Energy Conservation Program: Energy Conservation Standards and Test Procedures for Ceiling Fans, 28469-28473 [2021-10882]
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28469
Rules and Regulations
Federal Register
Vol. 86, No. 101
Thursday, May 27, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2013–BT–TP–0050]
RIN 1904–AD88
Energy Conservation Program: Energy
Conservation Standards and Test
Procedures for Ceiling Fans
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; technical
amendments.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is publishing this final
rule to amend the current regulations for
large-diameter ceiling fans. The contents
of these technical amendments
correspond with provisions enacted by
Congress through the Energy Act of
2020. This final rule also implements
conforming amendments to the ceiling
fan test procedure to ensure consistency
with the Energy Act of 2020.
DATES: The effective date of this rule is
May 27, 2021. The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register on May 27, 2021.
The incorporation by reference of a
certain other publication listed in this
rulemaking was approved by the
Director of the Federal Register on
August 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
9870. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Amelia Whiting, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
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SUMMARY:
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Telephone: (202) 586–2588. Email:
amelia.whiting@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
maintains a previously approved
incorporation by reference and
incorporates by reference the following
industry standard into 10 CFR part 430:
Air Movement and Control
Association International, Inc.
(‘‘AMCA’’) ANSI/AMCA Standard 208–
18, (‘‘AMCA 208–18’’), ‘‘Calculation of
the Fan Energy Index,’’ ANSI approved
January 24, 2018.
Copies of AMCA 208–18 may be
purchased from AMCA International at
30 W University Drive, Arlington
Heights, IL 60004, or by going to
www.amca.org.
See section V.M of this document for
further discussion of this standard.
Table of Contents
I. Authority and Background
II. Amendments To Codify the Act in the CFR
III. Conforming Amendments to the Ceiling
Fan Test Procedure
IV. Final Action
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Description of Materials Incorporated
by Reference
N. Congressional Notification
I. Authority and Background
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 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
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency. These
products include ceiling fans, the
subject of this document. (42 U.S.C.
6291(49), 42 U.S.C. 6293(b)(16)(A)(i)
and (B), and 42 U.S.C. 6295(ff))
On January 19, 2017, DOE published
a final rule amending the energy
conservation standards for ceiling fans.
82 FR 6826 (‘‘January 2017 Final Rule’’).
Compliance with the amended
standards was required beginning
January 21, 2020.3 The current energy
conservation standards for ceiling fans
are located in title 10 of the Code of
Federal Regulations (‘‘CFR’’) section
430.32(s), and specify the statutorilyprescribed design standards (see 42
U.S.C. 6295(ff)(1)(A)) and the minimum
efficiency standards established in the
January 2017 Final Rule. The minimum
efficiency standards established in the
CFR are prescribed in terms of cubic feet
per minute (‘‘CFM’’) per watt (‘‘CFM/
W’’). 10 CFR 430.32(s)(2). The currentlyapplicable DOE test procedures for
ceiling fans are established at 10 CFR
part 430, subpart B, appendix U,
Uniform Test Method for Measuring the
Energy Consumption of Ceiling Fans
(‘‘Appendix U’’).
Section 1008 of the Energy Act of
2020 (the ‘‘Act’’) amended section
325(ff)(6) of EPCA to specify that largediameter ceiling fans manufactured on
or after January 21, 2020, are not
required to meet minimum ceiling fan
efficiency requirements in terms of the
total airflow to the total power
consumption, CFM/W, as established in
the January 2017 Final Rule, but instead
meet minimum efficiency requirements
based on the Ceiling Fan Energy Index
(‘‘CFEI’’) metric. (42 U.S.C.
6295(ff)(6)(C)(i)(I), as codified) The Act
requires large-diameter ceiling fans to
have a CFEI greater than or equal to 1.00
at high speed and 1.31 at 40 percent
speed or the nearest speed that is not
less than 40 percent speed. (42 U.S.C.
6295(ff)(6)(C)(i)(II), as codified) Further,
the Act specifies that CFEI is to be
calculated in accordance with American
National Standards Institute ANSI/Air
Movement and Control Association
3 DOE published a confirmation of rulemaking
notice announcing the completion of a review of the
final rule amending energy conservation standards
for ceiling fans published on January 19, 2017 and
confirming that compliance date of that final rule
remained January 21, 2020. 82 FR 23723 (May 24,
2017).
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International, Inc., AMCA Standard
208–18, ‘‘Calculation of Fan Energy
Index,’’ with the following
modifications: (I) Using an Airflow
Constant (Q0) of 26,500 cubic feet per
minute; (II) Using a Pressure Constant
(P0) of 0.0027 inches water gauge; and
(III) Using a Fan Efficiency Constant (h0)
of 42 percent. (42 U.S.C.
6295(ff)(6)(C)(ii), as codified) Finally,
section 1008(b) of the Act states that for
the purposes of the periodic review
requirements in section 325(m) of
EPCA, the standard established in the
Act shall be treated as if such standard
was issued on January 19, 2017. This
final rule codifies those provisions of
the Act related to large-diameter ceiling
fans.
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II. Amendments To Codify the Act in
the CFR
In this final rule, DOE is amending 10
CFR 430.3, 10 CFR 430.32, and
Appendix U to codify the Act. Section
430.3 lists the procedures and
documents that are incorporated by
reference for use in DOE standards and
test procedures. DOE is amending this
section by adding a reference to ANSI/
AMCA 208–18.
Section 430.32(s)(2) specifies the
minimum efficiency requirements for
ceiling fans, including large-diameter
ceiling fans. DOE is amending this
section by removing the minimum
efficiency requirements (in terms of
CFM/W) for large-diameter ceiling fans
in § 430.32(s)(2)(i). DOE is further
amending this section by redesignating
§ 430.32(s)(2)(ii) as § 430.32(s)(2)(iii)
and adding a new § 430.32(s)(2)(ii) that
specifies the new CFEI energy
conservation standard for large-diameter
ceiling fans as prescribed by the Act.
Appendix U provides the uniform test
method for measuring the energy
consumption of ceiling fans. DOE is
amending Appendix U by adding a new
section 5 entitled ‘‘Calculation of
Ceiling Fan Energy Index (CFEI) From
the Test Results for Large-Diameter
Ceiling Fans,’’ which specifies the
method for calculating CFEI as
prescribed by the Act, i.e., according to
AMCA 208–18, with the assumed values
for airflow constant, pressure constant,
and fan efficiency constant.
III. Conforming Amendments to the
Ceiling Fan Test Procedure
Consistent with the codification of the
ceiling fan provisions of the Act, DOE
is also implementing conforming
amendments in Appendix U to remove
obsolete and conflicting provisions and
to revise potentially confusing language.
For large-diameter ceiling fans,
Appendix U continues to reference
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ANSI/AMCA Standard 230–15 (‘‘AMCA
230–15’’), ‘‘Laboratory Methods of
Testing Air Circulating Fans for Rating
and Certification,’’ (incorporated by
reference in § 430.3(b)(3)) to determine
airflow (in CFM) and power
consumption (in Watts), which are
inputs to the CFEI metric described in
AMCA 208–18.
However, because of the Act,
Appendix U no longer needs to include
provisions to calculate a ceiling fan
efficiency (CFM/W) of large-diameter
ceiling fans and provisions related to
testing large-diameter ceiling fans at
speeds other than high speed and 40
percent speed (or the nearest speed that
is not less than 40 percent speed).
Accordingly, these conforming
amendments: (1) Remove the definitions
of ‘‘20% speed,’’ ‘‘60% speed,’’ and
‘‘80% speed’’ from section 1
(Definitions); (2) amend section 3.5(1) to
refer to testing large-diameter ceiling
fans only at high speed and at 40
percent speed (or the nearest speed that
is not less than 40 percent speed) and
remove Table 2 (Speeds To Be Tested
for Large-Diameter Ceiling Fans) from
that section; (3) amend section 3.5(2) to
remove any requirements for speeds
besides 40 percent speed and update the
example to reference average measured
RPM with respect to 40 percent speed;
(4) amend the title for section 4
(Calculation of Ceiling Fan Efficiency
From the Test Results) to specify that
the section only applies to high-speed
small diameter and low-speed small
diameter ceiling fans; (5) remove the
reference to large-diameter ceiling fans
in section 4(3); and (6) remove the
operating hours corresponding to largediameter ceiling fans in Table 3 (Daily
Operating Hours for Calculating Ceiling
Fan Efficiency), as well as the
corresponding table note.
IV. Final Action
DOE has determined, pursuant to 5
U.S.C. 553(b)(B), that prior notice and
an opportunity for public comment on
this final rule are unnecessary. Given
the applicable statutory requirement
enacted by Congress to require largediameter ceiling fans to comply with
energy conservation standards based on
CFEI (rather than CFM/W), and the
absence of any benefit in providing
comment given that the rule
incorporates the specific requirements
established by the Energy Act of 2020
and conforming amendments, DOE
finds that good cause exists to waive
prior notice and an opportunity for
public comment on the actions
presented in this document to
implement the provisions of the Energy
Act of 2020 relevant to large-diameter
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ceiling fans. For the same reasons, DOE
finds good cause pursuant to 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date for this rule.
V. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
This final rule is not a ‘‘significant
regulatory action’’ under any of the
criteria set out in section 3(f) of
Executive Order 12866, ‘‘Regulatory
Planning and Review.’’ 58 FR 51735
(October 4, 1993). Accordingly, this
action was not subject to review by the
Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(FRFA) for any final rule where the
agency was first required by law to
publish a proposed rule for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003 to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: https://energy.gov/
gc/office-general-counsel. DOE is
revising the Code of Federal Regulations
to incorporate, revised requirements for
large-diameter ceiling fans prescribed by
Public Law 116–260, and conforming
amendments. Because this is a technical
amendment for which a general notice
of proposed rulemaking is not required,
the analytical requirements of the
Regulatory Flexibility Act do not apply
to this rulemaking.
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of ceiling fans must
certify to DOE that their products
comply with any applicable energy
conservation standards. To certify
compliance, manufacturers must first
obtain test data for their products
according to the DOE test procedures,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
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requirements for all covered consumer
products and commercial equipment,
including ceiling fans. (See generally 10
CFR part 429.) The collection-ofinformation requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 35 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
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D. Review Under the National
Environmental Policy Act of 1969
Pursuant to the National
Environmental Policy Act (‘‘NEPA’’) of
1969, DOE has analyzed this proposed
action in accordance with NEPA and
DOE’s NEPA implementing regulations
(10 CFR part 1021). DOE has determined
that this rule qualifies for categorical
exclusion under 10 CFR part 1021,
subpart D, Appendix A5 because it is an
interpretive rulemaking that does not
change the environmental effect of the
rule and meets the requirements for
application of a categorical exclusion.
See 10 CFR 1021.410. Therefore, DOE
has determined that promulgation of
this rule is not a major Federal action
significantly affecting the quality of the
human environment within the meaning
of NEPA, and does not require an
environmental assessment or
environmental impact statement.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have Federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
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have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
it will follow in the development of
such regulations. 65 FR 13735. DOE
examined this final rule and determined
that it will not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the products
that are the subject of this final rule.
States can petition DOE for exemption
from such preemption to the extent, and
based on criteria, set forth in EPCA. (42
U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
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28471
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at https://
energy.gov/gc/office-general-counsel.
DOE examined this final rule according
to UMRA and its statement of policy
and determined that the rule contains
neither an intergovernmental mandate,
nor a mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements do not
apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
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J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at https://www.energy.gov/
sites/prod/files/2019/12/f70/
DOE%20Final%20Updated
%20IQA%20Guidelines%20Dec
%202019.pdf. DOE has reviewed this
final rule under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
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K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
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L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
In this final rule, DOE is codifying the
statutory reference to ANSI/AMCA
Standard 208–18 as the test method for
determining CFEI for large-diameter
fans. Because this is a technical
amendment for which a general notice
of proposed rulemaking is not required
and because DOE did not propose the
incorporation by reference, section 32
do not apply to this rulemaking.
M. Description of Materials
Incorporated by Reference
In this final rule, DOE incorporates by
reference the test procedure published
by AMCA International, titled
‘‘Calculation of the Fan Energy Index.’’
Specifically, the test procedure codified
by this final rule references ANSI/
AMCA Standard 208–18, (‘‘AMCA 208–
18’’), ‘‘Calculation of the Fan Energy
Index,’’ approved 2018. The procedure
defines the fan energy index (‘‘FEI’’),
outlines the calculations necessary to
obtain it, and discusses the test
conditions and configurations it applies
to. Copies of ANSI/AMCA 208–18 may
be purchased from the AMCA
International at 30 W University Drive,
Arlington Heights, IL 60004, or by going
to webstore.ansi.org.
ANSI/AMCA 230–15 was previously
approved for IBR in appendix U and the
reference continues unchanged.
N. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule prior to its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Approval of the Office of the Secretary
The Secretary of Energy has approved
publication of this final rule.
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List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements, and
Small businesses.
Signing Authority
This document of the Department of
Energy was signed on May 18, 2021, by
Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on May 19,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends part 430 of
chapter II of title 10, Code of Federal
Regulations as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Section 430.3 is amended by:
a. Revising paragraph (a);
b. Redesignating paragraphs (b)(2) and
(3) as (b)(3) and (4), respectively; and
■ c. Adding new paragraph (b)(2).
The revision and addition read as
follows:
■
■
■
§ 430.3 Materials incorporated by
reference.
(a) Certain material is incorporated by
reference into this subpart with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
this section, DOE must publish a
document in the Federal Register and
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules and Regulations
the material must be available to the
public. All approved material is
available for inspection at the U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, Sixth
Floor, 950 L’Enfant Plaza SW,
Washington, DC 20024, (202) 586–2945,
https://www.energy.gov/eere/buildings/
appliance-and-equipment-standardsprogram, and may be obtained from the
other sources in this section. It is also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
email: fedreg.legal@nara.gov, or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(b) * * *
(2) ANSI/AMCA Standard 208–18,
(‘‘AMCA 208–18’’), Calculation of the
Fan Energy Index, ANSI approved
January 24, 2018, IBR approved for
appendix U to this subpart.
*
*
*
*
*
■ 3. Appendix U to subpart B of part
430 is amended by:
■ a. Removing sections 1.1, 1.3, and 1.4;
■ b. Redesignating section 1.2 as 1.1;
■ c. Redesignating sections 1.5 through
1.23 as 1.2 through 1.20, respectively;
■ d. Revising section 3.5;
■ e. Revising the heading for section 4;
■ f. Removing the parenthetical ‘‘(for all
tested settings for large-diameter ceiling
fans)’’ in section 4.(3);
■ g. Revising section 4.(4); and
■ h. Adding section 5.
The revisions and addition read as
follows:
Appendix U to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Ceiling Fans
jbell on DSKJLSW7X2PROD with RULES
*
*
*
*
*
3.5 Active mode test measurement
for large-diameter ceiling fans:
(1) Test large-diameter ceiling fans in
accordance with ANSI/AMCA Standard
208–18 in all phases simultaneously at:
(a) High speed, and
(b) 40 percent speed or the nearest
speed that is not less than 40 percent
speed.
(2) When testing at 40 percent speed
for large-diameter ceiling fans that can
operate over an infinite number of
speeds (e.g., ceiling fans with VFDs),
ensure the average measured RPM is
within the greater of 1% of the average
RPM at high speed or 1 RPM. For
example, if the average measured RPM
at high speed is 50 RPM, for testing at
40% speed, the average measured RPM
should be between 19 RPM and 21 RPM.
If the average measured RPM falls
outside of this tolerance, adjust the
VerDate Sep<11>2014
16:44 May 26, 2021
Jkt 253001
ceiling fan speed and repeat the test.
Calculate the airflow and measure the
active (real) power consumption in all
phases simultaneously in accordance
with the test requirements specified in
sections 8 and 9, AMCA 230–15
(incorporated by reference, see § 430.3),
with the following modifications:
*
*
*
*
*
4. Calculation of Ceiling Fan
Efficiency From the Test Results for
LSSD and HSSD ceiling fans:
*
*
*
*
*
(4) Table 3 of this appendix specifies
the daily hours of operation to be used
in calculating ceiling fan efficiency:
TABLE 3 TO APPENDIX U TO SUBPART
B OF PART 430: DAILY OPERATING
HOURS FOR CALCULATING CEILING
FAN EFFICIENCY
No standby
3.4
3.0
0.0
17.6
3.4
3.0
17.6
0.0
Daily Operating Hours for HSSD Ceiling Fans
High Speed .................
Standby Mode .............
Off Mode .....................
12.0
0.0
12.0
12.0
12.0
0.0
*
*
*
*
*
5. Calculation of Ceiling Fan Energy
Index (CFEI) From the Test Results for
Large-Diameter Ceiling Fans:
Calculate CFEI, which is the FEI for
large-diameter ceiling fans, at the speeds
specified in section 3.5 of this appendix
according to ANSI/AMCA 208–18,
(incorporated by reference, see § 430.3),
with the following modifications:
(1) Using an Airflow Constant (Q0) of
26,500 cubic feet per minute;
(2) Using a Pressure Constant (P0) of
0.0027 inches water gauge; and
(3) Using a Fan Efficiency Constant
(h0) of 42 percent.
■ 4. Section 430.32 is amended by:
■ a. Revising paragraph (s)(2)(i);
■ b. Redesignating (s)(2)(ii) as (s)(2)(iii);
and
■ c. Adding new paragraph (s)(2)(ii).
The revision and addition read as
follows:
§ 430.32 Energy and water conservation
standards and their compliance dates.
*
*
*
*
*
(s) * * *
(2)(i) Ceiling fans manufactured on or
after January 21, 2020, shall meet the
requirements shows in the table:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Minimum
efficiency
(CFM/W) 1
Very small-diameter (VSD) ............
D ≤ 12 in.: 21.
D > 12 in.: 3.16
D–17.04.
0.65 D + 38.03.
0.29 D + 34.46.
4.16 D + 0.02.
Standard ........................................
Hugger ...........................................
High-speed small-diameter
(HSSD).
1 D is the ceiling fan’s blade span, in inches, as
determined in Appendix U of this part.
(ii) Large-diameter ceiling fans
manufactured on or after January 21,
2020, shall have a CFEI greater than or
equal to—
(A) 1.00 at high speed; and
(B) 1.31 at 40 percent speed or the
nearest speed that is not less than 40
percent speed.
*
*
*
*
*
[FR Doc. 2021–10882 Filed 5–26–21; 8:45 am]
BILLING CODE 6450–01–P
With
standby
Daily Operating Hours for LSSD Ceiling Fans
High Speed .................
Low Speed ..................
Standby Mode .............
Off Mode .....................
Product class as
defined in Appendix U
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26107; Project
Identifier 2004–SW–30–AD; Amendment 39–
21549; AD 2021–10–16]
RIN 2120–AA64
Airworthiness Directives; Carson
Helicopters, Inc.; Croman Corporation;
Sikorsky Aircraft Corporation; and
Siller Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Carson Helicopters, Inc., Model S–61L
and SH–3H helicopters; Croman
Corporation Model SH–3H helicopters;
Sikorsky Aircraft Corporation Model
S–61A, S–61D, S–61E, and S–61V
helicopters; and Siller Helicopters
Model CH–3E and SH–3A helicopters.
This AD was prompted by an accident.
This AD requires tracking hours time-inservice (TIS) and external lift cycles (lift
cycles) for certain main gearbox left and
right input freewheel unit (IFWU)
assemblies. This AD also requires
determining the type of IFWU assembly
installed and depending on the results,
calculating the moving average,
repetitive inspections, recording certain
information, replacing parts, and
marking parts. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES: This AD is effective July 1, 2021.
SUMMARY:
E:\FR\FM\27MYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28469-28473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10882]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules
and Regulations
[[Page 28469]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2013-BT-TP-0050]
RIN 1904-AD88
Energy Conservation Program: Energy Conservation Standards and
Test Procedures for Ceiling Fans
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is publishing this
final rule to amend the current regulations for large-diameter ceiling
fans. The contents of these technical amendments correspond with
provisions enacted by Congress through the Energy Act of 2020. This
final rule also implements conforming amendments to the ceiling fan
test procedure to ensure consistency with the Energy Act of 2020.
DATES: The effective date of this rule is May 27, 2021. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register on May 27, 2021.
The incorporation by reference of a certain other publication listed in
this rulemaking was approved by the Director of the Federal Register on
August 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Program, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email: [email protected].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE maintains a previously approved
incorporation by reference and incorporates by reference the following
industry standard into 10 CFR part 430:
Air Movement and Control Association International, Inc. (``AMCA'')
ANSI/AMCA Standard 208-18, (``AMCA 208-18''), ``Calculation of the Fan
Energy Index,'' ANSI approved January 24, 2018.
Copies of AMCA 208-18 may be purchased from AMCA International at
30 W University Drive, Arlington Heights, IL 60004, or by going to
www.amca.org.
See section V.M of this document for further discussion of this
standard.
Table of Contents
I. Authority and Background
II. Amendments To Codify the Act in the CFR
III. Conforming Amendments to the Ceiling Fan Test Procedure
IV. Final Action
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
N. Congressional Notification
I. Authority and Background
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
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 ceiling fans, the subject of this document. (42 U.S.C.
6291(49), 42 U.S.C. 6293(b)(16)(A)(i) and (B), and 42 U.S.C. 6295(ff))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
On January 19, 2017, DOE published a final rule amending the energy
conservation standards for ceiling fans. 82 FR 6826 (``January 2017
Final Rule''). Compliance with the amended standards was required
beginning January 21, 2020.\3\ The current energy conservation
standards for ceiling fans are located in title 10 of the Code of
Federal Regulations (``CFR'') section 430.32(s), and specify the
statutorily-prescribed design standards (see 42 U.S.C. 6295(ff)(1)(A))
and the minimum efficiency standards established in the January 2017
Final Rule. The minimum efficiency standards established in the CFR are
prescribed in terms of cubic feet per minute (``CFM'') per watt (``CFM/
W''). 10 CFR 430.32(s)(2). The currently-applicable DOE test procedures
for ceiling fans are established at 10 CFR part 430, subpart B,
appendix U, Uniform Test Method for Measuring the Energy Consumption of
Ceiling Fans (``Appendix U'').
---------------------------------------------------------------------------
\3\ DOE published a confirmation of rulemaking notice announcing
the completion of a review of the final rule amending energy
conservation standards for ceiling fans published on January 19,
2017 and confirming that compliance date of that final rule remained
January 21, 2020. 82 FR 23723 (May 24, 2017).
---------------------------------------------------------------------------
Section 1008 of the Energy Act of 2020 (the ``Act'') amended
section 325(ff)(6) of EPCA to specify that large-diameter ceiling fans
manufactured on or after January 21, 2020, are not required to meet
minimum ceiling fan efficiency requirements in terms of the total
airflow to the total power consumption, CFM/W, as established in the
January 2017 Final Rule, but instead meet minimum efficiency
requirements based on the Ceiling Fan Energy Index (``CFEI'') metric.
(42 U.S.C. 6295(ff)(6)(C)(i)(I), as codified) The Act requires large-
diameter ceiling fans to have a CFEI greater than or equal to 1.00 at
high speed and 1.31 at 40 percent speed or the nearest speed that is
not less than 40 percent speed. (42 U.S.C. 6295(ff)(6)(C)(i)(II), as
codified) Further, the Act specifies that CFEI is to be calculated in
accordance with American National Standards Institute ANSI/Air Movement
and Control Association
[[Page 28470]]
International, Inc., AMCA Standard 208-18, ``Calculation of Fan Energy
Index,'' with the following modifications: (I) Using an Airflow
Constant (Q0) of 26,500 cubic feet per minute; (II) Using a
Pressure Constant (P0) of 0.0027 inches water gauge; and
(III) Using a Fan Efficiency Constant ([eta]0) of 42
percent. (42 U.S.C. 6295(ff)(6)(C)(ii), as codified) Finally, section
1008(b) of the Act states that for the purposes of the periodic review
requirements in section 325(m) of EPCA, the standard established in the
Act shall be treated as if such standard was issued on January 19,
2017. This final rule codifies those provisions of the Act related to
large-diameter ceiling fans.
II. Amendments To Codify the Act in the CFR
In this final rule, DOE is amending 10 CFR 430.3, 10 CFR 430.32,
and Appendix U to codify the Act. Section 430.3 lists the procedures
and documents that are incorporated by reference for use in DOE
standards and test procedures. DOE is amending this section by adding a
reference to ANSI/AMCA 208-18.
Section 430.32(s)(2) specifies the minimum efficiency requirements
for ceiling fans, including large-diameter ceiling fans. DOE is
amending this section by removing the minimum efficiency requirements
(in terms of CFM/W) for large-diameter ceiling fans in Sec.
430.32(s)(2)(i). DOE is further amending this section by redesignating
Sec. 430.32(s)(2)(ii) as Sec. 430.32(s)(2)(iii) and adding a new
Sec. 430.32(s)(2)(ii) that specifies the new CFEI energy conservation
standard for large-diameter ceiling fans as prescribed by the Act.
Appendix U provides the uniform test method for measuring the
energy consumption of ceiling fans. DOE is amending Appendix U by
adding a new section 5 entitled ``Calculation of Ceiling Fan Energy
Index (CFEI) From the Test Results for Large-Diameter Ceiling Fans,''
which specifies the method for calculating CFEI as prescribed by the
Act, i.e., according to AMCA 208-18, with the assumed values for
airflow constant, pressure constant, and fan efficiency constant.
III. Conforming Amendments to the Ceiling Fan Test Procedure
Consistent with the codification of the ceiling fan provisions of
the Act, DOE is also implementing conforming amendments in Appendix U
to remove obsolete and conflicting provisions and to revise potentially
confusing language. For large-diameter ceiling fans, Appendix U
continues to reference ANSI/AMCA Standard 230-15 (``AMCA 230-15''),
``Laboratory Methods of Testing Air Circulating Fans for Rating and
Certification,'' (incorporated by reference in Sec. 430.3(b)(3)) to
determine airflow (in CFM) and power consumption (in Watts), which are
inputs to the CFEI metric described in AMCA 208-18.
However, because of the Act, Appendix U no longer needs to include
provisions to calculate a ceiling fan efficiency (CFM/W) of large-
diameter ceiling fans and provisions related to testing large-diameter
ceiling fans at speeds other than high speed and 40 percent speed (or
the nearest speed that is not less than 40 percent speed). Accordingly,
these conforming amendments: (1) Remove the definitions of ``20%
speed,'' ``60% speed,'' and ``80% speed'' from section 1 (Definitions);
(2) amend section 3.5(1) to refer to testing large-diameter ceiling
fans only at high speed and at 40 percent speed (or the nearest speed
that is not less than 40 percent speed) and remove Table 2 (Speeds To
Be Tested for Large-Diameter Ceiling Fans) from that section; (3) amend
section 3.5(2) to remove any requirements for speeds besides 40 percent
speed and update the example to reference average measured RPM with
respect to 40 percent speed; (4) amend the title for section 4
(Calculation of Ceiling Fan Efficiency From the Test Results) to
specify that the section only applies to high-speed small diameter and
low-speed small diameter ceiling fans; (5) remove the reference to
large-diameter ceiling fans in section 4(3); and (6) remove the
operating hours corresponding to large-diameter ceiling fans in Table 3
(Daily Operating Hours for Calculating Ceiling Fan Efficiency), as well
as the corresponding table note.
IV. Final Action
DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior
notice and an opportunity for public comment on this final rule are
unnecessary. Given the applicable statutory requirement enacted by
Congress to require large-diameter ceiling fans to comply with energy
conservation standards based on CFEI (rather than CFM/W), and the
absence of any benefit in providing comment given that the rule
incorporates the specific requirements established by the Energy Act of
2020 and conforming amendments, DOE finds that good cause exists to
waive prior notice and an opportunity for public comment on the actions
presented in this document to implement the provisions of the Energy
Act of 2020 relevant to large-diameter ceiling fans. For the same
reasons, DOE finds good cause pursuant to 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effective date for this rule.
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This final rule is not a ``significant regulatory action'' under
any of the criteria set out in section 3(f) of Executive Order 12866,
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject to review by the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003 to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: https://energy.gov/gc/office-general-counsel. DOE is revising the Code of Federal Regulations
to incorporate, revised requirements for large-diameter ceiling fans
prescribed by Public Law 116-260, and conforming amendments. Because
this is a technical amendment for which a general notice of proposed
rulemaking is not required, the analytical requirements of the
Regulatory Flexibility Act do not apply to this rulemaking.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of ceiling fans must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping
[[Page 28471]]
requirements for all covered consumer products and commercial
equipment, including ceiling fans. (See generally 10 CFR part 429.) The
collection-of-information requirement for the certification and
recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). This requirement has been approved by
OMB under OMB control number 1910-1400. Public reporting burden for the
certification is estimated to average 35 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act (``NEPA'') of
1969, DOE has analyzed this proposed action in accordance with NEPA and
DOE's NEPA implementing regulations (10 CFR part 1021). DOE has
determined that this rule qualifies for categorical exclusion under 10
CFR part 1021, subpart D, Appendix A5 because it is an interpretive
rulemaking that does not change the environmental effect of the rule
and meets the requirements for application of a categorical exclusion.
See 10 CFR 1021.410. Therefore, DOE has determined that promulgation of
this rule is not a major Federal action significantly affecting the
quality of the human environment within the meaning of NEPA, and does
not require an environmental assessment or environmental impact
statement.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel. DOE examined this
final rule according to UMRA and its statement of policy and determined
that the rule contains neither an intergovernmental mandate, nor a
mandate that may result in the expenditure of $100 million or more in
any year, so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
[[Page 28472]]
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at https://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
In this final rule, DOE is codifying the statutory reference to
ANSI/AMCA Standard 208-18 as the test method for determining CFEI for
large-diameter fans. Because this is a technical amendment for which a
general notice of proposed rulemaking is not required and because DOE
did not propose the incorporation by reference, section 32 do not apply
to this rulemaking.
M. Description of Materials Incorporated by Reference
In this final rule, DOE incorporates by reference the test
procedure published by AMCA International, titled ``Calculation of the
Fan Energy Index.'' Specifically, the test procedure codified by this
final rule references ANSI/AMCA Standard 208-18, (``AMCA 208-18''),
``Calculation of the Fan Energy Index,'' approved 2018. The procedure
defines the fan energy index (``FEI''), outlines the calculations
necessary to obtain it, and discusses the test conditions and
configurations it applies to. Copies of ANSI/AMCA 208-18 may be
purchased from the AMCA International at 30 W University Drive,
Arlington Heights, IL 60004, or by going to webstore.ansi.org.
ANSI/AMCA 230-15 was previously approved for IBR in appendix U and
the reference continues unchanged.
N. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, and Small businesses.
Signing Authority
This document of the Department of Energy was signed on May 18,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on May 19, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 430 of
chapter II of title 10, Code of Federal Regulations as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.3 is amended by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (b)(2) and (3) as (b)(3) and (4),
respectively; and
0
c. Adding new paragraph (b)(2).
The revision and addition read as follows:
Sec. 430.3 Materials incorporated by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, DOE must publish a document in the
Federal Register and
[[Page 28473]]
the material must be available to the public. All approved material is
available for inspection at the U.S. Department of Energy, Office of
Energy Efficiency and Renewable Energy, Building Technologies Program,
Sixth Floor, 950 L'Enfant Plaza SW, Washington, DC 20024, (202) 586-
2945, https://www.energy.gov/eere/buildings/appliance-and-equipment-standards-program, and may be obtained from the other sources in this
section. It is also available for inspection at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) * * *
(2) ANSI/AMCA Standard 208-18, (``AMCA 208-18''), Calculation of
the Fan Energy Index, ANSI approved January 24, 2018, IBR approved for
appendix U to this subpart.
* * * * *
0
3. Appendix U to subpart B of part 430 is amended by:
0
a. Removing sections 1.1, 1.3, and 1.4;
0
b. Redesignating section 1.2 as 1.1;
0
c. Redesignating sections 1.5 through 1.23 as 1.2 through 1.20,
respectively;
0
d. Revising section 3.5;
0
e. Revising the heading for section 4;
0
f. Removing the parenthetical ``(for all tested settings for large-
diameter ceiling fans)'' in section 4.(3);
0
g. Revising section 4.(4); and
0
h. Adding section 5.
The revisions and addition read as follows:
Appendix U to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Ceiling Fans
* * * * *
3.5 Active mode test measurement for large-diameter ceiling fans:
(1) Test large-diameter ceiling fans in accordance with ANSI/AMCA
Standard 208-18 in all phases simultaneously at:
(a) High speed, and
(b) 40 percent speed or the nearest speed that is not less than 40
percent speed.
(2) When testing at 40 percent speed for large-diameter ceiling
fans that can operate over an infinite number of speeds (e.g., ceiling
fans with VFDs), ensure the average measured RPM is within the greater
of 1% of the average RPM at high speed or 1 RPM. For example, if the
average measured RPM at high speed is 50 RPM, for testing at 40% speed,
the average measured RPM should be between 19 RPM and 21 RPM. If the
average measured RPM falls outside of this tolerance, adjust the
ceiling fan speed and repeat the test. Calculate the airflow and
measure the active (real) power consumption in all phases
simultaneously in accordance with the test requirements specified in
sections 8 and 9, AMCA 230-15 (incorporated by reference, see Sec.
430.3), with the following modifications:
* * * * *
4. Calculation of Ceiling Fan Efficiency From the Test Results for
LSSD and HSSD ceiling fans:
* * * * *
(4) Table 3 of this appendix specifies the daily hours of operation
to be used in calculating ceiling fan efficiency:
Table 3 to Appendix U to Subpart B of Part 430: Daily Operating Hours
for Calculating Ceiling Fan Efficiency
------------------------------------------------------------------------
With
No standby standby
------------------------------------------------------------------------
Daily Operating Hours for LSSD Ceiling Fans
------------------------------------------------------------------------
High Speed.................................... 3.4 3.4
Low Speed..................................... 3.0 3.0
Standby Mode.................................. 0.0 17.6
Off Mode...................................... 17.6 0.0
------------------------------------------------------------------------
Daily Operating Hours for HSSD Ceiling Fans
------------------------------------------------------------------------
High Speed.................................... 12.0 12.0
Standby Mode.................................. 0.0 12.0
Off Mode...................................... 12.0 0.0
------------------------------------------------------------------------
* * * * *
5. Calculation of Ceiling Fan Energy Index (CFEI) From the Test
Results for Large-Diameter Ceiling Fans:
Calculate CFEI, which is the FEI for large-diameter ceiling fans,
at the speeds specified in section 3.5 of this appendix according to
ANSI/AMCA 208-18, (incorporated by reference, see Sec. 430.3), with
the following modifications:
(1) Using an Airflow Constant (Q0) of 26,500 cubic feet
per minute;
(2) Using a Pressure Constant (P0) of 0.0027 inches
water gauge; and
(3) Using a Fan Efficiency Constant ([eta]0) of 42
percent.
0
4. Section 430.32 is amended by:
0
a. Revising paragraph (s)(2)(i);
0
b. Redesignating (s)(2)(ii) as (s)(2)(iii); and
0
c. Adding new paragraph (s)(2)(ii).
The revision and addition read as follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(s) * * *
(2)(i) Ceiling fans manufactured on or after January 21, 2020,
shall meet the requirements shows in the table:
------------------------------------------------------------------------
Minimum efficiency (CFM/W)
Product class as defined in Appendix U \1\
------------------------------------------------------------------------
Very small-diameter (VSD)................ D <= 12 in.: 21.
D > 12 in.: 3.16 D-17.04.
Standard................................. 0.65 D + 38.03.
Hugger................................... 0.29 D + 34.46.
High-speed small-diameter (HSSD)......... 4.16 D + 0.02.
------------------------------------------------------------------------
\1\ D is the ceiling fan's blade span, in inches, as determined in
Appendix U of this part.
(ii) Large-diameter ceiling fans manufactured on or after January
21, 2020, shall have a CFEI greater than or equal to--
(A) 1.00 at high speed; and
(B) 1.31 at 40 percent speed or the nearest speed that is not less
than 40 percent speed.
* * * * *
[FR Doc. 2021-10882 Filed 5-26-21; 8:45 am]
BILLING CODE 6450-01-P
