82_FR_26577 82 FR 26469 - Notice of Petition for Waiver From Acuity Brands From the Department of Energy Illuminated Exit Signs Test Procedure

82 FR 26469 - Notice of Petition for Waiver From Acuity Brands From the Department of Energy Illuminated Exit Signs Test Procedure

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 82, Issue 108 (June 7, 2017)

Page Range26469-26473
FR Document2017-11790

This notice announces receipt of a petition from Acuity Brands (Acuity) seeking a waiver from specific portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of illuminated exit signs. Acuity seeks to use an alternate test procedure to address issues involved in testing certain basic models of illuminated exit signs identified in its petition. Acuity contends that its combination illuminated exit signs cannot be accurately tested using the currently applicable DOE test procedure. Although Acuity has proposed an alternate test procedure, DOE is proposing a different alternate test procedure to test and rate specified Acuity basic models in this notice. DOE solicits comments, data, and information concerning Acuity's petition and DOE's proposed alternate test procedure.

Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26469-26473]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11790]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. IES-001]


Notice of Petition for Waiver From Acuity Brands From the 
Department of Energy Illuminated Exit Signs Test Procedure

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

ACTION: Notice of petition for waiver and request for public comments.

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SUMMARY: This notice announces receipt of a petition from Acuity Brands 
(Acuity) seeking a waiver from specific portions of the U.S. Department 
of Energy (DOE) test procedure for determining the energy consumption 
of illuminated exit signs. Acuity seeks to use an alternate test 
procedure to address issues involved in testing certain basic models of 
illuminated exit signs identified in its petition. Acuity contends that 
its combination illuminated exit signs cannot be accurately tested 
using the currently applicable DOE test procedure. Although Acuity has 
proposed an alternate test procedure, DOE is proposing a different 
alternate test procedure to test and rate specified Acuity basic models 
in this notice. DOE solicits comments, data, and information concerning 
Acuity's petition and DOE's proposed alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the petition received until July 7, 2017.

ADDRESSES: You may submit comments, identified by case number IES-001, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected] Include the case 
number [Case No. IES-001] in the subject line of the message.
     Mail: Mr. Bryan Berringer, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-2B/1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Mr. Bryan Berringer, U.S. 
Department of Energy, Building Technologies Program, 950 L'Enfant Plaza 
SW., Room 6055, Washington, DC 20024. Please submit one signed original 
paper copy.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit http://www.regulations.gov. All 
documents in the docket are listed in the www.regulations.gov index. 
However, some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: [email protected].
    Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-33, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 287-6111. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In an updated petition received on March 22, 
2016 (initially submitted on April 17, 2013) and in an email received 
on May 1, 2017, Acuity requested that DOE grant a test procedure waiver 
for specified models of illuminated exit signs that cannot be tested 
under the existing DOE test procedure. The basic models of illuminated 
exit signs at issue are models typically known as combination 
illuminated exit signs. These basic models include components such as 
egress lighting or alarms that typically require a larger battery to 
power the auxiliary features, which causes the test procedure to 
provide inaccurate comparative data.

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA''), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program that includes illuminated exit signs.\2\ 
Part B includes definitions, test procedures, labeling provisions, 
energy conservation standards, and the authority to require information 
and reports from manufacturers. Further, Part B authorizes the 
Secretary of Energy to prescribe test procedures that are reasonably 
designed to produce results that measure energy efficiency, energy use, 
or estimated operating costs during a representative average-use cycle, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 
The test procedure for illuminated exit signs is contained in 10 CFR 
part 431, subpart L.\3\
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    \1\ For editorial reasons Part B of title III was redesignated 
as Part A upon incorporation into the U.S. Code.
    \2\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015, Public Law 
114-11 (April 30, 2015).
    \3\ Although illuminated exit signs are covered products 
pursuant to EPCA, as a matter of administrative convenience and to 
minimize confusion among interested parties, DOE adopted illuminated 
exit sign provisions into subpart L of 10 CFR part 431 (the portion 
of DOE's regulations dealing with commercial and industrial 
equipment) because typically businesses, rather than individuals, 
purchase them. 70 FR 60407, 60409 (Oct. 18, 2005). DOE refers to 
illuminated exit signs as either ``products'' or ``equipment.''
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    The regulations set forth in 10 CFR 431.401 contain provisions that 
allow a person to seek a waiver from the test procedure requirements 
for a particular basic model of a type of covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that: (1) Prevent 
testing according to the prescribed test procedure, or (2) cause the 
prescribed test procedures to evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(a)(1) A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the basic model in a manner 
representative of its energy consumption. 10 CFR 431.401(b)(1)(iii)

[[Page 26470]]

    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 431.401(f)(2) As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 431.401(l).
    DOE discusses the petition and alternate test procedures in the 
following sections.

II. Petition for Waiver of Test Procedure

    On March 22, 2016, Acuity filed an updated petition for a waiver 
(the initial petition was submitted on April 17, 2013) for certain 
basic models of illuminated exit signs that are required to be tested 
according to test procedures detailed in 10 CFR 431.204. (Acuity, No. 
0002 at pp. 1-3) \4\ Acuity supplemented its filing with an email 
submitted to DOE on May 1, 2017, that further clarified the specific 
basic models for which the waiver is being requested.\5\ Acuity has 
requested a waiver for basic models that provide the dual function of 
exit signage and lighting for emergency egress (combination illuminated 
exit signs), stating that the battery used in combination illuminated 
exit signs requires a substantially larger capacity to provide a 
minimum of 90 minutes of egress lighting, as required by safety codes. 
Acuity has further stated that it is not feasible to separate the power 
measurement associated with the exit signage and the egress lighting 
because a single battery and charging circuit supplies power for both 
functions.
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    \4\ A notation in this form provides a reference for information 
that is in the docket for this test procedure waiver (Docket No. 
EERE-2017-BT-WAV-0033) (available at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0033). This notation indicates that the 
statement preceding the reference is document number 2 in the docket 
and appears at pages 1-3 of that document.
    \5\ The following are the basic models of combination LED exit 
signs for which Acuity seeks a test procedure waiver: ECG 1F, ECG 1F 
HO, ECG 2F, ECG 2F HO, ECR 1F, ECR 1F HO, ECR 2F, ECR 2F HO, ECG LED 
1F HO, ECG LED 2F HO, ECR LED 1F HO, ECR LED 2F HO, ECG LED 1F, ECG 
LED 2F, ECR LED 1F, ECR LED 2F, ECBG LED 1F, ECBG LED 2F, ECBR LED 
1F, ECBR LED 2F, LHD2D18G, LHD2D18R, LHD2D36G, LHD2D36R, LHD2D72G, 
LHD2D72R, LHD2S18G, LHD2S18R, LHD2S36G, LHD2S36R, LHD2S72G, 
LHD2S72R, LHQM LED 1F HO GREEN, LHQM LED 1F HO RED, LHQM LED 2F HO 
GREEN, LHQM LED 2F HO RED, LHQM LED 1F GREEN, LHQM LED 1F RED, LHQM 
LED 2F GREEN, LHQM LED 2F RED, LHXNY W 1 R, LHXC W 1 RW, LHXC W 2 
RW, LHZ618 GREEN, LHZ618 RED, LHZ636 GREEN, LHZ636 RED, LHZ672 
GREEN, LHZ672 RED, QM LED 1F GREEN, QM LED 1F HO GREEN, QM LED 1F 
RED, QM LED 1F HO RED, QM LED 2F GREEN, QM LED 2F HO GREEN, QM LED 
2F RED, QM LED 2F HO RED, NXPCL 1F, and NXPCL 2F.
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    As an alternative to the test procedure currently in place at 10 
CFR part 431, subpart L, Acuity has recommended that, for combination 
illuminated exit signs, the power should be determined using the 
following procedure:
    (1) Measure input power, which is the total power supplied to the 
combination illuminated exit sign including the charging circuit and 
light source(s) for the exit sign face(s). Note: The egress lights will 
not be operational in this mode because they are designed to only 
operate under a condition when the unit is not receiving power.
    (2) Determine the total battery power, with the battery circuit 
connected and fully charged before any measurements are made.

total battery power = input power-rated wattage of light source(s) for 
exit sign

    (3) Determine the battery proration factor.

battery proration factor = (rated wattage of light source(s) for exit 
sign)/(rated wattage of light sources(s) for egress lighting + rated 
wattage of light source(s) for exit sign)

    (4) Calculate the combination illuminated exit sign power.

combination illuminated exit sign power = (battery proration factor x 
total battery power) + rated wattage of light source(s) for exit sign

    Acuity seeks a test procedure waiver for specified basic models 
(see footnote and Table III.1). Acuity also requested that any new 
products introduced by the company into commerce that provide the dual 
function of exit signage and emergency egress lighting be covered by 
the waiver. DOE regulations at 10 CFR 430.27(f)(2) provide that DOE may 
grant a waiver, including adherence to alternate test procedures, only 
for ``the basic model(s) for which the waiver was requested.'' Acuity 
may request to extend the scope of a waiver to additional basic models 
pursuant to 10 CFR 431.401(g) by identifying the particular basic 
models for which a waiver is requested, but the present waiver, if 
granted, would extend to only those basic models identified in the 
updated waiver petition currently under consideration.

III. Alternate Test Procedure

    Upon review of the alternate test procedure submitted by Acuity in 
its petition for wavier, DOE found that ``rated wattage of light 
source(s)'' associated with the face and egress light source(s), 
respectively, is not always well documented in Acuity's product 
literature for the basic models under consideration. A lack of data in 
the manufacturer data sheet with respect to the wattage of the light 
source(s) prevents the accurate and repeatable calculation of the 
combination illuminated exit sign input power demand in Acuity's 
proposed test procedure. Therefore, DOE is proposing alternate test 
procedures that provide methods to test and rate the basic models at 
issue without the rated wattage of the light source(s).
    DOE investigated various approaches to isolate the input power used 
to illuminate only the exit sign portion of a combination exit sign: 
Including disconnecting the battery; scaling or prorating the portion 
of the input power demand associated with the battery; and measuring 
alternative power quantities as a proxy for input power demand. DOE 
tentatively concluded that these methods would require isolating the 
battery power used to illuminate the faces of the exit sign from the 
battery power used to operate auxiliary features. Based on DOE's review 
of combination exit signs, DOE has tentatively determined that it is 
either not possible to measure the required quantities or that doing so 
would require cutting of wires and modifying the circuitry of the 
combination exit sign.
    DOE reviewed the basic models submitted in Acuity's petition for 
waiver and updated basic model list provided in Acuity's email 
submitted to DOE on May 1, 2017, and determined that the basic models 
in the waiver are comprised of two sub-varieties: (A) Combination 
illuminated exit signs with equivalent non-combination versions \6\ and 
(B) Combination illuminated exit signs without equivalent non-
combination versions. Table III.1 provides a review of the combination 
illuminated exit sign basic models submitted by Acuity for waivers, and 
notes DOE's proposed alternate test method, described in detail below.
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    \6\ DOE uses the term ``equivalent non-combination illuminated 
exit sign'' in this notice to mean an illuminated exit sign that 
consists of electric consuming components and a battery identical to 
those of the combination illuminated exit sign at issue, but that 
does not have any auxiliary features. The equivalent non-combination 
illuminated exit sign must also have the same manufacturer and 
number of faces as the combination exit sign whose input power 
demand is being determined.

[[Page 26471]]



            Table III.1--Review of Combination Illuminated Exit Sign Basic Models Submitted by Acuity
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                                              Equivalent non-combination         DOE's proposed alternate test
          Acuity basic model *                  illuminated exit sign *                     method
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Lithonia Lighting brand models: ECG 1F,   No................................  Method B.
 ECG 1F HO, ECG 2F, ECG 2F HO, ECR 1F,
 ECR 1F HO, ECR 2F, ECR 2F HO.
Lithonia Lighting brand models: ECG LED   No................................  Method B.
 1F HO, ECG LED 2F HO, ECR LED 1F HO,
 ECR LED 2F HO.
Lithonia Lighting brand models: ECG LED   Yes...............................  Method A.
 1F, ECG LED 2F, ECR LED 1F, ECR LED 2F.
Lithonia Lighting brand models: ECBG LED  No................................  Method B.
 1F, ECBG LED 2F, ECBR LED 1F, ECBR LED
 2F.
Holophane brand models: LHD2D18G,         No................................  Method B.
 LHD2D18R, LHD2D36G, LHD2D36R, LHD2D72G,
 LHD2D72R, LHD2S18G, LHD2S18R, LHD2S36G,
 LHD2S36R, LHD2S72G, LHD2S72R.
Lithonia Lighting brand models: LHQM LED  Yes...............................  Method A.
 1F HO GREEN, LHQM LED 1F HO RED, LHQM
 LED 2F HO GREEN, LHQM LED 2F HO RED.
Lithonia Lighting brand models: LHQM LED  No................................  Method B.
 1F GREEN, LHQM LED 1F RED, LHQM LED 2F
 GREEN, LHQM LED 2F RED.
Lithonia Lighting brand model: LHXNY W 1  No................................  Method B.
 R.
Lithonia Lighting brand models: LHXC W 1  No................................  Method B.
 RW, LHXC W 2 RW.
Lithonia Lighting brand models: LHZ618    Yes...............................  Method A.
 GREEN, LHZ618 RED, LHZ636 GREEN, LHZ636
 RED, LHZ672 GREEN, LHZ672 RED.
Holophane brand models: QM LED 1F GREEN,  Yes...............................  Method A.
 QM LED 1F HO GREEN, QM LED 1F RED, QM
 LED 1F HO RED, QM LED 2F GREEN, QM LED
 2F HO GREEN, QM LED 2F RED, QM LED 2F
 HO RED.
Navilite brand models: NXPCL 1F, NXPCL    Yes...............................  Method A.
 2F.
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* All Acuity basic models listed in the table above are illuminated exit signs manufacturered exclusively with
  LEDs.

    For these two sub-varieties, DOE presents the two alternate test 
methods, test method A and test method B, in the following sections.

A. Test Method for Combination Illuminated Exit Sign Basic Models With 
Equivalent Non-Combination Illuminated Exit Signs (Method A)

    DOE has determined that for Acuity combination illuminated exit 
sign basic models ECG LED 1F, ECG LED 2F, ECR LED 1F, ECR LED 2F, LHQM 
LED 1F HO GREEN, LHQM LED 1F HO RED, LHQM LED 2F HO GREEN, LHQM LED 2F 
HO RED, LHZ618 GREEN, LHZ618 RED, LHZ636 GREEN, LHZ636 RED, LHZ672 
GREEN, LHZ672 RED, QM LED 1F GREEN, QM LED 1F HO GREEN, QM LED 1F RED, 
QM LED 1F HO RED, QM LED 2F GREEN, QM LED 2F HO GREEN, QM LED 2F RED, 
QM LED 2F HO RED, NXPCL 1F, and NXPCL 2F it is not possible to keep the 
face(s) illuminated while disconnecting the battery and all auxiliary 
features in a manner that permits reinstallation using only the 
original parts in order to allow for the measurement of only the input 
power required to illuminate the face(s). However, DOE has determined 
that these models have equivalent non-combination illuminated exit sign 
models. For these basic models, DOE is considering the following 
alternate test method (method A):
    (1) Identify a non-combination illuminated exit sign equivalent to 
the combination illuminated exit sign under test. A unit is an 
equivalent non-combination substitute only if it consists entirely of 
components identical to all of those of the unit whose input power 
demand is being determined, but does not include any auxiliary 
features, and contains an electrically connected battery. The 
equivalent unit must also have the same manufacturer and number of 
faces as the unit whose input power demand is being determined.
    (2) Assign the input power demand of the combination illuminated 
exit sign under test as the input power demand of the equivalent non-
combination illuminated exit sign.

B. Test Method for Combination Illuminated Exit Sign Basic Models 
Without Equivalent Non-Combination Illuminated Exit Signs (Method B)

    DOE has determined that for Acuity combination illuminated exit 
sign basic models ECG 1F, ECG 1F HO, ECG 2F, ECG 2F HO, ECR 1F, ECR 1F 
HO, ECR 2F, ECR 2F HO, ECG LED 1F HO, ECG LED 2F HO, ECR LED 1F HO, ECR 
LED 2F HO, ECBG LED 1F, ECBG LED 2F, ECBR LED 1F, ECBR LED 2F, 
LHD2D18G, LHD2D18R, LHD2D36G, LHD2D36R, LHD2D72G, LHD2D72R, LHD2S18G, 
LHD2S18R, LHD2S36G, LHD2S36R, LHD2S72G, LHD2S72R, LHQM LED 1F GREEN, 
LHQM LED 1F RED, LHQM LED 2F GREEN, LHQM LED 2F RED, LHXNY W 1 R, LHXC 
W 1 RW, and LHXC W 2 RW it is not possible to keep the face(s) 
illuminated while disconnecting the battery and all auxiliary features 
in a manner that permits reinstallation using only the original parts 
to allow for the measurement of only the input power required to 
illuminate the face(s). DOE has also determined that these models do 
not have equivalent non-combination illuminated exit sign models, 
rendering method A inapplicable. For these basic models, DOE is 
considering the following alternate test method (method B):
    If the combination illuminated exit sign under test uses only LEDs 
to illuminate all face(s) of the unit, assign an input power demand 
according to the following formula:

input power demand = 5 watts x number of faces \7\
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    \7\ This method requires determination of the number of faces 
for each basic model. Face count is the number of faces (no fewer 
than one) with which an illuminated exit sign basic model can be 
configured by an end user when all electric light sources are 
connected and energized.
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IV. Summary and Request for Comments

    Through this notice, DOE is publishing Acuity's petition for waiver 
pursuant to 10 CFR 431.401(b)(1)(iv). The petition contains no 
confidential information. The petition includes a description of why 
DOE's test procedure produces inaccurate results for certain models of 
combination illuminated exit signs and a recommended alternate test 
procedure, applicable to the measurement of energy efficiency of the 
models of combination illuminated exit signs specified by Acuity in its 
petition for waiver. In this notice, DOE proposes a different test 
method for determining the energy efficiency of the combination

[[Page 26472]]

illuminated exit signs included in Acuity's waiver.
    DOE solicits comments from interested parties on all aspects of the 
petition, the test method recommended by Acuity, DOE's stated concerns 
regarding that test method, and DOE's proposed test procedure. Pursuant 
to 10 CFR 431.401(d), any person submitting written comments to DOE 
must also send a copy of such comments to the petitioner. The contact 
information for the petitioner is: Cheryl English, VP, Government & 
Industry Relations, Acuity Brands Lighting, Inc., One Lithonia Way, 
Conyers, GA 30012. All submissions received must include the case 
number for this proceeding. Submit electronic comments in WordPerfect, 
Microsoft Word, Portable Document Format (PDF), or text (American 
Standard Code for Information Interchange (ASCII)) file format and 
avoid the use of special characters or any form of encryption. Wherever 
possible, include the electronic signature of the author. DOE does not 
accept telefacsimiles (faxes).
    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 two copies: One copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.

    Issued in Washington, DC, on May 26, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Date: 3/22/2016

Subject: Acuity Brands Updated Petition for Test Procedure Waiver for 
Illuminated Exit Signs

    Upon request by DOE, Acuity Brands is updating the petition request 
submitted on 4/17/2013 for test procedure waiver for Illuminated Exit 
Signs pursuant to 10 CFR 431.401 to clarify that the petition is for a 
final test procedure waiver for certain models of illuminated exit 
signs.
    The petition is on the grounds that the basic models contain design 
characteristics which prevent testing of the basic models according to 
the prescribed test procedures and that the prescribed test procedures 
evaluate the basic models in a manner unrepresentative of their true 
energy consumption characteristics and provide materially inaccurate 
comparative data.

Background

    Illuminated Exit Signs are covered under the Energy Policy & 
Conservation Act (EPCA) as amended by Section 135 of the Energy Policy 
Act of 2005 (EPAct 2005). This product category was included in EPA's 
Energy Star program and the intent of the EPAct 2005 amendment was to 
make the Energy Star program's product regulated by EPCA. The test 
procedures adopted by Congress for this product category is the Energy 
Star program (v. 2.0) test procedures, and the energy conservation 
standards are the performance requirements for the Energy Star program 
(v. 2.0). See 42 U.S.C. 6293(b)(9) and 6295(w).
    When Illuminated Exit Signs were included in EPAct 2005, the 
industry interpretation was based on a scope consistent with the Energy 
Star program covering products that provided only the functional 
characteristics defined in the regulation to illuminate the signage 
itself, with no expressed intent to also regulate energy used for 
emergency egress lighting. The statutory definition of illuminated exit 
sign (10 CFR 431.202) includes the phrase ``consists of electrically 
powered integral light source that--(i) illuminates the legend `EXIT' 
and any directional indica- tors . . .''
    Certain basic models of illuminated exit signs provide the dual 
function of exit signage and lighting for emergency egress (combo 
unit). However, the battery used in a combo unit requires a 
substantially larger capacity to provide a minimum of 90 minutes of 
egress lighting as required by life safety code, as well as 
illuminating the EXIT legend and directional indicators. Because of 
this, the test procedures when applied to a combo unit do not 
accurately represent the energy consumption associated with 
illuminating the exit sign legend.
    See the following Web site for figures of the ``Standard 
Illuminated Exit Sign'' and ``Combo unit'' Illuminated Exit Sign and 
Egress Light'': http://www.regulations.gov/#!docketDetail;D=EERE-2017-
BT-WAV-0033

Basic Models Requested for Test Procedure Waiver

    The following Acuity Brands basic models are submitted under the 
conditions of this waiver:
    EC, ECB, LHD2, LHQM, LHX, LHXC, LHZ, QM, NNYXSC, NX (NavLite combo)
    (covering all lettering colors, housing material, source type or 
other options for each basic model)
    Furthermore, Acuity Brands petitions that any new products 
introduced by Acuity Brands into commerce that provide the dual 
function of exit signage and emergency egress lighting will also be 
covered by the waiver.

Test Procedure Issues

    A combo unit utilizes a higher capacity battery to power both the 
exit sign face(s) as well as emergency egress lighting during a power 
outage. While Sec.  431.202 indicates that the input power demand shall 
be measured with batteries at full charge, the higher capacity dual 
function battery for a combo unit results in a higher power than a 
smaller battery utilized in a unit that provides only the exit signage 
functionality.
    The performance specification for the input power described in the 
Energy Star specifications limits the power to illuminate the face of 
the exit sign with no reference to power associated with the emergency 
egress lighting. The test procedure for Energy Star 2.0 requires the 
measurement of power including the internal battery, but the power 
limits were not established using a baseline for units that provide the 
dual function associated with a combo unit. For a combo unit, it is not 
feasible to separate the power measurement associated with the exit 
signage and the egress lighting since a single battery and charging 
circuit supplies power for both functions.

Alternate Test Procedure for Combo Units

    There are no nationally recognized test procedures to measure the 
power for a combo unit that describes the power associated only with 
illuminating the face(s) of the exit sign. Therefore Acuity Brands is 
submitting the following alternate test procedure to accurately 
represent the power of a combo unit used to illuminating the legend 
`EXIT', directional indicators and proportional battery power for the 
face(s) of the exit sign.
    For combination exit and egress lighting units (combo units), the 
power shall be determined by the following procedure:
    1. Measure input power, the total power supplied to the combo unit 
including the charging circuit and light source(s) for the exit sign 
face(s). Note: The egress lights will not be operational in this mode 
since they are designed to only operate under a condition when the unit 
is not receiving power.

[[Page 26473]]

    2. Determine the total battery power, with the battery circuit 
connected and fully charged before any measurements are made.

total battery power = input power-rated wattage of light source(s) for 
exit sign

    3. Determine the battery proration factor:

Battery proration factor = rated wattage of light source(s) for exit 
sign (rated wattage of light sources(s) for egress lighting + rated 
wattage of light source(s) for exit sign)

    4. Calculate the combo unit power:

Combo unit power = (Battery proration factor x total battery power) + 
rated wattage of light source(s) for exit sign

Conclusion

    Acuity Brands is submitting this request for a test procedure 
waiver for combo units that provide the dual function of exit signage 
and emergency egress lighting. The waiver request has outlined that:
    1. The prescribed test procedures are based on power intended only 
to illuminate the face of the exit sign and will evaluate the basic 
models of combo units in a manner unrepresentative of their true energy 
consumption characteristics
    2. the prescribed test procedures will evaluate the basic models of 
combo units in a manner that results in materially inaccurate 
comparative data, and
    3. there are no existing industry standards that define test 
procedures to measure the energy consumption characteristics for a 
combo unit that is associated with only the exit sign face(s), and
    4. the alternate test procedure proposed by Acuity Brands for combo 
units will accurately describe the power to illuminate the face of the 
exit and the proportion of battery charging circuit power used to 
illuminate the face(s) of the exit during a power outage.
    Based on DOE general counsel guidance on waivers issued December 
23, 2010, it is our understanding that DOE has made a commitment to (1) 
act promptly on waiver requests and to update its test procedures to 
address granted waivers going forward and (2) prevent the 
administrative waiver process from delaying or deterring the 
introduction of novel, innovative products into the marketplace and as 
a matter of enforcement policy will refrain from enforcement actions 
related to pending waiver requests.
    Thank you in advance for your prompt consideration of this waiver 
request.

Cheryl English
VP, Government & Industry Relations

Acuity Brands Lighting, Inc., One Lithonia Way, Conyers, GA 30012, 770-
860-2660, [email protected].

[FR Doc. 2017-11790 Filed 6-6-17; 8:45 am]
 BILLING CODE 6450-01-P



                                                                              Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices                                                     26469

                                                Administrative Regulations (EDGAR),                     petition and DOE’s proposed alternate                  typically require a larger battery to
                                                34 CFR 75.253. EDGAR states that                        test procedure.                                        power the auxiliary features, which
                                                recipients of multi-year discretionary                  DATES: DOE will accept comments, data,                 causes the test procedure to provide
                                                grants must submit an APR                               and information with respect to the                    inaccurate comparative data.
                                                demonstrating that substantial progress                 petition received until July 7, 2017.                  I. Background and Authority
                                                has been made towards meeting the                       ADDRESSES: You may submit comments,
                                                approved objectives of the project. In                  identified by case number IES–001, by                     Title III, Part B 1 of the Energy Policy
                                                addition, EDGAR requires discretionary                  any of the following methods:                          and Conservation Act of 1975 (‘‘EPCA’’),
                                                grantees to report on their progress                       • Federal eRulemaking Portal: http://               Public Law 94–163 (42 U.S.C. 6291–
                                                toward meeting the performance                          www.regulations.gov. Follow the                        6309, as codified) established the
                                                measures established for the ED grant                   instructions for submitting comments.                  Energy Conservation Program for
                                                program. This data collection is a                         • Email: AS_Waiver_Requests@                        Consumer Products Other Than
                                                customized APR that goes beyond the                     ee.doe.gov Include the case number                     Automobiles, a program that includes
                                                generic 524B APR to facilitate the                      [Case No. IES–001] in the subject line of              illuminated exit signs.2 Part B includes
                                                collection of more standardized and                     the message.                                           definitions, test procedures, labeling
                                                comprehensive data to inform GPRA, to                      • Mail: Mr. Bryan Berringer, U.S.                   provisions, energy conservation
                                                improve the overall quality of data                     Department of Energy, Building                         standards, and the authority to require
                                                collected, and to increase the quality of               Technologies Office, Mailstop EE–2B/                   information and reports from
                                                data that can be used for evaluation and                1000 Independence Avenue SW.,                          manufacturers. Further, Part B
                                                to inform policy decisions.                             Washington, DC 20585–0121.                             authorizes the Secretary of Energy to
                                                  Dated: June 2, 2017.                                  Telephone: (202) 586–0371. Please                      prescribe test procedures that are
                                                Tomakie Washington,
                                                                                                        submit one signed original paper copy.                 reasonably designed to produce results
                                                                                                           • Hand Delivery/Courier: Mr. Bryan                  that measure energy efficiency, energy
                                                Acting Director, Information Collection
                                                                                                        Berringer, U.S. Department of Energy,                  use, or estimated operating costs during
                                                Clearance Division, Office of the Chief Privacy
                                                Officer, Office of Management.                          Building Technologies Program, 950                     a representative average-use cycle, and
                                                                                                        L’Enfant Plaza SW., Room 6055,                         that are not unduly burdensome to
                                                [FR Doc. 2017–11801 Filed 6–6–17; 8:45 am]
                                                                                                        Washington, DC 20024. Please submit                    conduct. (42 U.S.C. 6293(b)(3)) The test
                                                BILLING CODE 4000–01–P
                                                                                                        one signed original paper copy.                        procedure for illuminated exit signs is
                                                                                                           Docket: For access to the docket to                 contained in 10 CFR part 431, subpart
                                                                                                        review the background documents                        L.3
                                                DEPARTMENT OF ENERGY                                    relevant to this matter, you may visit
                                                                                                                                                                  The regulations set forth in 10 CFR
                                                                                                        http://www.regulations.gov. All
                                                Office of Energy Efficiency and                                                                                431.401 contain provisions that allow a
                                                                                                        documents in the docket are listed in
                                                Renewable Energy                                                                                               person to seek a waiver from the test
                                                                                                        the www.regulations.gov index.
                                                                                                                                                               procedure requirements for a particular
                                                [Case No. IES–001]                                      However, some documents listed in the
                                                                                                                                                               basic model of a type of covered product
                                                                                                        index, such as those containing
                                                Notice of Petition for Waiver From                                                                             when the petitioner’s basic model for
                                                                                                        information that is exempt from public
                                                Acuity Brands From the Department of                                                                           which the petition for waiver was
                                                                                                        disclosure, may not be publicly
                                                Energy Illuminated Exit Signs Test                                                                             submitted contains one or more design
                                                                                                        available.
                                                Procedure                                                                                                      characteristics that: (1) Prevent testing
                                                                                                        FOR FURTHER INFORMATION CONTACT: Mr.                   according to the prescribed test
                                                AGENCY:  Office of Energy Efficiency and                Bryan Berringer, U.S. Department of                    procedure, or (2) cause the prescribed
                                                Renewable Energy, Department of                         Energy, Building Technologies Program,                 test procedures to evaluate the basic
                                                Energy.                                                 Mail Stop EE–5B, Forrestal Building,                   model in a manner so unrepresentative
                                                ACTION: Notice of petition for waiver and               1000 Independence Avenue SW.,                          of its true energy consumption
                                                request for public comments.                            Washington, DC 20585–0121.                             characteristics as to provide materially
                                                                                                        Telephone: (202) 586–0371. Email: AS_                  inaccurate comparative data. 10 CFR
                                                SUMMARY:    This notice announces receipt               Waiver_Requests@ee.doe.gov.                            431.401(a)(1) A petitioner must include
                                                of a petition from Acuity Brands                           Ms. Jennifer Tiedeman, U.S.                         in its petition any alternate test
                                                (Acuity) seeking a waiver from specific                 Department of Energy, Office of the                    procedures known to the petitioner to
                                                portions of the U.S. Department of                      General Counsel, Mail Stop GC–33,                      evaluate the basic model in a manner
                                                Energy (DOE) test procedure for                         1000 Independence Avenue SW.,                          representative of its energy
                                                determining the energy consumption of                   Washington, DC 20585–0121.                             consumption. 10 CFR 431.401(b)(1)(iii)
                                                illuminated exit signs. Acuity seeks to                 Telephone: (202) 287–6111. Email:
                                                use an alternate test procedure to                      Jennifer.Tiedeman@hq.doe.gov.                             1 For editorial reasons Part B of title III was

                                                address issues involved in testing                      SUPPLEMENTARY INFORMATION: In an                       redesignated as Part A upon incorporation into the
                                                certain basic models of illuminated exit                updated petition received on March 22,                 U.S. Code.
                                                                                                                                                                  2 All references to EPCA refer to the statute as
                                                signs identified in its petition. Acuity                2016 (initially submitted on April 17,
                                                                                                                                                               amended through the Energy Efficiency
                                                contends that its combination                           2013) and in an email received on May                  Improvement Act of 2015, Public Law 114–11
                                                illuminated exit signs cannot be                        1, 2017, Acuity requested that DOE                     (April 30, 2015).
                                                accurately tested using the currently                   grant a test procedure waiver for                         3 Although illuminated exit signs are covered

                                                applicable DOE test procedure.                          specified models of illuminated exit                   products pursuant to EPCA, as a matter of
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                                                                                                                                                               administrative convenience and to minimize
                                                Although Acuity has proposed an                         signs that cannot be tested under the                  confusion among interested parties, DOE adopted
                                                alternate test procedure, DOE is                        existing DOE test procedure. The basic                 illuminated exit sign provisions into subpart L of
                                                proposing a different alternate test                    models of illuminated exit signs at issue              10 CFR part 431 (the portion of DOE’s regulations
                                                procedure to test and rate specified                    are models typically known as                          dealing with commercial and industrial equipment)
                                                                                                                                                               because typically businesses, rather than
                                                Acuity basic models in this notice. DOE                 combination illuminated exit signs.                    individuals, purchase them. 70 FR 60407, 60409
                                                solicits comments, data, and                            These basic models include components                  (Oct. 18, 2005). DOE refers to illuminated exit signs
                                                information concerning Acuity’s                         such as egress lighting or alarms that                 as either ‘‘products’’ or ‘‘equipment.’’



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                                                26470                         Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices

                                                   DOE may grant a waiver subject to                    lights will not be operational in this                 well documented in Acuity’s product
                                                conditions, including adherence to                      mode because they are designed to only                 literature for the basic models under
                                                alternate test procedures. 10 CFR                       operate under a condition when the unit                consideration. A lack of data in the
                                                431.401(f)(2) As soon as practicable after              is not receiving power.                                manufacturer data sheet with respect to
                                                the granting of any waiver, DOE will                       (2) Determine the total battery power,              the wattage of the light source(s)
                                                publish in the Federal Register a notice                with the battery circuit connected and                 prevents the accurate and repeatable
                                                of proposed rulemaking to amend its                     fully charged before any measurements                  calculation of the combination
                                                regulations so as to eliminate any need                 are made.                                              illuminated exit sign input power
                                                for the continuation of such waiver. As                 total battery power = input                            demand in Acuity’s proposed test
                                                soon thereafter as practicable, DOE will                     power¥rated wattage of light                      procedure. Therefore, DOE is proposing
                                                publish in the Federal Register a final                      source(s) for exit sign                           alternate test procedures that provide
                                                rule. 10 CFR 431.401(l).                                   (3) Determine the battery proration                 methods to test and rate the basic
                                                   DOE discusses the petition and                       factor.                                                models at issue without the rated
                                                alternate test procedures in the                        battery proration factor = (rated wattage              wattage of the light source(s).
                                                following sections.                                          of light source(s) for exit sign)/                   DOE investigated various approaches
                                                II. Petition for Waiver of Test Procedure                    (rated wattage of light sources(s) for            to isolate the input power used to
                                                   On March 22, 2016, Acuity filed an                        egress lighting + rated wattage of                illuminate only the exit sign portion of
                                                updated petition for a waiver (the initial                   light source(s) for exit sign)
                                                                                                                                                               a combination exit sign: Including
                                                petition was submitted on April 17,                        (4) Calculate the combination                       disconnecting the battery; scaling or
                                                2013) for certain basic models of                       illuminated exit sign power.                           prorating the portion of the input power
                                                illuminated exit signs that are required                combination illuminated exit sign                      demand associated with the battery; and
                                                to be tested according to test procedures                    power = (battery proration factor ×               measuring alternative power quantities
                                                detailed in 10 CFR 431.204. (Acuity, No.                     total battery power) + rated wattage              as a proxy for input power demand.
                                                0002 at pp. 1–3) 4 Acuity supplemented                       of light source(s) for exit sign                  DOE tentatively concluded that these
                                                its filing with an email submitted to                      Acuity seeks a test procedure waiver                methods would require isolating the
                                                DOE on May 1, 2017, that further                        for specified basic models (see footnote               battery power used to illuminate the
                                                clarified the specific basic models for                 and Table III.1). Acuity also requested                faces of the exit sign from the battery
                                                which the waiver is being requested.5                   that any new products introduced by                    power used to operate auxiliary
                                                Acuity has requested a waiver for basic                 the company into commerce that                         features. Based on DOE’s review of
                                                models that provide the dual function of                provide the dual function of exit signage              combination exit signs, DOE has
                                                exit signage and lighting for emergency                 and emergency egress lighting be                       tentatively determined that it is either
                                                egress (combination illuminated exit                    covered by the waiver. DOE regulations                 not possible to measure the required
                                                signs), stating that the battery used in                at 10 CFR 430.27(f)(2) provide that DOE                quantities or that doing so would
                                                combination illuminated exit signs                      may grant a waiver, including                          require cutting of wires and modifying
                                                requires a substantially larger capacity                adherence to alternate test procedures,                the circuitry of the combination exit
                                                to provide a minimum of 90 minutes of                   only for ‘‘the basic model(s) for which                sign.
                                                egress lighting, as required by safety                  the waiver was requested.’’ Acuity may
                                                codes. Acuity has further stated that it                request to extend the scope of a waiver                   DOE reviewed the basic models
                                                is not feasible to separate the power                   to additional basic models pursuant to                 submitted in Acuity’s petition for
                                                measurement associated with the exit                    10 CFR 431.401(g) by identifying the                   waiver and updated basic model list
                                                signage and the egress lighting because                 particular basic models for which a                    provided in Acuity’s email submitted to
                                                a single battery and charging circuit                   waiver is requested, but the present                   DOE on May 1, 2017, and determined
                                                supplies power for both functions.                      waiver, if granted, would extend to only               that the basic models in the waiver are
                                                   As an alternative to the test procedure              those basic models identified in the                   comprised of two sub-varieties: (A)
                                                currently in place at 10 CFR part 431,                  updated waiver petition currently under                Combination illuminated exit signs with
                                                subpart L, Acuity has recommended                       consideration.                                         equivalent non-combination versions 6
                                                that, for combination illuminated exit                                                                         and (B) Combination illuminated exit
                                                signs, the power should be determined                   III. Alternate Test Procedure                          signs without equivalent non-
                                                using the following procedure:                             Upon review of the alternate test                   combination versions. Table III.1
                                                   (1) Measure input power, which is the                procedure submitted by Acuity in its                   provides a review of the combination
                                                total power supplied to the combination                 petition for wavier, DOE found that                    illuminated exit sign basic models
                                                illuminated exit sign including the                     ‘‘rated wattage of light source(s)’’                   submitted by Acuity for waivers, and
                                                charging circuit and light source(s) for                associated with the face and egress light              notes DOE’s proposed alternate test
                                                the exit sign face(s). Note: The egress                 source(s), respectively, is not always                 method, described in detail below.


                                                   4 A notation in this form provides a reference for   1F HO, ECR LED 2F HO, ECG LED 1F, ECG LED              HO RED, QM LED 2F GREEN, QM LED 2F HO
                                                information that is in the docket for this test         2F, ECR LED 1F, ECR LED 2F, ECBG LED 1F, ECBG          GREEN, QM LED 2F RED, QM LED 2F HO RED,
                                                procedure waiver (Docket No. EERE–2017–BT–              LED 2F, ECBR LED 1F, ECBR LED 2F, LHD2D18G,            NXPCL 1F, and NXPCL 2F.
                                                WAV–0033) (available at https://                        LHD2D18R, LHD2D36G, LHD2D36R, LHD2D72G,                   6 DOE uses the term ‘‘equivalent non-combination
                                                www.regulations.gov/docket?D=EERE-2017-BT-              LHD2D72R, LHD2S18G, LHD2S18R, LHD2S36G,
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                                                                                                                                                               illuminated exit sign’’ in this notice to mean an
                                                WAV-0033). This notation indicates that the             LHD2S36R, LHD2S72G, LHD2S72R, LHQM LED 1F
                                                statement preceding the reference is document                                                                  illuminated exit sign that consists of electric
                                                                                                        HO GREEN, LHQM LED 1F HO RED, LHQM LED
                                                number 2 in the docket and appears at pages 1–3         2F HO GREEN, LHQM LED 2F HO RED, LHQM LED              consuming components and a battery identical to
                                                of that document.                                       1F GREEN, LHQM LED 1F RED, LHQM LED 2F                 those of the combination illuminated exit sign at
                                                   5 The following are the basic models of              GREEN, LHQM LED 2F RED, LHXNY W 1 R, LHXC              issue, but that does not have any auxiliary features.
                                                combination LED exit signs for which Acuity seeks       W 1 RW, LHXC W 2 RW, LHZ618 GREEN, LHZ618              The equivalent non-combination illuminated exit
                                                a test procedure waiver: ECG 1F, ECG 1F HO, ECG         RED, LHZ636 GREEN, LHZ636 RED, LHZ672                  sign must also have the same manufacturer and
                                                2F, ECG 2F HO, ECR 1F, ECR 1F HO, ECR 2F, ECR           GREEN, LHZ672 RED, QM LED 1F GREEN, QM                 number of faces as the combination exit sign whose
                                                2F HO, ECG LED 1F HO, ECG LED 2F HO, ECR LED            LED 1F HO GREEN, QM LED 1F RED, QM LED 1F              input power demand is being determined.



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                                                                                  Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices                                                                        26471

                                                               TABLE III.1—REVIEW OF COMBINATION ILLUMINATED EXIT SIGN BASIC MODELS SUBMITTED BY ACUITY
                                                                                                                                                                                          Equivalent                  DOE’s proposed
                                                                                                                                                                                        non-combination
                                                                                                    Acuity basic model *                                                                                               alternate test
                                                                                                                                                                                          illuminated                     method
                                                                                                                                                                                           exit sign *

                                                Lithonia Lighting brand models: ECG 1F, ECG 1F HO, ECG 2F, ECG 2F HO, ECR 1F, ECR 1F HO,                                              No .........................   Method B.
                                                   ECR 2F, ECR 2F HO.
                                                Lithonia Lighting brand models: ECG LED 1F HO, ECG LED 2F HO, ECR LED 1F HO, ECR LED 2F                                               No .........................   Method B.
                                                   HO.
                                                Lithonia Lighting brand models: ECG LED 1F, ECG LED 2F, ECR LED 1F, ECR LED 2F ..................                                     Yes ........................   Method A.
                                                Lithonia Lighting brand models: ECBG LED 1F, ECBG LED 2F, ECBR LED 1F, ECBR LED 2F .........                                          No .........................   Method B.
                                                Holophane brand models: LHD2D18G, LHD2D18R, LHD2D36G, LHD2D36R, LHD2D72G,                                                             No .........................   Method B.
                                                   LHD2D72R, LHD2S18G, LHD2S18R, LHD2S36G, LHD2S36R, LHD2S72G, LHD2S72R.
                                                Lithonia Lighting brand models: LHQM LED 1F HO GREEN, LHQM LED 1F HO RED, LHQM LED                                                    Yes ........................   Method A.
                                                   2F HO GREEN, LHQM LED 2F HO RED.
                                                Lithonia Lighting brand models: LHQM LED 1F GREEN, LHQM LED 1F RED, LHQM LED 2F                                                       No .........................   Method B.
                                                   GREEN, LHQM LED 2F RED.
                                                Lithonia Lighting brand model: LHXNY W 1 R ........................................................................................   No .........................   Method B.
                                                Lithonia Lighting brand models: LHXC W 1 RW, LHXC W 2 RW ...........................................................                  No .........................   Method B.
                                                Lithonia Lighting brand models: LHZ618 GREEN, LHZ618 RED, LHZ636 GREEN, LHZ636 RED,                                                   Yes ........................   Method A.
                                                   LHZ672 GREEN, LHZ672 RED.
                                                Holophane brand models: QM LED 1F GREEN, QM LED 1F HO GREEN, QM LED 1F RED, QM                                                        Yes ........................   Method A.
                                                   LED 1F HO RED, QM LED 2F GREEN, QM LED 2F HO GREEN, QM LED 2F RED, QM LED 2F
                                                   HO RED.
                                                Navilite brand models: NXPCL 1F, NXPCL 2F ........................................................................................    Yes ........................   Method A.
                                                   * All Acuity basic models listed in the table above are illuminated exit signs manufacturered exclusively with LEDs.


                                                  For these two sub-varieties, DOE                             consists entirely of components                                 measurement of only the input power
                                                presents the two alternate test methods,                       identical to all of those of the unit                           required to illuminate the face(s). DOE
                                                test method A and test method B, in the                        whose input power demand is being                               has also determined that these models
                                                following sections.                                            determined, but does not include any                            do not have equivalent non-combination
                                                                                                               auxiliary features, and contains an                             illuminated exit sign models, rendering
                                                A. Test Method for Combination
                                                                                                               electrically connected battery. The                             method A inapplicable. For these basic
                                                Illuminated Exit Sign Basic Models With
                                                                                                               equivalent unit must also have the same                         models, DOE is considering the
                                                Equivalent Non-Combination
                                                                                                               manufacturer and number of faces as the                         following alternate test method (method
                                                Illuminated Exit Signs (Method A)
                                                                                                               unit whose input power demand is                                B):
                                                   DOE has determined that for Acuity                          being determined.                                                  If the combination illuminated exit
                                                combination illuminated exit sign basic                           (2) Assign the input power demand of                         sign under test uses only LEDs to
                                                models ECG LED 1F, ECG LED 2F, ECR                             the combination illuminated exit sign                           illuminate all face(s) of the unit, assign
                                                LED 1F, ECR LED 2F, LHQM LED 1F                                under test as the input power demand                            an input power demand according to
                                                HO GREEN, LHQM LED 1F HO RED,                                  of the equivalent non-combination                               the following formula:
                                                LHQM LED 2F HO GREEN, LHQM LED                                 illuminated exit sign.                                          input power demand = 5 watts ×
                                                2F HO RED, LHZ618 GREEN, LHZ618                                                                                                      number of faces 7
                                                RED, LHZ636 GREEN, LHZ636 RED,                                 B. Test Method for Combination
                                                LHZ672 GREEN, LHZ672 RED, QM LED                               Illuminated Exit Sign Basic Models                              IV. Summary and Request for
                                                1F GREEN, QM LED 1F HO GREEN, QM                               Without Equivalent Non-Combination                              Comments
                                                LED 1F RED, QM LED 1F HO RED, QM                               Illuminated Exit Signs (Method B)                                 Through this notice, DOE is
                                                LED 2F GREEN, QM LED 2F HO                                        DOE has determined that for Acuity                           publishing Acuity’s petition for waiver
                                                GREEN, QM LED 2F RED, QM LED 2F                                combination illuminated exit sign basic                         pursuant to 10 CFR 431.401(b)(1)(iv).
                                                HO RED, NXPCL 1F, and NXPCL 2F it                              models ECG 1F, ECG 1F HO, ECG 2F,                               The petition contains no confidential
                                                is not possible to keep the face(s)                            ECG 2F HO, ECR 1F, ECR 1F HO, ECR                               information. The petition includes a
                                                illuminated while disconnecting the                            2F, ECR 2F HO, ECG LED 1F HO, ECG                               description of why DOE’s test procedure
                                                battery and all auxiliary features in a                        LED 2F HO, ECR LED 1F HO, ECR LED                               produces inaccurate results for certain
                                                manner that permits reinstallation using                       2F HO, ECBG LED 1F, ECBG LED 2F,                                models of combination illuminated exit
                                                only the original parts in order to allow                      ECBR LED 1F, ECBR LED 2F,                                       signs and a recommended alternate test
                                                for the measurement of only the input                          LHD2D18G, LHD2D18R, LHD2D36G,                                   procedure, applicable to the
                                                power required to illuminate the face(s).                      LHD2D36R, LHD2D72G, LHD2D72R,                                   measurement of energy efficiency of the
                                                However, DOE has determined that                               LHD2S18G, LHD2S18R, LHD2S36G,                                   models of combination illuminated exit
                                                these models have equivalent non-                              LHD2S36R, LHD2S72G, LHD2S72R,                                   signs specified by Acuity in its petition
                                                combination illuminated exit sign                              LHQM LED 1F GREEN, LHQM LED 1F                                  for waiver. In this notice, DOE proposes
                                                                                                               RED, LHQM LED 2F GREEN, LHQM
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                                                models. For these basic models, DOE is                                                                                         a different test method for determining
                                                considering the following alternate test                       LED 2F RED, LHXNY W 1 R, LHXC W                                 the energy efficiency of the combination
                                                method (method A):                                             1 RW, and LHXC W 2 RW it is not
                                                   (1) Identify a non-combination                              possible to keep the face(s) illuminated                           7 This method requires determination of the

                                                illuminated exit sign equivalent to the                        while disconnecting the battery and all                         number of faces for each basic model. Face count
                                                                                                                                                                               is the number of faces (no fewer than one) with
                                                combination illuminated exit sign under                        auxiliary features in a manner that                             which an illuminated exit sign basic model can be
                                                test. A unit is an equivalent non-                             permits reinstallation using only the                           configured by an end user when all electric light
                                                combination substitute only if it                              original parts to allow for the                                 sources are connected and energized.



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                                                26472                         Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices

                                                illuminated exit signs included in                      provide materially inaccurate                            (covering all lettering colors, housing
                                                Acuity’s waiver.                                        comparative data.                                      material, source type or other options
                                                   DOE solicits comments from                                                                                  for each basic model)
                                                interested parties on all aspects of the                Background
                                                                                                                                                                 Furthermore, Acuity Brands petitions
                                                petition, the test method recommended                      Illuminated Exit Signs are covered                  that any new products introduced by
                                                by Acuity, DOE’s stated concerns                        under the Energy Policy & Conservation                 Acuity Brands into commerce that
                                                regarding that test method, and DOE’s                   Act (EPCA) as amended by Section 135                   provide the dual function of exit signage
                                                proposed test procedure. Pursuant to 10                 of the Energy Policy Act of 2005 (EPAct                and emergency egress lighting will also
                                                CFR 431.401(d), any person submitting                   2005). This product category was                       be covered by the waiver.
                                                written comments to DOE must also                       included in EPA’s Energy Star program
                                                send a copy of such comments to the                     and the intent of the EPAct 2005                       Test Procedure Issues
                                                petitioner. The contact information for                 amendment was to make the Energy Star                     A combo unit utilizes a higher
                                                the petitioner is: Cheryl English, VP,                  program’s product regulated by EPCA.                   capacity battery to power both the exit
                                                Government & Industry Relations,                        The test procedures adopted by                         sign face(s) as well as emergency egress
                                                Acuity Brands Lighting, Inc., One                       Congress for this product category is the              lighting during a power outage. While
                                                Lithonia Way, Conyers, GA 30012. All                    Energy Star program (v. 2.0) test                      § 431.202 indicates that the input power
                                                submissions received must include the                   procedures, and the energy conservation                demand shall be measured with
                                                case number for this proceeding. Submit                 standards are the performance                          batteries at full charge, the higher
                                                electronic comments in WordPerfect,                     requirements for the Energy Star                       capacity dual function battery for a
                                                Microsoft Word, Portable Document                       program (v. 2.0). See 42 U.S.C.                        combo unit results in a higher power
                                                Format (PDF), or text (American                         6293(b)(9) and 6295(w).                                than a smaller battery utilized in a unit
                                                Standard Code for Information                              When Illuminated Exit Signs were                    that provides only the exit signage
                                                Interchange (ASCII)) file format and                    included in EPAct 2005, the industry                   functionality.
                                                avoid the use of special characters or                  interpretation was based on a scope                       The performance specification for the
                                                any form of encryption. Wherever                        consistent with the Energy Star program                input power described in the Energy
                                                possible, include the electronic                        covering products that provided only                   Star specifications limits the power to
                                                signature of the author. DOE does not                   the functional characteristics defined in              illuminate the face of the exit sign with
                                                accept telefacsimiles (faxes).                          the regulation to illuminate the signage               no reference to power associated with
                                                   According to 10 CFR 1004.11, any                     itself, with no expressed intent to also               the emergency egress lighting. The test
                                                person submitting information that he                   regulate energy used for emergency                     procedure for Energy Star 2.0 requires
                                                or she believes to be confidential and                  egress lighting. The statutory definition              the measurement of power including the
                                                exempt by law from public disclosure                    of illuminated exit sign (10 CFR                       internal battery, but the power limits
                                                should submit two copies: One copy of                   431.202) includes the phrase ‘‘consists                were not established using a baseline for
                                                the document including all the                          of electrically powered integral light                 units that provide the dual function
                                                information believed to be confidential,                source that—(i) illuminates the legend                 associated with a combo unit. For a
                                                and one copy of the document with the                   ‘EXIT’ and any directional indica-                     combo unit, it is not feasible to separate
                                                information believed to be confidential                 tors . . .’’                                           the power measurement associated with
                                                deleted. DOE will make its own
                                                                                                           Certain basic models of illuminated                 the exit signage and the egress lighting
                                                determination about the confidential
                                                                                                        exit signs provide the dual function of                since a single battery and charging
                                                status of the information and treat it
                                                                                                        exit signage and lighting for emergency                circuit supplies power for both
                                                according to its determination.
                                                                                                        egress (combo unit). However, the                      functions.
                                                  Issued in Washington, DC, on May 26,                  battery used in a combo unit requires a
                                                2017.                                                                                                          Alternate Test Procedure for Combo
                                                                                                        substantially larger capacity to provide
                                                Kathleen B. Hogan,                                                                                             Units
                                                                                                        a minimum of 90 minutes of egress
                                                Deputy Assistant Secretary for Energy                   lighting as required by life safety code,                 There are no nationally recognized
                                                Efficiency, Energy Efficiency and Renewable             as well as illuminating the EXIT legend                test procedures to measure the power
                                                Energy.                                                 and directional indicators. Because of                 for a combo unit that describes the
                                                Date: 3/22/2016                                         this, the test procedures when applied                 power associated only with illuminating
                                                Subject: Acuity Brands Updated Petition                 to a combo unit do not accurately                      the face(s) of the exit sign. Therefore
                                                     for Test Procedure Waiver for                      represent the energy consumption                       Acuity Brands is submitting the
                                                     Illuminated Exit Signs                             associated with illuminating the exit                  following alternate test procedure to
                                                   Upon request by DOE, Acuity Brands                   sign legend.                                           accurately represent the power of a
                                                is updating the petition request                           See the following Web site for figures              combo unit used to illuminating the
                                                submitted on 4/17/2013 for test                         of the ‘‘Standard Illuminated Exit Sign’’              legend ‘EXIT’, directional indicators and
                                                procedure waiver for Illuminated Exit                   and ‘‘Combo unit’’ Illuminated Exit Sign               proportional battery power for the
                                                Signs pursuant to 10 CFR 431.401 to                     and Egress Light’’: http://                            face(s) of the exit sign.
                                                clarify that the petition is for a final test           www.regulations.gov/                                      For combination exit and egress
                                                procedure waiver for certain models of                  #!docketDetail;D=EERE-2017-BT-WAV-                     lighting units (combo units), the power
                                                illuminated exit signs.                                 0033                                                   shall be determined by the following
                                                   The petition is on the grounds that the                                                                     procedure:
                                                                                                        Basic Models Requested for Test
                                                basic models contain design                                                                                       1. Measure input power, the total
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                                                                                                        Procedure Waiver
                                                characteristics which prevent testing of                                                                       power supplied to the combo unit
                                                the basic models according to the                         The following Acuity Brands basic                    including the charging circuit and light
                                                prescribed test procedures and that the                 models are submitted under the                         source(s) for the exit sign face(s). Note:
                                                prescribed test procedures evaluate the                 conditions of this waiver:                             The egress lights will not be operational
                                                basic models in a manner                                  EC, ECB, LHD2, LHQM, LHX, LHXC,                      in this mode since they are designed to
                                                unrepresentative of their true energy                   LHZ, QM, NNYXSC, NX (NavLite                           only operate under a condition when
                                                consumption characteristics and                         combo)                                                 the unit is not receiving power.


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                                                                              Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices                                                  26473

                                                  2. Determine the total battery power,                   Thank you in advance for your                        project would have an annual
                                                with the battery circuit connected and                  prompt consideration of this waiver                    generation of 139,369 megawatt-hours.
                                                fully charged before any measurements                   request.                                                  Applicant Contact: Adam Rousselle,
                                                are made.                                               Cheryl English                                         Merchant Hydro Developers, LLC, 5710
                                                total battery power = input                             VP, Government & Industry Relations                    Oak Crest Drive, Doylestown, PA 18902;
                                                     power¥rated wattage of light                       Acuity Brands Lighting, Inc., One                      phone: 267–254–6107.
                                                     source(s) for exit sign                              Lithonia Way, Conyers, GA 30012,                        FERC Contact: Monir Chowdhury;
                                                                                                          770–860–2660, Cheryl.English@                        phone: (202) 502–6736.
                                                  3. Determine the battery proration                                                                              Deadline for filing comments, motions
                                                factor:                                                   AcuityBrands.com.
                                                                                                                                                               to intervene, competing applications
                                                                                                        [FR Doc. 2017–11790 Filed 6–6–17; 8:45 am]
                                                Battery proration factor = rated wattage                                                                       (without notices of intent), or notices of
                                                     of light source(s) for exit sign (rated            BILLING CODE 6450–01–P                                 intent to file competing applications: 60
                                                     wattage of light sources(s) for egress                                                                    days from the issuance of this notice.
                                                     lighting + rated wattage of light                                                                         Competing applications and notices of
                                                     source(s) for exit sign)                           DEPARTMENT OF ENERGY
                                                                                                                                                               intent must meet the requirements of 18
                                                  4. Calculate the combo unit power:                    Federal Energy Regulatory                              CFR 4.36.
                                                                                                        Commission                                                The Commission strongly encourages
                                                Combo unit power = (Battery proration                                                                          electronic filing. Please file comments,
                                                     factor × total battery power) + rated              [Project No. 14828–000]                                motions to intervene, notices of intent,
                                                     wattage of light source(s) for exit                                                                       and competing applications using the
                                                     sign                                               Merchant Hydro Developers, LLC;                        Commission’s eFiling system at http://
                                                                                                        Notice of Preliminary Permit                           www.ferc.gov/docs-filing/efiling.asp.
                                                Conclusion
                                                                                                        Application Accepted for Filing and                    Commenters can submit brief comments
                                                   Acuity Brands is submitting this                     Soliciting Comments, Motions To                        up to 6,000 characters, without prior
                                                request for a test procedure waiver for                 Intervene, and Competing Applications                  registration, using the eComment system
                                                combo units that provide the dual                                                                              at http://www.ferc.gov/docs-filing/
                                                function of exit signage and emergency                     On January 18, 2017, Merchant Hydro
                                                                                                        Developers, LLC, filed an application for              ecomment.asp. You must include your
                                                egress lighting. The waiver request has                                                                        name and contact information at the end
                                                outlined that:                                          a preliminary permit, pursuant to
                                                                                                        section 4(f) of the Federal Power Act                  of your comments. For assistance,
                                                   1. The prescribed test procedures are                                                                       please contact FERC Online Support at
                                                                                                        (FPA), proposing to study the feasibility
                                                based on power intended only to                                                                                FERCOnlineSupport@ferc.gov, (866)
                                                                                                        of the Meyersdale Pumped Storage
                                                illuminate the face of the exit sign and                                                                       208–3676 (toll free), or (202) 502–8659
                                                                                                        Hydroelectric Project to be located in
                                                will evaluate the basic models of combo                                                                        (TTY). In lieu of electronic filing, please
                                                                                                        Somerset County, Pennsylvania. The
                                                units in a manner unrepresentative of                                                                          send a paper copy to: Secretary, Federal
                                                                                                        sole purpose of a preliminary permit, if
                                                their true energy consumption                                                                                  Energy Regulatory Commission, 888
                                                                                                        issued, is to grant the permit holder
                                                characteristics                                                                                                First Street NE., Washington, DC 20426.
                                                                                                        priority to file a license application
                                                   2. the prescribed test procedures will               during the permit term. A preliminary                  The first page of any filing should
                                                evaluate the basic models of combo                      permit does not authorize the permit                   include docket number P–14828–000.
                                                units in a manner that results in                       holder to perform any land-disturbing                     More information about this project,
                                                materially inaccurate comparative data,                 activities or otherwise enter upon lands               including a copy of the application, can
                                                and                                                     or waters owned by others without the                  be viewed or printed on the ‘‘eLibrary’’
                                                   3. there are no existing industry                    owners’ express permission.                            link of the Commission’s Web site at
                                                standards that define test procedures to                   The proposed project would consist of               http://www.ferc.gov/docs-filing/
                                                measure the energy consumption                          the following: (1) A new upper reservoir               elibrary.asp. Enter the docket number
                                                characteristics for a combo unit that is                with a surface area of 45 acres and a                  (P–14828) in the docket number field to
                                                associated with only the exit sign                      storage capacity of 675 acre-feet at a                 access the document. For assistance,
                                                face(s), and                                            surface elevation of approximately 2,790               contact FERC Online Support.
                                                   4. the alternate test procedure                      feet above mean sea level (msl) created                  Dated: June 1, 2017.
                                                proposed by Acuity Brands for combo                     through construction of a new roller-                  Kimberly D. Bose,
                                                units will accurately describe the power                compacted concrete or rock-filled dam                  Secretary.
                                                to illuminate the face of the exit and the              and/or dike; (2) excavating a new lower                [FR Doc. 2017–11766 Filed 6–6–17; 8:45 am]
                                                proportion of battery charging circuit                  reservoir with a surface area of 30 acres
                                                                                                                                                               BILLING CODE 6717–01–P
                                                power used to illuminate the face(s) of                 and a total storage capacity of 810 acre-
                                                the exit during a power outage.                         feet at a surface elevation of 2,100 feet
                                                   Based on DOE general counsel                         msl; (3) a new 5,500-foot-long, 48-inch-               DEPARTMENT OF ENERGY
                                                guidance on waivers issued December                     diameter penstock connecting the upper
                                                23, 2010, it is our understanding that                  and lower reservoirs; (4) a new 150-foot-              Federal Energy Regulatory
                                                DOE has made a commitment to (1) act                    long, 50-foot-wide powerhouse                          Commission
                                                promptly on waiver requests and to                      containing two turbine-generator units
                                                update its test procedures to address                   with a total rated capacity of 38                      [Docket No. ER17–1723–000]
                                                granted waivers going forward and (2)                   megawatts; (5) a new transmission line
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                                                                                                                                                               Green Power Solutions of Georgia,
                                                prevent the administrative waiver                       connecting the powerhouse to a nearby                  LLC; Supplemental Notice That Initial
                                                process from delaying or deterring the                  electric grid interconnection point at the             Market-Based Rate Filing Includes
                                                introduction of novel, innovative                       Meyersdale Wind Farm; and (6)                          Request for Blanket Section 204
                                                products into the marketplace and as a                  appurtenant facilities. Possible initial               Authorization
                                                matter of enforcement policy will                       fill water and make-up water would
                                                refrain from enforcement actions related                come from the nearby Casselman River,                    This is a supplemental notice in the
                                                to pending waiver requests.                             including groundwater. The proposed                    above-referenced proceeding of Green


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Document Created: 2017-06-07 02:00:29
Document Modified: 2017-06-07 02:00:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of petition for waiver and request for public comments.
DatesDOE will accept comments, data, and information with respect to the petition received until July 7, 2017.
ContactMr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected]
FR Citation82 FR 26469 

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