80_FR_31593 80 FR 31487 - Energy Conservation Program: Test Procedures for Ceiling Fans

80 FR 31487 - Energy Conservation Program: Test Procedures for Ceiling Fans

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 106 (June 3, 2015)

Page Range31487-31505
FR Document2015-13169

In this supplemental notice of proposed rulemaking (SNOPR), the U.S. Department of Energy (DOE) proposes a number of changes to the proposed test procedure rule published on October 17, 2014. Specifically, DOE proposes to clarify that a ceiling fan is not subject to the test procedure if the plane of rotation of the ceiling fan's blades cannot be within 45 degrees of horizontal, rather than exempt air circulators (or air-circulating fan heads) from the test procedure. DOE also proposes to test high-volume small-diameter ceiling fans according to test procedures based on the current DOE test procedure for ceiling fans, rather than the Air Movement and Control Association International, Inc. (AMCA) 230 test procedure. All ceiling fans larger than seven feet in diameter would still be tested according to a test procedure based on the AMCA 230 test procedure, but all ceiling fans less than seven feet in diameter would be tested according to test procedures based on the current DOE test procedure. DOE also proposes that the test require mounting all ceiling fans with blade spans less than or equal to seven feet to the real ceiling, rather than a false ceiling, during testing. The proposed test method would also increase the number of speeds at which ceiling fans with blade spans greater than seven feet are tested, and clarify the weighting associated with each tested speed in the energy efficiency metric and update the test room dimensions for ceiling fans with blade spans greater than seven feet. Finally, DOE proposes to clarify the effective date corresponding to the NOPR proposal to reinterpret the statutory definition of a ceiling fan to include hugger ceiling fans.

Federal Register, Volume 80 Issue 106 (Wednesday, June 3, 2015)
[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Proposed Rules]
[Pages 31487-31505]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13169]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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


Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / 
Proposed Rules

[[Page 31487]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2013-BT-TP-0050]
RIN 1904-AD10


Energy Conservation Program: Test Procedures for Ceiling Fans

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

ACTION: Supplemental notice of proposed rulemaking.

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

SUMMARY: In this supplemental notice of proposed rulemaking (SNOPR), 
the U.S. Department of Energy (DOE) proposes a number of changes to the 
proposed test procedure rule published on October 17, 2014. 
Specifically, DOE proposes to clarify that a ceiling fan is not subject 
to the test procedure if the plane of rotation of the ceiling fan's 
blades cannot be within 45 degrees of horizontal, rather than exempt 
air circulators (or air-circulating fan heads) from the test procedure. 
DOE also proposes to test high-volume small-diameter ceiling fans 
according to test procedures based on the current DOE test procedure 
for ceiling fans, rather than the Air Movement and Control Association 
International, Inc. (AMCA) 230 test procedure. All ceiling fans larger 
than seven feet in diameter would still be tested according to a test 
procedure based on the AMCA 230 test procedure, but all ceiling fans 
less than seven feet in diameter would be tested according to test 
procedures based on the current DOE test procedure. DOE also proposes 
that the test require mounting all ceiling fans with blade spans less 
than or equal to seven feet to the real ceiling, rather than a false 
ceiling, during testing. The proposed test method would also increase 
the number of speeds at which ceiling fans with blade spans greater 
than seven feet are tested, and clarify the weighting associated with 
each tested speed in the energy efficiency metric and update the test 
room dimensions for ceiling fans with blade spans greater than seven 
feet. Finally, DOE proposes to clarify the effective date corresponding 
to the NOPR proposal to reinterpret the statutory definition of a 
ceiling fan to include hugger ceiling fans.

DATES: DOE will accept comments, data, and information regarding this 
SNOPR until August 17, 2015. See section V, ``Public Participation,'' 
for details.

ADDRESSES: Any comments submitted must identify the SNOPR for Test 
Procedures for Ceiling Fans, and provide docket number EERE-2013-BT-TP-
0050 and/or regulatory information number (RIN) number 1904-AD10. 
Comments may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: CF2013TP0050@ee.doe.gov. Include the docket number and/or 
RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket is available for review at regulations.gov, 
including Federal Register notices, public meeting attendee lists and 
transcripts, comments, and other supporting documents/materials. All 
documents in the docket are listed in the regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    A link to the docket Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/101. This Web page will contain a link to the docket for this 
document on the regulations.gov site. The regulations.gov Web page 
contains simple instructions on how to access all documents, including 
public comments, in the docket. See section V for information on how to 
submit comments through regulations.gov.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact Ms. Brenda Edwards at (202) 586-2945 or by email: 
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: 
Ms. Lucy deButts, 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) 287-1604. Email: ceiling_fans@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC, 20585-
0121. Telephone: (202) 586-7796. Email: elizabeth.kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: DOE intends to incorporate by reference the 
following industry standard into 10 CFR part 430: ANSI/AMCA 230-12 
(``AMCA 230''), Air Movement and Control Association Laboratory Methods 
of Testing Air Circulating Fans for Rating and Certification. Copies of 
ANSI/AMCA 230-12 can be obtained from the American National Standards 
Institute, 25 W. 43rd Street, 4th Floor, New York, NY 10036, 212-642-
4900, or go to http://www.ansi.org.

Table of Contents

I. Authority and Background
II. Synopsis of the Supplemental Notice of Proposed Rulemaking
III. Discussion
    A. Ceiling Fans for Which the Plane of Rotation of the Ceiling 
Fan's Blades Cannot Be Within 45 Degrees of Horizontal Are Not 
Subject to the Test Procedure
    B. Update Test Procedures for High-Volume Small-Diameter Ceiling 
Fans
    C. Mount All Ceiling Fans With Blade Spans Less Than or Equal to 
Seven Feet to the Real Ceiling for Testing
    D. Test Ceiling Fans With Blade Spans Greater Than Seven Feet at 
Five Speeds
    E. Update Test Room Dimensions for Ceiling Fans With Blade Spans 
Greater Than Seven Feet
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866

[[Page 31488]]

    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 Material Incorporated by Reference
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 
6291, et seq.; ``EPCA'' or, ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency. (All references to 
EPCA refer to the statute as amended through the EPS Service Parts Act 
of 2014, Pub. L. 113-263 (Dec. 18, 2014)). Part B of title III, which 
for editorial reasons was redesignated as Part A upon incorporation 
into the U.S. Code (42 U.S.C. 6291-6309), establishes the ``Energy 
Conservation Program for Consumer Products Other Than Automobiles.''
    Under EPCA, this energy conservation program consists essentially 
of four parts: (1) Testing; (2) labeling; (3) Federal energy 
conservation standards; and (4) certification and enforcement 
procedures. The testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for certifying 
to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA and for making other 
representations about the efficiency of those products. (42 U.S.C. 
6293(c) and 6295(s)) Similarly, DOE must use these test requirements to 
determine whether the products comply with any relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))

II. Synopsis of the Supplemental Notice of Proposed Rulemaking

    After careful consideration of comments received on the NOPR, DOE 
is issuing this SNOPR to propose that manufacturers are not required to 
test ceiling fans pursuant to the test procedure if the plane of 
rotation of the ceiling fan's blades cannot be within 45 degrees of 
horizontal. This approach replaces that in the proposed rule issued on 
October 17, 2014 (79 FR 62521) (October 2014 NOPR), where DOE proposed 
to exempt ceiling fans from the test procedure based on the potentially 
ambiguous terms ``air circulator'' or ``air-circulating fan head''. DOE 
also proposes test procedures for high-volume small-diameter ceiling 
fans based on the current DOE ceiling fan test procedure and require 
all ceiling fans with blade spans less than or equal to seven feet to 
be mounted directly to the real ceiling during testing. In addition, 
for ceiling fans with blade spans greater than seven feet, DOE proposes 
to increase the number of speeds at which the fans are tested and 
clarify the weighting associated with each speed in the proposed energy 
efficiency metric, as well as update the test room dimensions.
    This SNOPR summarizes and addresses comments received on the NOPR 
that are related to the changes proposed in this SNOPR. DOE received 
comments on the NOPR regarding a number of other topics that are not 
addressed in this SNOPR; these comments will be addressed in the final 
rule. The following paragraphs summarize the proposed changes in this 
SNOPR, with further detail provided in Section III, Discussion.

Ceiling Fans for Which the Plane of Rotation of the Ceiling Fan's 
Blades Cannot Be Within 45 Degrees of Horizontal Are Not Subject to the 
Test Procedure

    DOE proposes that manufacturers not be required to test a ceiling 
fan pursuant to the test procedure if the plane of rotation of the 
ceiling fan's blades cannot be within 45 degrees of horizontal. This 
proposal would replace DOE's NOPR proposal that the test procedure does 
not apply to air circulators (or air-circulating fan heads), thereby 
removing any ambiguity associated with the terms ``air circulator'' or 
``air-circulating fan heads.'' This proposal ensures that only those 
ceiling fans whose performance the test procedure was designed to 
evaluate will be subject to the test procedure.

Update Test Procedures for High-Volume Small-Diameter Ceiling Fans

    DOE proposes to test high-volume small-diameter ceiling fans 
according to test procedures based on the current DOE test procedure 
for ceiling fans, rather than the Air Movement and Control Association 
International, Inc. (AMCA) 230 test procedure. As a result, all ceiling 
fans with blade spans less than or equal to seven feet would be tested 
according to the test procedures for low-volume ceiling fans proposed 
in the NOPR, with the distinction that high-volume small-diameter 
ceiling fans would be tested only at high speed, whereas low volume 
ceiling fans would be tested at both high speed and low speed, as 
proposed in the NOPR.

Mount All Ceiling Fans With Blade Spans Less Than or Equal to Seven 
Feet to the Real Ceiling for Testing

    DOE proposes to test all ceiling fans with blade spans less than or 
equal to seven feet with the ceiling fan mounted to the real ceiling, 
rather than a false ceiling, while maintaining the required vertical 
distance between the air velocity sensor heads and the bottom of the 
ceiling fan blades. This would provide a better representation of 
ceiling fan efficiency and would likely incur less test burden than 
testing with the ceiling fan mounted to a false ceiling.

Test Ceiling Fans With Blade Spans Greater Than Seven Feet at Five 
Speeds

    DOE proposes to test all ceiling fans with blade spans greater than 
seven feet at five speeds spaced equally over the range of available 
speeds: 20%, 40%, 60%, 80%, and 100% of the measured maximum speed 
revolutions per minute (rpm). DOE also proposes to clarify the 
weighting associated with each tested speed in the energy efficiency 
metric.

Update Test Room Dimensions for Ceiling Fans With Blade Spans Greater 
Than Seven Feet

    DOE proposes to update the test room dimensions for all ceiling 
fans with blade spans greater than seven feet. The updates represent 
potential increases to the required test room dimensions relative to 
those dimensions proposed in the NOPR for high-volume ceiling fans.

III. Discussion

A. Ceiling Fans for Which the Plane of Rotation of the Ceiling Fan's 
Blades Cannot Be Within 45 Degrees of Horizontal Are Not Subject to the 
Test Procedure

    In the NOPR, DOE stated that the proposed test procedures would not 
apply to air circulators (or air-circulating fan heads) that are 
typically mounted on a pedestal but could also include wall, ceiling, 
or I-beam mounting brackets. DOE then referenced section 5.1.1 of AMCA 
230-12 for the definition of an air circulator. In response, DOE 
received comments from Fanimation, Matthews Fan Company, and BAS 
requesting clarification of the definition of the term ``air 
circulator,'' as

[[Page 31489]]

the language in AMCA 230 is ambiguous. (Fanimation, Public Meeting 
Transcript, No. 83 at p. 21; Matthews Fan Company, Public Meeting 
Transcript, No. 83 at pp. 22-23; Big Ass Solutions, Public Meeting 
Transcript, No. 83 at pp. 23-24) ALA further requested that DOE clarify 
if a fan head assembly consisting of a motor, impeller, and guard 
mounted on a downrod classified as an air circulator. (American 
Lighting Association, No. 8 at pp. 4-5)
    Per suggestion by BAS to review other sections of AMCA 230 for a 
clearer definition of an air circulator, DOE reviewed AMCA 230-12 for 
more specific language, but only found potentially ambiguous language. 
DOE's intention in excluding air circulators from the test procedure 
was to ensure that only ceiling fans that could be properly assessed 
with the test procedure were subject to the test procedure. For 
example, DOE intended to exclude ceiling fans that only moved air 
horizontally, rather than primarily downward, as the test procedure is 
not designed to provide accurate performance data for such fans. In 
this supplemental proposal, DOE proposes that if the plane of rotation 
of a ceiling fan's blades cannot be within 45 degrees of horizontal, 
the ceiling fan is not subject to the test procedure. In this way, DOE 
is not specifically excluding ``air circulators''; instead, DOE is 
excluding from the test procedure only ceiling fans that do not have 
the majority of their airflow directed vertically downward.

B. Update Test Procedures for High-Volume Small-Diameter Ceiling Fans

    In the NOPR, DOE proposed different test methods for low-volume 
ceiling fans and high-volume, small-diameter ceiling fans. 
Specifically, DOE proposed to test low-volume ceiling fans according to 
a modified version of the current DOE test procedure, which is based on 
the ``Energy Star Testing Facility Guidance Manual: Building a Testing 
Facility and Performing the Solid State Test Method for ENERGY STAR 
Qualified Ceiling Fans, Version 1.1.'' In contrast, DOE proposed to 
test all high-volume ceiling fans (including high-volume small-diameter 
ceiling fans) according to the test procedure set forth in AMCA 230-12, 
but subject to the proposed test room dimensions set forth in the NOPR. 
These two test procedures are fundamentally different, as the NOPR low-
volume ceiling fan test procedure determines airflow based on air 
velocity measurements, whereas the NOPR high-volume ceiling fan test 
procedure determines airflow based on load differential measured using 
a load cell.
    Data presented by Big Ass Solutions (BAS) at the November 19, 2014 
public meeting shows that the AMCA 230 test procedure results in a 
decrease in the measured performance for the same fan as compared to 
the NOPR test procedure for low-volume ceiling fans. (BAS, Public 
Meeting Transcript, No. 5 at pp. 63-64).\1\ Given this, BAS expressed 
that there may be instances where a small-diameter fan has a large 
enough measured airflow under the NOPR low-volume test procedure to 
move it into the high-volume category, but when tested according to the 
NOPR high-volume test procedure, the measured airflow would be too low 
for the fan to qualify for the high-volume category. Id. BAS added that 
the decrease in rated performance of the high-volume small-diameter fan 
according to the NOPR test procedure could lead to a consumer selecting 
a less-efficient product when choosing between a low-volume and high-
volume small-diameter ceiling fans based on NOPR test method results. 
Id. BAS suggested that all ceiling fans with blade spans less than or 
equal to seven feet be tested according to the same test method, based 
on DOE's current test procedure for ceiling fans, and ceiling fans with 
blade spans of more than seven feet be tested according to AMCA 230. 
(BAS, Public Meeting Transcript, No. 5 at p. 64) Emerson Electric 
Company (Emerson), Westinghouse Lighting (Westinghouse), Hunter Fan 
Company (Hunter), Fanimation, and Minka Group all agreed with BAS' 
suggestion. Furthermore, the American Lighting Association (ALA) stated 
that manufacturers are more familiar with the ENERGY STAR test 
procedure and prefer it for measuring the performance of all ceiling 
fans with blade spans less than or equal to seven feet. (ALA, No. 8 at 
pp. 7-8) In particular, ALA expressed concern about the repeatability 
and test burden associated with load-cell testing of high-volume 
ceiling fans with blade spans less than or equal to seven feet (as 
required in AMCA 230). (Id.)
---------------------------------------------------------------------------

    \1\ A notation in this form provides a reference for information 
that is in the docket of DOE's rulemaking to develop test procedures 
for ceiling fans (Docket No. EERE-2013-BT-TP-0050), which is 
maintained at www.regulations.gov. This notation indicates that the 
statement preceding the reference is document number 5 in the docket 
for the ceiling fan and ceiling fan light kits energy conservation 
standards rulemaking and appears at pages 63-64 of that document.
---------------------------------------------------------------------------

    DOE recognizes the concerns put forth by BAS et al. According to 
ALA, manufacturers are already accustomed to testing ceiling fans with 
blade spans less than or equal to seven feet according to the current 
ENERGY STAR test procedure which, along with the current DOE test 
procedure and the test procedures proposed in the NOPR for low-volume 
ceiling fans, is based on ``Energy Star Testing Facility Guidance 
Manual: Building a Testing Facility and Performing the Solid State Test 
Method for ENERGY STAR Qualified Ceiling Fans, Version 1.1.'' DOE 
prefers to harmonize with the accepted industry test procedures where 
appropriate. Proposing test procedures for high-volume small-diameter 
ceiling fans based on the test procedures proposed in the NOPR for low-
volume ceiling fans is more consistent with this objective.
    In the NOPR, DOE proposed a different test procedure for all high-
volume ceiling fans (including those with blade spans less than or 
equal to seven feet) in part because some large-diameter ceiling fans 
(i.e., those ceiling fans with blade spans greater than seven feet) are 
too large to be tested in current low-volume ceiling fan test 
facilities, and testing with a single load cell is more practical than 
testing with numerous air velocity sensors for large-diameter fans. For 
ceiling fans with blade spans less than or equal to seven feet, 
however, these experimental concerns are significantly less compelling. 
In the NOPR, DOE assumed that high-volume small-diameter and high-
volume large-diameter ceiling fans were substitutes for one another 
(for example an array of high-volume small-diameter ceiling fans 
substituting for a single high-volume large diameter ceiling fan) and 
proposed the same test procedure for all high-volume ceiling fans to 
allow for comparison. Feedback from stakeholders indicates that 
industry practice is to use an ENERGY STAR style test procedure for 
high-volume small-diameter ceiling fans and that high-volume small-
diameter ceiling fans may be substitutes for low-volume ceiling fans. 
Consequently, DOE agrees with interested parties that a test procedure 
for high-volume small-diameter fans based on the NOPR test procedure 
for low-volume ceiling fans would be more appropriate.
    Therefore, DOE proposes to test all ceiling fans with blade spans 
less than or equal to seven feet according to the low-volume ceiling 
fan test procedures proposed in the NOPR, except that, as in the NOPR, 
high-volume small-diameter ceiling fans would be tested at only high 
speed while low-volume ceiling fans would be tested at both high and 
low speed. A further modification to the NOPR test procedure for low-
volume ceiling fans and high-volume small-diameter ceiling fans is 
discussed in section III.C. High-volume small-

[[Page 31490]]

diameter ceiling fans would be tested at only high speed because, as 
discussed in the NOPR, high-volume small-diameter ceiling fans 
typically do not have discrete speeds so speeds other than high may not 
be well defined. Additionally, DOE does not have enough information to 
estimate a distribution of time spent at speeds other than high speed 
for the efficiency metric for high-volume small diameter ceiling fans.

C. Mount All Ceiling Fans With Blade Spans Less Than or Equal to Seven 
Feet to the Real Ceiling for Testing

    In the NOPR, DOE proposed to mount all low-volume ceiling fans to a 
false ceiling for testing. Using an adjustable-height false ceiling 
would allow the air velocity sensor height to remain constant, while 
the ceiling fan mounting height could be adjusted to obtain the 
required distance between the bottom of the ceiling fan blades and the 
air velocity sensors. The NOPR proposal was based on an assumption that 
mounting the ceiling fans to an adjustable-height false ceiling for 
testing would be less burdensome than adjusting the height of the air 
velocity sensors.
    In response to the NOPR, at the November 2014 public meeting, BAS 
presented test results indicating a decrease in measured efficiency 
performance when a ceiling fan is mounted to a false ceiling rather 
than a real ceiling. (BAS, Public Meeting Transcript, No. 5 at pp. 125-
126) BAS also stated that testing with the ceiling fan mounted to a 
real ceiling is more representative of actual use, and Fanimation and 
Minka Group agreed with Big Ass Solution's comments. (Id.; Fanimation, 
Public Meeting Transcript, No. 5 at p. 129; Minka Group, Public Meeting 
Transcript, No. 5 at p. 129) In regard to test burden, BAS indicated 
that keeping the false ceiling level and in correct position during 
testing is more burdensome than adjusting the height of the air 
velocity sensors. (BAS, Public Meeting Transcript, No. 5 at p. 131) 
Hunter Fan Company suggested that their lab uses a different air 
velocity sensor mounting system, and therefore it could be more 
burdensome to adjust the height of the air velocity sensors. (Hunter 
Fan Company, Public Meeting Transcript, No. 5 at p. 131)
    DOE agrees with BAS that testing with the ceiling fan mounted to 
the real ceiling is more representative of actual use. DOE further 
acknowledges the concerns put forth by BAS--and the potential 
counterpoint provided by Hunter Fan Company--and has reviewed the 
proposal to mount all low-volume and high-volume small-diameter ceiling 
fans to a false ceiling during testing. DOE reviewed the data provided 
by BAS and noted a decrease in airflow efficiency of approximately 10% 
across the range of speeds tested when testing with a false ceiling 
rather than the real ceiling compelling. Additionally, DOE received 
test cost estimates from two test labs that show that testing with a 
false ceiling may be more financially burdensome than testing with the 
ceiling fan mounted to the real ceiling and adjusting the height of the 
air velocity sensors. The cost estimates received indicate a cost of 
$600-$1,800 for testing with a false ceiling, as opposed to $725-$1,500 
for testing with the real ceiling. The minimum expected cost for 
testing with a real ceiling is higher than for testing with a false 
ceiling due to the one-time cost associated with implementing a change 
to the experimental set up to allow for the adjustment of the height of 
the air velocity sensors. The average variable test costs for testing 
with the real ceiling, however, are lower compared to testing with a 
false ceiling. DOE approximates the fixed costs for the one-time 
modification to be $2000 or less. DOE expects that test labs will be 
able to amortize the fixed costs over many tests. Consequently, the 
total average costs for testing with the real ceiling are lower than 
testing with a false ceiling.
    Therefore, DOE proposes to mount all ceiling fans with blade spans 
less than or equal to seven feet to the real ceiling, rather than a 
false ceiling, for testing. DOE also clarifies that with this proposal 
to mount the ceiling fan to the real ceiling, the height of the air 
velocity sensors must be adjusted to achieve the specified vertical 
distance (43 inches) between the bottom of the fan blades and the air 
velocity sensor heads for each mounting configuration in which the 
ceiling fan is tested.

D. Test Ceiling Fans With Blade Spans Greater Than Seven Feet at Five 
Speeds

    DOE proposed to test all high-volume ceiling fans--regardless of 
blade span--at high speed in the NOPR. DOE proposed testing only at a 
single speed because high-volume ceiling fans are often equipped with a 
speed controller that is continuously adjustable rather than having 
discrete speeds (e.g., low, medium, and high). In response to the NOPR 
proposal, DOE received several comments from stakeholders. MacroAir and 
the AMCA Committee indicated that an upcoming revision of AMCA 230 
would contain a requirement to test at five speeds (20%, 40%, 60%, 80%, 
and 100% of the maximum achievable speed) and suggested DOE harmonize 
with this approach. (MacroAir, No. 6 at p. 5; AMCA, No. 84 \2\ at pp. 
2-3) MacroAir also suggested that the overall efficiency of the ceiling 
fan should be calculated by taking performance data at each of the five 
speeds and then calculating a weighted average of those data based on 
the estimated operating hours at each speed. Id.
---------------------------------------------------------------------------

    \2\ This document was submitted to the docket of DOE's 
rulemaking to develop energy conservation standards for ceiling fans 
(Docket No. EERE-2012-BT-STD-0045).
---------------------------------------------------------------------------

    DOE believes it is preferable to align the DOE ceiling fan test 
procedure with the accepted industry test procedures--in this case AMCA 
230--as much as possible. DOE also notes that testing at five speeds 
rather than just at high speed may provide a more holistic 
representation of a ceiling fan's performance over a range of service 
levels, which may in turn facilitate easier comparisons for consumers. 
Finally, MacroAir supported testing at five speeds. (MacroAir, No. 6 at 
p. 6) Given these points, DOE proposes in this SNOPR to test all 
ceiling fans with blade spans greater than seven feet at five equally-
spaced speeds: 20%, 40%, 60%, 80%, and 100% of the rpm of the maximum 
achievable speed. DOE clarifies that these speed settings are to be 
based on actual rpm measurements, and also notes that this proposal has 
no effect on ceiling fans with blade spans less than or equal to seven 
feet, as set forth in III.B.
    DOE is unaware of any ceiling fan with blade span greater than 
seven feet in diameter that does not have a speed controller that is 
continuously adjustable. DOE seeks comment and information on whether 
there are any ceiling fans with blade spans greater than seven feet for 
which the proposed test procedure in this SNOPR could not be applied 
(i.e., any ceiling fans larger than seven feet in diameter that could 
not achieve the five speeds specified).
    The equation and daily operating hours proposed in the NOPR to 
calculate the efficiency of ceiling fans larger than seven feet in 
diameter would need to be updated to enable testing these fans at five 
speeds. In the NOPR, DOE proposed the following efficiency equation for 
all high-volume ceiling fans to be tested at only high speed:

[[Page 31491]]

[GRAPHIC] [TIFF OMITTED] TP03JN15.002

Where:

CFMH = airflow at high speed,
OHA = operating hours in active mode,
WH = power consumptionat high speed.
OHSb = operating hours in standby mode, and
WSb = power consumption in standby mode

    Based on the proposal to test all ceiling fans with blade spans 
greater than seven feet at five speed settings, DOE proposes to use the 
following equation to calculate the weighted ceiling fan efficiency for 
these ceiling fans:
[GRAPHIC] [TIFF OMITTED] TP03JN15.003

Where:

CFMi = airflow at speed
OHi = operating hours at speed
Wi = power consumption at speed
OHsb = operating hours in standby mode, and
Wsb = power consumption in standby mode.

    The daily operating hours at each of the five speeds are an input 
to this equation. In the NOPR, DOE proposed the following daily 
operating hours for all high-volume ceiling fans: 12 hours of active 
mode and 12 hours of non-active mode. In response to the proposed 
operating hours, MacroAir and BAS separately provided breakdowns of 
daily operating hours for large-diameter ceiling fans by speed setting 
(Table 1). (MacroAir, No. 6 at p. 5; BAS, No. 88 \3\ at pp. 37, 39).
---------------------------------------------------------------------------

    \3\ This document was submitted to the docket of DOE's 
rulemaking to develop energy conservation standards for ceiling fans 
(Docket No. EERE-2012-BT-STD-0045).

                         Table 1--Manufacturer-Suggested Daily Operating Hours by Speed Setting for Large-Diameter Ceiling Fans
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Daily operation by speed setting (h)
                      Manufacturer                       -----------------------------------------------------------------------------------------------
                                                              100%          80%           60%          40%          25%          20%        Off/Standby
--------------------------------------------------------------------------------------------------------------------------------------------------------
MacroAir................................................           3              4           6              4  ...........            1               6
Big Ass Solutions.......................................           0.6            3           1.2  ...........          7.2  ...........              12
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In their comments, BAS did not provide this breakdown in daily 
operating hours explicitly; instead, BAS presented an alternative hours 
of use analysis in which they presented annual hours of operation at 
each of four speeds. In this alternative analysis, BAS did not alter 
DOE's proposed 12 hours of active use per day, so DOE assumes BAS 
agreed with this value.
    To account for both daily operating hours breakdowns, DOE 
calculated a simple average of the proposed operating hours by speed 
setting (in calculating this average, DOE mapped the 7.2 h at 25% speed 
suggested by BAS to the 20% speed setting). Using this simple average, 
DOE proposes in this SNOPR to use the daily operating hours in Table 2 
for all ceiling fans with blade spans greater than seven feet for use 
in the efficiency calculation.

  Table 2--Daily Operating Hours by Speed Setting for Ceiling Fans With
                   Blade Spans Greater Than Seven Feet
------------------------------------------------------------------------
                                                        No        With
                      Setting                        standby    standby
------------------------------------------------------------------------
100% (Max) Speed..................................        1.8        1.8
80% Speed.........................................        3.5        3.5
60% Speed.........................................        3.6        3.6
40% Speed.........................................        2.0        2.0
20% Speed.........................................        4.1        4.1
Standby Mode......................................        0.0        9.0
Off Mode..........................................        9.0        0.0
------------------------------------------------------------------------

E. Update Test Room Dimensions for Ceiling Fans With Blade Spans 
Greater Than Seven Feet

    In the NOPR, DOE proposed to test all high-volume ceiling fans, 
including ceiling fans larger than seven feet in diameter, using a test 
procedure based on AMCA 230-12. Because AMCA 230-12 is only applicable 
to ceiling fans with blade spans of six feet or less, DOE proposed to 
modify the specified room dimensions to allow for the testing of larger 
ceiling fans. The NOPR proposed a test procedure with the following 
modifications to the room dimensions in AMCA 230-12: (1) The minimum 
distance between the ceiling and the blades of a ceiling fan being 
tested is 44 inches for all blade diameters, (2) ceiling fans larger 
than 6 feet in diameter must have a 20 foot clearance between the floor 
and the blades of the fan being tested, and (3) for ceiling fans larger 
than 6 feet in diameter, the minimum distance between the centerline of 
a ceiling fan being tested and walls and large obstructions all around 
is half the ceiling fan blade span plus 10 feet.
    BAS stated during the public meeting that AMCA 230 is currently 
being revised and suggested that the test room dimensions proposed by 
DOE and the updated version of AMCA 230 be harmonized. (BAS, Public 
Meeting Transcript, No. 5 at pp. 141-142) BAS specifically disagreed 
with the proposed clearance above the ceiling fan blades. (BAS, Public 
Meeting Transcript, No. 5 at p. 143) Westinghouse did not comment on 
the clearance height above the ceiling fan blades, but did express 
acceptance of the ten feet of lateral clearance from the fan blade tips 
that DOE proposed. (Westinghouse, Public Meeting Transcript, No. 5 at 
p. 144)
    AMCA has yet to release the updated version of AMCA 230, but the 
test room

[[Page 31492]]

dimensions currently being considered by the AMCA Committee for the 
updated standard have been made publicly available. The AMCA Committee 
is currently considering the following test room dimensions for the 
updated standard: (1) Minimum distance between the ceiling and the 
blades of a ceiling fan being tested shall be 40% of the ceiling fan 
blade span; (2) Minimum distance between the floor and the blades of 
the fan shall be the larger of 80% of the ceiling fan blade span or 15 
feet; and (3) Minimum distance between the centerline of a ceiling fan 
and walls and/or large obstructions is 150% of the ceiling fan blade 
span. (AMCA, No. 84 \4\ at p. 2)
---------------------------------------------------------------------------

    \4\ This document was submitted to the docket of DOE's 
rulemaking to develop energy conservation standards for ceiling fans 
(Docket No. EERE-2012-BT-STD-0045).
---------------------------------------------------------------------------

    DOE considered whether the room dimension requirements expected to 
be included in the updated version of AMCA 230 would limit any 
manufacturers' access to a test facility large enough to meet the 
proposed test procedure requirements. DOE notes that, for ceiling fans 
with blade spans greater than or equal to 10 feet, the minimum distance 
between the ceiling and the top of the blades and the minimum distance 
between the centerline of the ceiling fan and walls or large 
obstructions is greater for the dimensions suggested by MacroAir and 
the AMCA Committee than for the dimensions proposed in the NOPR. 
However, DOE does not believe that access to test facilities for 
ceiling fan manufacturers is significantly decreased by the increased 
test room dimensions proposed in this SNOPR relative to the test room 
dimensions proposed in the NOPR. Therefore, this SNOPR proposes that 
the test room dimensions for ceiling fans with blade spans larger than 
seven feet meet the following criteria: (1) Minimum distance between 
the ceiling and the blades of a ceiling fan being tested shall be 40% 
of the ceiling fan blade span; (2) Minimum distance between the floor 
and the blades of the fan shall be the larger of 80% of the ceiling fan 
blade span or 15 feet; and (3) Minimum distance between the centerline 
of a ceiling fan and walls and/or large obstructions is 150% of the 
ceiling fan blade span. DOE intends to review the final published 
version of AMCA 230 when it is available. If the test room dimensions 
specified in the final version are identical in substance to the test 
procedure test room requirements DOE has proposed for high-volume 
ceiling fans, DOE will consider incorporating AMCA 230 by reference in 
the rule. Alternatively, DOE may also decide to incorporate it by 
reference, but with modifications. DOE notes that in accordance with 
the proposal in section III.B of this SNOPR, the room dimensions would 
only apply to ceiling fans with blade spans greater than seven feet.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, ``Regulatory 
Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
regulatory action was not subject to review under the Executive Order 
by the Office of Information and Regulatory Affairs (OIRA) in the 
Office of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a regulatory flexibility analysis (RFA) for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (Aug. 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 (Feb. 19, 
2003)). DOE has made its procedures and policies available on the 
Office of the General Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act (RFA) and the policies and procedures 
published on February 19, 2003. The proposed rule prescribes test 
procedure amendments that would be used to determine compliance with 
any amended energy conservation standards that DOE may prescribe for 
ceiling fans. DOE has prepared an initial regulatory flexibility 
analysis (IRFA) for this rulemaking. The IRFA describes potential 
impacts on small businesses associated with ceiling fan testing 
requirements. DOE seeks comment on the discussion below and will 
develop a final regulatory flexibility analysis (FRFA) for any final 
test procedures developed in this test procedure rulemaking.
    DOE has transmitted a copy of this IRFA to the Chief Counsel for 
Advocacy of the Small Business Administration for review.
    (1) Description of the reasons why action by the agency is being 
considered.
    A description of the reasons why DOE is considering this test 
procedure is provided elsewhere in the preamble and not repeated here.
    (2) Succinct statement of the objectives of, and legal basis for, 
the proposed rule.
    The objectives of and legal basis for the proposed rule are stated 
elsewhere in the preamble and not repeated here.
    (3) Description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply.
    For the manufacturers of the covered ceiling fan products, the 
Small Business Administration (SBA) has set a size threshold, which 
defines those entities classified as ``small businesses'' for the 
purposes of the statute. DOE used the SBA's small business size 
standards to determine whether any small entities would be subject to 
the requirements of the rule. 13 CFR part 121. The size standards are 
listed by North American Industry Classification System (NAICS) code 
and industry description and are available at: http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf. Ceiling fan manufacturing 
is classified under NAICS code 335210, ``Small Electrical Appliance 
Manufacturing'' or NAICS code 333412, ``Industrial and Commercial Fan 
and Blower Manufacturing.'' The SBA sets a threshold for NAICS 
classification for 335210 and 333412 of 750 employees or less and 500 
employees or less, respectively.\5\ DOE reviewed ALA's list of ceiling 
fan manufacturers,\6\ the ENERGY STAR Product Databases for Ceiling 
Fans,\7\ the California Energy Commission's Appliance Database for 
Ceiling Fans,\8\ and the Federal Trade Commission's Appliance Energy

[[Page 31493]]

Database for Ceiling Fans.\9\ Based on this review, using data on the 
companies for which DOE was able to obtain information on the numbers 
of employees, DOE estimates that there are between 25 and 35 small 
business manufacturers of low-volume ceiling fans. To determine the 
number of small business manufacturers of high-volume ceiling fans, DOE 
reviewed SBA's Web site, high-volume ceiling fan manufacturers Web 
sites, and company reports from Hoovers.com, in addition to speaking 
with industry experts. Based on this review, DOE estimates that there 
are between 5 and 10 small business manufacturers of high-volume small-
diameter ceiling fans and DOE estimates there are between 10 and 15 
small business manufacturers of high-volume large-diameter fans. DOE 
invites interested parties to comment on the estimated number of small 
business manufacturers of ceiling fans.
---------------------------------------------------------------------------

    \5\ U.S. Small Business Administration, Table of Small Business 
Size Standards (August 22, 2008) (Available at: http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf).
    \6\ The American Lighting Association, list of Manufacturers & 
Representatives (Available at: http://www.americanlightingassoc.com/Members/Resources/Manufacturers-Representatives.aspx).
    \7\ The U.S. Environmental Protection Agency and the U.S. 
Department of Energy, ENERGY STAR Ceiling Fans--Product Databases 
for Ceiling Fans (Available at: http://www.energystar.gov/products/certified-products/detail/ceiling-fans).
    \8\ The California Energy Commission, Appliance Database for 
Ceiling Fans (Available at: http://www.appliances.energy.ca.gov/QuickSearch.aspx).
    \9\ The Federal Trade Commission, Appliance Energy Databases for 
Ceiling Fans (Available at: http://www.ftc.gov/bcp/conline/edcams/eande/appliances/ceilfan.htm).
---------------------------------------------------------------------------

    (4) Description of the projected compliance requirements of the 
proposed rule.
    In the test procedure NOPR, DOE proposed to reinterpret the 
statutory definition of a ceiling fan to include hugger ceiling fans. 
DOE also proposed that high-volume fans meet the definition of a 
ceiling fan. The proposed changes in interpretation of the ceiling fan 
definition discussed above would result in the applicability of the 
design standards set forth in EPCA at 42 U.S.C. 6295(ff)(1) to the 
following types of fans 30 days after the publication of any final test 
procedure adopting such changes in interpretation:
    1. Fans suspended from the ceiling using a downrod or other means 
of suspension such that the fan is not mounted directly to the ceiling;
    2. Fans suspended such that they are mounted directly or close to 
the ceiling;
    3. Fans sold with the option of being suspended with or without a 
downrod; and
    4. Fans capable of producing large volumes of airflow.
    DOE research indicates that all ceiling fans currently on the 
market, including hugger ceiling fans and high-volume ceiling fans, 
appear to meet the EPCA design standards. DOE conducted an analysis of 
Hansen Wholesale, an online wholesaler that sells over 2000 models of 
ceiling fans, including a wide variety of ceiling fan brands. Hansen 
Wholesale provides product specifications on its Web site, including 
the number of speeds and whether a ceiling fan is reversible. DOE 
examined all of the ceiling fans that were self-identified as hugger 
ceiling fans and found that they all had fan controls separate from 
lighting controls, were capable of being operated at more than one 
speed, and were capable of being operated in reverse.
    For high-volume ceiling fans, DOE searched for product 
specifications on the Web sites of manufacturers of high-volume large-
diameter ceiling fans and from Web sites of retailers of high-volume 
small-diameter ceiling fans. Only one high-volume ceiling fan model was 
found with a light kit, and the fan controls were separate from the 
lighting controls for that fan. All high-volume ceiling fans appeared 
to be capable of operating at more than one speed (typically with an 
adjustable speed control). High-volume ceiling fans are primarily sold 
for industrial purposes and are therefore not subject to the 
requirement to be capable of operating in reverse.
    Based on this research, DOE does not expect any cost of complying 
with the design requirements for manufacturers of hugger or high-volume 
ceiling fans.
    DOE proposes measures to limit the burden of testing on all 
manufacturers, including small business manufacturers, while providing 
a representative measurement of ceiling fan efficiency for consumers. 
Low-volume ceiling fans (excluding hugger fans) are currently required 
to test at high speed due to FTC's labeling requirement for ceiling 
fans. As discussed in more detail in the TP NOPR, DOE proposed to 
specify that low speed is to be tested as well as high speed to have a 
test procedure that is representative of typical use. DOE estimates 
that the cost to test at low speed, in addition to high speed, 
represents an average additional cost of $87.5 (or $175 per basic 
model) above the high-speed test cost.
    DOE notes that if the concurrent rulemaking regarding energy 
conservation standards for ceiling fans results in efficiency 
performance standards, DOE would require testing for certification of 
two ceiling fans per basic model, the minimum sample size required by 
10 CFR 429.11. To determine the potential cost of the proposed test 
procedure on small ceiling fan manufacturers under a potential energy 
conservation standard for ceiling fans, DOE estimated the cost of 
testing two ceiling fans. The cost of testing was then multiplied over 
the estimated number of basic models produced by a small manufacturer. 
The estimated cost of testing is discussed in further detail below.
    In the test procedure NOPR, DOE proposed to: (1) Reinterpret the 
statutory definition of a ceiling fan such that it would include hugger 
ceiling fans; the proposed test method for hugger ceiling fans would be 
the same as the proposed test method for all other low volume ceiling 
fans; (2) clarify that low-volume ceiling fans should be tested at low 
and high speeds; (3) eliminate the requirement to use a test cylinder; 
and (4) add a test method for power consumption in standby mode.
    In this SNOPR, DOE proposes to: (1) Not require testing of a 
ceiling fan if the plane of rotation of the ceiling fan's blades cannot 
be within 45 degrees of horizontal; (2) test high-volume small-diameter 
ceiling fans based on the current DOE ceiling fan test procedure; (3) 
require all ceiling fans with blade spans less than or equal to seven 
feet be mounted directly to the real ceiling during testing; (4) 
increase the number of speeds at which ceiling fans with blade spans 
greater than seven feet are tested, and also clarify the weighting 
associated with each speed in the energy efficiency metric; and (5) 
update the test room dimensions for all ceiling fans with blade spans 
greater than seven feet.
    DOE estimated the cost to test a low-volume ceiling fan based on 
estimates from third-party testing facilities of the cost to perform 
the current ENERGY STAR test procedure for ceiling fans, which is 
similar to DOE's proposed test procedure, and the changes in cost 
associated with the key differences between the two test procedures. 
DOE's proposed test procedure for low-volume ceiling fans differs from 
the current ENERGY STAR test procedure in that it (1) requires testing 
at only two fan speeds instead of three, (2) requires mounting the 
ceiling fan to the real ceiling, (3) does not require the use of a test 
cylinder, (4) requires less warm up time before testing at low speed, 
(5) requires adjusting the height of the air velocity sensors, and (6) 
requires standby-mode testing.
    In aggregate, DOE estimates that these differences will result in a 
lower test cost for the proposed DOE test procedure for low-volume 
ceiling fans when compared to the ENERGY STAR test procedure for 
ceiling fans. Testing at only two speeds instead of three yields a 
total test time that is approximately 35 minutes shorter than the 
ENERGY STAR test procedure. The proposed test procedure would also 
require mounting ceiling fans to the real ceiling, which would involve 
a one-time lab cost for a mechanism that allows for the adjustment of 
the height of the air velocity sensors to keep the distance

[[Page 31494]]

between the bottom of the fan blades and the air velocity sensor heads 
at a specified vertical distance (43 inches). Based on the materials 
employed and test quotes from third-party labs, DOE estimates the one-
time cost to construct a mechanism to allow for the adjustment of the 
height of the air velocity sensors is less than $2000. Once the 
mechanism is constructed, it can be used to test all low-volume ceiling 
fans, and therefore would not add substantial test cost thereafter.
    DOE's proposed test procedure, which would not require use of a 
test cylinder, also eliminates any potential costs associated with 
purchasing new test cylinders. If the test procedure required the use 
of test cylinders, then a new cylinder would be necessary to test any 
ceiling fan with a diameter that does not correspond to one of the 
cylinders in a test lab's existing inventory. Based on discussions with 
third-party testing facilities, DOE estimates that new test cylinders 
would cost approximately $2000-3000 per cylinder. By not using a 
cylinder, these costs will be avoided. Not requiring a test cylinder 
also shortens the test time of DOE's proposed test procedure relative 
to ENERGY STAR's test procedure for all low-volume ceiling fans, 
because time is not required to put a test cylinder in place for each 
test (estimated to take 15 minutes). Additionally, DOE's proposed test 
procedure only requires 15 minutes of warm up time before testing at 
low speed compared to 30 minutes in the ENERGY STAR test procedure, 
further reducing the relative amount of time required for DOE's 
proposed test procedure by 15 minutes. In total, DOE estimates that the 
typical time to perform the proposed test procedure will be shorter by 
65 minutes compared to ENERGY STAR's test procedure.
    The test procedure NOPR proposed to add a requirement for standby-
mode testing for ceiling fans with standby functionality. A study 
performed by Lawrence Berkeley National Laboratory found that 7.4% of 
low-volume ceiling fans have standby capability.\10\ Using the quotes 
provided by third-party testing facilities, DOE estimates that the 
standby test for all ceiling fans with standby functionality will cost 
$200 per basic model.
---------------------------------------------------------------------------

    \10\ Kantner, C. L. S., S. J. Young, S. M. Donovan, and K. 
Garbesi. Ceiling Fan and Ceiling Fan Light Kit Use in the U.S.--
Results of a Survey on Amazon Mechanical Turk. 2013. Lawrence 
Berkeley National Laboratory: Berkeley, CA. Report No. LBNL-6332E. 
http://www.escholarship.org/uc/item/3r67c1f9.
_____________________________________-

    Based on all of the differences between the test procedure proposed 
and the ENERGY STAR test procedure, and estimates from third-party 
testing facilities of the labor costs associated with these 
differences, DOE estimates that the test procedure proposed for 
standard, hugger and multi-head ceiling fans will cost $1500 on average 
per basic model, once the mechanism for the adjustment of the height of 
the air velocity sensors is constructed. Therefore, DOE estimates that 
the total weighted average test cost for the proposed test procedure 
and standby testing for standard, hugger and multi-head ceiling fans 
will be $1515. For multi-mount ceiling fans, DOE estimates that the 
test cost will be approximately double the cost for standard, hugger 
and multi-head ceiling fans.
    For the approximately 25-35 small business manufacturers of low-
volume ceiling fans that DOE identified, the number of basic models 
produced per manufacturer varies significantly from one to 
approximately 80. DOE notes that standard, hugger and multi-head 
ceiling fans represent about 95% of basic models for low-volume ceiling 
fans and multi-mount ceiling fans represent about 5% of basic models 
for low-volume ceiling fans. Therefore, based on the test cost per 
ceiling fan basic model, the weighted average testing cost in the first 
year would range from approximately $1515 to $127,243 for small 
manufacturers of ceiling fans. DOE expects this cost to be lower in 
subsequent years because only new or redesigned ceiling fan models 
would need to be tested.
    The proposed test method for ceiling fans with blade span less than 
or equal to seven feet is also applicable to high-volume small-diameter 
ceiling fans. The key differences between the proposed test method for 
low-volume ceiling fans and high-volume small-diameter ceiling fans are 
that high-volume small-diameter ceiling fans require testing at only 
one fan speed instead of two speeds. DOE estimates that the test costs 
for high-volume small-diameter fans are reduced by $175 per basic model 
due to testing at one speed. Therefore a typical test for a single-
headed high-volume small-diameter ceiling fan would cost approximately 
$1325 per basic model. DOE did not find accurate data on the percentage 
of high-volume small-diameter fans with standby capability, though DOE 
located some high-volume small-diameter fans without standby capability 
in web searches. To provide a conservative cost estimate, DOE made the 
assumption that all high-volume small-diameter fans should be tested 
for standby power. DOE estimates that the total test cost for the 
proposed test procedure and standby testing for a single-headed high-
volume small-diameter ceiling fans will be $1525.
    For the approximately 10-15 small business manufacturers of high-
volume small-diameter ceiling fans that DOE identified, the number of 
basic models produced per manufacturer varies significantly from one to 
approximately 30. Therefore, based on the test cost per ceiling fan 
basic model, the testing cost in the first year would range from 
approximately $1525 to $45,750 for small manufacturers of high-volume 
small-diameter ceiling fans. DOE expects this cost to be lower in 
subsequent years because only new or redesigned ceiling fan models 
would need to be tested.
    DOE estimated the cost to test a high-volume large-diameter ceiling 
fan based on discussions with testing facilities capable of performing 
the AMCA 230 test procedure as well as cost estimates based on the time 
and labor costs necessary to perform the proposed test procedure on 
high-volume large-diameter ceiling fans. DOE estimates that the one-
time cost for a lab to buy a load-cell, a fabricated load-cell frame, 
power meter, and one air velocity sensor is approximately $4500. DOE 
estimates that the test procedure proposed in this SNOPR for high-
volume large-diameter ceiling fans will cost manufacturers on average 
$7500 per basic model. Hence, DOE estimates that the total test cost 
for the proposed test procedure and standby testing for a high-volume 
large-diameter ceiling fans will be $7,700.
    For the approximately 5-10 small business manufacturers of high-
volume large-diameter ceiling fans that DOE identified, the number of 
basic models produced per manufacturer varies from one to 30. 
Therefore, based on the test cost per ceiling fan basic model, the 
testing cost in the first year would range from approximately $7700 to 
$231,000 for small manufacturers of high-volume large-diameter ceiling 
fans. DOE expects this cost to be lower in subsequent years because 
only new or redesigned ceiling fan models would need to be tested.
    DOE used company reports from Hoovers.com, information from 
manufacturers' Web sites and feedback from manufacturers to estimate 
the revenue for the small business manufacturers of low and high-volume 
ceiling fans identified. The median revenue of the small business 
manufacturers of low-volume ceiling fans is approximately $15M. 
Relative to the median revenue for a small business manufacturer, the 
total testing cost ranges from 0.01 percent to 0.85 percent of the 
median revenue. The median revenue of the small business manufacturers 
of high-volume small-

[[Page 31495]]

diameter ceiling fans is approximately $11M. Relative to the median 
revenue for a small business manufacturer of high-volume ceiling fans, 
the total testing cost ranges from 0.01 percent to 0.42 percent of the 
median revenue. The median revenue of the small business manufacturers 
of high-volume large-diameter ceiling fans is approximately $9M. 
Relative to the median revenue for a small business manufacturer of 
high-volume ceiling fans, the total testing cost ranges from 0.09 
percent to 2.6 percent of the median revenue.
    For both low and high-volume ceiling fans, DOE does not expect that 
small manufacturers would necessarily have fewer basic models than 
large manufacturers, because ceiling fans are highly customized 
throughout the industry. A small manufacturer could have the same total 
cost of testing as a large manufacturer, but this cost would be a 
higher percentage of a small manufacturer's annual revenues. DOE 
requests comments on its analysis of burden to small businesses for 
testing ceiling fans according to the proposed test procedure.
    (5) Relevant Federal rules which may duplicate, overlap or conflict 
with the proposed rule.
    DOE is not aware of any other Federal rules that would duplicate, 
overlap or conflict with the rule being proposed.
    (6) Description of any significant alternatives to the proposed 
rule.
    DOE considered a number of industry and governmental test 
procedures that measure the efficiency of ceiling fans to develop the 
proposed test procedure in this rulemaking. There appear to be two 
common approaches to testing ceiling fans: An approach based on using 
air velocity sensors to calculate airflow, such as the current DOE test 
procedure for ceiling fans, ENERGY STAR's test procedure, and CAN/CSA-
C814-10, and an approach based on using a load cell to measure thrust, 
such as AMCA 230.
    In principle, either approach could be used to measure the airflow 
efficiency of all ceiling fans, but maintaining consistency with 
industry practice would minimize test burden for all ceiling fan 
manufacturers. Though a load-cell based approach appears to be a 
potentially simpler method of estimating airflow efficiency, in 
industry, low-volume ceiling fans have historically been tested 
according to the air-velocity sensor based approach. High-volume large-
diameter ceiling fans, on the other hand, have historically been tested 
according to the load-cell based approach. It also appears to be cost-
prohibitive to scale up the air-velocity sensor based approach to the 
high-volume large-diameter ceiling fans currently on the market given 
the number of sensors that would be required to cover ceiling fans 24 
feet in diameter and the cost of constructing an appropriate rotating 
sensor arm.
    DOE seeks comment and information on any alternative test methods 
that, consistent with EPCA requirements, would reduce the economic 
impact of the rule on small entities. DOE will consider the feasibility 
of such alternatives and determine whether they should be incorporated 
into the final rule.

C. Review Under the Paperwork Reduction Act of 1995

    All collections of information from the public by a Federal agency 
must receive prior approval from OMB. DOE has established regulations 
for the certification and recordkeeping requirements for covered 
consumer products and industrial equipment. 10 CFR part 429, subpart B. 
Currently, the certification requirement for ceiling fans only 
addresses design standards.\11\ In an application to renew the OMB 
information collection approval for DOE's certification and 
recordkeeping requirements, DOE included an estimated burden for 
manufacturers of ceiling fans in case DOE ultimately issues a coverage 
determination and sets energy conservation standards for these 
products. OMB has approved the revised information collection for DOE's 
certification and recordkeeping requirements. 80 FR 5099 (January 30, 
2015). DOE estimated that it will take each respondent approximately 30 
hours total per company per year to comply with the certification and 
recordkeeping requirements based on 20 hours of technician/technical 
work and 10 hours clerical work to actually submit the Compliance and 
Certification Management System (CCMS) templates. This rulemaking would 
include recordkeeping requirements on manufacturers that are associated 
with executing and maintaining the test data for these products. DOE 
notes that the certification requirements would be established in a 
final rule establishing energy conservation standards for ceiling fans. 
DOE recognizes that recordkeeping burden may vary substantially based 
on company preferences and practices. DOE requests comment on this 
burden estimate.
---------------------------------------------------------------------------

    \11\ DOE collects fan performance information through its 
Compliance Certification Management System (CCMS) on behalf of the 
Federal Trade Commission (FTC); however, that data collection is 
covered under an OMB Control Number issued to FTC.
---------------------------------------------------------------------------

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for ceiling fans. DOE has determined that this 
rule falls into a class of actions that are categorically excluded from 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, this proposed rule would amend the existing test 
procedures without affecting the amount, quality, or distribution of 
energy usage, and, therefore, would not result in any environmental 
impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 
under 10 CFR part 1021, subpart D, which applies to any rulemaking that 
interprets or amends an existing rule without changing the 
environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), 
imposes certain requirements on Federal 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 (Mar. 14, 2000)). DOE has 
examined this proposed rule and has tentatively determined that it 
would not have a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. EPCA governs and prescribes Federal preemption of State 
regulations as to energy conservation for the products that are the 
subject of this proposed rule. States can petition DOE

[[Page 31496]]

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. Regarding the review required by section 3(a), 
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 tentatively determined that, 
to the extent permitted by law, the proposed 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 proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect them. On March 18, 1997, DOE published 
a statement of policy on its process for intergovernmental consultation 
under UMRA. (62 FR 12820 (Mar. 18, 1997)). (This policy is also 
available at http://energy.gov/gc/office-general-counsel.) DOE examined 
this proposed rule according to UMRA and its statement of policy and 
has tentatively determined that the rule contains neither an 
intergovernmental mandate, nor a mandate that may result in the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any year. 
Accordingly, no further assessment or analysis is required under UMRA.

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 rule would not have any impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is not 
necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    Pursuant to Executive Order 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights,'' 53 FR 
8859 (Mar. 18, 1988), DOE has determined that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

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 Federal agencies to review 
most disseminations of information to the public under information 
quality guidelines established by each agency pursuant to general 
guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 
(Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 
(Oct. 7, 2002). DOE has reviewed this proposed rule under the OMB and 
DOE guidelines and has concluded that it is consistent with applicable 
policies in those guidelines.

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 OIRA 
at OMB, a Statement of Energy Effects for any proposed significant 
energy action. A ``significant energy action'' is defined as any action 
by an agency that promulgates or is expected to lead to promulgation of 
a final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    This regulatory action to amend the test procedure for measuring 
the energy efficiency of ceiling fans is not a significant regulatory 
action under Executive Order 12866 or any successor order. 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 for this rulemaking.

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 et seq.), DOE must comply with all laws 
applicable to the former Federal Energy Administration, including 
section 32 of the Federal Energy Administration Act of 1974 (Pub. L. 
93-275), as amended by the Federal Energy Administration Authorization 
Act of 1977 (Pub. L. 95-70). (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

[[Page 31497]]

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 FTC concerning the impact of the 
commercial or industry standards on competition.
    This proposed rule would incorporate testing methods contained in 
the following commercial standard: ANSI/AMCA Standard 230-12, 
``Laboratory Methods of Testing Air Circulating Fans for Rating and 
Certification.'' The Department has evaluated this standard and is 
unable to conclude whether it fully complies with the requirements of 
section 32(b) of the FEAA, (i.e., that it was developed in a manner 
that fully provides for public participation, comment, and review). DOE 
will consult with the Attorney General and the Chairman of the FTC 
concerning the impact on competition of requiring manufacturers to use 
the test methods contained in this standard prior to prescribing a 
final rule.

M. Description of Material Incorporated by Reference

    In this SNOPR, DOE proposes to incorporate by reference the test 
standard published by ANSI/AMCA, titled ``Air Movement and Control 
Association Laboratory Methods of Testing Air Circulating Fans for 
Rating and Certification,'' ANSI/AMCA 230-12. ANSI/AMCA 230-12 is an 
industry accepted test standard that specifies test methods for ceiling 
fans with blade spans less than six feet (and other air circulating 
fans) and is applicable to products sold in North America. The test 
procedures proposed in this SNOPR reference ANSI/AMCA 230-12 for the 
test apparatus and instructions for testing ceiling fans, as specified 
in Section 3 (``Units of Measurement''), Section 4 (``Symbols and 
Subscripts''), Section 5 (``Definitions''), Section 6 (``Instruments 
and Methods of Measurement''), and Section 7 (``Equipment and Setups'') 
of ANSI/AMCA 230-12. ANSI/AMCA 230-12 is readily available on AMCA's 
Web site at http://www.amca.org/store/.
    DOE also proposes to incorporate by reference the test standard 
published by IEC, titled ``Household electrical appliances--Measurement 
of standby power,'' IEC 62301 (Edition 2.0). IEC 62301 is an industry 
accepted test standard that specifies methods for measuring the standby 
mode power of electrical products and is applicable to products sold in 
North America. The test procedures proposed in this SNOPR reference 
sections of IEC 62301 that address test conditions and procedures for 
measuring the standby mode power of ceiling fans capable of standby 
mode operation. IEC 62301 is readily available on IEC's Web site at 
http://webstore.iec.ch/.

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this SNOPR.
    Submitting comments via regulations.gov. The 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 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 regulations.gov cannot 
be claimed as CBI. Comments received through the Web site 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 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 regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to 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 mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are written in English, free of any defects or viruses, and not 
secured. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether

[[Page 31498]]

and why such items are customarily treated as confidential within the 
industry; (3) whether the information is generally known by or 
available from other sources; (4) whether the information has 
previously been made available to others without obligation concerning 
its confidentiality; (5) an explanation of the competitive injury to 
the submitting person which would result from public disclosure; (6) 
when such information might lose its confidential character due to the 
passage of time; and (7) why disclosure of the information would be 
contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    1. Instead of specifically defining ``air circulator'' and 
exempting air circulators from the test procedure, DOE proposes to not 
subject a ceiling fan to the test procedure if the plane of rotation of 
the ceiling fan's blades cannot be within 45 degrees of horizontal. DOE 
requests comment on this approach.
    2. DOE seeks comment on its proposal to test high-volume small-
diameter ceiling fans based on the low-volume ceiling fans test 
procedures proposed in the NOPR, with the distinction that high-volume 
small-diameter ceiling fans would be tested at only high speed.
    3. DOE seeks comment and any available data on average daily hours 
of use, fan speeds utilized, and fraction of time spent at each speed 
for high-volume small-diameter ceiling fans.
    4. DOE seeks comment on the percentage of high-volume small 
diameter ceiling fans that come with standby capability.
    5. DOE seeks comment on its proposal to mount all ceiling fans with 
blade spans less than or equal to seven feet to the real ceiling during 
testing.
    6. DOE seeks comment on its proposal to test all ceiling fans with 
blade spans greater than seven feet at five equally-spaced speeds, 
specifically 20%, 40%, 60%, 80% and 100% of maximum speed achievable. 
DOE also specifically seeks information on whether there are any 
ceiling fans with blade spans greater than seven feet for which the 
proposed test procedure in this SNOPR could not be applied (i.e., any 
ceiling fans larger than seven feet in diameter that could not achieve 
the five speeds specified).
    7. DOE seeks comment on the proposed daily hours of use for ceiling 
fans larger than seven feet in diameter.
    8. DOE seeks comment on its proposal to harmonize the test room 
dimensions for testing high-volume large-diameter ceiling fans with the 
dimensions expected to be set forth in an updated version of AMCA 230.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects

10 CFR Part 429

    Confidential business information, Energy conservation, Household 
appliances, Imports, Reporting and recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on May 26, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend parts 
429 and 430 of Chapter II, Subchapter D of Title 10, Code of Federal 
Regulations, as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.

0
2. Section 429.32 is amended by revising paragraph (a) to read as 
follows:


Sec.  429.32  Ceiling fans.

    (a) Determination of represented value. Manufacturers must 
determine the represented value, which includes the certified rating, 
for each basic model of ceiling fan by testing, in conjuction with the 
following sampling provisions:
    (1) The requirements of Sec.  429.11 are applicable to ceiling 
fans; and
    (2) For each basic model of ceiling fan selected for testing, a 
sample of sufficient size shall be randomly selected and tested to 
ensure that--
    (i) Any represented value of the efficiency or airflow shall be 
less than or equal to the lower of:
    (A) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TP03JN15.004
    
And x is the sample mean; n is the number of samples; and xi 
is the ith sample; or

    (B) The lower 90 percent confidence limit (LCL) of the true mean 
divided by 0.9, where:
[GRAPHIC] [TIFF OMITTED] TP03JN15.005

And x is the sample mean; s is the sample standard deviation; n is the 
number of samples; and t0.90 is the t statistic for a 90% 
one-tailed confidence interval with n-1 degrees of freedom (from 
Appendix A to this subpart); and


[[Page 31499]]


    (ii) Any represented value of the wattage shall be greater than or 
equal to the higher of:
    (A) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TP03JN15.006
    
And x is the sample mean; n is the number of samples; and xi 
is the ith sample; or

    (B) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.1, where:
[GRAPHIC] [TIFF OMITTED] TP03JN15.007

And x is the sample mean; s is the sample standard deviation; n is the 
number of samples; and t0.95 is the t statistic for a 95% 
one-tailed confidence interval with n-1 degrees of freedom (from 
Appendix A to this subpart).
* * * * *

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. 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
4. Section 430.2 is amended by adding the definitions for ``High-volume 
ceiling fan,'' ``Hugger ceiling fan,'' ``Low-volume ceiling fan,'' 
``Multi-mount ceiling fan,'' and ``Standard ceiling fan'' in 
alphabetical order to read as follows:


Sec.  430.2  Definitions.

* * * * *
    High-volume ceiling fan means a ceiling fan that:
    (1) Is greater than 7 feet in diameter; or
    (2) Has a blade thickness of less than 3.2 mm at the edge or a 
maximum tip speed that exceeds the threshold in the table in the 
definition of low-volume ceiling fan in this section and has a maximum 
airflow volume greater than 5,000 CFM.
* * * * *
    Hugger ceiling fan means a ceiling fan where the lowest point on 
the fan blades is no more than ten inches from the ceiling.
* * * * *
    Low-volume ceiling fan means a ceiling fan that:
    (1) Is less than or equal to 7 feet in diameter; and
    (2) Has a blade thickness greater than or equal to 3.2 mm at the 
edge and a maximum tip speed less than or equal to the limit in the 
table in this definition, or has a maximum airflow volume less than or 
equal to 5,000 CFM.

                               Low-Volume Ceiling Fans, 7 Feet or Less in Diameter
----------------------------------------------------------------------------------------------------------------
                                     Thickness (t) of edges of blades          Maximum speed at tip of blades
      Airflow direction       ----------------------------------------------------------------------------------
                                         mm                   inch                 m/s          feet per minute
----------------------------------------------------------------------------------------------------------------
Downward-only................  4.8 > t >= 3.2.......  3/16 > t >= 1/8.....               16.3              3,200
Downward-only................  t >= 4.8.............  t >= 3/16...........               20.3              4,000
Reversible...................  4.8 > t >= 3.2.......  3/16 > t >= 1/8.....               12.2              2,400
Reversible...................  t >= 4.8.............  t >= 3/16...........               16.3              3,200
----------------------------------------------------------------------------------------------------------------

* * * * *
    Multi-mount ceiling fan means a ceiling fan that can be mounted in 
both the standard and hugger ceiling fan configurations.
* * * * *
    Standard ceiling fan means a ceiling fan where the lowest point on 
the fan blades is more than ten inches from the ceiling.
* * * * *
0
5. Section 430.3 is amended by:
0
a. Adding paragraph (d)(20); and
0
b. Removing in paragraph (p)(4), ``and X to subpart B'' and adding in 
its place, ``U, and X to subpart B of this part''.
    The addition reads as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (d) * * *
    (20) ANSI/AMCA 230-12 (``AMCA 230''), Air Movement and Control 
Association Laboratory Methods of Testing Air Circulating Fans for 
Rating and Certification, approved February 22, 2012, IBR approved for 
appendix U to subpart B of this part.
* * * * *
0
6. Section 430.23 is amended by revising paragraph (w) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (w) Ceiling fans. The efficiency of a ceiling fan, expressed in 
cubic feet per minute per watt (CFM/watt), shall be measured in 
accordance with sections 2.3, 2.5, 2.6 and 3 of appendix U to this 
subpart.
* * * * *
0
7. Appendix U to subpart B of part 430 is revised to read as follows:

[[Page 31500]]

Appendix U to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Ceiling Fans

    Prior to [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN 
THE FEDERAL REGISTER], manufacturers must make any representations 
with respect to the energy use or efficiency of ceiling fans, except 
hugger ceiling fans, multi-mount ceiling fans in the hugger 
configuration, and high-volume ceiling fans, as defined in 10 CFR 
430.2 in accordance with the results of testing pursuant to this 
appendix or the procedures in appendix U as it appeared at 10 CFR 
part 430, subpart B, appendix U, in the 10 CFR parts 200 to 499 
edition revised as of January 1, 2015. On or after [DATE 180 DAYS 
AFTER DATE OF PUBLICATION OF THE FINAL RULE], manufacturers of 
ceiling fans must make any representations with respect to energy 
use or efficiency in accordance with the results of testing pursuant 
to this appendix.
    1. Definitions:
    1.1. Airflow means the rate of air movement at a specific fan-
speed setting expressed in cubic feet per minute (CFM).
    1.2. Ceiling fan efficiency means the ratio of the total airflow 
to the total power consumption, in units of cubic feet per minute 
per watt (CFM/W).
    1.3. High speed means the highest available ceiling fan speed.
    1.4. 20% speed means the ceiling fan speed at which the blade 
revolutions per minute (RPM) are measured to be 20% of the blade RPM 
measured at high speed.
    1.5. 40% speed means the ceiling fan speed at which the blade 
RPM are measured to be 40% of the blade RPM measured at high speed.
    1.6. 60% speed means the ceiling fan speed at which the blade 
RPM are measured to be 60% of the blade RPM measured at high speed.
    1.7. 80% speed means the ceiling fan speed at which the blade 
RPM are measured to be80% of the blade RPM measured at high speed.
    1.8. Low speed means the lowest available ceiling fan speed.
    1.9. Multi-head ceiling fan means a ceiling fan with more than 
one fan head, i.e., more than one set of rotating fan blades.
    1.10. Total airflow means the sum of the product of airflow and 
hours of operation at all tested speeds.
    2. General Instructions, Test Apparatus, and Test Measurement:
    General instructions apply to characterizing the energy 
performance of both low-volume and high-volume ceiling fans. The 
test apparatus and test measurement used to characterize energy 
performance depend on the ceiling fan's blade span and, if the blade 
span is less than or equal to seven feet, whether the ceiling fan is 
low-volume or high-volume. If the plane of rotation of a ceiling 
fan's blades is not less than or equal to 45 degrees from 
horizontal, or cannot be adjusted based on the manufacturer's 
specifications to be less than or equal to 45 degrees from 
horizontal, the ceiling fan is not subject to these test procedures.
    2.1. General instructions
    Record measurements at the resolution of the test 
instrumentation. Round off calculations to the same number of 
significant digits as the previous step. Round the final ceiling fan 
efficiency value to the nearest whole number as follows:
    2.1.1. A fractional number at or above the midpoint between the 
two consecutive whole numbers shall be rounded up to the higher of 
the two whole numbers; or
    2.1.2. A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    For multi-head ceiling fans, the effective blade span is the 
blade span of an individual fan head, if all fan heads are the same 
size. If the fan heads are of varying sizes, the effective blade 
span is the blade span of the largest fan head.
    2.2. Test apparatus for ceiling fans with a blade span less than 
or equal to seven feet:
    All instruments are to have tolerances within 1% of 
reading, except for the air velocity sensors, which should have 
tolerances within 5% of reading. Equipment is to be 
calibrated at least once a year to compensate for variation over 
time.
    2.2.1. Air Delivery Room Requirements
    The air delivery room dimensions are to be 20 0.75 
ft. x 20 0.75 ft. with an 11 0.75 ft. high 
ceiling. The control room shall be constructed external to the air 
delivery room.
    The ceiling shall be constructed of sheet rock or stainless 
plate. The walls shall be of adequate thickness to maintain the 
specified temperature and humidity during the test. The paint used 
on the walls, as well as the wall material, must be of a type that 
minimizes absorption of humidity and that keeps the temperature of 
the room constant during the test (e.g., oil-based paint).
    The room shall have no ventilation other than an air 
conditioning and return system used to control the temperature and 
humidity of the room. The construction of the room must ensure 
consistent air circulation patterns within the room. Vents must have 
electronically-operated damper doors controllable from a switch 
outside of the testing room.
    2.2.2. Equipment Set-Up
    Hang the ceiling fan to be tested directly from the ceiling, 
according to the manufacturer's installation instructions. All 
standard and hugger ceiling fans shall be hung in the fan 
configuration that minimizes the distance between the ceiling and 
the fan blades. Multi-mount fans shall be hung and tested in two 
configurations: In the configuration that meets the definition of a 
standard ceiling fan, while minimizing the distance the ceiling and 
the lowest part of the fan blades; and in the configuration that 
meets the definition of a hugger ceiling fan, while minimizing the 
distance between the ceiling and the lowest part of the fan blades.
    With the ceiling fan installed, adjust the height of the air 
velocity sensors to ensure the vertical distance between the lowest 
point on the ceiling fan blades and the air velocity sensors is 43 
inches.
    Either a rotating sensor arm or four fixed sensor arms can be 
used to take airflow measurements along four axes, labeled A-D. Axes 
A, B, C, and D are at 0, 90, 180, and 270 degree positions. Axes A-D 
can be designated either by using the four walls or four corners of 
the room. See Figure 1 of this appendix.

[[Page 31501]]

[GRAPHIC] [TIFF OMITTED] TP03JN15.008

    The amount of exposed wiring must be minimized. All sensor lead 
wires must be stored under the floor, if possible.
    The sensors shall be placed at exactly 4-inch intervals along a 
sensor arm, starting with the first sensor at the point where the 
four axes intersect. Do not touch the actual sensor prior to 
testing. Enough sensors shall be used to record air delivery within 
a circle 8 inches larger in diameter than the blade span of the 
ceiling fan being tested. A proper experimental set-up is shown in 
Figure 2 of this appendix.
[GRAPHIC] [TIFF OMITTED] TP03JN15.009


[[Page 31502]]


    Table 1 of this appendix shows the appropriate number of sensors 
needed per each of four axes (including the first sensor at the 
intersection of the axes) for each fan size.

 Table 1 to Appendix U to Subpart B of Part 430: Sensor Selection Guide
------------------------------------------------------------------------
                                                              Number of
                 Fan blade span * (inches)                     sensors
------------------------------------------------------------------------
36.........................................................            6
42.........................................................            7
44.........................................................            7
48.........................................................            7
52.........................................................            8
54.........................................................            8
56.........................................................            8
60.........................................................            9
72.........................................................           10
------------------------------------------------------------------------
* The fan sizes listed are intended simply to be illustrative and do not
  restrict which ceiling fan sizes can be tested.

    An RPM (revolutions per minute) meter, or tachometer, should be 
installed so that the RPM of the ceiling fan blades can be measured 
during testing.
    Use an RMS sensor capable of measuring power with an accuracy of 
1% to measure ceiling fan power consumption. Prior to 
testing, the test laboratory must verify the performance of the 
sensor and sensor software to be used during the test.
    2.2.3. Multi-Head Ceiling Fan Test Set-Up
    Multi-headed ceiling fans are to be hung from the ceiling such 
that one of the ceiling fan heads is directly over sensor 1 (i.e., 
at the intersection of axes A, B, C, and D). The distance between 
the lowest point on the fan blades of the centered fan head and the 
air velocity sensors is to be such that it is the same as for all 
other low-volume ceiling fans (see Figure 2 of this appendix). 
Switching on only the centered fan head, the airflow measurements 
are to be made in the same manner as for all other ceiling fans with 
blade spans less than or equal to seven feet. The power consumption 
measurements are to be made separately, with all fan heads on.
    2.2.4. Test Set-Up for Ceiling Fans with Airflow Not Directly 
Downward
    For ceiling fans where the airflow is not directly downward, the 
ceiling fan head is to be adjusted such that the airflow is as 
vertical as possible prior to testing. The distance between the 
lowest point on the blades and the air velocity sensors should be 
the same as for all other low-volume ceiling fans (43 inches). For 
ceiling fans where a fully vertical orientation of airflow cannot be 
achieved, the ceiling fan is to be oriented such that any remaining 
tilt is aligned along one of the four sensor axes. Instead of 
measuring the air velocity for only those sensors directly beneath 
the ceiling fan, the air velocity is to be measured at all sensors 
along that axis, as well as the axis oriented 180 degrees with 
respect to that axis. For example, if the tilt is oriented along 
axis A, air velocity measurements are to be taken for all sensors 
along the A-C axis. No measurements would need to be taken along the 
B-D axis in this case.
    2.3. Active mode test measurement for ceiling fans with blade 
spans less than or equal to seven feet.
    2.3.1. Test conditions to be followed when testing:
     The temperature and humidity setting shall be 76 
degrees 2 degrees Fahrenheit and 50% 5% 
relative humidity. These shall be held constant during the entire 
test process.
     Allow the sensors to be turned on and the fan to run 
for 15 minutes at each fan speed/setting before taking readings.
     If present, the ceiling fan light fixture is to be 
installed but turned off during testing.
     If present, any heater is to be installed but turned 
off during testing.
     The tests shall be conducted with the fan connected to 
a supply circuit with a voltage of (a) 120 V for fans rated on the 
nameplate from 105 to 125 V; and (b) 240 V for fans rated on the 
nameplate from 208 to 250 V. The test voltage shall not vary by more 
than 1% during the tests.
     The test shall be conducted with the fan connected to a 
supply circuit at the rated frequency.
     Air conditioning vents shall be closed during testing.
    2.3.2. Airflow and Power Consumption Testing Procedure:
    Measure the airflow (CFM) and power consumption (watt) for low-
volume ceiling fans at high and low speed. For high-volume ceiling 
fans with blade spans less than or equal to seven feet, measure the 
airflow and power consumption only at high speed.
    Step 1: Make sure the transformer power is off. Hang fan and 
connect wires as directed by manufacturer's wiring instructions. 
Note: Assemble fan prior to the test; lab personnel must follow the 
instructions provided by the fan manufacturer. The fan blade 
assembly shall be balanced in accordance with the manufacturer's 
instructions to avoid excessive vibration of the motor assembly (at 
any speed) during operation.
    Step 2: Adjust the height of the air-velocity sensors such that 
the lowest point on the fan blades is 43 inches above the height of 
the sensor heads.
    Step 3: Set the first sensor arm (if using four fixed arms) or 
single sensor arm (if using a single rotating arm) to the 0 degree 
Position (Axis A). If necessary, use marking as reference. If using 
a single rotating arm, adjust the sensor arm alignment until it is 
at the 0 degree position by remotely controlling the antenna 
rotator.
    Step 4: Set software up to read and record air velocity, 
expressed in feet per minute (FPM) in 1 second intervals. 
(Temperature does not need to be recorded in 1 second intervals.) 
Record current barometric pressure.
    Step 5: Allow test fan to run 15 minutes at rated voltage and at 
high speed. Turn off all environmental conditioning equipment 
entering the chamber (e.g., air conditioning), close all doors and 
vents, and wait an additional 3 minutes prior to starting test 
session.
    Step 6: Begin recording readings. Take 100 readings (100 seconds 
run-time) and save these data.
    Step 7: Similarly, take 100 readings (100 seconds run-time) for 
Axes B, C, and D; save these data as well. If using four fixed 
sensor arms, the readings for all sensor arms should be taken 
simultaneously.
    Step 8: Repeat steps 3 through 7 above on low fan speed for low-
volume ceiling fans. Note: Ensure that temperature and humidity 
readings are held within the required tolerances for the duration of 
the test (all tested speeds). It may be helpful to turn on 
environmental conditioning equipment between test sessions to ready 
the room for the following speed test.
    Step 9: If testing a multi-mount ceiling fan, repeat steps 1 
through 8 with the ceiling fan hung in the configuration (either 
hugger or standard) not already tested.
    If a multi-head ceiling fan includes more than one type of 
ceiling fan head, then test at least one of each unique type. A fan 
head with different construction that could affect air movement or 
power consumption, such as housing, blade pitch, or motor, would 
constitute a different type of fan head.
    Measure power input at a point that includes all power-consuming 
components of the ceiling fan (but without any attached light kit or 
heater energized). Measure power continuously at the rated voltage 
that represents normal operation over the time period for which the 
airflow test is conducted for each speed, and record the average 
value of the power measurement at that speed in watts (W).
    Measure ceiling fan power consumption simultaneously with the 
airflow test, except for multi-head ceiling fans. For multi-head 
ceiling fans, measure power consumption at each speed continuously 
for 100 seconds with all fan heads turned on, and record the average 
value at each speed in watts (W).
    2.4. Test apparatus for ceiling fans with blade spans greater 
than seven feet:
    The test apparatus and instructions for testing ceiling fans 
with blade spans greater than seven feet shall conform to the 
requirements specified in Section 3 (``Units of Measurement''), 
Section 4 (``Symbols and Subscripts''), Section 5 (``Definitions''), 
Section 6 (``Instruments and Methods of Measurement''), and Section 
7 (``Equipment and Setups'') of the Air Movement and Control 
Association (AMCA) International's ``AMCA 230: Laboratory Methods of 
Testing Air Circulating Fans for Rating and Certification,'' 
February 22, 2012 (incorporated by reference, see Sec.  430.3), with 
the following modifications:
    2.4.1. The test procedure is applicable to ceiling fans up to 24 
feet in diameter.
    2.4.2. A ``ceiling fan'' is defined as in Sec.  430.2.
    2.4.3. For all ceiling fans, the minimum distance between the 
ceiling and the blades of a ceiling fan being tested is 40% of the 
ceiling fan blade span.
    2.4.4. For all ceiling fans, the minimum distance between the 
floor and the blades of a ceiling fan being tested is the larger of: 
1) 80% of the ceiling fan blade span, and 2) 15 feet.
    2.4.5. For all ceiling fans, the minimum distance between the 
centerline of a ceiling fan being tested and walls and/or large 
obstructions is 150% of the ceiling fan blade span.

[[Page 31503]]

    2.5. Active mode test measurement for ceiling fans with blade 
spans greater than seven feet:
    Calculate the airflow (CFM) and measure the power consumption 
(watt) for ceiling fans at high speed, 80% speed, 60% speed, 40% 
speed, and 20% speed. When testing at speeds other than high speed 
(i.e., X% speed where X is 80. 60, 40, or 20), ensure the average 
measured RPM corresponds to X%  1% of the average RPM at 
high speed (e.g., For testing at 80% speed, the average measured RPM 
should be between 79% and 81% of the average measured RPM during 
testing at high speed). 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 power consumption in 
accordance with the test requirements specified in Section 8 
(``Observations and Conduct of Test'') and Section 9 
(``Calculations'') of AMCA 230 (incorporated by reference, see Sec.  
430.3), with the following modifications:
    2.5.1. Measure power consumption at a point that includes all 
power-consuming components of the ceiling fan (but without any 
attached light kit or heater energized).
    2.5.2. Measure power consumption continuously at the rated 
voltage that represents normal operation over the time period for 
which the load differential test is conducted.
    2.6. Test measurement for standby power consumption
    Standby power consumption must be measured for all ceiling fans 
that offer one or more of the following user-oriented or protective 
functions:
     The ability to facilitate the activation or 
deactivation of other functions (including active mode) by remote 
switch (including remote control), internal sensor, or timer.
     Continuous functions, including information or status 
displays (including clocks), or sensor-based functions.
    Standby power consumption must be measured after completion of 
active mode testing and after the active mode functionality has been 
switched off (i.e., the rotation of the ceiling fan blades is no 
longer energized). The ceiling fan must remain connected to the main 
power supply and be in the same configuration as in active mode 
(i.e., any ceiling fan light fixture should still be attached). 
Measure standby power consumption according to IEC 62301 
(incorporated by reference, see Sec.  430.3) with the following 
modifications:
    2.6.1. Allow 3 minutes between switching off active mode 
functionality and beginning the standby power test. (No additional 
time before measurement is required.)
    2.6.2. Measure power consumption continuously for 100 seconds, 
and record the average value of the standby power measurement in 
watts (W).
    3. Calculation of Ceiling Fan Efficiency from the Test Results:
    The efficacy of a ceiling fan is the ceiling fan efficiency (as 
defined in section 1 of this appendix). Two ceiling fan efficiencies 
will be calculated for low-volume multi-mount ceiling fans: One 
efficiency will correspond to the ceiling fan being mounted in the 
hugger configuration, and the other efficiency will correspond to 
the ceiling fan being mounted in the standard configuration.
    Using the airflow and power consumption measurements from 
section 2 (high and low speed for low-volume ceiling fans, only high 
speed for high-volume ceiling fans with blade spans less than or 
equal to seven feet) and section 3 (for all tested settings for 
ceiling fans with blade spans greater than seven feet) calculate the 
efficiency for any ceiling fan as follows:
[GRAPHIC] [TIFF OMITTED] TP03JN15.010

Where:

CFMi = airflow at speed i,
OHi = operating hours at speed i,
Wi = power consumption at speed i,
OHSb = operating hours in standby mode, and
WSb = power consumption in standby mode.

    Table 2 of this appendix specifies the daily hours of operation to 
be used in calculating ceiling fan efficiency:

  Table 2 to Appendix U to Subpart B of Part 430: Daily Operating Hours
                 for Calculating Ceiling Fan Efficiency
------------------------------------------------------------------------
                                                        No        With
                                                     standby    standby
------------------------------------------------------------------------
            Daily Operating Hours for Low-Volume Ceiling Fans
------------------------------------------------------------------------
High Speed........................................        4.2        4.2
Low Speed.........................................        2.2        2.2
Standby Mode......................................        0.0       17.6
Off Mode..........................................       17.6        0.0
------------------------------------------------------------------------
Daily Operating Hours for High-Volume Ceiling Fans With Blade Spans Less
                       Than or Equal to Seven Feet
------------------------------------------------------------------------
High Speed........................................       12.0       12.0
Standby Mode......................................        0.0       12.0
Off Mode..........................................       12.0        0.0
------------------------------------------------------------------------
  Daily Operating Hours for Ceiling Fans With Blade Spans Greater Than
                               Seven Feet
------------------------------------------------------------------------
High Speed........................................        1.8        1.8
80% Speed.........................................        3.5        3.5
60% Speed.........................................        3.6        3.6
40% Speed.........................................        2.0        2.0
20% Speed.........................................        4.1        4.1
Standby Mode......................................        0.0        9.0
Off Mode..........................................        9.0        0.0
------------------------------------------------------------------------

    The effective area corresponding to each sensor used in the test 
method for ceiling fans with blade spans less than or equal to seven 
feet is to be calculated with the following equations:
    For sensor 1, the sensor located directly underneath the center of 
the ceiling fan, the effective width of the circle is 2 inches, and the 
effective area is:
[GRAPHIC] [TIFF OMITTED] TP03JN15.011

    For the sensors between sensor 1 and the last sensor used in the 
measurement, the effective area has a width of 4 inches. If a sensor is 
a distance d, in inches, from sensor 1, then the effective area is:
[GRAPHIC] [TIFF OMITTED] TP03JN15.012


[[Page 31504]]


    For the last sensor, the width of the effective area depends on the 
horizontal displacement between the last sensor and the point on the 
ceiling fan blades furthest radially from the center of the fan. The 
total area included in an airflow calculation is the area of a circle 8 
inches larger in diameter than the ceiling fan blade span.
    Therefore, for example, for a 42-inch ceiling fan, the last sensor 
is 3 inches beyond the end of the ceiling fan blades. Because only the 
area within 4 inches of the end of the ceiling fan blades is included 
in the airflow calculation, the effective width of the circle 
corresponding to the last sensor would be 3 inches. The calculation for 
the effective area corresponding to the last sensor would then be:
[GRAPHIC] [TIFF OMITTED] TP03JN15.013

    For a 46-inch ceiling fan, the effective area of the last sensor 
would have a width of 5 inches, and the effective area would be:
[GRAPHIC] [TIFF OMITTED] TP03JN15.014

    3.1.1. Ceiling fan efficiency calculations for multi-head ceiling 
fans
    To determine the airflow at a given speed for a multi-head ceiling 
fan, measure the airflow for each fan head. Repeat for each fan head. 
Testing of each fan head is not required if the fan heads are 
essentially identical (i.e., do not have differences in construction 
such as housing, blade pitch, or motor could affect air movement or 
power consumption); instead, the measurements for one fan head can be 
used for each essentially identical fan head. Sum the measured airflow 
for each fan head included in the ceiling fan. The power consumption is 
the measured power consumption with all fan heads on.
    Using the airflow and power consumption measurements from section 2 
of this appendix, calculate ceiling fan efficiency for a multi-head 
ceiling fan as follows:
[GRAPHIC] [TIFF OMITTED] TP03JN15.015

Where:

CFMi = sum of airflow at a given speed for each head,
OHi = operating hours at a given speed,
Wi = total power consumption at a given speed,
OHSb = operating hours in standby mode, and
WSb = power consumption in standby mode.

    3.1.2. Ceiling fan efficiency calculations for ceiling fans with 
airflow not directly downward
    Using a set of sensors that cover the same diameter as if the 
airflow were directly downward, the airflow at each speed should be 
calculated based on the continuous set of sensors with the largest air 
velocity measurements. This continuous set of sensors should be along 
the axis that the ceiling fan tilt is directed in (and along the axis 
that is 180 degrees from the first axis). For example, a 42-inch fan 
tilted toward axis A may create the pattern of air velocity shown in 
Figure 3 of this appendix. As shown in Table 1 of this appendix, a 42-
inch fan would normally require 7 active sensors. However because the 
fan is not directed downward, all sensors must record data. In this 
case, because the set of sensors corresponding to maximum air velocity 
are centered 3 sensor positions away from the sensor 1 along the A 
axis, substitute the air velocity at A axis sensor 4 for the average 
air velocity at sensor 1. Take the average of the air velocity at A 
axis sensors 3 and 5 as a substitute for the average air velocity at 
sensor 2, take the average of the air velocity at A axis sensors 2 and 
6 as a substitute for the average air velocity at sensor 3, etc. 
Lastly, take the average of the air velocities at A axis sensor 10 and 
C axis sensor 4 as a substitute for the average air velocity at sensor 
7. Any air velocity measurements made along the B-D axis are not 
included in the calculation of average air velocity.

[[Page 31505]]

[GRAPHIC] [TIFF OMITTED] TP03JN15.016

[FR Doc. 2015-13169 Filed 6-2-15; 8:45 am]
BILLING CODE 6450-01-P



                                                                                                                                                                                                         31487

                                                      Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                     Vol. 80, No. 106

                                                                                                                                                                     Wednesday, June 3, 2015



                                                      This section of the FEDERAL REGISTER                    with blade spans greater than seven feet.              this document on the regulations.gov
                                                      contains notices to the public of the proposed          Finally, DOE proposes to clarify the                   site. The regulations.gov Web page
                                                      issuance of rules and regulations. The                  effective date corresponding to the                    contains simple instructions on how to
                                                      purpose of these notices is to give interested          NOPR proposal to reinterpret the                       access all documents, including public
                                                      persons an opportunity to participate in the            statutory definition of a ceiling fan to               comments, in the docket. See section V
                                                      rule making prior to the adoption of the final
                                                      rules.
                                                                                                              include hugger ceiling fans.                           for information on how to submit
                                                                                                              DATES: DOE will accept comments, data,                 comments through regulations.gov.
                                                                                                              and information regarding this SNOPR                      For further information on how to
                                                      DEPARTMENT OF ENERGY                                    until August 17, 2015. See section V,                  submit a comment, review other public
                                                                                                              ‘‘Public Participation,’’ for details.                 comments and the docket, or participate
                                                      10 CFR Parts 429 and 430                                ADDRESSES: Any comments submitted                      in the public meeting, contact Ms.
                                                                                                              must identify the SNOPR for Test                       Brenda Edwards at (202) 586–2945 or by
                                                      [Docket No. EERE–2013–BT–TP–0050]
                                                                                                              Procedures for Ceiling Fans, and                       email: Brenda.Edwards@ee.doe.gov.
                                                      RIN 1904–AD10                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                              provide docket number EERE–2013–
                                                                                                              BT–TP–0050 and/or regulatory                           Ms. Lucy deButts, U.S. Department of
                                                      Energy Conservation Program: Test                                                                                 Energy, Office of Energy Efficiency
                                                      Procedures for Ceiling Fans                             information number (RIN) number
                                                                                                              1904–AD10. Comments may be                                and Renewable Energy, Building
                                                      AGENCY:  Office of Energy Efficiency and                submitted using any of the following                      Technologies Program, EE–2J, 1000
                                                      Renewable Energy, Department of                         methods:                                                  Independence Avenue SW.,
                                                      Energy.                                                    1. Federal eRulemaking Portal:                         Washington, DC 20585–0121.
                                                      ACTION: Supplemental notice of                          www.regulations.gov. Follow the                           Telephone: (202) 287–1604. Email:
                                                      proposed rulemaking.                                    instructions for submitting comments.                     ceiling_fans@ee.doe.gov.
                                                                                                                 2. Email: CF2013TP0050@ee.doe.gov.                  Ms. Elizabeth Kohl, U.S. Department of
                                                      SUMMARY:    In this supplemental notice of              Include the docket number and/or RIN                      Energy, Office of the General Counsel,
                                                      proposed rulemaking (SNOPR), the U.S.                   in the subject line of the message.                       GC–33, 1000 Independence Avenue
                                                      Department of Energy (DOE) proposes a                      3. Mail: Ms. Brenda Edwards, U.S.                      SW., Washington, DC, 20585–0121.
                                                      number of changes to the proposed test                  Department of Energy, Building                            Telephone: (202) 586–7796. Email:
                                                      procedure rule published on October 17,                 Technologies Program, Mailstop EE–5B,                     elizabeth.kohl@hq.doe.gov.
                                                      2014. Specifically, DOE proposes to                     1000 Independence Avenue SW.,                          SUPPLEMENTARY INFORMATION: DOE
                                                      clarify that a ceiling fan is not subject               Washington, DC 20585–0121. If                          intends to incorporate by reference the
                                                      to the test procedure if the plane of                   possible, please submit all items on a                 following industry standard into 10 CFR
                                                      rotation of the ceiling fan’s blades                    CD. It is not necessary to include                     part 430: ANSI/AMCA 230–12 (‘‘AMCA
                                                      cannot be within 45 degrees of                          printed copies.                                        230’’), Air Movement and Control
                                                      horizontal, rather than exempt air                         4. Hand Delivery/Courier: Ms. Brenda                Association Laboratory Methods of
                                                      circulators (or air-circulating fan heads)              Edwards, U.S. Department of Energy,                    Testing Air Circulating Fans for Rating
                                                      from the test procedure. DOE also                       Building Technologies Program, 950                     and Certification. Copies of ANSI/
                                                      proposes to test high-volume small-                     L’Enfant Plaza SW., Suite 600,                         AMCA 230–12 can be obtained from the
                                                      diameter ceiling fans according to test                 Washington, DC 20024. Telephone:                       American National Standards Institute,
                                                      procedures based on the current DOE                     (202) 586–2945. If possible, please                    25 W. 43rd Street, 4th Floor, New York,
                                                      test procedure for ceiling fans, rather                 submit all items on a CD. It is not                    NY 10036, 212–642–4900, or go to
                                                      than the Air Movement and Control                       necessary to include printed copies.                   http://www.ansi.org.
                                                      Association International, Inc. (AMCA)                     For detailed instructions on
                                                      230 test procedure. All ceiling fans                                                                           Table of Contents
                                                                                                              submitting comments and additional
                                                      larger than seven feet in diameter would                information on the rulemaking process,                 I. Authority and Background
                                                      still be tested according to a test                     see section V of this document (Public                 II. Synopsis of the Supplemental Notice of
                                                      procedure based on the AMCA 230 test                    Participation).                                              Proposed Rulemaking
                                                      procedure, but all ceiling fans less than                  Docket: The docket is available for                 III. Discussion
                                                      seven feet in diameter would be tested                                                                            A. Ceiling Fans for Which the Plane of
                                                                                                              review at regulations.gov, including
                                                                                                                                                                           Rotation of the Ceiling Fan’s Blades
                                                      according to test procedures based on                   Federal Register notices, public meeting                     Cannot Be Within 45 Degrees of
                                                      the current DOE test procedure. DOE                     attendee lists and transcripts,                              Horizontal Are Not Subject to the Test
                                                      also proposes that the test require                     comments, and other supporting                               Procedure
                                                      mounting all ceiling fans with blade                    documents/materials. All documents in                     B. Update Test Procedures for High-
                                                      spans less than or equal to seven feet to               the docket are listed in the                                 Volume Small-Diameter Ceiling Fans
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      the real ceiling, rather than a false                   regulations.gov index. However, not all                   C. Mount All Ceiling Fans With Blade
                                                      ceiling, during testing. The proposed                   documents listed in the index may be                         Spans Less Than or Equal to Seven Feet
                                                      test method would also increase the                     publicly available, such as information                      to the Real Ceiling for Testing
                                                      number of speeds at which ceiling fans                                                                            D. Test Ceiling Fans With Blade Spans
                                                                                                              that is exempt from public disclosure.
                                                                                                                                                                           Greater Than Seven Feet at Five Speeds
                                                      with blade spans greater than seven feet                   A link to the docket Web page can be                   E. Update Test Room Dimensions for
                                                      are tested, and clarify the weighting                   found at: http://www1.eere.energy.gov/                       Ceiling Fans With Blade Spans Greater
                                                      associated with each tested speed in the                buildings/appliance_standards/                               Than Seven Feet
                                                      energy efficiency metric and update the                 rulemaking.aspx/ruleid/101. This Web                   IV. Procedural Issues and Regulatory Review
                                                      test room dimensions for ceiling fans                   page will contain a link to the docket for                A. Review Under Executive Order 12866



                                                 VerDate Sep<11>2014   17:19 Jun 02, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\03JNP1.SGM   03JNP1


                                                      31488                  Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                        B. Review Under the Regulatory Flexibility            degrees of horizontal. This approach                   than or equal to seven feet would be
                                                           Act                                                replaces that in the proposed rule issued              tested according to the test procedures
                                                        C. Review Under the Paperwork Reduction               on October 17, 2014 (79 FR 62521)                      for low-volume ceiling fans proposed in
                                                           Act of 1995                                        (October 2014 NOPR), where DOE                         the NOPR, with the distinction that
                                                        D. Review Under the National
                                                           Environmental Policy Act of 1969
                                                                                                              proposed to exempt ceiling fans from                   high-volume small-diameter ceiling fans
                                                        E. Review Under Executive Order 13132                 the test procedure based on the                        would be tested only at high speed,
                                                        F. Review Under Executive Order 12988                 potentially ambiguous terms ‘‘air                      whereas low volume ceiling fans would
                                                        G. Review Under the Unfunded Mandates                 circulator’’ or ‘‘air-circulating fan head’’.          be tested at both high speed and low
                                                           Reform Act of 1995                                 DOE also proposes test procedures for                  speed, as proposed in the NOPR.
                                                        H. Review Under the Treasury and General              high-volume small-diameter ceiling fans
                                                           Government Appropriations Act, 1999
                                                                                                                                                                     Mount All Ceiling Fans With Blade
                                                                                                              based on the current DOE ceiling fan
                                                        I. Review Under Executive Order 12630                                                                        Spans Less Than or Equal to Seven Feet
                                                                                                              test procedure and require all ceiling
                                                        J. Review Under Treasury and General                                                                         to the Real Ceiling for Testing
                                                                                                              fans with blade spans less than or equal
                                                           Government Appropriations Act, 2001                to seven feet to be mounted directly to                  DOE proposes to test all ceiling fans
                                                        K. Review Under Executive Order 13211                                                                        with blade spans less than or equal to
                                                        L. Review Under Section 32 of the Federal
                                                                                                              the real ceiling during testing. In
                                                                                                              addition, for ceiling fans with blade                  seven feet with the ceiling fan mounted
                                                           Energy Administration Act of 1974
                                                        M. Description of Material Incorporated by            spans greater than seven feet, DOE                     to the real ceiling, rather than a false
                                                           Reference                                          proposes to increase the number of                     ceiling, while maintaining the required
                                                      V. Public Participation                                 speeds at which the fans are tested and                vertical distance between the air
                                                        A. Submission of Comments                             clarify the weighting associated with                  velocity sensor heads and the bottom of
                                                        B. Issues on Which DOE Seeks Comment                  each speed in the proposed energy                      the ceiling fan blades. This would
                                                      VI. Approval of the Office of the Secretary             efficiency metric, as well as update the               provide a better representation of ceiling
                                                                                                              test room dimensions.                                  fan efficiency and would likely incur
                                                      I. Authority and Background
                                                                                                                 This SNOPR summarizes and                           less test burden than testing with the
                                                         Title III of the Energy Policy and                   addresses comments received on the                     ceiling fan mounted to a false ceiling.
                                                      Conservation Act (42 U.S.C. 6291, et                    NOPR that are related to the changes
                                                      seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets forth a                                                                   Test Ceiling Fans With Blade Spans
                                                                                                              proposed in this SNOPR. DOE received                   Greater Than Seven Feet at Five Speeds
                                                      variety of provisions designed to                       comments on the NOPR regarding a
                                                      improve energy efficiency. (All                         number of other topics that are not                       DOE proposes to test all ceiling fans
                                                      references to EPCA refer to the statute                 addressed in this SNOPR; these                         with blade spans greater than seven feet
                                                      as amended through the EPS Service                      comments will be addressed in the final                at five speeds spaced equally over the
                                                      Parts Act of 2014, Pub. L. 113–263 (Dec.                rule. The following paragraphs                         range of available speeds: 20%, 40%,
                                                      18, 2014)). Part B of title III, which for              summarize the proposed changes in this                 60%, 80%, and 100% of the measured
                                                      editorial reasons was redesignated as                   SNOPR, with further detail provided in                 maximum speed revolutions per minute
                                                      Part A upon incorporation into the U.S.                 Section III, Discussion.                               (rpm). DOE also proposes to clarify the
                                                      Code (42 U.S.C. 6291–6309), establishes                                                                        weighting associated with each tested
                                                      the ‘‘Energy Conservation Program for                   Ceiling Fans for Which the Plane of                    speed in the energy efficiency metric.
                                                      Consumer Products Other Than                            Rotation of the Ceiling Fan’s Blades
                                                                                                              Cannot Be Within 45 Degrees of                         Update Test Room Dimensions for
                                                      Automobiles.’’                                                                                                 Ceiling Fans With Blade Spans Greater
                                                         Under EPCA, this energy conservation                 Horizontal Are Not Subject to the Test
                                                                                                              Procedure                                              Than Seven Feet
                                                      program consists essentially of four
                                                      parts: (1) Testing; (2) labeling; (3)                     DOE proposes that manufacturers not                    DOE proposes to update the test room
                                                      Federal energy conservation standards;                  be required to test a ceiling fan pursuant             dimensions for all ceiling fans with
                                                      and (4) certification and enforcement                   to the test procedure if the plane of                  blade spans greater than seven feet. The
                                                      procedures. The testing requirements                    rotation of the ceiling fan’s blades                   updates represent potential increases to
                                                      consist of test procedures that                         cannot be within 45 degrees of                         the required test room dimensions
                                                      manufacturers of covered products must                  horizontal. This proposal would replace                relative to those dimensions proposed
                                                      use as the basis for certifying to DOE                  DOE’s NOPR proposal that the test                      in the NOPR for high-volume ceiling
                                                      that their products comply with the                     procedure does not apply to air                        fans.
                                                      applicable energy conservation                          circulators (or air-circulating fan heads),            III. Discussion
                                                      standards adopted pursuant to EPCA                      thereby removing any ambiguity
                                                      and for making other representations                    associated with the terms ‘‘air                        A. Ceiling Fans for Which the Plane of
                                                      about the efficiency of those products.                 circulator’’ or ‘‘air-circulating fan                  Rotation of the Ceiling Fan’s Blades
                                                      (42 U.S.C. 6293(c) and 6295(s))                                                                                Cannot Be Within 45 Degrees of
                                                                                                              heads.’’ This proposal ensures that only
                                                      Similarly, DOE must use these test                                                                             Horizontal Are Not Subject to the Test
                                                                                                              those ceiling fans whose performance
                                                      requirements to determine whether the                                                                          Procedure
                                                                                                              the test procedure was designed to
                                                      products comply with any relevant                       evaluate will be subject to the test                     In the NOPR, DOE stated that the
                                                      standards promulgated under EPCA. (42                   procedure.                                             proposed test procedures would not
                                                      U.S.C. 6295(s))                                                                                                apply to air circulators (or air-
                                                                                                              Update Test Procedures for High-                       circulating fan heads) that are typically
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                                                      II. Synopsis of the Supplemental Notice                 Volume Small-Diameter Ceiling Fans                     mounted on a pedestal but could also
                                                      of Proposed Rulemaking                                     DOE proposes to test high-volume                    include wall, ceiling, or I-beam
                                                         After careful consideration of                       small-diameter ceiling fans according to               mounting brackets. DOE then referenced
                                                      comments received on the NOPR, DOE                      test procedures based on the current                   section 5.1.1 of AMCA 230–12 for the
                                                      is issuing this SNOPR to propose that                   DOE test procedure for ceiling fans,                   definition of an air circulator. In
                                                      manufacturers are not required to test                  rather than the Air Movement and                       response, DOE received comments from
                                                      ceiling fans pursuant to the test                       Control Association International, Inc.                Fanimation, Matthews Fan Company,
                                                      procedure if the plane of rotation of the               (AMCA) 230 test procedure. As a result,                and BAS requesting clarification of the
                                                      ceiling fan’s blades cannot be within 45                all ceiling fans with blade spans less                 definition of the term ‘‘air circulator,’’ as


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                                                                             Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                              31489

                                                      the language in AMCA 230 is                             load differential measured using a load                 according to the current ENERGY STAR
                                                      ambiguous. (Fanimation, Public Meeting                  cell.                                                   test procedure which, along with the
                                                      Transcript, No. 83 at p. 21; Matthews                     Data presented by Big Ass Solutions                   current DOE test procedure and the test
                                                      Fan Company, Public Meeting                             (BAS) at the November 19, 2014 public                   procedures proposed in the NOPR for
                                                      Transcript, No. 83 at pp. 22–23; Big Ass                meeting shows that the AMCA 230 test                    low-volume ceiling fans, is based on
                                                      Solutions, Public Meeting Transcript,                   procedure results in a decrease in the                  ‘‘Energy Star Testing Facility Guidance
                                                      No. 83 at pp. 23–24) ALA further                        measured performance for the same fan                   Manual: Building a Testing Facility and
                                                      requested that DOE clarify if a fan head                as compared to the NOPR test procedure                  Performing the Solid State Test Method
                                                      assembly consisting of a motor,                         for low-volume ceiling fans. (BAS,                      for ENERGY STAR Qualified Ceiling
                                                      impeller, and guard mounted on a                        Public Meeting Transcript, No. 5 at pp.                 Fans, Version 1.1.’’ DOE prefers to
                                                      downrod classified as an air circulator.                63–64).1 Given this, BAS expressed that                 harmonize with the accepted industry
                                                      (American Lighting Association, No. 8                   there may be instances where a small-                   test procedures where appropriate.
                                                      at pp. 4–5)                                             diameter fan has a large enough                         Proposing test procedures for high-
                                                         Per suggestion by BAS to review other                measured airflow under the NOPR low-                    volume small-diameter ceiling fans
                                                      sections of AMCA 230 for a clearer                      volume test procedure to move it into                   based on the test procedures proposed
                                                      definition of an air circulator, DOE                    the high-volume category, but when                      in the NOPR for low-volume ceiling fans
                                                      reviewed AMCA 230–12 for more                           tested according to the NOPR high-                      is more consistent with this objective.
                                                      specific language, but only found                       volume test procedure, the measured                        In the NOPR, DOE proposed a
                                                      potentially ambiguous language. DOE’s                   airflow would be too low for the fan to                 different test procedure for all high-
                                                      intention in excluding air circulators                  qualify for the high-volume category. Id.               volume ceiling fans (including those
                                                      from the test procedure was to ensure                   BAS added that the decrease in rated                    with blade spans less than or equal to
                                                      that only ceiling fans that could be                    performance of the high-volume small-                   seven feet) in part because some large-
                                                      properly assessed with the test                         diameter fan according to the NOPR test                 diameter ceiling fans (i.e., those ceiling
                                                      procedure were subject to the test                      procedure could lead to a consumer                      fans with blade spans greater than seven
                                                      procedure. For example, DOE intended                    selecting a less-efficient product when                 feet) are too large to be tested in current
                                                      to exclude ceiling fans that only moved                 choosing between a low-volume and                       low-volume ceiling fan test facilities,
                                                      air horizontally, rather than primarily                 high-volume small-diameter ceiling fans                 and testing with a single load cell is
                                                      downward, as the test procedure is not                  based on NOPR test method results. Id.                  more practical than testing with
                                                      designed to provide accurate                            BAS suggested that all ceiling fans with                numerous air velocity sensors for large-
                                                      performance data for such fans. In this                 blade spans less than or equal to seven                 diameter fans. For ceiling fans with
                                                      supplemental proposal, DOE proposes                     feet be tested according to the same test               blade spans less than or equal to seven
                                                      that if the plane of rotation of a ceiling              method, based on DOE’s current test                     feet, however, these experimental
                                                      fan’s blades cannot be within 45 degrees                procedure for ceiling fans, and ceiling                 concerns are significantly less
                                                      of horizontal, the ceiling fan is not                   fans with blade spans of more than                      compelling. In the NOPR, DOE assumed
                                                      subject to the test procedure. In this                  seven feet be tested according to AMCA                  that high-volume small-diameter and
                                                      way, DOE is not specifically excluding                  230. (BAS, Public Meeting Transcript,                   high-volume large-diameter ceiling fans
                                                      ‘‘air circulators’’; instead, DOE is                    No. 5 at p. 64) Emerson Electric                        were substitutes for one another (for
                                                      excluding from the test procedure only                  Company (Emerson), Westinghouse                         example an array of high-volume small-
                                                      ceiling fans that do not have the                       Lighting (Westinghouse), Hunter Fan                     diameter ceiling fans substituting for a
                                                      majority of their airflow directed                      Company (Hunter), Fanimation, and                       single high-volume large diameter
                                                      vertically downward.                                    Minka Group all agreed with BAS’                        ceiling fan) and proposed the same test
                                                                                                              suggestion. Furthermore, the American                   procedure for all high-volume ceiling
                                                      B. Update Test Procedures for High-
                                                                                                              Lighting Association (ALA) stated that                  fans to allow for comparison. Feedback
                                                      Volume Small-Diameter Ceiling Fans
                                                                                                              manufacturers are more familiar with                    from stakeholders indicates that
                                                         In the NOPR, DOE proposed different                  the ENERGY STAR test procedure and                      industry practice is to use an ENERGY
                                                      test methods for low-volume ceiling                     prefer it for measuring the performance                 STAR style test procedure for high-
                                                      fans and high-volume, small-diameter                    of all ceiling fans with blade spans less               volume small-diameter ceiling fans and
                                                      ceiling fans. Specifically, DOE proposed                than or equal to seven feet. (ALA, No.                  that high-volume small-diameter ceiling
                                                      to test low-volume ceiling fans                         8 at pp. 7–8) In particular, ALA                        fans may be substitutes for low-volume
                                                      according to a modified version of the                  expressed concern about the                             ceiling fans. Consequently, DOE agrees
                                                      current DOE test procedure, which is                    repeatability and test burden associated                with interested parties that a test
                                                      based on the ‘‘Energy Star Testing                      with load-cell testing of high-volume                   procedure for high-volume small-
                                                      Facility Guidance Manual: Building a                    ceiling fans with blade spans less than                 diameter fans based on the NOPR test
                                                      Testing Facility and Performing the                     or equal to seven feet (as required in                  procedure for low-volume ceiling fans
                                                      Solid State Test Method for ENERGY                      AMCA 230). (Id.)                                        would be more appropriate.
                                                      STAR Qualified Ceiling Fans, Version                      DOE recognizes the concerns put forth                    Therefore, DOE proposes to test all
                                                      1.1.’’ In contrast, DOE proposed to test                by BAS et al. According to ALA,                         ceiling fans with blade spans less than
                                                      all high-volume ceiling fans (including                 manufacturers are already accustomed                    or equal to seven feet according to the
                                                      high-volume small-diameter ceiling                      to testing ceiling fans with blade spans                low-volume ceiling fan test procedures
                                                      fans) according to the test procedure set               less than or equal to seven feet                        proposed in the NOPR, except that, as
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      forth in AMCA 230–12, but subject to                                                                            in the NOPR, high-volume small-
                                                      the proposed test room dimensions set                      1 A notation in this form provides a reference for
                                                                                                                                                                      diameter ceiling fans would be tested at
                                                      forth in the NOPR. These two test                       information that is in the docket of DOE’s              only high speed while low-volume
                                                                                                              rulemaking to develop test procedures for ceiling
                                                      procedures are fundamentally different,                 fans (Docket No. EERE–2013–BT–TP–0050), which           ceiling fans would be tested at both high
                                                      as the NOPR low-volume ceiling fan test                 is maintained at www.regulations.gov. This notation     and low speed. A further modification
                                                      procedure determines airflow based on                   indicates that the statement preceding the reference    to the NOPR test procedure for low-
                                                      air velocity measurements, whereas the                  is document number 5 in the docket for the ceiling
                                                                                                              fan and ceiling fan light kits energy conservation
                                                                                                                                                                      volume ceiling fans and high-volume
                                                      NOPR high-volume ceiling fan test                       standards rulemaking and appears at pages 63–64         small-diameter ceiling fans is discussed
                                                      procedure determines airflow based on                   of that document.                                       in section III.C. High-volume small-


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                                                      31490                  Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                      diameter ceiling fans would be tested at                concerns put forth by BAS—and the                      medium, and high). In response to the
                                                      only high speed because, as discussed                   potential counterpoint provided by                     NOPR proposal, DOE received several
                                                      in the NOPR, high-volume small-                         Hunter Fan Company—and has                             comments from stakeholders. MacroAir
                                                      diameter ceiling fans typically do not                  reviewed the proposal to mount all low-                and the AMCA Committee indicated
                                                      have discrete speeds so speeds other                    volume and high-volume small-                          that an upcoming revision of AMCA 230
                                                      than high may not be well defined.                      diameter ceiling fans to a false ceiling               would contain a requirement to test at
                                                      Additionally, DOE does not have                         during testing. DOE reviewed the data                  five speeds (20%, 40%, 60%, 80%, and
                                                      enough information to estimate a                        provided by BAS and noted a decrease                   100% of the maximum achievable
                                                      distribution of time spent at speeds                    in airflow efficiency of approximately                 speed) and suggested DOE harmonize
                                                      other than high speed for the efficiency                10% across the range of speeds tested                  with this approach. (MacroAir, No. 6 at
                                                      metric for high-volume small diameter                   when testing with a false ceiling rather               p. 5; AMCA, No. 84 2 at pp. 2–3)
                                                      ceiling fans.                                           than the real ceiling compelling.                      MacroAir also suggested that the overall
                                                                                                              Additionally, DOE received test cost                   efficiency of the ceiling fan should be
                                                      C. Mount All Ceiling Fans With Blade                    estimates from two test labs that show
                                                      Spans Less Than or Equal to Seven Feet                                                                         calculated by taking performance data at
                                                                                                              that testing with a false ceiling may be               each of the five speeds and then
                                                      to the Real Ceiling for Testing                         more financially burdensome than                       calculating a weighted average of those
                                                         In the NOPR, DOE proposed to mount                   testing with the ceiling fan mounted to                data based on the estimated operating
                                                      all low-volume ceiling fans to a false                  the real ceiling and adjusting the height              hours at each speed. Id.
                                                      ceiling for testing. Using an adjustable-               of the air velocity sensors. The cost                     DOE believes it is preferable to align
                                                      height false ceiling would allow the air                estimates received indicate a cost of                  the DOE ceiling fan test procedure with
                                                      velocity sensor height to remain                        $600–$1,800 for testing with a false                   the accepted industry test procedures—
                                                      constant, while the ceiling fan mounting                ceiling, as opposed to $725–$1,500 for                 in this case AMCA 230—as much as
                                                      height could be adjusted to obtain the                  testing with the real ceiling. The                     possible. DOE also notes that testing at
                                                      required distance between the bottom of                 minimum expected cost for testing with                 five speeds rather than just at high
                                                      the ceiling fan blades and the air                      a real ceiling is higher than for testing              speed may provide a more holistic
                                                      velocity sensors. The NOPR proposal                     with a false ceiling due to the one-time               representation of a ceiling fan’s
                                                      was based on an assumption that                         cost associated with implementing a                    performance over a range of service
                                                      mounting the ceiling fans to an                         change to the experimental set up to                   levels, which may in turn facilitate
                                                      adjustable-height false ceiling for testing             allow for the adjustment of the height of              easier comparisons for consumers.
                                                      would be less burdensome than                           the air velocity sensors. The average                  Finally, MacroAir supported testing at
                                                      adjusting the height of the air velocity                variable test costs for testing with the               five speeds. (MacroAir, No. 6 at p. 6)
                                                      sensors.                                                real ceiling, however, are lower                       Given these points, DOE proposes in
                                                         In response to the NOPR, at the                      compared to testing with a false ceiling.              this SNOPR to test all ceiling fans with
                                                      November 2014 public meeting, BAS                       DOE approximates the fixed costs for                   blade spans greater than seven feet at
                                                      presented test results indicating a                     the one-time modification to be $2000                  five equally-spaced speeds: 20%, 40%,
                                                      decrease in measured efficiency                         or less. DOE expects that test labs will               60%, 80%, and 100% of the rpm of the
                                                      performance when a ceiling fan is                       be able to amortize the fixed costs over               maximum achievable speed. DOE
                                                      mounted to a false ceiling rather than a                many tests. Consequently, the total                    clarifies that these speed settings are to
                                                      real ceiling. (BAS, Public Meeting                      average costs for testing with the real                be based on actual rpm measurements,
                                                      Transcript, No. 5 at pp. 125–126) BAS                   ceiling are lower than testing with a                  and also notes that this proposal has no
                                                      also stated that testing with the ceiling               false ceiling.                                         effect on ceiling fans with blade spans
                                                      fan mounted to a real ceiling is more                      Therefore, DOE proposes to mount all                less than or equal to seven feet, as set
                                                      representative of actual use, and                       ceiling fans with blade spans less than                forth in III.B.
                                                      Fanimation and Minka Group agreed                       or equal to seven feet to the real ceiling,
                                                      with Big Ass Solution’s comments. (Id.;                 rather than a false ceiling, for testing.                 DOE is unaware of any ceiling fan
                                                      Fanimation, Public Meeting Transcript,                  DOE also clarifies that with this                      with blade span greater than seven feet
                                                      No. 5 at p. 129; Minka Group, Public                    proposal to mount the ceiling fan to the               in diameter that does not have a speed
                                                      Meeting Transcript, No. 5 at p. 129) In                 real ceiling, the height of the air velocity           controller that is continuously
                                                      regard to test burden, BAS indicated                    sensors must be adjusted to achieve the                adjustable. DOE seeks comment and
                                                      that keeping the false ceiling level and                specified vertical distance (43 inches)                information on whether there are any
                                                      in correct position during testing is                   between the bottom of the fan blades                   ceiling fans with blade spans greater
                                                      more burdensome than adjusting the                      and the air velocity sensor heads for                  than seven feet for which the proposed
                                                      height of the air velocity sensors. (BAS,               each mounting configuration in which                   test procedure in this SNOPR could not
                                                      Public Meeting Transcript, No. 5 at p.                  the ceiling fan is tested.                             be applied (i.e., any ceiling fans larger
                                                      131) Hunter Fan Company suggested                                                                              than seven feet in diameter that could
                                                      that their lab uses a different air velocity            D. Test Ceiling Fans With Blade Spans                  not achieve the five speeds specified).
                                                      sensor mounting system, and therefore                   Greater Than Seven Feet at Five Speeds                    The equation and daily operating
                                                      it could be more burdensome to adjust                      DOE proposed to test all high-volume                hours proposed in the NOPR to
                                                      the height of the air velocity sensors.                 ceiling fans—regardless of blade span—                 calculate the efficiency of ceiling fans
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                                                      (Hunter Fan Company, Public Meeting                     at high speed in the NOPR. DOE                         larger than seven feet in diameter would
                                                      Transcript, No. 5 at p. 131)                            proposed testing only at a single speed                need to be updated to enable testing
                                                         DOE agrees with BAS that testing                     because high-volume ceiling fans are                   these fans at five speeds. In the NOPR,
                                                      with the ceiling fan mounted to the real                often equipped with a speed controller                 DOE proposed the following efficiency
                                                      ceiling is more representative of actual                that is continuously adjustable rather                 equation for all high-volume ceiling fans
                                                      use. DOE further acknowledges the                       than having discrete speeds (e.g., low,                to be tested at only high speed:

                                                       2 This document was submitted to the docket of         standards for ceiling fans (Docket No. EERE–2012–
                                                      DOE’s rulemaking to develop energy conservation         BT–STD–0045).



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                                                                                    Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                                                              31491




                                                      Where:                                                            WSb = power consumption in standby mode                             DOE proposes to use the following
                                                      CFMH = airflow at high speed,                                                                                                         equation to calculate the weighted
                                                      OHA = operating hours in active mode,                               Based on the proposal to test all
                                                                                                                                                                                            ceiling fan efficiency for these ceiling
                                                      WH = power consumptionat high speed.                              ceiling fans with blade spans greater
                                                                                                                                                                                            fans:
                                                      OHSb = operating hours in standby mode, and                       than seven feet at five speed settings,




                                                      Where:                                                               The daily operating hours at each of                             operating hours, MacroAir and BAS
                                                      CFMi = airflow at speed                                           the five speeds are an input to this                                separately provided breakdowns of
                                                      OHi = operating hours at speed                                    equation. In the NOPR, DOE proposed                                 daily operating hours for large-diameter
                                                      Wi = power consumption at speed                                   the following daily operating hours for                             ceiling fans by speed setting (Table 1).
                                                      OHsb = operating hours in standby mode, and                       all high-volume ceiling fans: 12 hours of                           (MacroAir, No. 6 at p. 5; BAS, No. 88 3
                                                      Wsb = power consumption in standby mode.                          active mode and 12 hours of non-active                              at pp. 37, 39).
                                                                                                                        mode. In response to the proposed

                                                         TABLE 1—MANUFACTURER-SUGGESTED DAILY OPERATING HOURS BY SPEED SETTING FOR LARGE-DIAMETER CEILING
                                                                                                      FANS
                                                                                                                                                       Daily operation by speed setting (h)
                                                                      Manufacturer
                                                                                                                 100%               80%                60%                 40%                      25%                    20%              Off/Standby

                                                      MacroAir ...........................................              3                    4               6                         4      ....................                     1               6
                                                      Big Ass Solutions .............................                   0.6                  3               1.2     ....................                    7.2     ....................             12



                                                        In their comments, BAS did not                                    TABLE 2—DAILY OPERATING HOURS                                     blades of a ceiling fan being tested is 44
                                                      provide this breakdown in daily                                     BY SPEED SETTING FOR CEILING                                      inches for all blade diameters, (2)
                                                      operating hours explicitly; instead, BAS                            FANS WITH BLADE SPANS GREATER                                     ceiling fans larger than 6 feet in
                                                      presented an alternative hours of use                               THAN SEVEN FEET—Continued                                         diameter must have a 20 foot clearance
                                                      analysis in which they presented annual                                                                                               between the floor and the blades of the
                                                      hours of operation at each of four                                                                   No           With                fan being tested, and (3) for ceiling fans
                                                      speeds. In this alternative analysis, BAS                                  Setting                                                    larger than 6 feet in diameter, the
                                                                                                                                                        standby       standby
                                                      did not alter DOE’s proposed 12 hours                                                                                                 minimum distance between the
                                                      of active use per day, so DOE assumes                             80% Speed ...............             3.5               3.5         centerline of a ceiling fan being tested
                                                      BAS agreed with this value.                                       60% Speed ...............             3.6               3.6         and walls and large obstructions all
                                                        To account for both daily operating                             40% Speed ...............             2.0               2.0
                                                                                                                        20% Speed ...............             4.1               4.1
                                                                                                                                                                                            around is half the ceiling fan blade span
                                                      hours breakdowns, DOE calculated a                                                                                                    plus 10 feet.
                                                                                                                        Standby Mode ..........               0.0               9.0
                                                      simple average of the proposed                                    Off Mode ...................          9.0               0.0            BAS stated during the public meeting
                                                      operating hours by speed setting (in                                                                                                  that AMCA 230 is currently being
                                                      calculating this average, DOE mapped
                                                                                                                        E. Update Test Room Dimensions for                                  revised and suggested that the test room
                                                      the 7.2 h at 25% speed suggested by
                                                                                                                        Ceiling Fans With Blade Spans Greater                               dimensions proposed by DOE and the
                                                      BAS to the 20% speed setting). Using                              Than Seven Feet                                                     updated version of AMCA 230 be
                                                      this simple average, DOE proposes in
                                                                                                                           In the NOPR, DOE proposed to test all                            harmonized. (BAS, Public Meeting
                                                      this SNOPR to use the daily operating
                                                                                                                        high-volume ceiling fans, including                                 Transcript, No. 5 at pp. 141–142) BAS
                                                      hours in Table 2 for all ceiling fans with
                                                                                                                        ceiling fans larger than seven feet in                              specifically disagreed with the proposed
                                                      blade spans greater than seven feet for
                                                                                                                        diameter, using a test procedure based                              clearance above the ceiling fan blades.
                                                      use in the efficiency calculation.
                                                                                                                        on AMCA 230–12. Because AMCA 230–                                   (BAS, Public Meeting Transcript, No. 5
                                                                                                                        12 is only applicable to ceiling fans with                          at p. 143) Westinghouse did not
                                                        TABLE 2—DAILY OPERATING HOURS                                                                                                       comment on the clearance height above
                                                        BY SPEED SETTING FOR CEILING                                    blade spans of six feet or less, DOE
                                                                                                                                                                                            the ceiling fan blades, but did express
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                                                                                                                        proposed to modify the specified room
                                                        FANS WITH BLADE SPANS GREATER                                                                                                       acceptance of the ten feet of lateral
                                                                                                                        dimensions to allow for the testing of
                                                        THAN SEVEN FEET                                                 larger ceiling fans. The NOPR proposed                              clearance from the fan blade tips that
                                                                                                                        a test procedure with the following                                 DOE proposed. (Westinghouse, Public
                                                                                             No                With                                                                         Meeting Transcript, No. 5 at p. 144)
                                                                Setting                                                 modifications to the room dimensions
                                                                                                                                                                                                                                                           EP03JN15.003</GPH>




                                                                                          standby            standby
                                                                                                                        in AMCA 230–12: (1) The minimum                                        AMCA has yet to release the updated
                                                      100% (Max) Speed ...                        1.8             1.8   distance between the ceiling and the                                version of AMCA 230, but the test room
                                                       3 This document was submitted to the docket of                   standards for ceiling fans (Docket No. EERE–2012–
                                                                                                                                                                                                                                                           EP03JN15.002</GPH>




                                                      DOE’s rulemaking to develop energy conservation                   BT–STD–0045).



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                                                      31492                  Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                      dimensions currently being considered                   reference in the rule. Alternatively, DOE              developed in this test procedure
                                                      by the AMCA Committee for the                           may also decide to incorporate it by                   rulemaking.
                                                      updated standard have been made                         reference, but with modifications. DOE                    DOE has transmitted a copy of this
                                                      publicly available. The AMCA                            notes that in accordance with the                      IRFA to the Chief Counsel for Advocacy
                                                      Committee is currently considering the                  proposal in section III.B of this SNOPR,               of the Small Business Administration
                                                      following test room dimensions for the                  the room dimensions would only apply                   for review.
                                                      updated standard: (1) Minimum                           to ceiling fans with blade spans greater                  (1) Description of the reasons why
                                                      distance between the ceiling and the                    than seven feet.                                       action by the agency is being
                                                      blades of a ceiling fan being tested shall                                                                     considered.
                                                      be 40% of the ceiling fan blade span; (2)               IV. Procedural Issues and Regulatory
                                                                                                                                                                        A description of the reasons why DOE
                                                      Minimum distance between the floor                      Review
                                                                                                                                                                     is considering this test procedure is
                                                      and the blades of the fan shall be the                  A. Review Under Executive Order 12866                  provided elsewhere in the preamble and
                                                      larger of 80% of the ceiling fan blade                                                                         not repeated here.
                                                      span or 15 feet; and (3) Minimum                           The Office of Management and Budget                    (2) Succinct statement of the
                                                      distance between the centerline of a                    has determined that test procedure                     objectives of, and legal basis for, the
                                                      ceiling fan and walls and/or large                      rulemakings do not constitute                          proposed rule.
                                                      obstructions is 150% of the ceiling fan                 ‘‘significant regulatory actions’’ under                  The objectives of and legal basis for
                                                      blade span. (AMCA, No. 84 4 at p. 2)                    section 3(f) of Executive Order 12866,                 the proposed rule are stated elsewhere
                                                         DOE considered whether the room                      ‘‘Regulatory Planning and Review,’’ 58                 in the preamble and not repeated here.
                                                      dimension requirements expected to be                   FR 51735 (Oct. 4, 1993). Accordingly,                     (3) Description of and, where feasible,
                                                      included in the updated version of                      this regulatory action was not subject to              an estimate of the number of small
                                                      AMCA 230 would limit any                                review under the Executive Order by the                entities to which the proposed rule will
                                                      manufacturers’ access to a test facility                Office of Information and Regulatory                   apply.
                                                      large enough to meet the proposed test                  Affairs (OIRA) in the Office of                           For the manufacturers of the covered
                                                      procedure requirements. DOE notes                       Management and Budget (OMB).                           ceiling fan products, the Small Business
                                                      that, for ceiling fans with blade spans                 B. Review Under the Regulatory                         Administration (SBA) has set a size
                                                      greater than or equal to 10 feet, the                   Flexibility Act                                        threshold, which defines those entities
                                                      minimum distance between the ceiling                                                                           classified as ‘‘small businesses’’ for the
                                                      and the top of the blades and the                          The Regulatory Flexibility Act (5                   purposes of the statute. DOE used the
                                                      minimum distance between the                            U.S.C. 601 et seq.) requires preparation               SBA’s small business size standards to
                                                      centerline of the ceiling fan and walls or              of a regulatory flexibility analysis (RFA)             determine whether any small entities
                                                      large obstructions is greater for the                   for any rule that by law must be                       would be subject to the requirements of
                                                      dimensions suggested by MacroAir and                    proposed for public comment, unless                    the rule. 13 CFR part 121. The size
                                                      the AMCA Committee than for the                         the agency certifies that the rule, if                 standards are listed by North American
                                                      dimensions proposed in the NOPR.                        promulgated, will not have a significant               Industry Classification System (NAICS)
                                                      However, DOE does not believe that                      economic impact on a substantial                       code and industry description and are
                                                      access to test facilities for ceiling fan               number of small entities. As required by               available at: http://www.sba.gov/sites/
                                                      manufacturers is significantly decreased                Executive Order 13272, ‘‘Proper                        default/files/Size_Standards_Table.pdf.
                                                      by the increased test room dimensions                   Consideration of Small Entities in                     Ceiling fan manufacturing is classified
                                                      proposed in this SNOPR relative to the                  Agency Rulemaking,’’ 67 FR 53461                       under NAICS code 335210, ‘‘Small
                                                      test room dimensions proposed in the                    (Aug. 16, 2002), DOE published                         Electrical Appliance Manufacturing’’ or
                                                      NOPR. Therefore, this SNOPR proposes                    procedures and policies on February 19,                NAICS code 333412, ‘‘Industrial and
                                                      that the test room dimensions for ceiling               2003, to ensure that the potential                     Commercial Fan and Blower
                                                      fans with blade spans larger than seven                 impacts of its rules on small entities are             Manufacturing.’’ The SBA sets a
                                                      feet meet the following criteria: (1)                   properly considered during the DOE                     threshold for NAICS classification for
                                                      Minimum distance between the ceiling                    rulemaking process. (68 FR 7990 (Feb.                  335210 and 333412 of 750 employees or
                                                      and the blades of a ceiling fan being                   19, 2003)). DOE has made its procedures                less and 500 employees or less,
                                                      tested shall be 40% of the ceiling fan                  and policies available on the Office of                respectively.5 DOE reviewed ALA’s list
                                                      blade span; (2) Minimum distance                        the General Counsel’s Web site: http://                of ceiling fan manufacturers,6 the
                                                      between the floor and the blades of the                 energy.gov/gc/office-general-counsel.                  ENERGY STAR Product Databases for
                                                      fan shall be the larger of 80% of the                      DOE reviewed this proposed rule                     Ceiling Fans,7 the California Energy
                                                      ceiling fan blade span or 15 feet; and (3)              under the provisions of the Regulatory                 Commission’s Appliance Database for
                                                      Minimum distance between the                            Flexibility Act (RFA) and the policies                 Ceiling Fans,8 and the Federal Trade
                                                      centerline of a ceiling fan and walls                   and procedures published on February                   Commission’s Appliance Energy
                                                      and/or large obstructions is 150% of the                19, 2003. The proposed rule prescribes
                                                      ceiling fan blade span. DOE intends to                  test procedure amendments that would
                                                                                                                                                                        5 U.S. Small Business Administration, Table of

                                                      review the final published version of                                                                          Small Business Size Standards (August 22, 2008)
                                                                                                              be used to determine compliance with                   (Available at: http://www.sba.gov/sites/default/
                                                      AMCA 230 when it is available. If the                   any amended energy conservation                        files/Size_Standards_Table.pdf).
                                                      test room dimensions specified in the                   standards that DOE may prescribe for                      6 The American Lighting Association, list of
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      final version are identical in substance                ceiling fans. DOE has prepared an initial              Manufacturers & Representatives (Available at:
                                                      to the test procedure test room                         regulatory flexibility analysis (IRFA) for             http://www.americanlightingassoc.com/Members/
                                                      requirements DOE has proposed for                                                                              Resources/Manufacturers-Representatives.aspx).
                                                                                                              this rulemaking. The IRFA describes                       7 The U.S. Environmental Protection Agency and
                                                      high-volume ceiling fans, DOE will                      potential impacts on small businesses                  the U.S. Department of Energy, ENERGY STAR
                                                      consider incorporating AMCA 230 by                      associated with ceiling fan testing                    Ceiling Fans—Product Databases for Ceiling Fans
                                                                                                              requirements. DOE seeks comment on                     (Available at: http://www.energystar.gov/products/
                                                        4 This document was submitted to the docket of                                                               certified-products/detail/ceiling-fans).
                                                      DOE’s rulemaking to develop energy conservation
                                                                                                              the discussion below and will develop                     8 The California Energy Commission, Appliance

                                                      standards for ceiling fans (Docket No. EERE–2012–       a final regulatory flexibility analysis                Database for Ceiling Fans (Available at: http://
                                                      BT–STD–0045).                                           (FRFA) for any final test procedures                   www.appliances.energy.ca.gov/QuickSearch.aspx).



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                                                                             Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                             31493

                                                      Database for Ceiling Fans.9 Based on                    reversible. DOE examined all of the                       In the test procedure NOPR, DOE
                                                      this review, using data on the                          ceiling fans that were self-identified as              proposed to: (1) Reinterpret the
                                                      companies for which DOE was able to                     hugger ceiling fans and found that they                statutory definition of a ceiling fan such
                                                      obtain information on the numbers of                    all had fan controls separate from                     that it would include hugger ceiling
                                                      employees, DOE estimates that there are                 lighting controls, were capable of being               fans; the proposed test method for
                                                      between 25 and 35 small business                        operated at more than one speed, and                   hugger ceiling fans would be the same
                                                      manufacturers of low-volume ceiling                     were capable of being operated in                      as the proposed test method for all other
                                                      fans. To determine the number of small                  reverse.                                               low volume ceiling fans; (2) clarify that
                                                      business manufacturers of high-volume                      For high-volume ceiling fans, DOE                   low-volume ceiling fans should be
                                                      ceiling fans, DOE reviewed SBA’s Web                    searched for product specifications on                 tested at low and high speeds; (3)
                                                      site, high-volume ceiling fan                           the Web sites of manufacturers of high-                eliminate the requirement to use a test
                                                      manufacturers Web sites, and company                    volume large-diameter ceiling fans and                 cylinder; and (4) add a test method for
                                                      reports from Hoovers.com, in addition                   from Web sites of retailers of high-                   power consumption in standby mode.
                                                      to speaking with industry experts. Based                volume small-diameter ceiling fans.                       In this SNOPR, DOE proposes to: (1)
                                                      on this review, DOE estimates that there                Only one high-volume ceiling fan model                 Not require testing of a ceiling fan if the
                                                      are between 5 and 10 small business                     was found with a light kit, and the fan                plane of rotation of the ceiling fan’s
                                                      manufacturers of high-volume small-                     controls were separate from the lighting               blades cannot be within 45 degrees of
                                                      diameter ceiling fans and DOE estimates                 controls for that fan. All high-volume                 horizontal; (2) test high-volume small-
                                                      there are between 10 and 15 small                       ceiling fans appeared to be capable of                 diameter ceiling fans based on the
                                                      business manufacturers of high-volume                   operating at more than one speed                       current DOE ceiling fan test procedure;
                                                      large-diameter fans. DOE invites                        (typically with an adjustable speed                    (3) require all ceiling fans with blade
                                                      interested parties to comment on the                    control). High-volume ceiling fans are                 spans less than or equal to seven feet be
                                                      estimated number of small business                      primarily sold for industrial purposes                 mounted directly to the real ceiling
                                                      manufacturers of ceiling fans.                          and are therefore not subject to the                   during testing; (4) increase the number
                                                         (4) Description of the projected                     requirement to be capable of operating                 of speeds at which ceiling fans with
                                                      compliance requirements of the                          in reverse.                                            blade spans greater than seven feet are
                                                      proposed rule.                                             Based on this research, DOE does not                tested, and also clarify the weighting
                                                         In the test procedure NOPR, DOE                      expect any cost of complying with the                  associated with each speed in the
                                                      proposed to reinterpret the statutory                                                                          energy efficiency metric; and (5) update
                                                                                                              design requirements for manufacturers
                                                      definition of a ceiling fan to include                                                                         the test room dimensions for all ceiling
                                                                                                              of hugger or high-volume ceiling fans.
                                                      hugger ceiling fans. DOE also proposed                                                                         fans with blade spans greater than seven
                                                                                                                 DOE proposes measures to limit the
                                                      that high-volume fans meet the                                                                                 feet.
                                                                                                              burden of testing on all manufacturers,                   DOE estimated the cost to test a low-
                                                      definition of a ceiling fan. The proposed               including small business manufacturers,
                                                      changes in interpretation of the ceiling                                                                       volume ceiling fan based on estimates
                                                                                                              while providing a representative                       from third-party testing facilities of the
                                                      fan definition discussed above would                    measurement of ceiling fan efficiency
                                                      result in the applicability of the design                                                                      cost to perform the current ENERGY
                                                                                                              for consumers. Low-volume ceiling fans                 STAR test procedure for ceiling fans,
                                                      standards set forth in EPCA at 42 U.S.C.                (excluding hugger fans) are currently                  which is similar to DOE’s proposed test
                                                      6295(ff)(1) to the following types of fans              required to test at high speed due to                  procedure, and the changes in cost
                                                      30 days after the publication of any final              FTC’s labeling requirement for ceiling                 associated with the key differences
                                                      test procedure adopting such changes in                 fans. As discussed in more detail in the               between the two test procedures. DOE’s
                                                      interpretation:                                         TP NOPR, DOE proposed to specify that                  proposed test procedure for low-volume
                                                         1. Fans suspended from the ceiling                   low speed is to be tested as well as high              ceiling fans differs from the current
                                                      using a downrod or other means of                       speed to have a test procedure that is                 ENERGY STAR test procedure in that it
                                                      suspension such that the fan is not                     representative of typical use. DOE                     (1) requires testing at only two fan
                                                      mounted directly to the ceiling;                        estimates that the cost to test at low                 speeds instead of three, (2) requires
                                                         2. Fans suspended such that they are                 speed, in addition to high speed,                      mounting the ceiling fan to the real
                                                      mounted directly or close to the ceiling;               represents an average additional cost of               ceiling, (3) does not require the use of
                                                         3. Fans sold with the option of being                $87.5 (or $175 per basic model) above                  a test cylinder, (4) requires less warm up
                                                      suspended with or without a downrod;                    the high-speed test cost.                              time before testing at low speed, (5)
                                                      and                                                        DOE notes that if the concurrent                    requires adjusting the height of the air
                                                         4. Fans capable of producing large                   rulemaking regarding energy                            velocity sensors, and (6) requires
                                                      volumes of airflow.                                     conservation standards for ceiling fans                standby-mode testing.
                                                         DOE research indicates that all ceiling              results in efficiency performance                         In aggregate, DOE estimates that these
                                                      fans currently on the market, including                 standards, DOE would require testing                   differences will result in a lower test
                                                      hugger ceiling fans and high-volume                     for certification of two ceiling fans per              cost for the proposed DOE test
                                                      ceiling fans, appear to meet the EPCA                   basic model, the minimum sample size                   procedure for low-volume ceiling fans
                                                      design standards. DOE conducted an                      required by 10 CFR 429.11. To                          when compared to the ENERGY STAR
                                                      analysis of Hansen Wholesale, an online                 determine the potential cost of the                    test procedure for ceiling fans. Testing
                                                      wholesaler that sells over 2000 models                  proposed test procedure on small                       at only two speeds instead of three
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      of ceiling fans, including a wide variety               ceiling fan manufacturers under a                      yields a total test time that is
                                                      of ceiling fan brands. Hansen Wholesale                 potential energy conservation standard                 approximately 35 minutes shorter than
                                                      provides product specifications on its                  for ceiling fans, DOE estimated the cost               the ENERGY STAR test procedure. The
                                                      Web site, including the number of                       of testing two ceiling fans. The cost of               proposed test procedure would also
                                                      speeds and whether a ceiling fan is                     testing was then multiplied over the                   require mounting ceiling fans to the real
                                                        9 The Federal Trade Commission, Appliance
                                                                                                              estimated number of basic models                       ceiling, which would involve a one-time
                                                      Energy Databases for Ceiling Fans (Available at:
                                                                                                              produced by a small manufacturer. The                  lab cost for a mechanism that allows for
                                                      http://www.ftc.gov/bcp/conline/edcams/eande/            estimated cost of testing is discussed in              the adjustment of the height of the air
                                                      appliances/ceilfan.htm).                                further detail below.                                  velocity sensors to keep the distance


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                                                      31494                  Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                      between the bottom of the fan blades                    and estimates from third-party testing                 single-headed high-volume small-
                                                      and the air velocity sensor heads at a                  facilities of the labor costs associated               diameter ceiling fans will be $1525.
                                                      specified vertical distance (43 inches).                with these differences, DOE estimates                     For the approximately 10–15 small
                                                      Based on the materials employed and                     that the test procedure proposed for                   business manufacturers of high-volume
                                                      test quotes from third-party labs, DOE                  standard, hugger and multi-head ceiling                small-diameter ceiling fans that DOE
                                                      estimates the one-time cost to construct                fans will cost $1500 on average per                    identified, the number of basic models
                                                      a mechanism to allow for the                            basic model, once the mechanism for                    produced per manufacturer varies
                                                      adjustment of the height of the air                     the adjustment of the height of the air                significantly from one to approximately
                                                      velocity sensors is less than $2000.                    velocity sensors is constructed.                       30. Therefore, based on the test cost per
                                                      Once the mechanism is constructed, it                   Therefore, DOE estimates that the total                ceiling fan basic model, the testing cost
                                                      can be used to test all low-volume                      weighted average test cost for the                     in the first year would range from
                                                      ceiling fans, and therefore would not                   proposed test procedure and standby                    approximately $1525 to $45,750 for
                                                      add substantial test cost thereafter.                   testing for standard, hugger and multi-                small manufacturers of high-volume
                                                        DOE’s proposed test procedure, which                  head ceiling fans will be $1515. For                   small-diameter ceiling fans. DOE
                                                      would not require use of a test cylinder,               multi-mount ceiling fans, DOE estimates                expects this cost to be lower in
                                                      also eliminates any potential costs                     that the test cost will be approximately               subsequent years because only new or
                                                      associated with purchasing new test                     double the cost for standard, hugger and               redesigned ceiling fan models would
                                                      cylinders. If the test procedure required               multi-head ceiling fans.                               need to be tested.
                                                      the use of test cylinders, then a new                      For the approximately 25–35 small                      DOE estimated the cost to test a high-
                                                      cylinder would be necessary to test any                 business manufacturers of low-volume                   volume large-diameter ceiling fan based
                                                      ceiling fan with a diameter that does not               ceiling fans that DOE identified, the                  on discussions with testing facilities
                                                      correspond to one of the cylinders in a                                                                        capable of performing the AMCA 230
                                                                                                              number of basic models produced per
                                                      test lab’s existing inventory. Based on                                                                        test procedure as well as cost estimates
                                                                                                              manufacturer varies significantly from
                                                      discussions with third-party testing                                                                           based on the time and labor costs
                                                                                                              one to approximately 80. DOE notes that
                                                      facilities, DOE estimates that new test                                                                        necessary to perform the proposed test
                                                                                                              standard, hugger and multi-head ceiling
                                                      cylinders would cost approximately                                                                             procedure on high-volume large-
                                                                                                              fans represent about 95% of basic
                                                      $2000–3000 per cylinder. By not using                                                                          diameter ceiling fans. DOE estimates
                                                                                                              models for low-volume ceiling fans and
                                                      a cylinder, these costs will be avoided.                                                                       that the one-time cost for a lab to buy
                                                                                                              multi-mount ceiling fans represent
                                                      Not requiring a test cylinder also                                                                             a load-cell, a fabricated load-cell frame,
                                                                                                              about 5% of basic models for low-
                                                      shortens the test time of DOE’s proposed                                                                       power meter, and one air velocity sensor
                                                                                                              volume ceiling fans. Therefore, based on
                                                      test procedure relative to ENERGY                                                                              is approximately $4500. DOE estimates
                                                                                                              the test cost per ceiling fan basic model,             that the test procedure proposed in this
                                                      STAR’s test procedure for all low-
                                                                                                              the weighted average testing cost in the               SNOPR for high-volume large-diameter
                                                      volume ceiling fans, because time is not
                                                                                                              first year would range from                            ceiling fans will cost manufacturers on
                                                      required to put a test cylinder in place
                                                                                                              approximately $1515 to $127,243 for                    average $7500 per basic model. Hence,
                                                      for each test (estimated to take 15
                                                                                                              small manufacturers of ceiling fans.                   DOE estimates that the total test cost for
                                                      minutes). Additionally, DOE’s proposed
                                                                                                              DOE expects this cost to be lower in                   the proposed test procedure and
                                                      test procedure only requires 15 minutes
                                                                                                              subsequent years because only new or                   standby testing for a high-volume large-
                                                      of warm up time before testing at low
                                                                                                              redesigned ceiling fan models would                    diameter ceiling fans will be $7,700.
                                                      speed compared to 30 minutes in the
                                                                                                              need to be tested.                                        For the approximately 5–10 small
                                                      ENERGY STAR test procedure, further
                                                      reducing the relative amount of time                       The proposed test method for ceiling                business manufacturers of high-volume
                                                      required for DOE’s proposed test                        fans with blade span less than or equal                large-diameter ceiling fans that DOE
                                                      procedure by 15 minutes. In total, DOE                  to seven feet is also applicable to high-              identified, the number of basic models
                                                      estimates that the typical time to                      volume small-diameter ceiling fans. The                produced per manufacturer varies from
                                                      perform the proposed test procedure                     key differences between the proposed                   one to 30. Therefore, based on the test
                                                      will be shorter by 65 minutes compared                  test method for low-volume ceiling fans                cost per ceiling fan basic model, the
                                                      to ENERGY STAR’s test procedure.                        and high-volume small-diameter ceiling                 testing cost in the first year would range
                                                        The test procedure NOPR proposed to                   fans are that high-volume small-                       from approximately $7700 to $231,000
                                                      add a requirement for standby-mode                      diameter ceiling fans require testing at               for small manufacturers of high-volume
                                                      testing for ceiling fans with standby                   only one fan speed instead of two                      large-diameter ceiling fans. DOE expects
                                                      functionality. A study performed by                     speeds. DOE estimates that the test costs              this cost to be lower in subsequent years
                                                      Lawrence Berkeley National Laboratory                   for high-volume small-diameter fans are                because only new or redesigned ceiling
                                                      found that 7.4% of low-volume ceiling                   reduced by $175 per basic model due to                 fan models would need to be tested.
                                                      fans have standby capability.10 Using                   testing at one speed. Therefore a typical                 DOE used company reports from
                                                      the quotes provided by third-party                      test for a single-headed high-volume                   Hoovers.com, information from
                                                      testing facilities, DOE estimates that the              small-diameter ceiling fan would cost                  manufacturers’ Web sites and feedback
                                                      standby test for all ceiling fans with                  approximately $1325 per basic model.                   from manufacturers to estimate the
                                                      standby functionality will cost $200 per                DOE did not find accurate data on the                  revenue for the small business
                                                      basic model.                                            percentage of high-volume small-                       manufacturers of low and high-volume
                                                                                                              diameter fans with standby capability,                 ceiling fans identified. The median
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                        Based on all of the differences
                                                      between the test procedure proposed                     though DOE located some high-volume                    revenue of the small business
                                                      and the ENERGY STAR test procedure,                     small-diameter fans without standby                    manufacturers of low-volume ceiling
                                                                                                              capability in web searches. To provide                 fans is approximately $15M. Relative to
                                                         10 Kantner, C. L. S., S. J. Young, S. M. Donovan,    a conservative cost estimate, DOE made                 the median revenue for a small business
                                                      and K. Garbesi. Ceiling Fan and Ceiling Fan Light       the assumption that all high-volume                    manufacturer, the total testing cost
                                                      Kit Use in the U.S.—Results of a Survey on Amazon       small-diameter fans should be tested for               ranges from 0.01 percent to 0.85 percent
                                                      Mechanical Turk. 2013. Lawrence Berkeley
                                                      National Laboratory: Berkeley, CA. Report No.
                                                                                                              standby power. DOE estimates that the                  of the median revenue. The median
                                                      LBNL–6332E. http://www.escholarship.org/uc/             total test cost for the proposed test                  revenue of the small business
                                                      item/3r67c1f9.                                          procedure and standby testing for a                    manufacturers of high-volume small-


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                                                                             Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                             31495

                                                      diameter ceiling fans is approximately                  high-volume large-diameter ceiling fans                D. Review Under the National
                                                      $11M. Relative to the median revenue                    currently on the market given the                      Environmental Policy Act of 1969
                                                      for a small business manufacturer of                    number of sensors that would be                          In this proposed rule, DOE proposes
                                                      high-volume ceiling fans, the total                     required to cover ceiling fans 24 feet in              test procedure amendments that it
                                                      testing cost ranges from 0.01 percent to                diameter and the cost of constructing an               expects will be used to develop and
                                                      0.42 percent of the median revenue. The                 appropriate rotating sensor arm.                       implement future energy conservation
                                                      median revenue of the small business                       DOE seeks comment and information                   standards for ceiling fans. DOE has
                                                      manufacturers of high-volume large-                     on any alternative test methods that,                  determined that this rule falls into a
                                                      diameter ceiling fans is approximately                  consistent with EPCA requirements,                     class of actions that are categorically
                                                      $9M. Relative to the median revenue for                 would reduce the economic impact of                    excluded from review under the
                                                      a small business manufacturer of high-                  the rule on small entities. DOE will                   National Environmental Policy Act of
                                                      volume ceiling fans, the total testing                  consider the feasibility of such                       1969 (42 U.S.C. 4321 et seq.) and DOE’s
                                                      cost ranges from 0.09 percent to 2.6                    alternatives and determine whether they                implementing regulations at 10 CFR part
                                                      percent of the median revenue.                          should be incorporated into the final
                                                         For both low and high-volume ceiling                                                                        1021. Specifically, this proposed rule
                                                                                                              rule.                                                  would amend the existing test
                                                      fans, DOE does not expect that small
                                                      manufacturers would necessarily have                    C. Review Under the Paperwork                          procedures without affecting the
                                                      fewer basic models than large                           Reduction Act of 1995                                  amount, quality, or distribution of
                                                      manufacturers, because ceiling fans are                                                                        energy usage, and, therefore, would not
                                                                                                                 All collections of information from                 result in any environmental impacts.
                                                      highly customized throughout the                        the public by a Federal agency must
                                                      industry. A small manufacturer could                                                                           Thus, this rulemaking is covered by
                                                                                                              receive prior approval from OMB. DOE                   Categorical Exclusion A5 under 10 CFR
                                                      have the same total cost of testing as a                has established regulations for the
                                                      large manufacturer, but this cost would                                                                        part 1021, subpart D, which applies to
                                                                                                              certification and recordkeeping                        any rulemaking that interprets or
                                                      be a higher percentage of a small                       requirements for covered consumer
                                                      manufacturer’s annual revenues. DOE                                                                            amends an existing rule without
                                                                                                              products and industrial equipment. 10                  changing the environmental effect of
                                                      requests comments on its analysis of                    CFR part 429, subpart B. Currently, the
                                                      burden to small businesses for testing                                                                         that rule. Accordingly, neither an
                                                                                                              certification requirement for ceiling fans             environmental assessment nor an
                                                      ceiling fans according to the proposed                  only addresses design standards.11 In an
                                                      test procedure.                                                                                                environmental impact statement is
                                                                                                              application to renew the OMB                           required.
                                                         (5) Relevant Federal rules which may
                                                                                                              information collection approval for
                                                      duplicate, overlap or conflict with the                                                                        E. Review Under Executive Order 13132
                                                      proposed rule.                                          DOE’s certification and recordkeeping
                                                         DOE is not aware of any other Federal                requirements, DOE included an                             Executive Order 13132, ‘‘Federalism,’’
                                                      rules that would duplicate, overlap or                  estimated burden for manufacturers of                  64 FR 43255 (Aug. 10, 1999), imposes
                                                      conflict with the rule being proposed.                  ceiling fans in case DOE ultimately                    certain requirements on Federal
                                                         (6) Description of any significant                   issues a coverage determination and sets               agencies formulating and implementing
                                                      alternatives to the proposed rule.                      energy conservation standards for these                policies or regulations that preempt
                                                         DOE considered a number of industry                  products. OMB has approved the                         State law or that have Federalism
                                                      and governmental test procedures that                   revised information collection for DOE’s               implications. The Executive Order
                                                      measure the efficiency of ceiling fans to               certification and recordkeeping                        requires agencies to examine the
                                                      develop the proposed test procedure in                  requirements. 80 FR 5099 (January 30,                  constitutional and statutory authority
                                                      this rulemaking. There appear to be two                 2015). DOE estimated that it will take                 supporting any action that would limit
                                                      common approaches to testing ceiling                    each respondent approximately 30                       the policymaking discretion of the
                                                      fans: An approach based on using air                    hours total per company per year to                    States and to carefully assess the
                                                      velocity sensors to calculate airflow,                  comply with the certification and                      necessity for such actions. The
                                                      such as the current DOE test procedure                  recordkeeping requirements based on 20                 Executive Order also requires agencies
                                                      for ceiling fans, ENERGY STAR’s test                    hours of technician/technical work and                 to have an accountable process to
                                                      procedure, and CAN/CSA–C814–10,                         10 hours clerical work to actually                     ensure meaningful and timely input by
                                                      and an approach based on using a load                   submit the Compliance and Certification                State and local officials in the
                                                      cell to measure thrust, such as AMCA                    Management System (CCMS) templates.                    development of regulatory policies that
                                                      230.                                                    This rulemaking would include                          have Federalism implications. On
                                                         In principle, either approach could be               recordkeeping requirements on                          March 14, 2000, DOE published a
                                                      used to measure the airflow efficiency of               manufacturers that are associated with                 statement of policy describing the
                                                      all ceiling fans, but maintaining                       executing and maintaining the test data                intergovernmental consultation process
                                                      consistency with industry practice                      for these products. DOE notes that the                 it will follow in the development of
                                                      would minimize test burden for all                      certification requirements would be                    such regulations. (65 FR 13735 (Mar. 14,
                                                      ceiling fan manufacturers. Though a                     established in a final rule establishing               2000)). DOE has examined this
                                                      load-cell based approach appears to be                  energy conservation standards for                      proposed rule and has tentatively
                                                      a potentially simpler method of                         ceiling fans. DOE recognizes that                      determined that it would not have a
                                                      estimating airflow efficiency, in                       recordkeeping burden may vary                          substantial direct effect on the States, on
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      industry, low-volume ceiling fans have                  substantially based on company                         the relationship between the national
                                                      historically been tested according to the               preferences and practices. DOE requests                government and the States, or on the
                                                      air-velocity sensor based approach.                     comment on this burden estimate.                       distribution of power and
                                                      High-volume large-diameter ceiling                                                                             responsibilities among the various
                                                      fans, on the other hand, have                             11 DOE collects fan performance information          levels of government. EPCA governs and
                                                      historically been tested according to the               through its Compliance Certification Management        prescribes Federal preemption of State
                                                                                                              System (CCMS) on behalf of the Federal Trade
                                                      load-cell based approach. It also appears               Commission (FTC); however, that data collection is
                                                                                                                                                                     regulations as to energy conservation for
                                                      to be cost-prohibitive to scale up the air-             covered under an OMB Control Number issued to          the products that are the subject of this
                                                      velocity sensor based approach to the                   FTC.                                                   proposed rule. States can petition DOE


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                                                      31496                  Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                      for exemption from such preemption to                   national economy. (2 U.S.C. 1532(a),                   at 67 FR 8452 (Feb. 22, 2002), and
                                                      the extent, and based on criteria, set                  (b)). The UMRA also requires a Federal                 DOE’s guidelines were published at 67
                                                      forth in EPCA. (42 U.S.C. 6297(d)) No                   agency to develop an effective process                 FR 62446 (Oct. 7, 2002). DOE has
                                                      further action is required by Executive                 to permit timely input by elected                      reviewed this proposed rule under the
                                                      Order 13132.                                            officers of State, local, and Tribal                   OMB and DOE guidelines and has
                                                                                                              governments on a proposed ‘‘significant                concluded that it is consistent with
                                                      F. Review Under Executive Order 12988
                                                                                                              intergovernmental mandate,’’ and                       applicable policies in those guidelines.
                                                         Regarding the review of existing                     requires an agency plan for giving notice
                                                      regulations and the promulgation of                                                                            K. Review Under Executive Order 13211
                                                                                                              and opportunity for timely input to
                                                      new regulations, section 3(a) of                        potentially affected small governments                    Executive Order 13211, ‘‘Actions
                                                      Executive Order 12988, ‘‘Civil Justice                  before establishing any requirements                   Concerning Regulations That
                                                      Reform,’’ 61 FR 4729 (Feb. 7, 1996),                    that might significantly or uniquely                   Significantly Affect Energy Supply,
                                                      imposes on Federal agencies the general                 affect them. On March 18, 1997, DOE                    Distribution, or Use,’’ 66 FR 28355 (May
                                                      duty to adhere to the following                         published a statement of policy on its                 22, 2001), requires Federal agencies to
                                                      requirements: (1) Eliminate drafting                    process for intergovernmental                          prepare and submit to OIRA at OMB, a
                                                      errors and ambiguity; (2) write                         consultation under UMRA. (62 FR                        Statement of Energy Effects for any
                                                      regulations to minimize litigation; (3)                 12820 (Mar. 18, 1997)). (This policy is                proposed significant energy action. A
                                                      provide a clear legal standard for                      also available at http://energy.gov/gc/                ‘‘significant energy action’’ is defined as
                                                      affected conduct rather than a general                  office-general-counsel.) DOE examined                  any action by an agency that
                                                      standard; and (4) promote simplification                this proposed rule according to UMRA                   promulgates or is expected to lead to
                                                      and burden reduction. Regarding the                     and its statement of policy and has                    promulgation of a final rule, and that:
                                                      review required by section 3(a), section                tentatively determined that the rule                   (1) Is a significant regulatory action
                                                      3(b) of Executive Order 12988                           contains neither an intergovernmental                  under Executive Order 12866, or any
                                                      specifically requires that Executive                    mandate, nor a mandate that may result                 successor order; and (2) is likely to have
                                                      agencies make every reasonable effort to                in the expenditure by State, local, and                a significant adverse effect on the
                                                      ensure that the regulation: (1) Clearly                 Tribal governments, in the aggregate, or               supply, distribution, or use of energy; or
                                                      specifies the preemptive effect, if any;                by the private sector, of $100 million or              (3) is designated by the Administrator of
                                                      (2) clearly specifies any effect on                     more in any year. Accordingly, no                      OIRA as a significant energy action. For
                                                      existing Federal law or regulation; (3)                 further assessment or analysis is                      any proposed significant energy action,
                                                      provides a clear legal standard for                     required under UMRA.                                   the agency must give a detailed
                                                      affected conduct while promoting                                                                               statement of any adverse effects on
                                                      simplification and burden reduction; (4)                H. Review Under the Treasury and                       energy supply, distribution, or use
                                                      specifies the retroactive effect, if any; (5)           General Government Appropriations                      should the proposal be implemented,
                                                      adequately defines key terms; and (6)                   Act, 1999                                              and of reasonable alternatives to the
                                                      addresses other important issues                          Section 654 of the Treasury and                      action and their expected benefits on
                                                      affecting clarity and general                           General Government Appropriations                      energy supply, distribution, and use.
                                                      draftsmanship under any guidelines                      Act, 1999 (Pub. L. 105–277) requires                      This regulatory action to amend the
                                                      issued by the Attorney General. Section                 Federal agencies to issue a Family                     test procedure for measuring the energy
                                                      3(c) of Executive Order 12988 requires                  Policymaking Assessment for any rule                   efficiency of ceiling fans is not a
                                                      Executive agencies to review regulations                that may affect family well-being. This                significant regulatory action under
                                                      in light of applicable standards in                     rule would not have any impact on the                  Executive Order 12866 or any successor
                                                      sections 3(a) and 3(b) to determine                     autonomy or integrity of the family as                 order. Moreover, it would not have a
                                                      whether they are met or it is                           an institution. Accordingly, DOE has                   significant adverse effect on the supply,
                                                      unreasonable to meet one or more of                     concluded that it is not necessary to                  distribution, or use of energy, nor has it
                                                      them. DOE has completed the required                    prepare a Family Policymaking                          been designated as a significant energy
                                                      review and tentatively determined that,                 Assessment.                                            action by the Administrator of OIRA.
                                                      to the extent permitted by law, the                                                                            Therefore, it is not a significant energy
                                                      proposed rule meets the relevant                        I. Review Under Executive Order 12630                  action, and, accordingly, DOE has not
                                                      standards of Executive Order 12988.                        Pursuant to Executive Order 12630,                  prepared a Statement of Energy Effects
                                                                                                              ‘‘Governmental Actions and Interference                for this rulemaking.
                                                      G. Review Under the Unfunded
                                                                                                              with Constitutionally Protected Property
                                                      Mandates Reform Act of 1995                                                                                    L. Review Under Section 32 of the
                                                                                                              Rights,’’ 53 FR 8859 (Mar. 18, 1988),
                                                        Title II of the Unfunded Mandates                                                                            Federal Energy Administration Act of
                                                                                                              DOE has determined that this proposed
                                                      Reform Act of 1995 (UMRA) requires                                                                             1974
                                                                                                              regulation would not result in any
                                                      each Federal agency to assess the effects               takings that might require compensation                   Under section 301 of the Department
                                                      of Federal regulatory actions on State,                 under the Fifth Amendment to the U.S.                  of Energy Organization Act (Pub. L. 95–
                                                      local, and Tribal governments and the                   Constitution.                                          91; 42 U.S.C. 7101 et seq.), DOE must
                                                      private sector. Public Law 104–4, sec.                                                                         comply with all laws applicable to the
                                                      201 (codified at 2 U.S.C. 1531). For a                  J. Review Under Treasury and General                   former Federal Energy Administration,
                                                      proposed regulatory action likely to                    Government Appropriations Act, 2001                    including section 32 of the Federal
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                                                      result in a rule that may cause the                        Section 515 of the Treasury and                     Energy Administration Act of 1974
                                                      expenditure by State, local, and Tribal                 General Government Appropriations                      (Pub. L. 93–275), as amended by the
                                                      governments, in the aggregate, or by the                Act, 2001 (44 U.S.C. 3516 note) provides               Federal Energy Administration
                                                      private sector of $100 million or more                  for Federal agencies to review most                    Authorization Act of 1977 (Pub. L. 95–
                                                      in any one year (adjusted annually for                  disseminations of information to the                   70). (15 U.S.C. 788; FEAA) Section 32
                                                      inflation), section 202 of UMRA requires                public under information quality                       essentially provides in relevant part
                                                      a Federal agency to publish a written                   guidelines established by each agency                  that, where a proposed rule authorizes
                                                      statement that estimates the resulting                  pursuant to general guidelines issued by               or requires use of commercial standards,
                                                      costs, benefits, and other effects on the               OMB. OMB’s guidelines were published                   the notice of proposed rulemaking must


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                                                                             Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                            31497

                                                      inform the public of the use and                        of ceiling fans capable of standby mode                comment tracking number that
                                                      background of such standards. In                        operation. IEC 62301 is readily available              regulations.gov provides after you have
                                                      addition, section 32(c) requires DOE to                 on IEC’s Web site at http://                           successfully uploaded your comment.
                                                      consult with the Attorney General and                   webstore.iec.ch/.                                         Submitting comments via email, hand
                                                      the Chairman of the FTC concerning the                                                                         delivery, or mail. Comments and
                                                                                                              V. Public Participation                                documents submitted via email, hand
                                                      impact of the commercial or industry
                                                      standards on competition.                               A. Submission of Comments                              delivery, or mail also will be posted to
                                                        This proposed rule would incorporate                                                                         regulations.gov. If you do not want your
                                                                                                                 DOE will accept comments, data, and
                                                      testing methods contained in the                                                                               personal contact information to be
                                                                                                              information regarding this proposed
                                                      following commercial standard: ANSI/                                                                           publicly viewable, do not include it in
                                                                                                              rule no later than the date provided in
                                                      AMCA Standard 230–12, ‘‘Laboratory                                                                             your comment or any accompanying
                                                                                                              the DATES section at the beginning of
                                                      Methods of Testing Air Circulating Fans                                                                        documents. Instead, provide your
                                                      for Rating and Certification.’’ The                     this proposed rule. Interested parties                 contact information on a cover letter.
                                                      Department has evaluated this standard                  may submit comments using any of the                   Include your first and last names, email
                                                      and is unable to conclude whether it                    methods described in the ADDRESSES                     address, telephone number, and
                                                      fully complies with the requirements of                 section at the beginning of this SNOPR.                optional mailing address. The cover
                                                      section 32(b) of the FEAA, (i.e., that it                  Submitting comments via                             letter will not be publicly viewable as
                                                      was developed in a manner that fully                    regulations.gov. The regulations.gov                   long as it does not include any
                                                      provides for public participation,                      Web page will require you to provide                   comments.
                                                      comment, and review). DOE will                          your name and contact information.                        Include contact information each time
                                                      consult with the Attorney General and                   Your contact information will be                       you submit comments, data, documents,
                                                      the Chairman of the FTC concerning the                  viewable to DOE Building Technologies                  and other information to DOE. If you
                                                      impact on competition of requiring                      staff only. Your contact information will              submit via mail or hand delivery, please
                                                      manufacturers to use the test methods                   not be publicly viewable except for your               provide all items on a CD, if feasible. It
                                                      contained in this standard prior to                     first and last names, organization name                is not necessary to submit printed
                                                      prescribing a final rule.                               (if any), and submitter representative                 copies. No facsimiles (faxes) will be
                                                                                                              name (if any). If your comment is not                  accepted.
                                                      M. Description of Material Incorporated                 processed properly because of technical                   Comments, data, and other
                                                      by Reference                                            difficulties, DOE will use this                        information submitted to DOE
                                                         In this SNOPR, DOE proposes to                       information to contact you. If DOE                     electronically should be provided in
                                                      incorporate by reference the test                       cannot read your comment due to                        PDF (preferred), Microsoft Word or
                                                      standard published by ANSI/AMCA,                        technical difficulties and cannot contact              Excel, WordPerfect, or text (ASCII) file
                                                      titled ‘‘Air Movement and Control                       you for clarification, DOE may not be                  format. Provide documents that are
                                                      Association Laboratory Methods of                       able to consider your comment.                         written in English, free of any defects or
                                                      Testing Air Circulating Fans for Rating                    However, your contact information                   viruses, and not secured. Documents
                                                      and Certification,’’ ANSI/AMCA 230–                     will be publicly viewable if you include               should not contain special characters or
                                                      12. ANSI/AMCA 230–12 is an industry                     it in the comment or in any documents                  any form of encryption and, if possible,
                                                      accepted test standard that specifies test              attached to your comment. Any                          they should carry the electronic
                                                      methods for ceiling fans with blade                     information that you do not want to be                 signature of the author.
                                                      spans less than six feet (and other air                 publicly viewable should not be                           Campaign form letters. Please submit
                                                      circulating fans) and is applicable to                  included in your comment, nor in any                   campaign form letters by the originating
                                                      products sold in North America. The                     document attached to your comment.                     organization in batches of between 50 to
                                                      test procedures proposed in this SNOPR                  Persons viewing comments will see only                 500 form letters per PDF or as one form
                                                      reference ANSI/AMCA 230–12 for the                      first and last names, organization                     letter with a list of supporters’ names
                                                      test apparatus and instructions for                     names, correspondence containing                       compiled into one or more PDFs. This
                                                      testing ceiling fans, as specified in                   comments, and any documents                            reduces comment processing and
                                                      Section 3 (‘‘Units of Measurement’’),                   submitted with the comments.                           posting time.
                                                      Section 4 (‘‘Symbols and Subscripts’’),                    Do not submit to regulations.gov                       Confidential Business Information.
                                                      Section 5 (‘‘Definitions’’), Section 6                  information for which disclosure is                    According to 10 CFR 1004.11, any
                                                      (‘‘Instruments and Methods of                           restricted by statute, such as trade                   person submitting information that he
                                                      Measurement’’), and Section 7                           secrets and commercial or financial                    or she believes to be confidential and
                                                      (‘‘Equipment and Setups’’) of ANSI/                     information (hereinafter referred to as                exempt by law from public disclosure
                                                      AMCA 230–12. ANSI/AMCA 230–12 is                        Confidential Business Information                      should submit via email, postal mail, or
                                                      readily available on AMCA’s Web site at                 (CBI)). Comments submitted through                     hand delivery two well-marked copies:
                                                      http://www.amca.org/store/.                             regulations.gov cannot be claimed as                   one copy of the document marked
                                                         DOE also proposes to incorporate by                  CBI. Comments received through the                     confidential including all the
                                                      reference the test standard published by                Web site will waive any CBI claims for                 information believed to be confidential,
                                                      IEC, titled ‘‘Household electrical                      the information submitted. For                         and one copy of the document marked
                                                      appliances—Measurement of standby                       information on submitting CBI, see the                 non-confidential with the information
                                                      power,’’ IEC 62301 (Edition 2.0). IEC                   Confidential Business Information                      believed to be confidential deleted.
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                                                      62301 is an industry accepted test                      section.                                               Submit these documents via email or on
                                                      standard that specifies methods for                        DOE processes submissions made                      a CD, if feasible. DOE will make its own
                                                      measuring the standby mode power of                     through regulations.gov before posting.                determination about the confidential
                                                      electrical products and is applicable to                Normally, comments will be posted                      status of the information and treat it
                                                      products sold in North America. The                     within a few days of being submitted.                  according to its determination.
                                                      test procedures proposed in this SNOPR                  However, if large volumes of comments                     Factors of interest to DOE when
                                                      reference sections of IEC 62301 that                    are being processed simultaneously,                    evaluating requests to treat submitted
                                                      address test conditions and procedures                  your comment may not be viewable for                   information as confidential include: (1)
                                                      for measuring the standby mode power                    up to several weeks. Please keep the                   A description of the items; (2) whether


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                                                      31498                  Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                      and why such items are customarily                      time spent at each speed for high-                     information, Energy conservation,
                                                      treated as confidential within the                      volume small-diameter ceiling fans.                    Household appliances, Imports,
                                                      industry; (3) whether the information is                  4. DOE seeks comment on the                          Incorporation by reference,
                                                      generally known by or available from                    percentage of high-volume small                        Intergovernmental relations, Small
                                                      other sources; (4) whether the                          diameter ceiling fans that come with                   businesses.
                                                      information has previously been made                    standby capability.                                      Issued in Washington, DC, on May 26,
                                                      available to others without obligation                    5. DOE seeks comment on its proposal                 2015.
                                                      concerning its confidentiality; (5) an                  to mount all ceiling fans with blade                   Kathleen B. Hogan,
                                                      explanation of the competitive injury to                spans less than or equal to seven feet to              Deputy Assistant Secretary for Energy
                                                      the submitting person which would                       the real ceiling during testing.                       Efficiency, Energy Efficiency and Renewable
                                                      result from public disclosure; (6) when                   6. DOE seeks comment on its proposal                 Energy.
                                                      such information might lose its                         to test all ceiling fans with blade spans
                                                      confidential character due to the                       greater than seven feet at five equally-                 For the reasons stated in the
                                                      passage of time; and (7) why disclosure                 spaced speeds, specifically 20%, 40%,                  preamble, DOE proposes to amend parts
                                                      of the information would be contrary to                 60%, 80% and 100% of maximum                           429 and 430 of Chapter II, Subchapter
                                                      the public interest.                                    speed achievable. DOE also specifically                D of Title 10, Code of Federal
                                                         It is DOE’s policy that all comments                 seeks information on whether there are                 Regulations, as set forth below:
                                                      may be included in the public docket,                   any ceiling fans with blade spans greater
                                                      without change and as received,                         than seven feet for which the proposed                 PART 429—CERTIFICATION,
                                                      including any personal information                      test procedure in this SNOPR could not                 COMPLIANCE, AND ENFORCEMENT
                                                      provided in the comments (except                        be applied (i.e., any ceiling fans larger              FOR CONSUMER PRODUCTS AND
                                                      information deemed to be exempt from                    than seven feet in diameter that could                 COMMERCIAL AND INDUSTRIAL
                                                      public disclosure).                                     not achieve the five speeds specified).                EQUIPMENT
                                                      B. Issues on Which DOE Seeks Comment                      7. DOE seeks comment on the
                                                                                                              proposed daily hours of use for ceiling                ■ 1. The authority citation for part 429
                                                        Although DOE welcomes comments                        fans larger than seven feet in diameter.               continues to read as follows:
                                                      on any aspect of this proposal, DOE is                    8. DOE seeks comment on its proposal                     Authority: 42 U.S.C. 6291–6317.
                                                      particularly interested in receiving
                                                                                                              to harmonize the test room dimensions                  ■ 2. Section 429.32 is amended by
                                                      comments and views of interested
                                                                                                              for testing high-volume large-diameter                 revising paragraph (a) to read as follows:
                                                      parties concerning the following issues:
                                                        1. Instead of specifically defining ‘‘air             ceiling fans with the dimensions
                                                      circulator’’ and exempting air                          expected to be set forth in an updated                 § 429.32    Ceiling fans.
                                                      circulators from the test procedure, DOE                version of AMCA 230.                                      (a) Determination of represented
                                                      proposes to not subject a ceiling fan to                VI. Approval of the Office of the                      value. Manufacturers must determine
                                                      the test procedure if the plane of                      Secretary                                              the represented value, which includes
                                                      rotation of the ceiling fan’s blades                                                                           the certified rating, for each basic model
                                                                                                                The Secretary of Energy has approved                 of ceiling fan by testing, in conjuction
                                                      cannot be within 45 degrees of
                                                                                                              publication of this proposed rule.                     with the following sampling provisions:
                                                      horizontal. DOE requests comment on
                                                      this approach.                                          List of Subjects                                          (1) The requirements of § 429.11 are
                                                        2. DOE seeks comment on its proposal                                                                         applicable to ceiling fans; and
                                                      to test high-volume small-diameter                      10 CFR Part 429
                                                                                                                                                                        (2) For each basic model of ceiling fan
                                                      ceiling fans based on the low-volume                      Confidential business information,
                                                                                                                                                                     selected for testing, a sample of
                                                      ceiling fans test procedures proposed in                Energy conservation, Household
                                                                                                                                                                     sufficient size shall be randomly
                                                      the NOPR, with the distinction that                     appliances, Imports, Reporting and
                                                                                                                                                                     selected and tested to ensure that—
                                                      high-volume small-diameter ceiling fans                 recordkeeping requirements.
                                                      would be tested at only high speed.                                                                               (i) Any represented value of the
                                                        3. DOE seeks comment and any                          10 CFR Part 430                                        efficiency or airflow shall be less than
                                                      available data on average daily hours of                  Administrative practice and                          or equal to the lower of:
                                                      use, fan speeds utilized, and fraction of               procedure, Confidential business                          (A) The mean of the sample, where:




                                                      And x̄ is the sample mean; n is the                       (B) The lower 90 percent confidence
                                                         number of samples; and xi is the ith                 limit (LCL) of the true mean divided by
                                                         sample; or                                           0.9, where:
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                                                                                                                                                                                                                   EP03JN15.005</GPH>




                                                      And x̄ is the sample mean; s is the                           t statistic for a 90% one-tailed                         degrees of freedom (from Appendix
                                                         sample standard deviation; n is the                        confidence interval with n-1                             A to this subpart); and
                                                         number of samples; and t0.90 is the
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                                                                                     Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                                                              31499

                                                        (ii) Any represented value of the                                          (A) The mean of the sample, where:
                                                      wattage shall be greater than or equal to
                                                      the higher of:




                                                      And x̄ is the sample mean; n is the                                        (B) The upper 95 percent confidence
                                                         number of samples; and xi is the ith                                  limit (UCL) of the true mean divided by
                                                         sample; or                                                            1.1, where:




                                                      And x̄ is the sample mean; s is the                                      ■ 4. Section 430.2 is amended by adding                                  maximum airflow volume greater than
                                                         sample standard deviation; n is the                                   the definitions for ‘‘High-volume ceiling                                5,000 CFM.
                                                         number of samples; and t0.95 is the                                   fan,’’ ‘‘Hugger ceiling fan,’’ ‘‘Low-                                    *      *      *    *     *
                                                         t statistic for a 95% one-tailed                                      volume ceiling fan,’’ ‘‘Multi-mount                                         Hugger ceiling fan means a ceiling fan
                                                         confidence interval with n-1                                          ceiling fan,’’ and ‘‘Standard ceiling fan’’                              where the lowest point on the fan blades
                                                         degrees of freedom (from Appendix                                     in alphabetical order to read as follows:                                is no more than ten inches from the
                                                         A to this subpart).                                                   § 430.2       Definitions.
                                                                                                                                                                                                        ceiling.
                                                      *    *      *     *    *                                                 *      *     *      *    *                                               *      *      *    *     *
                                                                                                                                                                                                           Low-volume ceiling fan means a
                                                      PART 430—ENERGY CONSERVATION                                                High-volume ceiling fan means a                                       ceiling fan that:
                                                      PROGRAM FOR CONSUMER                                                     ceiling fan that:                                                           (1) Is less than or equal to 7 feet in
                                                      PRODUCTS                                                                    (1) Is greater than 7 feet in diameter;                               diameter; and
                                                                                                                               or                                                                          (2) Has a blade thickness greater than
                                                      ■ 3. The authority citation for part 430                                    (2) Has a blade thickness of less than                                or equal to 3.2 mm at the edge and a
                                                      continues to read as follows:                                            3.2 mm at the edge or a maximum tip                                      maximum tip speed less than or equal
                                                        Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
                                                                                                                               speed that exceeds the threshold in the                                  to the limit in the table in this
                                                      2461 note.
                                                                                                                               table in the definition of low-volume                                    definition, or has a maximum airflow
                                                                                                                               ceiling fan in this section and has a                                    volume less than or equal to 5,000 CFM.

                                                                                                             LOW-VOLUME CEILING FANS, 7 FEET OR LESS IN DIAMETER
                                                                                                                                                            Thickness (t) of edges of blades                          Maximum speed at tip of blades
                                                                                          Airflow direction
                                                                                                                                                                    mm                        inch                          m/s          feet per minute

                                                      Downward-only ..............................................................................        4.8 > t   ≥ 3.2 ......        3/16 > t   ≥ 1/8 ....                     16.3              3,200
                                                      Downward-only ..............................................................................        t ≥ 4.8   ...............     t ≥ 3/16   .............                  20.3              4,000
                                                      Reversible ......................................................................................   4.8 > t   ≥ 3.2 ......        3/16 > t   ≥ 1/8 ....                     12.2              2,400
                                                      Reversible ......................................................................................   t ≥ 4.8   ...............     t ≥ 3/16   .............                  16.3              3,200



                                                      *     *     *     *    *                                                 § 430.3 Materials incorporated by                                        § 430.23 Test procedures for the
                                                         Multi-mount ceiling fan means a                                       reference.                                                               measurement of energy and water
                                                      ceiling fan that can be mounted in both                                  *     *     *    *      *                                                consumption.
                                                      the standard and hugger ceiling fan                                        (d) * * *                                                              *     *      *    *     *
                                                      configurations.                                                                                                                                     (w) Ceiling fans. The efficiency of a
                                                                                                                                 (20) ANSI/AMCA 230–12 (‘‘AMCA
                                                      *     *     *     *    *                                                 230’’), Air Movement and Control                                         ceiling fan, expressed in cubic feet per
                                                         Standard ceiling fan means a ceiling                                  Association Laboratory Methods of                                        minute per watt (CFM/watt), shall be
                                                      fan where the lowest point on the fan                                    Testing Air Circulating Fans for Rating                                  measured in accordance with sections
                                                      blades is more than ten inches from the                                                                                                           2.3, 2.5, 2.6 and 3 of appendix U to this
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                                                                                                                               and Certification, approved February 22,
                                                      ceiling.                                                                 2012, IBR approved for appendix U to                                     subpart.
                                                      *     *     *     *    *                                                 subpart B of this part.                                                  *     *      *    *     *
                                                      ■ 5. Section 430.3 is amended by:                                        *     *     *    *      *                                                ■ 7. Appendix U to subpart B of part
                                                                                                                                                                                                                                                            EP03JN15.007</GPH>




                                                      ■ a. Adding paragraph (d)(20); and                                                                                                                430 is revised to read as follows:
                                                                                                                               ■ 6. Section 430.23 is amended by
                                                      ■ b. Removing in paragraph (p)(4), ‘‘and                                 revising paragraph (w) to read as
                                                      X to subpart B’’ and adding in its place,                                follows:
                                                      ‘‘U, and X to subpart B of this part’’.
                                                         The addition reads as follows:
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                                                      31500                  Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                      Appendix U to Subpart B of Part 430—                       1.9. Multi-head ceiling fan means a ceiling            2.2.1. Air Delivery Room Requirements
                                                      Uniform Test Method for Measuring the                   fan with more than one fan head, i.e., more               The air delivery room dimensions are to be
                                                      Energy Consumption of Ceiling Fans                      than one set of rotating fan blades.                   20 ±0.75 ft. × 20 ±0.75 ft. with an 11 ±0.75
                                                                                                                 1.10. Total airflow means the sum of the            ft. high ceiling. The control room shall be
                                                         Prior to [DATE 180 DAYS AFTER                        product of airflow and hours of operation at           constructed external to the air delivery room.
                                                      PUBLICATION OF THE FINAL RULE IN                        all tested speeds.                                        The ceiling shall be constructed of sheet
                                                      THE FEDERAL REGISTER], manufacturers                       2. General Instructions, Test Apparatus,            rock or stainless plate. The walls shall be of
                                                      must make any representations with respect              and Test Measurement:                                  adequate thickness to maintain the specified
                                                      to the energy use or efficiency of ceiling fans,           General instructions apply to                       temperature and humidity during the test.
                                                      except hugger ceiling fans, multi-mount                 characterizing the energy performance of               The paint used on the walls, as well as the
                                                      ceiling fans in the hugger configuration, and           both low-volume and high-volume ceiling                wall material, must be of a type that
                                                      high-volume ceiling fans, as defined in 10              fans. The test apparatus and test                      minimizes absorption of humidity and that
                                                      CFR 430.2 in accordance with the results of             measurement used to characterize energy                keeps the temperature of the room constant
                                                      testing pursuant to this appendix or the                performance depend on the ceiling fan’s                during the test (e.g., oil-based paint).
                                                      procedures in appendix U as it appeared at              blade span and, if the blade span is less than            The room shall have no ventilation other
                                                      10 CFR part 430, subpart B, appendix U, in              or equal to seven feet, whether the ceiling fan        than an air conditioning and return system
                                                      the 10 CFR parts 200 to 499 edition revised             is low-volume or high-volume. If the plane of
                                                                                                                                                                     used to control the temperature and humidity
                                                      as of January 1, 2015. On or after [DATE 180            rotation of a ceiling fan’s blades is not less
                                                                                                                                                                     of the room. The construction of the room
                                                      DAYS AFTER DATE OF PUBLICATION OF                       than or equal to 45 degrees from horizontal,
                                                                                                                                                                     must ensure consistent air circulation
                                                      THE FINAL RULE], manufacturers of ceiling               or cannot be adjusted based on the
                                                                                                                                                                     patterns within the room. Vents must have
                                                                                                              manufacturer’s specifications to be less than
                                                      fans must make any representations with                                                                        electronically-operated damper doors
                                                                                                              or equal to 45 degrees from horizontal, the
                                                      respect to energy use or efficiency in                                                                         controllable from a switch outside of the
                                                                                                              ceiling fan is not subject to these test
                                                      accordance with the results of testing                                                                         testing room.
                                                                                                              procedures.
                                                      pursuant to this appendix.                                                                                        2.2.2. Equipment Set-Up
                                                                                                                 2.1. General instructions
                                                         1. Definitions:                                                                                                Hang the ceiling fan to be tested directly
                                                                                                                 Record measurements at the resolution of
                                                         1.1. Airflow means the rate of air                   the test instrumentation. Round off                    from the ceiling, according to the
                                                      movement at a specific fan-speed setting                calculations to the same number of                     manufacturer’s installation instructions. All
                                                      expressed in cubic feet per minute (CFM).               significant digits as the previous step. Round         standard and hugger ceiling fans shall be
                                                         1.2. Ceiling fan efficiency means the ratio          the final ceiling fan efficiency value to the          hung in the fan configuration that minimizes
                                                      of the total airflow to the total power                 nearest whole number as follows:                       the distance between the ceiling and the fan
                                                      consumption, in units of cubic feet per                    2.1.1. A fractional number at or above the          blades. Multi-mount fans shall be hung and
                                                      minute per watt (CFM/W).                                midpoint between the two consecutive whole             tested in two configurations: In the
                                                         1.3. High speed means the highest                    numbers shall be rounded up to the higher              configuration that meets the definition of a
                                                      available ceiling fan speed.                            of the two whole numbers; or                           standard ceiling fan, while minimizing the
                                                         1.4. 20% speed means the ceiling fan speed              2.1.2. A fractional number below the                distance the ceiling and the lowest part of the
                                                      at which the blade revolutions per minute               midpoint between the two consecutive whole             fan blades; and in the configuration that
                                                      (RPM) are measured to be 20% of the blade               numbers shall be rounded down to the lower             meets the definition of a hugger ceiling fan,
                                                      RPM measured at high speed.                             of the two whole numbers.                              while minimizing the distance between the
                                                         1.5. 40% speed means the ceiling fan speed              For multi-head ceiling fans, the effective          ceiling and the lowest part of the fan blades.
                                                      at which the blade RPM are measured to be               blade span is the blade span of an individual             With the ceiling fan installed, adjust the
                                                      40% of the blade RPM measured at high                   fan head, if all fan heads are the same size.          height of the air velocity sensors to ensure
                                                      speed.                                                  If the fan heads are of varying sizes, the             the vertical distance between the lowest
                                                         1.6. 60% speed means the ceiling fan speed           effective blade span is the blade span of the          point on the ceiling fan blades and the air
                                                      at which the blade RPM are measured to be               largest fan head.                                      velocity sensors is 43 inches.
                                                      60% of the blade RPM measured at high                      2.2. Test apparatus for ceiling fans with a            Either a rotating sensor arm or four fixed
                                                      speed.                                                  blade span less than or equal to seven feet:           sensor arms can be used to take airflow
                                                         1.7. 80% speed means the ceiling fan speed              All instruments are to have tolerances              measurements along four axes, labeled A–D.
                                                      at which the blade RPM are measured to                  within ±1% of reading, except for the air              Axes A, B, C, and D are at 0, 90, 180, and
                                                      be80% of the blade RPM measured at high                 velocity sensors, which should have                    270 degree positions. Axes A–D can be
                                                      speed.                                                  tolerances within ±5% of reading. Equipment            designated either by using the four walls or
                                                         1.8. Low speed means the lowest available            is to be calibrated at least once a year to            four corners of the room. See Figure 1 of this
                                                      ceiling fan speed.                                      compensate for variation over time.                    appendix.
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                                                                             Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                                31501




                                                        The amount of exposed wiring must be                  with the first sensor at the point where the           span of the ceiling fan being tested. A proper
                                                      minimized. All sensor lead wires must be                four axes intersect. Do not touch the actual           experimental set-up is shown in Figure 2 of
                                                      stored under the floor, if possible.                    sensor prior to testing. Enough sensors shall          this appendix.
                                                        The sensors shall be placed at exactly                be used to record air delivery within a circle
                                                      4-inch intervals along a sensor arm, starting           8 inches larger in diameter than the blade
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                                                      31502                            Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                         Table 1 of this appendix shows the                                      2.3. Active mode test measurement for               these data as well. If using four fixed sensor
                                                      appropriate number of sensors needed per                                ceiling fans with blade spans less than or             arms, the readings for all sensor arms should
                                                      each of four axes (including the first sensor                           equal to seven feet.                                   be taken simultaneously.
                                                      at the intersection of the axes) for each fan                              2.3.1. Test conditions to be followed when             Step 8: Repeat steps 3 through 7 above on
                                                      size.                                                                   testing:                                               low fan speed for low-volume ceiling fans.
                                                                                                                                 • The temperature and humidity setting              Note: Ensure that temperature and humidity
                                                       TABLE 1 TO APPENDIX U TO SUBPART                                       shall be 76 degrees ±2 degrees Fahrenheit              readings are held within the required
                                                                                                                              and 50% ±5% relative humidity. These shall             tolerances for the duration of the test (all
                                                        B OF PART 430: SENSOR SELEC-                                          be held constant during the entire test                tested speeds). It may be helpful to turn on
                                                        TION GUIDE                                                            process.                                               environmental conditioning equipment
                                                                                                                                 • Allow the sensors to be turned on and             between test sessions to ready the room for
                                                                 Fan blade span *                             Number of       the fan to run for 15 minutes at each fan              the following speed test.
                                                                     (inches)                                  sensors        speed/setting before taking readings.                     Step 9: If testing a multi-mount ceiling fan,
                                                                                                                                 • If present, the ceiling fan light fixture is      repeat steps 1 through 8 with the ceiling fan
                                                      36   ..............................................                 6   to be installed but turned off during testing.         hung in the configuration (either hugger or
                                                      42   ..............................................                 7      • If present, any heater is to be installed
                                                      44   ..............................................                 7                                                          standard) not already tested.
                                                                                                                              but turned off during testing.
                                                                                                                                                                                        If a multi-head ceiling fan includes more
                                                      48   ..............................................                 7      • The tests shall be conducted with the fan
                                                      52   ..............................................                 8   connected to a supply circuit with a voltage           than one type of ceiling fan head, then test
                                                      54   ..............................................                 8   of (a) 120 V for fans rated on the nameplate           at least one of each unique type. A fan head
                                                      56   ..............................................                 8   from 105 to 125 V; and (b) 240 V for fans              with different construction that could affect
                                                      60   ..............................................                 9   rated on the nameplate from 208 to 250 V.              air movement or power consumption, such as
                                                      72   ..............................................                10   The test voltage shall not vary by more than           housing, blade pitch, or motor, would
                                                                                                                              ±1% during the tests.                                  constitute a different type of fan head.
                                                        * The fan sizes listed are intended simply to                            • The test shall be conducted with the fan             Measure power input at a point that
                                                      be illustrative and do not restrict which ceiling                                                                              includes all power-consuming components of
                                                      fan sizes can be tested.                                                connected to a supply circuit at the rated
                                                                                                                              frequency.                                             the ceiling fan (but without any attached
                                                         An RPM (revolutions per minute) meter, or                               • Air conditioning vents shall be closed            light kit or heater energized). Measure power
                                                      tachometer, should be installed so that the                             during testing.                                        continuously at the rated voltage that
                                                      RPM of the ceiling fan blades can be                                       2.3.2. Airflow and Power Consumption                represents normal operation over the time
                                                      measured during testing.                                                Testing Procedure:                                     period for which the airflow test is
                                                         Use an RMS sensor capable of measuring                                  Measure the airflow (CFM) and power                 conducted for each speed, and record the
                                                      power with an accuracy of ±1% to measure                                consumption (watt) for low-volume ceiling              average value of the power measurement at
                                                      ceiling fan power consumption. Prior to                                 fans at high and low speed. For high-volume            that speed in watts (W).
                                                      testing, the test laboratory must verify the                            ceiling fans with blade spans less than or                Measure ceiling fan power consumption
                                                      performance of the sensor and sensor                                    equal to seven feet, measure the airflow and           simultaneously with the airflow test, except
                                                      software to be used during the test.                                    power consumption only at high speed.                  for multi-head ceiling fans. For multi-head
                                                         2.2.3. Multi-Head Ceiling Fan Test Set-Up                               Step 1: Make sure the transformer power is          ceiling fans, measure power consumption at
                                                         Multi-headed ceiling fans are to be hung                             off. Hang fan and connect wires as directed            each speed continuously for 100 seconds
                                                      from the ceiling such that one of the ceiling                           by manufacturer’s wiring instructions. Note:           with all fan heads turned on, and record the
                                                      fan heads is directly over sensor 1 (i.e., at the                       Assemble fan prior to the test; lab personnel          average value at each speed in watts (W).
                                                      intersection of axes A, B, C, and D). The                               must follow the instructions provided by the              2.4. Test apparatus for ceiling fans with
                                                      distance between the lowest point on the fan                            fan manufacturer. The fan blade assembly               blade spans greater than seven feet:
                                                      blades of the centered fan head and the air                             shall be balanced in accordance with the                  The test apparatus and instructions for
                                                      velocity sensors is to be such that it is the                           manufacturer’s instructions to avoid                   testing ceiling fans with blade spans greater
                                                      same as for all other low-volume ceiling fans                           excessive vibration of the motor assembly (at          than seven feet shall conform to the
                                                      (see Figure 2 of this appendix). Switching on                           any speed) during operation.                           requirements specified in Section 3 (‘‘Units
                                                      only the centered fan head, the airflow                                    Step 2: Adjust the height of the air-velocity       of Measurement’’), Section 4 (‘‘Symbols and
                                                      measurements are to be made in the same                                 sensors such that the lowest point on the fan          Subscripts’’), Section 5 (‘‘Definitions’’),
                                                      manner as for all other ceiling fans with                               blades is 43 inches above the height of the            Section 6 (‘‘Instruments and Methods of
                                                      blade spans less than or equal to seven feet.                           sensor heads.
                                                                                                                                                                                     Measurement’’), and Section 7 (‘‘Equipment
                                                      The power consumption measurements are to                                  Step 3: Set the first sensor arm (if using
                                                                                                                                                                                     and Setups’’) of the Air Movement and
                                                      be made separately, with all fan heads on.                              four fixed arms) or single sensor arm (if using
                                                                                                                                                                                     Control Association (AMCA) International’s
                                                         2.2.4. Test Set-Up for Ceiling Fans with                             a single rotating arm) to the 0 degree Position
                                                      Airflow Not Directly Downward                                                                                                  ‘‘AMCA 230: Laboratory Methods of Testing
                                                                                                                              (Axis A). If necessary, use marking as
                                                         For ceiling fans where the airflow is not                                                                                   Air Circulating Fans for Rating and
                                                                                                                              reference. If using a single rotating arm,
                                                      directly downward, the ceiling fan head is to                           adjust the sensor arm alignment until it is at         Certification,’’ February 22, 2012
                                                      be adjusted such that the airflow is as vertical                        the 0 degree position by remotely controlling          (incorporated by reference, see § 430.3), with
                                                      as possible prior to testing. The distance                              the antenna rotator.                                   the following modifications:
                                                      between the lowest point on the blades and                                 Step 4: Set software up to read and record             2.4.1. The test procedure is applicable to
                                                      the air velocity sensors should be the same                             air velocity, expressed in feet per minute             ceiling fans up to 24 feet in diameter.
                                                      as for all other low-volume ceiling fans (43                            (FPM) in 1 second intervals. (Temperature                 2.4.2. A ‘‘ceiling fan’’ is defined as in
                                                      inches). For ceiling fans where a fully                                 does not need to be recorded in 1 second               § 430.2.
                                                      vertical orientation of airflow cannot be                               intervals.) Record current barometric                     2.4.3. For all ceiling fans, the minimum
                                                      achieved, the ceiling fan is to be oriented                             pressure.                                              distance between the ceiling and the blades
                                                      such that any remaining tilt is aligned along                              Step 5: Allow test fan to run 15 minutes            of a ceiling fan being tested is 40% of the
                                                      one of the four sensor axes. Instead of                                 at rated voltage and at high speed. Turn off           ceiling fan blade span.
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                                                      measuring the air velocity for only those                               all environmental conditioning equipment                  2.4.4. For all ceiling fans, the minimum
                                                      sensors directly beneath the ceiling fan, the                           entering the chamber (e.g., air conditioning),         distance between the floor and the blades of
                                                      air velocity is to be measured at all sensors                           close all doors and vents, and wait an                 a ceiling fan being tested is the larger of: 1)
                                                      along that axis, as well as the axis oriented                           additional 3 minutes prior to starting test            80% of the ceiling fan blade span, and 2) 15
                                                      180 degrees with respect to that axis. For                              session.                                               feet.
                                                      example, if the tilt is oriented along axis A,                             Step 6: Begin recording readings. Take 100             2.4.5. For all ceiling fans, the minimum
                                                      air velocity measurements are to be taken for                           readings (100 seconds run-time) and save               distance between the centerline of a ceiling
                                                      all sensors along the A–C axis. No                                      these data.                                            fan being tested and walls and/or large
                                                      measurements would need to be taken along                                  Step 7: Similarly, take 100 readings (100           obstructions is 150% of the ceiling fan blade
                                                      the B–D axis in this case.                                              seconds run-time) for Axes B, C, and D; save           span.



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                                                                               Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                                         31503

                                                         2.5. Active mode test measurement for                    represents normal operation over the time                    2.6.1. Allow 3 minutes between switching
                                                      ceiling fans with blade spans greater than                  period for which the load differential test is            off active mode functionality and beginning
                                                      seven feet:                                                 conducted.                                                the standby power test. (No additional time
                                                         Calculate the airflow (CFM) and measure                     2.6. Test measurement for standby power                before measurement is required.)
                                                      the power consumption (watt) for ceiling fans               consumption                                                  2.6.2. Measure power consumption
                                                      at high speed, 80% speed, 60% speed, 40%                       Standby power consumption must be                      continuously for 100 seconds, and record the
                                                      speed, and 20% speed. When testing at                       measured for all ceiling fans that offer one or           average value of the standby power
                                                      speeds other than high speed (i.e., X% speed                more of the following user-oriented or                    measurement in watts (W).
                                                      where X is 80. 60, 40, or 20), ensure the                   protective functions:
                                                      average measured RPM corresponds to X% ±                                                                                 3. Calculation of Ceiling Fan Efficiency
                                                                                                                     • The ability to facilitate the activation or          from the Test Results:
                                                      1% of the average RPM at high speed (e.g.,                  deactivation of other functions (including
                                                      For testing at 80% speed, the average                                                                                    The efficacy of a ceiling fan is the ceiling
                                                                                                                  active mode) by remote switch (including                  fan efficiency (as defined in section 1 of this
                                                      measured RPM should be between 79% and
                                                                                                                  remote control), internal sensor, or timer.
                                                      81% of the average measured RPM during                                                                                appendix). Two ceiling fan efficiencies will
                                                                                                                     • Continuous functions, including
                                                      testing at high speed). If the average                                                                                be calculated for low-volume multi-mount
                                                                                                                  information or status displays (including
                                                      measured RPM falls outside of this tolerance,                                                                         ceiling fans: One efficiency will correspond
                                                      adjust the ceiling fan speed and repeat the                 clocks), or sensor-based functions.
                                                                                                                     Standby power consumption must be                      to the ceiling fan being mounted in the
                                                      test. Calculate the airflow and measure the                                                                           hugger configuration, and the other efficiency
                                                      power consumption in accordance with the                    measured after completion of active mode
                                                                                                                  testing and after the active mode                         will correspond to the ceiling fan being
                                                      test requirements specified in Section 8                                                                              mounted in the standard configuration.
                                                      (‘‘Observations and Conduct of Test’’) and                  functionality has been switched off (i.e., the
                                                                                                                  rotation of the ceiling fan blades is no longer              Using the airflow and power consumption
                                                      Section 9 (‘‘Calculations’’) of AMCA 230
                                                                                                                  energized). The ceiling fan must remain                   measurements from section 2 (high and low
                                                      (incorporated by reference, see § 430.3), with
                                                      the following modifications:                                connected to the main power supply and be                 speed for low-volume ceiling fans, only high
                                                         2.5.1. Measure power consumption at a                    in the same configuration as in active mode               speed for high-volume ceiling fans with
                                                      point that includes all power-consuming                     (i.e., any ceiling fan light fixture should still         blade spans less than or equal to seven feet)
                                                      components of the ceiling fan (but without                  be attached). Measure standby power                       and section 3 (for all tested settings for
                                                      any attached light kit or heater energized).                consumption according to IEC 62301                        ceiling fans with blade spans greater than
                                                         2.5.2. Measure power consumption                         (incorporated by reference, see § 430.3) with             seven feet) calculate the efficiency for any
                                                      continuously at the rated voltage that                      the following modifications:                              ceiling fan as follows:




                                                      Where:                                                       TABLE 2 TO APPENDIX U TO SUBPART                          TABLE 2 TO APPENDIX U TO SUBPART
                                                      CFMi = airflow at speed i,                                    B OF PART 430: DAILY OPERATING                            B OF PART 430: DAILY OPERATING
                                                      OHi = operating hours at speed i,                             HOURS FOR CALCULATING CEILING                             HOURS FOR CALCULATING CEILING
                                                      Wi = power consumption at speed i,
                                                      OHSb = operating hours in standby mode, and                   FAN EFFICIENCY—Continued                                  FAN EFFICIENCY—Continued
                                                      WSb = power consumption in standby mode.
                                                                                                                                                    No            With                                        No        With
                                                        Table 2 of this appendix specifies the                                                   standby        standby                                    standby    standby
                                                      daily hours of operation to be used in
                                                      calculating ceiling fan efficiency:                         Off Mode ...................        17.6            0.0   40% Speed ...............           2.0        2.0
                                                                                                                                                                            20% Speed ...............           4.1        4.1
                                                       TABLE 2 TO APPENDIX U TO SUBPART                           Daily Operating Hours for High-Volume                     Standby Mode ..........             0.0        9.0
                                                        B OF PART 430: DAILY OPERATING                              Ceiling Fans With Blade Spans Less                      Off Mode ...................        9.0        0.0
                                                                                                                    Than or Equal to Seven Feet
                                                        HOURS FOR CALCULATING CEILING
                                                        FAN EFFICIENCY                                            High Speed ...............          12.0           12.0      The effective area corresponding to
                                                                                                                  Standby Mode ..........              0.0           12.0   each sensor used in the test method for
                                                                                      No             With         Off Mode ...................        12.0            0.0   ceiling fans with blade spans less than
                                                                                   standby         standby                                                                  or equal to seven feet is to be calculated
                                                                                                                  Daily Operating Hours for Ceiling Fans                    with the following equations:
                                                         Daily Operating Hours for Low-Volume                       With Blade Spans Greater Than Seven
                                                                                                                                                                               For sensor 1, the sensor located
                                                                      Ceiling Fans                                  Feet
                                                                                                                                                                            directly underneath the center of the
                                                      High Speed ...............             4.2            4.2   High Speed ...............            1.8           1.8   ceiling fan, the effective width of the
                                                      Low Speed ................             2.2            2.2   80% Speed ...............             3.5           3.5   circle is 2 inches, and the effective area
                                                      Standby Mode ..........                0.0           17.6   60% Speed ...............             3.6           3.6   is:
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                                                        For the sensors between sensor 1 and                      the effective area has a width of 4                       inches, from sensor 1, then the effective
                                                      the last sensor used in the measurement,                    inches. If a sensor is a distance d, in                   area is:
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                                                      31504                  Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules

                                                         For the last sensor, the width of the                8 inches larger in diameter than the                   included in the airflow calculation, the
                                                      effective area depends on the horizontal                ceiling fan blade span.                                effective width of the circle
                                                      displacement between the last sensor                       Therefore, for example, for a 42-inch               corresponding to the last sensor would
                                                      and the point on the ceiling fan blades                 ceiling fan, the last sensor is 3 inches               be 3 inches. The calculation for the
                                                      furthest radially from the center of the                beyond the end of the ceiling fan blades.              effective area corresponding to the last
                                                      fan. The total area included in an                      Because only the area within 4 inches                  sensor would then be:
                                                      airflow calculation is the area of a circle             of the end of the ceiling fan blades is




                                                        For a 46-inch ceiling fan, the effective              width of 5 inches, and the effective area
                                                      area of the last sensor would have a                    would be:




                                                        3.1.1. Ceiling fan efficiency                         not have differences in construction                   fan. The power consumption is the
                                                      calculations for multi-head ceiling fans                such as housing, blade pitch, or motor                 measured power consumption with all
                                                        To determine the airflow at a given                   could affect air movement or power                     fan heads on.
                                                      speed for a multi-head ceiling fan,                     consumption); instead, the                               Using the airflow and power
                                                      measure the airflow for each fan head.                  measurements for one fan head can be                   consumption measurements from
                                                      Repeat for each fan head. Testing of                    used for each essentially identical fan                section 2 of this appendix, calculate
                                                      each fan head is not required if the fan                head. Sum the measured airflow for                     ceiling fan efficiency for a multi-head
                                                      heads are essentially identical (i.e., do               each fan head included in the ceiling                  ceiling fan as follows:




                                                      Where:                                                  largest air velocity measurements. This                from the sensor 1 along the A axis,
                                                      CFMi = sum of airflow at a given speed for              continuous set of sensors should be                    substitute the air velocity at A axis
                                                          each head,                                          along the axis that the ceiling fan tilt is            sensor 4 for the average air velocity at
                                                      OHi = operating hours at a given speed,                 directed in (and along the axis that is                sensor 1. Take the average of the air
                                                      Wi = total power consumption at a given                 180 degrees from the first axis). For                  velocity at A axis sensors 3 and 5 as a
                                                          speed,                                              example, a 42-inch fan tilted toward                   substitute for the average air velocity at
                                                      OHSb = operating hours in standby mode, and
                                                      WSb = power consumption in standby mode.
                                                                                                              axis A may create the pattern of air                   sensor 2, take the average of the air
                                                                                                              velocity shown in Figure 3 of this                     velocity at A axis sensors 2 and 6 as a
                                                        3.1.2. Ceiling fan efficiency                         appendix. As shown in Table 1 of this                  substitute for the average air velocity at
                                                      calculations for ceiling fans with airflow              appendix, a 42-inch fan would normally                 sensor 3, etc. Lastly, take the average of
                                                      not directly downward                                   require 7 active sensors. However                      the air velocities at A axis sensor 10 and
                                                        Using a set of sensors that cover the                 because the fan is not directed                        C axis sensor 4 as a substitute for the
                                                      same diameter as if the airflow were                    downward, all sensors must record data.                average air velocity at sensor 7. Any air
                                                      directly downward, the airflow at each                  In this case, because the set of sensors               velocity measurements made along the
                                                      speed should be calculated based on the                 corresponding to maximum air velocity                  B–D axis are not included in the
                                                      continuous set of sensors with the                      are centered 3 sensor positions away                   calculation of average air velocity.


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                                                                             Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules                                               31505




                                                      [FR Doc. 2015–13169 Filed 6–2–15; 8:45 am]              publishing comparable proposed                         ‘‘technology,’’ ‘‘required,’’ ‘‘peculiarly
                                                      BILLING CODE 6450–01–P                                  amendments to the ITAR’s definitions of                responsible,’’ ‘‘proscribed person,’’
                                                                                                              ‘‘technical data,’’ ‘‘required,’’                      ‘‘published,’’ results of ‘‘fundamental
                                                                                                              ‘‘peculiarly responsible,’’ ‘‘public                   research,’’ ‘‘export,’’ ‘‘reexport,’’
                                                      DEPARTMENT OF COMMERCE                                  domain,’’ results of ‘‘fundamental                     ‘‘release,’’ ‘‘transfer,’’ and ‘‘transfer (in-
                                                                                                              research,’’ ‘‘export,’’ ‘‘reexport,’’                  country)’’ to enhance clarity and ensure
                                                      Bureau of Industry and Security                         ‘‘release,’’ and ‘‘retransfer’’ for the same           consistency with the International
                                                                                                              reasons. Finally, this rulemaking                      Traffic in Arms Regulations (ITAR),
                                                      15 CFR Parts 734, 740, 750, 764, and                    proposes conforming changes to related                 which is administered by the
                                                      772                                                     provisions.                                            Department of State, Directorate of
                                                                                                              DATES: Comments must be received by                    Defense Trade Controls (DDTC). This
                                                      [Docket No. 141016858–5228–01]                                                                                 rulemaking also proposes amendments
                                                                                                              August 3, 2015.
                                                      RIN 0694–AG32                                           ADDRESSES: Comments may be                             to the Scope part of the EAR to update
                                                                                                              submitted to the Federal rulemaking                    and clarify application of controls to
                                                      Revisions to Definitions in the Export                  portal (http://www.regulations.gov). The               electronically transmitted and stored
                                                      Administration Regulations                              regulations.gov ID for this proposed rule              technology and software. The DDTC is
                                                                                                              is: [BIS–2015–0019]. Comments may                      concurrently publishing comparable
                                                      AGENCY:  Bureau of Industry and                                                                                proposed amendments to the ITAR’s
                                                      Security, Commerce.                                     also be submitted via email to
                                                                                                              publiccomments@bis.doc.gov or on                       definitions of ‘‘technical data,’’
                                                      ACTION: Proposed rule.                                                                                         ‘‘required,’’ ‘‘peculiarly responsible,’’
                                                                                                              paper to Regulatory Policy Division,
                                                                                                              Bureau of Industry and Security, Room                  ‘‘public domain,’’ results of
                                                      SUMMARY:     This proposed rule is part of                                                                     ‘‘fundamental research,’’ ‘‘export,’’
                                                      the Administration’s Export Control                     2099B, U.S. Department of Commerce,
                                                                                                                                                                     ‘‘reexport,’’ ‘‘release,’’ and ‘‘retransfer’’
                                                      Reform Initiative. The Initiative will                  Washington, DC 20230. Please refer to
                                                                                                                                                                     for the same reasons. Finally, this
                                                      enhance U.S. national and economic                      RIN 0694–AG32 in all comments and in
                                                                                                                                                                     rulemaking proposes conforming
                                                      security, facilitate compliance with                    the subject line of email comments. All
                                                                                                                                                                     changes to related provisions.
                                                      export controls, update the controls, and               comments (including any personally                        One aspect of the ECR Initiative
                                                      reduce unnecessary regulatory burdens                   identifying information) will be made                  includes amending the export control
                                                      on U.S. exporters. As part of this effort,              available for public inspection and                    regulations to facilitate enhanced
                                                      this rulemaking proposes revisions to                   copying.                                               compliance while reducing unnecessary
                                                      the Export Administration Regulations                   FOR FURTHER INFORMATION CONTACT:                       regulatory burdens. For similar national
                                                      (EAR) to include the definitions of                     Hillary Hess, Director, Regulatory Policy              security, foreign policy, including
                                                      ‘‘technology,’’ ‘‘required,’’ ‘‘peculiarly              Division, Office of Exporter Services,                 human rights, reasons, the EAR and the
                                                      responsible,’’ ‘‘proscribed person,’’                   Bureau of Industry and Security at 202–                ITAR each control, inter alia, the export,
                                                      ‘‘published,’’ results of ‘‘fundamental                 482–2440 or rpd2@bis.doc.gov.                          reexport, and in-country transfer of
                                                      research,’’ ‘‘export,’’ ‘‘reexport,’’                   SUPPLEMENTARY INFORMATION:                             commodities, products or articles,
                                                      ‘‘release,’’ ‘‘transfer,’’ and ‘‘transfer (in-                                                                 technology, technical data, software,
                                                      country)’’ to enhance clarity and                       Background                                             and services to various destinations, end
                                                      consistency with terms also found on                      This proposed rule is part of the                    users, and end uses. The two sets of
                                                      the International Traffic in Arms                       Administration’s Export Control Reform                 regulations have been issued pursuant
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Regulations (ITAR), which is                            (ECR) Initiative. The Initiative will                  to different statutes, have been
                                                      administered by the Department of                       enhance U.S. national and economic                     administered by different agencies with
                                                      State, Directorate of Defense Trade                     security, facilitate compliance with                   missions that are distinct from one
                                                      Controls (DDTC). This rulemaking also                   export controls, update the controls, and              another in certain respects, and have
                                                      proposes amendments to the Scope part                   reduce unnecessary regulatory burdens                  covered different items (or articles). For
                                                      of the EAR to update and clarify                        on U.S. exporters. As part of this effort,             those reasons, and because each set of
                                                      application of controls to electronically               this rulemaking proposes revisions to                  regulations has evolved separately over
                                                      transmitted and stored technology and                   the Export Administration Regulations                  decades without much coordination
                                                      software. DDTC is concurrently                          (EAR) to include the definitions of                    between the two agencies regarding
                                                                                                                                                                                                                      EP03JN15.016</GPH>




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Document Created: 2015-12-15 15:09:00
Document Modified: 2015-12-15 15:09:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking.
DatesDOE will accept comments, data, and information regarding this SNOPR until August 17, 2015. See section V, ``Public Participation,'' for details.
ContactMs. Lucy deButts, 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) 287-1604. Email: [email protected] Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC, 20585- 0121. Telephone: (202) 586-7796. Email: [email protected]
FR Citation80 FR 31487 
RIN Number1904-AD10
CFR Citation10 CFR 429
10 CFR 430
CFR AssociatedConfidential Business Information; Energy Conservation; Household Appliances; Imports; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Incorporation by Reference; Intergovernmental Relations and Small Businesses

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