83_FR_52413 83 FR 52213 - Energy Conservation Program: Decision and Order Granting a Waiver to Big Ass Solutions From the Department of Energy Ceiling Fan Test Procedure

83 FR 52213 - Energy Conservation Program: Decision and Order Granting a Waiver to Big Ass Solutions From the Department of Energy Ceiling Fan Test Procedure

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 200 (October 16, 2018)

Page Range52213-52216
FR Document2018-22476

The U.S. Department of Energy (``DOE'') gives notice of a Decision and Order (Case Number 2017-011) that grants to Big Ass Solutions (``BAS'') a waiver from specified portions of the DOE test procedure for determining the energy efficiency of ceiling fans. Under the Decision and Order, BAS is required to test and rate specified basic models of its ceiling fans in accordance with the alternate test procedure specified in the Decision and Order.

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018)
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52213-52216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22476]


=======================================================================
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DEPARTMENT OF ENERGY

[Case Number 2017-011; EERE-2017-BT-WAV-0049]


Energy Conservation Program: Decision and Order Granting a Waiver 
to Big Ass Solutions From the Department of Energy Ceiling Fan Test 
Procedure

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

ACTION: Notice of decision and order.

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

SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case Number 2017-011) that grants to Big Ass 
Solutions (``BAS'') a waiver from specified portions of the DOE test 
procedure for determining the energy efficiency of ceiling fans. Under 
the Decision and Order, BAS is required to test and rate specified 
basic models of its ceiling fans in accordance with the alternate test 
procedure specified in the Decision and Order.

DATES: The Decision and Order is effective on October 16, 2018. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for ceiling fans located in 10 
CFR part 430, subpart B, appendix U that addresses the issues presented 
in this waiver. At such time, BAS must use the relevant test procedure 
for this product for any testing to demonstrate compliance with 
standards, and any other representations of energy use.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Email: 
AS_Waiver_Requests@ee.doe.gov.
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence 
Avenue SW, Washington, DC 20585-0103. Email: Elizabeth.Kohl@hq.doe.gov. 
Telephone (202) 586-7796.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR

[[Page 52214]]

430.27(f)(2)), DOE gives notice of the issuance of its Decision and 
Order as set forth below. The Decision and Order grants BAS a waiver 
from the applicable test procedure in 10 CFR part 430, subpart B, 
appendix U for specified basic models of ceiling fans, provided that 
BAS tests and rates such products using the alternate test procedure 
specified in the Decision and Order. BAS's representations concerning 
the energy efficiency of the specified basic models must be based on 
testing according to the provisions and restrictions in the alternate 
test procedure set forth in the Decision and Order, and the 
representations must fairly disclose the test results. Distributors, 
retailers, and private labelers are held to the same requirements when 
making representations regarding the energy efficiency of these 
products. (42 U.S.C. 6293(c))
    Consistent with 10 CFR 430.27(j), not later than December 17, 2018, 
any manufacturer currently distributing in commerce in the United 
States products employing a technology or characteristic that results 
in the same need for a waiver from the applicable test procedure must 
submit a petition for waiver. Manufacturers not currently distributing 
such products in commerce in the United States must petition for and be 
granted a waiver prior to the distribution in commerce of those 
products in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 430.27.

    Signed in Washington, DC, on October 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #2017-011

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA''),\1\ 
Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among other 
things, authorizes the U.S. Department of Energy (``DOE'') to 
regulate the energy efficiency of a number of consumer products and 
industrial equipment. Title III, Part B \2\ of EPCA established the 
Energy Conservation Program for Consumer Products Other Than 
Automobiles, which sets forth a variety of provisions designed to 
improve energy efficiency for certain types of consumer products. 
These products include ceiling fans, the focus of this document. (42 
U.S.C. 6291(49); 42 U.S.C. 6295(ff))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    Under EPCA, DOE's energy conservation program consists 
essentially of four parts: (1) Testing, (2) labeling, (3) Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 
U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6295(s)), and (2) making representations about the efficiency of 
that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the product complies with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and 
procedures DOE is required to follow when prescribing or amending 
test procedures for covered products. EPCA requires that any test 
procedures prescribed or amended under this section must be 
reasonably designed to produce test results which reflect energy 
efficiency, energy use or estimated annual operating cost of a 
covered product during a representative average use cycle or period 
of use and requires that test procedures not be unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for ceiling fans 
is contained in the Code of Federal Regulations (``CFR'') at 10 CFR 
part 430, subpart B, appendix U, Uniform test method for measuring 
the energy consumption of ceiling fans (``Appendix U'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as 
to provide materially inaccurate comparative data. 10 CFR 
430.27(a)(1). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 
430.27(f)(2).

II. Petition for Waiver: Assertions and Determinations

    By letter dated June 14, 2017, BAS filed a petition for waiver 
and an application for interim waiver from the test procedure 
applicable to ceiling fans set forth in Appendix U. According to 
BAS, testing at low speed for the basic models listed in the 
petition \3\ may cause BAS undue hardship in meeting the stability 
requirements contained in appendix U. BAS stated that when testing 
the specified basic models at low speed the average air speed is so 
low that the acceptable variance under the stability criteria is 
often less than 2 feet per minute, which falls below the accuracies 
for airflow sensors required in section 3.3.2 of Appendix U. 
Consequently, in its petition, BAS offered two alternate test 
procedures for determining the stability criteria for testing low-
speed small-diameter ceiling fans at low speed: (1) BAS's preferred 
method, which would require BAS to employ a stability criteria using 
airflow instead of air velocity measurements, and (2) BAS's 
alternate method, which would require relaxing the low speed 
stability criteria from DOE's requirement of 5 percent to 10 
percent. BAS initially stated that this second method is not 
preferred because it could add significant variability to the 
calculated airflow on low speed. BAS also requested an interim 
waiver from the existing DOE test procedure. However, by email dated 
December 6, 2017, BAS withdrew its preferred method for modifying 
the stability criteria from consideration. Instead, BAS requested 
that DOE consider its alternate method as its recommendation for the 
alternate test procedure.\4\
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    \3\ The specific basic models for which the petition applies are 
ceiling fan basic models Isis F-IS2-0601S4, Isis F-IS2-0601, Isis F-
IS2-0401L8S4, Isis F-IS2-0401L8, Isis F-IS2-0401I06L8S4, Isis F-IS2-
0401I06L8, Isis F-IS2-0501L8S4 and Isis F-IS2-0501L8. These basic 
model names were provided by BAS in its June 2017 petition.
    \4\ A copy of the email is available at http://www.regulations.gov, under docket number EERE-2017-BT-WAV-0049.
---------------------------------------------------------------------------

    On March 23, 2018, DOE published a notice announcing its receipt 
of the petition for waiver and granting BAS an interim waiver. 83 FR 
12726. In the notice of petition for waiver, DOE reviewed the 
alternate test procedure suggested by BAS and granted the interim 
waiver initially finding that the alternate test procedure of 
relaxing the stability criteria for low speed will allow for the 
accurate measurement of efficiency of these products, while 
alleviating the testing problems associated with BAS's 
implementation of ceiling fan testing for the basic models specified 
in its petition. In that notice, DOE also solicited comments from 
interested parties on all aspects of the petition and specified an 
alternate test procedure that must be followed for testing and 
certifying the specific basic models for which BAS requested a 
waiver. Id.
    DOE received two relevant comments to the notice of petition for 
waiver.\5\ Both comments were supportive of DOE granting the waiver 
and encouraged DOE to make the alternate test procedure available to 
all ceiling fan manufacturers. Specifically, Hunter stated that it 
supports BAS's waiver and encouraged DOE to make the BAS alternate 
test procedure available to all ceiling fan test facilities that are 
dealing with similar issues with meeting stability criteria.\6\

[[Page 52215]]

(Hunter, No. 6 at p. 1) American Lighting Association (ALA) stated 
that it supports BAS for bringing the issue forward. ALA stated that 
the issue of stability testing has plagued many manufacturers, and 
that if approval of the waiver is granted, then DOE should make the 
alternate test procedure applicable to all manufacturers of small 
diameter ceiling fans so that testing burden is reduced.\7\ (ALA, 
No. 8 at p. 2)
---------------------------------------------------------------------------

    \5\ DOE received other comments regarding issues unrelated to 
the waiver petition. See the docket for this notice at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0049.
    \6\ Hunter's comment can be accessed at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0049-0006.
    \7\ ALA's comment can be accessed at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0049-0008.
---------------------------------------------------------------------------

    While the petition for waiver from BAS and the interim waiver 
granted by DOE addressed the required testing at low speed only, 
Hunter also suggested that the same alternate test procedure 
stability criteria be applied to high speed as well, stating that 
there is test efficiency gain for high speed also. (Hunter, No. 6 at 
p. 2) Furthermore, Hunter stated that although relaxing the air 
velocity stability criteria for low and high speed for the entire 
industry would help reduce undue burden, it also recommended that 
DOE consider requiring stability for airflow instead of air 
velocity, stating that when overall airflow on low or high speed 
from one test run to the next is substantially unchanged, stability 
is reached, and that air velocity being the same for a particular 
sensor from one second to the next is of no real consequence and 
unnecessarily adds to the burden. Id.
    As to Hunter's and ALA's request to make an alternate test 
procedure available to all manufacturers that are faced with similar 
issues as BAS, DOE considers such requests in the context of a 
rulemaking proceeding rather than through the waiver process. As 
noted, any manufacturer currently distributing in commerce in the 
United States products employing a technology or characteristic that 
results in the same need for a waiver from the applicable test 
procedure must submit a petition for waiver. 10 CFR 430.27(j). The 
waiver process addresses particular basic models that contain one or 
more design characteristics which either prevent testing according 
to the prescribed test procedures or cause the prescribed test 
procedures to evaluate the basic models in a manner so 
unrepresentative of its true energy and/or water consumption 
characteristics as to provide materially inaccurate comparative 
data. 10 CFR 430.27(a)(1). Changes to the test procedure that apply 
to the covered product more generally would appropriately be 
addressed as part of a rulemaking.
    Regarding Hunter's request that DOE provide an alternate test 
procedure for testing at high speed, DOE would also consider such a 
request generally in the context of a rulemaking. The petition 
submitted by BAS does not address testing issues at high speed. DOE 
understands that the ceiling fans specified in the BAS petition, 
when operated at low speed, produce air velocities that have trouble 
meeting the stability criteria because the average air velocity is 
so low that it creates highly variable airflow patterns. BAS also 
specifically stated that at low speed for the basic models in 
question, the air speed is so low that the acceptable variance under 
the stability criteria (often less than 2 feet per minute) falls 
below the required accuracies for airflow sensors in section 3.3.2 
of Appendix U (i.e., the fans specified by BAS cannot be tested 
according the required test procedure). DOE understands that the 
cost of sensors to obtain the resolution needed at the very low 
speeds would be substantial. DOE is unaware of similar issues when 
testing at high speed. In the ceiling fan test procedure final rule, 
DOE observed that across nearly 40 fans tested at high speed, no 
sensors recorded an average velocity at levels low enough that the 
acceptable variance under the stability criteria fell below the 
required accuracies for airflow sensors in section 3.3.2 of Appendix 
U (i.e., the average velocities were greater than 40 feet per 
minute). 81 FR 48620, 48628 (July 25, 2016). If Hunter has any test 
data indicating a problem with the stability criteria at high speed, 
DOE would consider that data in determining whether any changes to 
the test procedure would be appropriate.
    Regarding Hunter's recommendation to require stability for 
airflow instead of air velocity to determining test room stability, 
under the current DOE test procedure, air velocity is measured at 
each sensor along the sensor arm, and airflow is calculated based on 
these measurements. The air velocity measurements indicate both the 
amount and location of air provided by the fan within the effective 
area (i.e., the air profile). DOE found that large variations in air 
profile often indicate test room instability (e.g., localized 
temperature gradients that effect airflow). Applying stability 
criteria to the air velocity measurements ensures that successive 
sets of measurements result in similar air profiles, which is 
indicative of test room stability. DOE has observed that the 
stability criteria applied only to airflow could be met with large 
variations in air profile (i.e., at unstable test room conditions). 
This allows for airflow, and in turn fan efficiency, to vary 
significantly between multiple tests of the same fan because stable 
airflow can be achieved at varied test room conditions. If Hunter 
has any test data regarding the sufficiency of using airflow to 
conclude test room stability, however, DOE may consider stability 
criteria using airflow in a future rulemaking.
    BAS's petition requested a waiver from the test procedure 
applicable to the specified ceiling fans only in regard to the 
stability criteria for testing at low speed. DOE reviewed the 
manufacturer specifications and test data provided by BAS. DOE 
concluded that the data demonstrated that the basic models specified 
in the petition cannot be tested under the DOE test procedure 
because when testing the basic models at low speed, the air speed is 
so low that the acceptable variance under the stability criteria 
(often less than 2 feet per minute) falls below the required 
accuracies for airflow sensors in section 3.3.2 of Appendix U. This 
Decision and Order grants an alternate test procedure for low speed 
only.
    DOE understands that absent a waiver, the basic models 
identified by BAS in its petition cannot be tested and rated for 
energy consumption on a basis representative of their true energy 
consumption characteristics. DOE has reviewed the recommended 
procedure suggested by BAS and concludes that it will allow for the 
accurate measurement of the energy use of the basic model, while 
alleviating the testing problems associated with BAS's 
implementation of DOE's applicable ceiling fan test procedure for 
the specified basic models. In the Decision and Order, DOE is 
requiring that BAS test and rate the ceiling fan basic models for 
which it has requested a waiver according to the alternate test 
procedure specified in the Decision and Order, which is identical to 
the procedure provided in the interim waiver
    In its petition BAS sought a test procedure waiver for certain 
basic models. This Decision and Order is applicable only to BAS and 
only to the basic models listed and does not extend to any other 
basic models.
    BAS may request that the scope of this waiver be extended to 
include additional basic models that employ the same technology as 
those listed in this waiver. 10 CFR 430.27(g). BAS may also submit 
another petition for waiver from the test procedure for additional 
basic models that employ a different technology and meet the 
criteria for test procedure waivers. 10 CFR 430.27(a)(1).
    DOE notes that it may modify the waiver at any time upon DOE's 
determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from 
the alternate test procedure are unrepresentative of the basic 
models' true energy consumption characteristics. 10 CFR 
430.27(k)(1). Likewise, BAS may request that DOE rescind or modify 
the waiver if the company discovers an error in the information 
provided to DOE as part of its petition, determines that the waiver 
is no longer needed, or for other appropriate reasons. 10 CFR 
430.27(k)(2).

III. Consultations with Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission (``FTC'') staff concerning the BAS petition 
for waiver. The FTC staff did not have any objections to granting a 
waiver to BAS.

IV. Order

    After careful consideration of all the material that was 
submitted by BAS and commenters in this matter, it is ORDERED that:
    (1) BAS must, as of the date of publication of this Order in the 
Federal Register, test and rate the following ceiling fan basic 
models with the alternate test procedure as set forth in paragraph 
(2):

 
------------------------------------------------------------------------
             Brand Name                           Basic Model
------------------------------------------------------------------------
Isis................................  F-IS2-0601S4
Isis................................  F-IS2-0601
Isis................................  F-IS2-0401L8S4
Isis................................  F-IS2-0401L8
Isis................................  F-IS2-0401I06L8S4
Isis................................  F-IS2-0401I06L8
Isis................................  F-IS2-0501L8S4
Isis................................  F-IS2-0501L8
------------------------------------------------------------------------


[[Page 52216]]

    (2) The alternate test procedure for the BAS basic models listed 
in paragraph (1) of this Order is the test procedure for ceiling 
fans prescribed by DOE at 10 CFR part 430, subpart B, appendix U, 
except that under section 3.3.2 of appendix U, the stability 
criteria for low speed is relaxed from 5 percent to 10 percent. The 
alternative test procedure shall apply as follows:

3.3.2 Airflow and Power Consumption Testing Procedure

    Measure the airflow (CFM) and power consumption (W) for HSSD 
ceiling fans until stable measurements are achieved, measuring at 
high speed only. Measure the airflow and power consumption for LSSD 
ceiling fans until stable measurements are achieved, measuring first 
at low speed and then at high speed. Airflow and power consumption 
measurements are considered stable for high speed if:
    (1) The average air velocity for all axes for each sensor varies 
by less than 5% compared to the average air velocity measured for 
that same sensor in a successive set of air velocity measurements, 
and
    (2) Average power consumption varies by less than 1% in a 
successive set of power consumption measurements.
    Airflow and power consumption measurements are considered stable 
for low speed if:
    (1) The average air velocity for all axes for each sensor varies 
by less than 10% compared to the average air velocity measured for 
that same sensor in a successive set of air velocity measurements, 
and
    (2) Average power consumption varies by less than 1% in a 
successive set of power consumption measurements.
    (3) Representations. BAS may not make representations about the 
efficiency of the basic models identified in paragraph (1) of this 
Order for compliance, marketing, or other purposes unless the basic 
model has been tested in accordance with the provisions set forth 
above and such representations fairly disclose the results of such 
testing in accordance with 10 CFR part 430, subpart B, appendix U 
and 10 CFR 429.32, as specified in this Order.
    (4) This waiver shall remain in effect according to the 
provisions of 10 CFR 430.27.
    (5) This waiver is issued on the condition that the statements, 
representations, and documentation provided by BAS are valid. If BAS 
makes any modifications to the configuration of these basic models, 
the waiver will no longer be valid and BAS will either be required 
to use the current Federal test method or submit a new application 
for a test procedure waiver. DOE may revoke or modify this waiver at 
any time if it determines the factual basis underlying the petition 
for waiver is incorrect, or the results from the alternate test 
procedure are unrepresentative of the basic models' true energy 
consumption characteristics. 10 CFR 430.27(k)(1). Likewise, BAS may 
request that DOE rescind or modify the waiver if BAS discovers an 
error in the information provided to DOE as part of its petition, 
determines that the waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Granting of this waiver does not release BAS from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on October 9, 2018.

Kathleen B. Hogan,

Deputy Assistant Secretary for Energy Efficiency Energy Efficiency 
and Renewable Energy.

[FR Doc. 2018-22476 Filed 10-15-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                           Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                               52213

                                                Dated: October 11, 2018.                              assess the impact of its information                    Dated: October 11, 2018.
                                              Tracey L. Thompson,                                     collection requirements and minimize                  Kate Mullan,
                                              Acting Deputy Director, Office of Sustainable           the public’s reporting burden. It also                Acting Director, Information Collection
                                              Fisheries, National Marine Fisheries Service.           helps the public understand the                       Clearance Division, Office of the Chief Privacy
                                              [FR Doc. 2018–22505 Filed 10–15–18; 8:45 am]            Department’s information collection                   Officer, Office of Management.
                                              BILLING CODE 3510–22–P                                  requirements and provide the requested                [FR Doc. 2018–22445 Filed 10–15–18; 8:45 am]
                                                                                                      data in the desired format. ED is                     BILLING CODE 4000–01–P
                                                                                                      soliciting comments on the proposed
                                              DEPARTMENT OF EDUCATION                                 information collection request (ICR) that
                                                                                                      is described below. The Department of                 DEPARTMENT OF ENERGY
                                              [Docket No.: ED–2018–ICCD–0084]
                                                                                                      Education is especially interested in                 [Case Number 2017–011; EERE–2017–BT–
                                              Agency Information Collection                           public comment addressing the                         WAV–0049]
                                              Activities; Submission to the Office of                 following issues: (1) Is this collection
                                              Management and Budget for Review                        necessary to the proper functions of the              Energy Conservation Program:
                                              and Approval; Comment Request;                          Department; (2) will this information be              Decision and Order Granting a Waiver
                                              Common Core of Data (CCD) School-                       processed and used in a timely manner;                to Big Ass Solutions From the
                                              Level Finance Survey (SLFS) 2018–                       (3) is the estimate of burden accurate;               Department of Energy Ceiling Fan Test
                                              2020                                                    (4) how might the Department enhance                  Procedure
                                              AGENCY:   National Center for Education                 the quality, utility, and clarity of the              AGENCY: Office of Energy Efficiency and
                                              Statistics (NCES), Department of                        information to be collected; and (5) how              Renewable Energy, Department of
                                              Education (ED).                                         might the Department minimize the                     Energy.
                                              ACTION: Notice.                                         burden of this collection on the                      ACTION: Notice of decision and order.
                                                                                                      respondents, including through the use
                                              SUMMARY:    In accordance with the                      of information technology. Please note                SUMMARY:    The U.S. Department of
                                              Paperwork Reduction Act of 1995, ED is                  that written comments received in                     Energy (‘‘DOE’’) gives notice of a
                                              proposing a revision of an existing                     response to this notice will be                       Decision and Order (Case Number
                                              information collection.                                 considered public records.                            2017–011) that grants to Big Ass
                                              DATES: Interested persons are invited to                                                                      Solutions (‘‘BAS’’) a waiver from
                                                                                                         Title of Collection: Common Core of                specified portions of the DOE test
                                              submit comments on or before
                                              November 15, 2018.                                      Data (CCD) School-Level Finance                       procedure for determining the energy
                                                                                                      Survey (SLFS) 2018–2020.                              efficiency of ceiling fans. Under the
                                              ADDRESSES: To access and review all the
                                              documents related to the information                       OMB Control Number: 1850–0930.                     Decision and Order, BAS is required to
                                              collection listed in this notice, please                   Type of Review: A revision of an                   test and rate specified basic models of
                                              use http://www.regulations.gov by                       existing information collection.                      its ceiling fans in accordance with the
                                              searching the Docket ID number ED–                                                                            alternate test procedure specified in the
                                                                                                         Respondents/Affected Public: State,                Decision and Order.
                                              2018–ICCD–0084. Comments submitted
                                                                                                      Local, and Tribal Governments.                        DATES: The Decision and Order is
                                              in response to this notice should be
                                              submitted electronically through the                       Total Estimated Number of Annual                   effective on October 16, 2018. The
                                              Federal eRulemaking Portal at http://                   Responses: 306.                                       Decision and Order will terminate upon
                                              www.regulations.gov by selecting the                       Total Estimated Number of Annual                   the compliance date of any future
                                              Docket ID number or via postal mail,                    Burden Hours: 4,938.                                  amendment to the test procedure for
                                              commercial delivery, or hand delivery.                                                                        ceiling fans located in 10 CFR part 430,
                                              Please note that comments submitted by                     Abstract: The School-Level Finance                 subpart B, appendix U that addresses
                                              fax or email and those submitted after                  Survey (SLFS) data collection is                      the issues presented in this waiver. At
                                              the comment period will not be                          conducted annually by the National                    such time, BAS must use the relevant
                                              accepted. Written requests for                          Center for Education Statistics (NCES),               test procedure for this product for any
                                              information or comments submitted by                    within the U.S. Department of                         testing to demonstrate compliance with
                                              postal mail or delivery should be                       Education (ED). SLFS complements two                  standards, and any other representations
                                              addressed to the Director of the                        existing data collections conducted by                of energy use.
                                              Information Collection Clearance                        NCES in collaboration with the U.S.                   FOR FURTHER INFORMATION CONTACT:
                                              Division, U.S. Department of Education,                 Census Bureau (Census): The School                       Ms. Lucy deButts, U.S. Department of
                                              550 12th Street SW, PCP, Room 9086,                     District Finance Survey (F–33) and the                Energy, Office of Energy Efficiency and
                                              Washington, DC 20202–0023.                              state-level National Public Education                 Renewable Energy, Building
                                              FOR FURTHER INFORMATION CONTACT: For                    Financial Survey (NPEFS). SLFS                        Technologies Office, EE–5B, 1000
                                              specific questions related to collection                expands F–33 to include its finance                   Independence Avenue SW, Washington,
                                              activities, please contact Kashka                       variables at the school level. Beginning              DC 20585–0121. Email: AS_Waiver_
                                              Kubzdela, 202–245–7377 or email                         with FY18, the SEAs will report total                 Requests@ee.doe.gov.
                                              NCES.Information.Collections@ed.gov.                    current expenditures at the school level                 Ms. Elizabeth Kohl, U.S. Department
                                              SUPPLEMENTARY INFORMATION: The                          in the same manner as for the district                of Energy, Office of the General Counsel,
                                              Department of Education (ED), in                        level on F–33. This request is to conduct             Mail Stop GC–33, Forrestal Building,
amozie on DSK3GDR082PROD with NOTICES1




                                              accordance with the Paperwork                           in 2019 through 2021 SLFS for fiscal                  1000 Independence Avenue SW,
                                              Reduction Act of 1995 (PRA) (44 U.S.C.                  years 2018 through 2020 (corresponding                Washington, DC 20585–0103. Email:
                                              3506(c)(2)(A)), provides the general                    to school years 2017/18 through 2019/                 Elizabeth.Kohl@hq.doe.gov. Telephone
                                              public and Federal agencies with an                     20) and to expand the collected data to               (202) 586–7796.
                                              opportunity to comment on proposed,                     be analogous to the current ESSA                      SUPPLEMENTARY INFORMATION: In
                                              revised, and continuing collections of                  expenditures per pupil provision.                     accordance with Title 10 of the Code of
                                              information. This helps the Department                                                                        Federal Regulations (10 CFR


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                                              52214                         Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              430.27(f)(2)), DOE gives notice of the                   products. These products include ceiling               meeting the stability requirements contained
                                              issuance of its Decision and Order as set                fans, the focus of this document. (42 U.S.C.           in appendix U. BAS stated that when testing
                                              forth below. The Decision and Order                      6291(49); 42 U.S.C. 6295(ff))                          the specified basic models at low speed the
                                                                                                          Under EPCA, DOE’s energy conservation               average air speed is so low that the
                                              grants BAS a waiver from the applicable                                                                         acceptable variance under the stability
                                                                                                       program consists essentially of four parts: (1)
                                              test procedure in 10 CFR part 430,                       Testing, (2) labeling, (3) Federal energy              criteria is often less than 2 feet per minute,
                                              subpart B, appendix U for specified                      conservation standards, and (4) certification          which falls below the accuracies for airflow
                                              basic models of ceiling fans, provided                   and enforcement procedures. Relevant                   sensors required in section 3.3.2 of Appendix
                                              that BAS tests and rates such products                   provisions of EPCA include definitions (42             U. Consequently, in its petition, BAS offered
                                              using the alternate test procedure                       U.S.C. 6291), energy conservation standards            two alternate test procedures for determining
                                              specified in the Decision and Order.                     (42 U.S.C. 6295), test procedures (42 U.S.C.           the stability criteria for testing low-speed
                                                                                                       6293), labeling provisions (42 U.S.C. 6294),           small-diameter ceiling fans at low speed: (1)
                                              BAS’s representations concerning the
                                                                                                       and the authority to require information and           BAS’s preferred method, which would
                                              energy efficiency of the specified basic                                                                        require BAS to employ a stability criteria
                                                                                                       reports from manufacturers (42 U.S.C. 6296).
                                              models must be based on testing                             The Federal testing requirements consist of         using airflow instead of air velocity
                                              according to the provisions and                          test procedures that manufacturers of covered          measurements, and (2) BAS’s alternate
                                              restrictions in the alternate test                       products must use as the basis for: (1)                method, which would require relaxing the
                                              procedure set forth in the Decision and                  Certifying to DOE that their products comply           low speed stability criteria from DOE’s
                                              Order, and the representations must                      with the applicable energy conservation                requirement of 5 percent to 10 percent. BAS
                                              fairly disclose the test results.                        standards adopted pursuant to EPCA (42                 initially stated that this second method is not
                                                                                                       U.S.C. 6295(s)), and (2) making                        preferred because it could add significant
                                              Distributors, retailers, and private                                                                            variability to the calculated airflow on low
                                              labelers are held to the same                            representations about the efficiency of that
                                                                                                       product (42 U.S.C. 6293(c)). Similarly, DOE            speed. BAS also requested an interim waiver
                                              requirements when making                                                                                        from the existing DOE test procedure.
                                                                                                       must use these test procedures to determine
                                              representations regarding the energy                     whether the product complies with relevant             However, by email dated December 6, 2017,
                                              efficiency of these products. (42 U.S.C.                 standards promulgated under EPCA. (42                  BAS withdrew its preferred method for
                                              6293(c))                                                                                                        modifying the stability criteria from
                                                                                                       U.S.C. 6295(s))
                                                 Consistent with 10 CFR 430.27(j), not                                                                        consideration. Instead, BAS requested that
                                                                                                          Under 42 U.S.C. 6293, EPCA sets forth the
                                              later than December 17, 2018, any                                                                               DOE consider its alternate method as its
                                                                                                       criteria and procedures DOE is required to
                                                                                                                                                              recommendation for the alternate test
                                              manufacturer currently distributing in                   follow when prescribing or amending test
                                                                                                                                                              procedure.4
                                              commerce in the United States products                   procedures for covered products. EPCA                     On March 23, 2018, DOE published a
                                              employing a technology or characteristic                 requires that any test procedures prescribed           notice announcing its receipt of the petition
                                              that results in the same need for a                      or amended under this section must be                  for waiver and granting BAS an interim
                                                                                                       reasonably designed to produce test results            waiver. 83 FR 12726. In the notice of petition
                                              waiver from the applicable test
                                                                                                       which reflect energy efficiency, energy use or         for waiver, DOE reviewed the alternate test
                                              procedure must submit a petition for                     estimated annual operating cost of a covered
                                              waiver. Manufacturers not currently                                                                             procedure suggested by BAS and granted the
                                                                                                       product during a representative average use            interim waiver initially finding that the
                                              distributing such products in commerce                   cycle or period of use and requires that test          alternate test procedure of relaxing the
                                              in the United States must petition for                   procedures not be unduly burdensome to                 stability criteria for low speed will allow for
                                              and be granted a waiver prior to the                     conduct. (42 U.S.C. 6293(b)(3)) The test               the accurate measurement of efficiency of
                                              distribution in commerce of those                        procedure for ceiling fans is contained in the         these products, while alleviating the testing
                                              products in the United States.                           Code of Federal Regulations (‘‘CFR’’) at 10            problems associated with BAS’s
                                              Manufacturers may also submit a                          CFR part 430, subpart B, appendix U,                   implementation of ceiling fan testing for the
                                                                                                       Uniform test method for measuring the                  basic models specified in its petition. In that
                                              request for interim waiver pursuant to
                                                                                                       energy consumption of ceiling fans                     notice, DOE also solicited comments from
                                              the requirements of 10 CFR 430.27.                       (‘‘Appendix U’’).                                      interested parties on all aspects of the
                                                Signed in Washington, DC, on October 9,                   Under 10 CFR 430.27, any interested                 petition and specified an alternate test
                                              2018.                                                    person may submit a petition for waiver from           procedure that must be followed for testing
                                              Kathleen B. Hogan,                                       DOE’s test procedure requirements. DOE will            and certifying the specific basic models for
                                              Deputy Assistant Secretary for Energy                    grant a waiver from the test procedure                 which BAS requested a waiver. Id.
                                              Efficiency, Energy Efficiency and Renewable              requirements if DOE determines either that                DOE received two relevant comments to
                                              Energy.                                                  the basic model for which the waiver was               the notice of petition for waiver.5 Both
                                                                                                       requested contains a design characteristic             comments were supportive of DOE granting
                                              Case #2017–011                                           that prevents testing of the basic model               the waiver and encouraged DOE to make the
                                                                                                       according to the prescribed test procedures,           alternate test procedure available to all
                                              Decision and Order
                                                                                                       or that the prescribed test procedures                 ceiling fan manufacturers. Specifically,
                                              I. Background and Authority                              evaluate the basic model in a manner so                Hunter stated that it supports BAS’s waiver
                                                 The Energy Policy and Conservation Act of             unrepresentative of its true energy                    and encouraged DOE to make the BAS
                                              1975 (‘‘EPCA’’),1 Public Law 94–163 (42                  consumption characteristics as to provide              alternate test procedure available to all
                                              U.S.C. 6291–6317, as codified), among other              materially inaccurate comparative data. 10             ceiling fan test facilities that are dealing with
                                              things, authorizes the U.S. Department of                CFR 430.27(a)(1). DOE may grant the waiver             similar issues with meeting stability criteria.6
                                              Energy (‘‘DOE’’) to regulate the energy                  subject to conditions, including adherence to
                                              efficiency of a number of consumer products              alternate test procedures. 10 CFR 430.27(f)(2).        0601S4, Isis F–IS2–0601, Isis F–IS2–0401L8S4, Isis
                                              and industrial equipment. Title III, Part B 2 of                                                                F–IS2–0401L8, Isis F–IS2–0401I06L8S4, Isis F–IS2–
                                                                                                       II. Petition for Waiver: Assertions and                0401I06L8, Isis F–IS2–0501L8S4 and Isis F–IS2–
                                              EPCA established the Energy Conservation                 Determinations                                         0501L8. These basic model names were provided by
                                              Program for Consumer Products Other Than
                                                                                                          By letter dated June 14, 2017, BAS filed a          BAS in its June 2017 petition.
                                              Automobiles, which sets forth a variety of                                                                        4 A copy of the email is available at http://
                                              provisions designed to improve energy                    petition for waiver and an application for
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                       interim waiver from the test procedure                 www.regulations.gov, under docket number EERE–
                                              efficiency for certain types of consumer                                                                        2017–BT–WAV–0049.
                                                                                                       applicable to ceiling fans set forth in                  5 DOE received other comments regarding issues
                                                 1 All references to EPCA in this document refer       Appendix U. According to BAS, testing at               unrelated to the waiver petition. See the docket for
                                              to the statute as amended through the EPS                low speed for the basic models listed in the           this notice at https://www.regulations.gov/docket
                                              Improvement Act of 2017, Public Law 115–115              petition 3 may cause BAS undue hardship in             ?D=EERE-2017-BT-WAV-0049.
                                              (January 12, 2018).                                                                                               6 Hunter’s comment can be accessed at: https://
                                                 2 For editorial reasons, upon codification in the       3 The specific basic models for which the petition   www.regulations.gov/document?D=EERE-2017-BT-
                                              U.S. Code, Part B was redesignated as Part A.            applies are ceiling fan basic models Isis F–IS2–       WAV-0049-0006.



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                                                                           Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                                         52215

                                              (Hunter, No. 6 at p. 1) American Lighting               the stability criteria (often less than 2 feet per    characteristics. DOE has reviewed the
                                              Association (ALA) stated that it supports               minute) falls below the required accuracies           recommended procedure suggested by BAS
                                              BAS for bringing the issue forward. ALA                 for airflow sensors in section 3.3.2 of               and concludes that it will allow for the
                                              stated that the issue of stability testing has          Appendix U (i.e., the fans specified by BAS           accurate measurement of the energy use of
                                              plagued many manufacturers, and that if                 cannot be tested according the required test          the basic model, while alleviating the testing
                                              approval of the waiver is granted, then DOE             procedure). DOE understands that the cost of          problems associated with BAS’s
                                              should make the alternate test procedure                sensors to obtain the resolution needed at the        implementation of DOE’s applicable ceiling
                                              applicable to all manufacturers of small                very low speeds would be substantial. DOE             fan test procedure for the specified basic
                                              diameter ceiling fans so that testing burden            is unaware of similar issues when testing at          models. In the Decision and Order, DOE is
                                              is reduced.7 (ALA, No. 8 at p. 2)                       high speed. In the ceiling fan test procedure         requiring that BAS test and rate the ceiling
                                                 While the petition for waiver from BAS               final rule, DOE observed that across nearly 40        fan basic models for which it has requested
                                              and the interim waiver granted by DOE                   fans tested at high speed, no sensors recorded        a waiver according to the alternate test
                                              addressed the required testing at low speed             an average velocity at levels low enough that         procedure specified in the Decision and
                                              only, Hunter also suggested that the same               the acceptable variance under the stability           Order, which is identical to the procedure
                                              alternate test procedure stability criteria be          criteria fell below the required accuracies for       provided in the interim waiver
                                              applied to high speed as well, stating that             airflow sensors in section 3.3.2 of Appendix             In its petition BAS sought a test procedure
                                              there is test efficiency gain for high speed            U (i.e., the average velocities were greater          waiver for certain basic models. This
                                              also. (Hunter, No. 6 at p. 2) Furthermore,              than 40 feet per minute). 81 FR 48620, 48628          Decision and Order is applicable only to BAS
                                              Hunter stated that although relaxing the air            (July 25, 2016). If Hunter has any test data          and only to the basic models listed and does
                                              velocity stability criteria for low and high            indicating a problem with the stability               not extend to any other basic models.
                                              speed for the entire industry would help                criteria at high speed, DOE would consider               BAS may request that the scope of this
                                              reduce undue burden, it also recommended                that data in determining whether any                  waiver be extended to include additional
                                              that DOE consider requiring stability for               changes to the test procedure would be                basic models that employ the same
                                              airflow instead of air velocity, stating that           appropriate.                                          technology as those listed in this waiver. 10
                                              when overall airflow on low or high speed                  Regarding Hunter’s recommendation to               CFR 430.27(g). BAS may also submit another
                                              from one test run to the next is substantially          require stability for airflow instead of air          petition for waiver from the test procedure
                                              unchanged, stability is reached, and that air           velocity to determining test room stability,          for additional basic models that employ a
                                              velocity being the same for a particular                under the current DOE test procedure, air             different technology and meet the criteria for
                                              sensor from one second to the next is of no             velocity is measured at each sensor along the         test procedure waivers. 10 CFR 430.27(a)(1).
                                              real consequence and unnecessarily adds to              sensor arm, and airflow is calculated based              DOE notes that it may modify the waiver
                                              the burden. Id.                                         on these measurements. The air velocity               at any time upon DOE’s determination that
                                                 As to Hunter’s and ALA’s request to make             measurements indicate both the amount and             the factual basis underlying the petition for
                                              an alternate test procedure available to all            location of air provided by the fan within the        waiver is incorrect, or upon a determination
                                              manufacturers that are faced with similar               effective area (i.e., the air profile). DOE found     that the results from the alternate test
                                              issues as BAS, DOE considers such requests              that large variations in air profile often            procedure are unrepresentative of the basic
                                              in the context of a rulemaking proceeding               indicate test room instability (e.g., localized       models’ true energy consumption
                                              rather than through the waiver process. As              temperature gradients that effect airflow).           characteristics. 10 CFR 430.27(k)(1).
                                              noted, any manufacturer currently                       Applying stability criteria to the air velocity       Likewise, BAS may request that DOE rescind
                                              distributing in commerce in the United States           measurements ensures that successive sets of          or modify the waiver if the company
                                              products employing a technology or                      measurements result in similar air profiles,          discovers an error in the information
                                              characteristic that results in the same need            which is indicative of test room stability.           provided to DOE as part of its petition,
                                              for a waiver from the applicable test                   DOE has observed that the stability criteria          determines that the waiver is no longer
                                                                                                      applied only to airflow could be met with             needed, or for other appropriate reasons. 10
                                              procedure must submit a petition for waiver.
                                                                                                      large variations in air profile (i.e., at unstable    CFR 430.27(k)(2).
                                              10 CFR 430.27(j). The waiver process
                                              addresses particular basic models that                  test room conditions). This allows for                III. Consultations with Other Agencies
                                              contain one or more design characteristics              airflow, and in turn fan efficiency, to vary
                                                                                                                                                               In accordance with 10 CFR 430.27(f)(2),
                                              which either prevent testing according to the           significantly between multiple tests of the
                                                                                                                                                            DOE consulted with the Federal Trade
                                              prescribed test procedures or cause the                 same fan because stable airflow can be                Commission (‘‘FTC’’) staff concerning the
                                              prescribed test procedures to evaluate the              achieved at varied test room conditions. If           BAS petition for waiver. The FTC staff did
                                              basic models in a manner so unrepresentative            Hunter has any test data regarding the                not have any objections to granting a waiver
                                              of its true energy and/or water consumption             sufficiency of using airflow to conclude test         to BAS.
                                              characteristics as to provide materially                room stability, however, DOE may consider
                                              inaccurate comparative data. 10 CFR                     stability criteria using airflow in a future          IV. Order
                                              430.27(a)(1). Changes to the test procedure             rulemaking.                                             After careful consideration of all the
                                              that apply to the covered product more                     BAS’s petition requested a waiver from the         material that was submitted by BAS and
                                              generally would appropriately be addressed              test procedure applicable to the specified            commenters in this matter, it is ORDERED
                                              as part of a rulemaking.                                ceiling fans only in regard to the stability          that:
                                                 Regarding Hunter’s request that DOE                  criteria for testing at low speed. DOE                  (1) BAS must, as of the date of publication
                                              provide an alternate test procedure for testing         reviewed the manufacturer specifications and          of this Order in the Federal Register, test and
                                              at high speed, DOE would also consider such             test data provided by BAS. DOE concluded              rate the following ceiling fan basic models
                                              a request generally in the context of a                 that the data demonstrated that the basic             with the alternate test procedure as set forth
                                              rulemaking. The petition submitted by BAS               models specified in the petition cannot be            in paragraph (2):
                                              does not address testing issues at high speed.          tested under the DOE test procedure because
                                              DOE understands that the ceiling fans                   when testing the basic models at low speed,
                                              specified in the BAS petition, when operated            the air speed is so low that the acceptable
                                              at low speed, produce air velocities that have          variance under the stability criteria (often
                                                                                                                                                                   Brand Name                         Basic Model
                                              trouble meeting the stability criteria because          less than 2 feet per minute) falls below the
                                              the average air velocity is so low that it              required accuracies for airflow sensors in            Isis   ............................   F–IS2–0601S4
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                                              creates highly variable airflow patterns. BAS           section 3.3.2 of Appendix U. This Decision            Isis   ............................   F–IS2–0601
                                              also specifically stated that at low speed for          and Order grants an alternate test procedure          Isis   ............................   F–IS2–0401L8S4
                                              the basic models in question, the air speed             for low speed only.                                   Isis   ............................   F–IS2–0401L8
                                              is so low that the acceptable variance under               DOE understands that absent a waiver, the          Isis   ............................   F–IS2–0401I06L8S4
                                                                                                      basic models identified by BAS in its petition        Isis   ............................   F–IS2–0401I06L8
                                               7 ALA’s comment can be accessed at: https://           cannot be tested and rated for energy                 Isis   ............................   F–IS2–0501L8S4
                                              www.regulations.gov/document?D=EERE-2017-BT-            consumption on a basis representative of              Isis   ............................   F–IS2–0501L8
                                              WAV-0049-0008.                                          their true energy consumption



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                                              52216                        Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                                (2) The alternate test procedure for the BAS            (6) Granting of this waiver does not release        Marlay, Robert
                                              basic models listed in paragraph (1) of this            BAS from the certification requirements set           Mays, Cynthia
                                              Order is the test procedure for ceiling fans            forth at 10 CFR part 429.                             Moore, Johnny
                                              prescribed by DOE at 10 CFR part 430,                     Signed in Washington, DC, on October 9,             O’Konski, Peter
                                              subpart B, appendix U, except that under                2018.                                                 Rasar, Kimberly
                                              section 3.3.2 of appendix U, the stability                                                                    Reilly, Thomas
                                                                                                      Kathleen B. Hogan,
                                              criteria for low speed is relaxed from 5
                                              percent to 10 percent. The alternative test             Deputy Assistant Secretary for Energy                 White, John
                                              procedure shall apply as follows:                       Efficiency Energy Efficiency and Renewable            Worthington, Patricia
                                                                                                      Energy.                                                 Signed in Washington, DC, on October 2,
                                              3.3.2 Airflow and Power Consumption
                                                                                                      [FR Doc. 2018–22476 Filed 10–15–18; 8:45 am]          2018.
                                              Testing Procedure
                                                                                                      BILLING CODE 6450–01–P                                Erin S. Moore,
                                                 Measure the airflow (CFM) and power
                                              consumption (W) for HSSD ceiling fans until                                                                   Director, Office of Corporate Executive
                                              stable measurements are achieved, measuring                                                                   Management, Office of the Chief Human
                                              at high speed only. Measure the airflow and             DEPARTMENT OF ENERGY                                  Capital Officer.
                                              power consumption for LSSD ceiling fans                                                                       [FR Doc. 2018–22480 Filed 10–15–18; 8:45 am]
                                              until stable measurements are achieved,                 Senior Executive Service Performance                  BILLING CODE 6450–01–P
                                              measuring first at low speed and then at high           Review Board
                                              speed. Airflow and power consumption
                                                                                                      AGENCY: Department of Energy.
                                              measurements are considered stable for high                                                                   DEPARTMENT OF ENERGY
                                              speed if:                                               ACTION:Designation of Performance
                                                 (1) The average air velocity for all axes for        Review Board Chair.                                   Agency Information Collection
                                              each sensor varies by less than 5% compared                                                                   Extension
                                              to the average air velocity measured for that           SUMMARY:   This notice provides the
                                              same sensor in a successive set of air velocity         Performance Review Board Chair                              U.S. Department of Energy.
                                                                                                                                                            AGENCY:
                                              measurements, and                                       designee for the Department of Energy.                      Notice and request for
                                                                                                                                                            ACTION:
                                                 (2) Average power consumption varies by              This listing supersedes all previously                comments.
                                              less than 1% in a successive set of power               published lists of Performance Review
                                              consumption measurements.                               Board Chair.                                          SUMMARY:    The Department of Energy
                                                 Airflow and power consumption                                                                              (DOE), pursuant to the Paperwork
                                              measurements are considered stable for low              DATES: This appointment is effective as
                                              speed if:                                               of September 30, 2018.                                Reduction Act of 1995, intends to
                                                 (1) The average air velocity for all axes for        Dennis M. Miotla                                      extend for three years, an information
                                              each sensor varies by less than 10%                                                                           collection request with the Office of
                                                                                                        Signed in Washington, DC, on October 2,             Management and Budget (OMB). This
                                              compared to the average air velocity
                                                                                                      2018.                                                 information collection request consists
                                              measured for that same sensor in a successive
                                              set of air velocity measurements, and                   Erin S. Moore,                                        of forms that will certify to DOE that
                                                 (2) Average power consumption varies by              Director, Office of Corporate Executive               respondents were advised of the
                                              less than 1% in a successive set of power               Management, Office of the Chief Human                 requirements for occupying or
                                              consumption measurements.                               Capital Officer.                                      continuing to occupy a Human
                                                 (3) Representations. BAS may not make                [FR Doc. 2018–22479 Filed 10–15–18; 8:45 am]
                                              representations about the efficiency of the
                                                                                                                                                            Reliability Program (HRP) position. The
                                              basic models identified in paragraph (1) of
                                                                                                      BILLING CODE 6450–01–P                                forms include: Human Reliability
                                              this Order for compliance, marketing, or                                                                      Program Certification (DOE F 470.3),
                                              other purposes unless the basic model has                                                                     Acknowledgement and Agreement to
                                              been tested in accordance with the
                                                                                                      DEPARTMENT OF ENERGY                                  Participate in the Human Reliability
                                              provisions set forth above and such
                                                                                                      Senior Executive Service Performance                  Program (DOE F 470.4), Authorization
                                              representations fairly disclose the results of                                                                and Consent to Release Human
                                              such testing in accordance with 10 CFR part             Review Board
                                                                                                                                                            Reliability Program Records in
                                              430, subpart B, appendix U and 10 CFR                   AGENCY: Department of Energy.                         Connection with HRP (DOE F 470.5),
                                              429.32, as specified in this Order.
                                                 (4) This waiver shall remain in effect               ACTION:Designation of Performance                     Refusal of Consent (DOE F 470.6), and
                                              according to the provisions of 10 CFR 430.27.           Review Board Standing Register.                       Human Reliability Program (HRP)
                                                 (5) This waiver is issued on the condition                                                                 Alcohol Testing Form (DOE F 470.7).
                                              that the statements, representations, and               SUMMARY:   This notice provides the                   The HRP is a security and safety
                                              documentation provided by BAS are valid. If             Performance Review Board Standing                     reliability program for individuals who
                                              BAS makes any modifications to the                      Register for the Department of Energy.                apply for or occupy certain positions
                                              configuration of these basic models, the                This listing supersedes all previously                that are critical to the national security.
                                              waiver will no longer be valid and BAS will             published lists of PRB members.                       It requires an initial and annual
                                              either be required to use the current Federal                                                                 supervisory review, medical assessment,
                                                                                                      DATES: This appointment is effective as
                                              test method or submit a new application for
                                              a test procedure waiver. DOE may revoke or              of September 30, 2018.                                management evaluation, and a DOE
                                              modify this waiver at any time if it                    Bell, Melody                                          personnel security review of all
                                              determines the factual basis underlying the             Brott, Matthew                                        applicants or incumbents. It is also used
                                              petition for waiver is incorrect, or the results        Grose, Amy                                            to ensure that employees assigned to
                                              from the alternate test procedure are                   Johnson Jr., Thomas                                   nuclear explosive duties do not have
                                              unrepresentative of the basic models’ true              Kaplan, Stan                                          emotional, mental, or physical
amozie on DSK3GDR082PROD with NOTICES1




                                              energy consumption characteristics. 10 CFR              Kim, Dong                                             conditions that could result in an
                                              430.27(k)(1). Likewise, BAS may request that                                                                  accidental or unauthorized detonation
                                              DOE rescind or modify the waiver if BAS
                                                                                                      LeBeau, Tracey
                                                                                                      Lee, Terri                                            of nuclear explosives.
                                              discovers an error in the information
                                              provided to DOE as part of its petition,                Lewis, Roger                                          DATES: Comments regarding this
                                              determines that the waiver is no longer                 Lippold, David                                        proposed information collection must
                                              needed, or for other appropriate reasons. 10            Livengood, Joanna                                     be received on or before December 17,
                                              CFR 430.27(k)(2).                                       Lushetsky, John                                       2018. If you anticipate difficulty in


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Document Created: 2018-10-15 23:42:20
Document Modified: 2018-10-15 23:42:20
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 decision and order.
DatesThe Decision and Order is effective on October 16, 2018. The Decision and Order will terminate upon the compliance date of any future amendment to the test procedure for ceiling fans located in 10
ContactMs. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: [email protected]
FR Citation83 FR 52213 

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