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Rule2022-16951

Energy Conservation Program: Test Procedure for Ceiling Fans

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Published

August 16, 2022

Effective

September 15, 2022

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") is amending the test procedures for ceiling fans to include a definition for "circulating air" for the purpose of the ceiling fan definition; include ceiling fans greater than 24 feet within the scope of the test procedure; include certain belt-driven ceiling fans within the scope of the test procedure; specify that certain very small-diameter ceiling fans are not required to be tested; maintain applicability of the standby power test procedure to large-diameter ceiling fans; specify instructions for testing ceiling fans with certain accessories or features; clarify test voltage for large-diameter ceiling fans; amend the low speed definition and increase low speed tolerance for stability criteria; permit an alternate set-up to collect air velocity test data and provide greater specificity regarding sensor orientation; amend the blade thickness measurement requirement; update instrument measurement resolution, represented values, rounding instructions, and enforcement provisions; and codify current guidance on calculating several values reported on the EnergyGuide label. DOE is also updating references to an industry test standard to reference the latest version.

Full Text

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[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50396-50431]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16951]

[[Page 50395]]

Vol. 87

Tuesday,

No. 157

August 16, 2022

Part II

Department of Energy

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10 CFR Parts 429 and 430

Energy Conservation Program: Test Procedure for Ceiling Fans; Final
Rule

Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 /
Rules and Regulations

[[Page 50396]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2013-BT-TP-0050]
RIN 1904-AD88

Energy Conservation Program: Test Procedure for Ceiling Fans

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') is amending the test
procedures for ceiling fans to include a definition for ``circulating
air'' for the purpose of the ceiling fan definition; include ceiling
fans greater than 24 feet within the scope of the test procedure;
include certain belt-driven ceiling fans within the scope of the test
procedure; specify that certain very small-diameter ceiling fans are
not required to be tested; maintain applicability of the standby power
test procedure to large-diameter ceiling fans; specify instructions for
testing ceiling fans with certain accessories or features; clarify test
voltage for large-diameter ceiling fans; amend the low speed definition
and increase low speed tolerance for stability criteria; permit an
alternate set-up to collect air velocity test data and provide greater
specificity regarding sensor orientation; amend the blade thickness
measurement requirement; update instrument measurement resolution,
represented values, rounding instructions, and enforcement provisions;
and codify current guidance on calculating several values reported on
the EnergyGuide label. DOE is also updating references to an industry
test standard to reference the latest version.

DATES: The effective date of this rule is September 15, 2022. The final
rule changes will be mandatory for product testing starting February
13, 2023. The incorporation by reference of certain material listed in
this rule is approved by the Director of the Federal Register as of
September 15, 2022. The incorporation by reference of certain other
material listed in this rule was approved by the Director of the
Federal Register as of August 24, 2016 and May 27, 2021.

ADDRESSES: The docket, which includes Federal Register notices, webinar
attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>.
All documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a>
index. However, some documents listed in the index, such as those
containing information that is exempt from public disclosure, may not
be publicly available.
A link to the docket web page can be found at <a href="http://regulations.gov/docket/EERE-2013-BT-TP-0050">regulations.gov/docket/EERE-2013-BT-TP-0050</a>. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: <a href="/cdn-cgi/l/email-protection#276657574b4e4649444274534649434655435476524254534e4849546742420943484209404851">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email <a href="/cdn-cgi/l/email-protection#5d1c2d2d31343c333e380e293c33393c2f392e0c28382e293432332e1d383873393238733a322b">[email&#160;protected]</a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#7d1c101811141c530a15140914131a3d150c53191218531a120b">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following
industry standards into part 430: ANSI/AMCA Standard 230-15 (``AMCA
230-15''), ``Laboratory Methods of Testing Air Circulating Fans for
Rating and Certification'', ANSI-approved October 16, 2015, including
AMCA 230-15 Technical Errata 2021-05-05, ``Technical Errata Sheet for
ANSI/AMCA Standard 230-15: Density Corrections'', dated May 5, 2021.
IEC 62301, Household electrical appliances--Measurement of standby
power, (Edition 2.0, 2011-01).
DOE maintains previously approved incorporation by reference in
part 430: ANSI/AMCA Standard 208-18 (``AMCA 208-18''), Calculation of
the Fan Energy Index, ANSI approved January 24, 2018, IBR approved for
appendix U to this subpart.
Copies of the AMCA standards are available from Air Movement and
Control Association International, Inc. (AMCA), 30 West University
Drive, Arlington Heights, IL 60004, (847) 394-0150, or by going to
<a href="http://www.amca.org/store">www.amca.org/store</a>.
Copies of the IEC standard are available from International
Electrotechnical Commission (IEC), 3 Rue de Varembe, Case Postale 131,
1211 Geneva 20, Switzerland, <a href="https://webstore.iec.ch/">https://webstore.iec.ch/</a> and from the
American National Standards Institute (ANSI), 25 W 43rd Street, 4th
Floor, New York, NY 10036, (212) 642-4900, <a href="http://webstore.ansi.org">webstore.ansi.org</a>. For a
further discussion of this standard, see section IV.N of this document.

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
1. Scope of Ceiling Fan Product Coverage
2. Scope of Ceiling Fan Test Procedure
B. Standards Incorporated by Reference
C. Efficiency Metric for Small-Diameter Ceiling Fans
D. Standby Power Test Procedure for Large-Diameter and High-
Speed Belt-Driven Ceiling Fans
E. Specifications for Ceiling Fans With Accessories
F. Ceiling Fan Test Voltage
G. Low Speed Definition
H. Alternate Stability Criteria for Average Air Velocity
Measurements
I. Sensor Arm Setup
J. Air Velocity Sensor Mounting Angle
K. Instructions To Measure Blade Thickness
L. Instrument Measurement Resolution
M. Certification, Represented Value, and Rounding Requirements
N. Product-Specific Enforcement Provisions
O. Calculation Methodology for Values Reported on the
EnergyGuide Label
1. Airflow Efficiency
2. Airflow
3. Energy Use
4. Estimated Yearly Energy Cost
P. Test Procedure Costs and Impacts
1. Cost Impacts for the Scope Related Amendments
2. Cost Impacts for Stability Criteria
3. Cost Impacts for Low Speed Definition
4. Cost Impacts for Other Test Procedure Amendments
Q. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

[[Page 50397]]

I. Authority and Background

DOE is authorized to establish and amend energy conservation
standards and test procedures for ceiling fans. (42 U.S.C.
6293(b)(16)(A)(i) and (B), and 42 U.S.C. 6295(ff)) DOE's energy
conservation standards and test procedures for ceiling fans are
currently prescribed at title 10 of the Code of Federal Regulations
(``CFR''), part 430 section 32(s)(1) and (2), 10 CFR part 430 section
23(w), and 10 CFR part 430 subpart B appendix U (``appendix U''),
respectively. The following sections discuss DOE's authority to
establish test procedures for ceiling fans and relevant background
information regarding DOE's consideration of test procedures for this
product.

A. Authority

The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles, which sets forth
a variety of provisions designed to improve energy efficiency. These
products include ceiling fans, the subject of this document. (42 U.S.C.
6291(49), 42 U.S.C. 6293(b)(16)(A)(i) and (B), and 42 U.S.C. 6295(ff))
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The 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 under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle (as determined by the Secretary) or period of use and shall not
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
With respect to ceiling fans, EPCA requires that test procedures be
based on the ``Energy Star Testing Facility Guidance Manual: Building a
Testing Facility and Performing the Solid State Test Method for ENERGY
STAR Qualified Ceiling Fans, Version 1.1'' published by the
Environmental Protection Agency, and that the Secretary may review and
revise the test procedures established. (42 U.S.C. 6293(b)(16)(A)(i)
and (B))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including ceiling
fans, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A) and (b)(3))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)). If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. (42 U.S.C.
6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor, unless the current test
procedure already incorporates the standby mode and off mode energy
consumption, or if such integration is technically infeasible. (42
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically
infeasible, DOE must prescribe separate standby mode and off mode
energy use test procedures for the covered product, if a separate test
is technically feasible. (Id.) Any such amendment must consider the
most current versions of the IEC Standard 62301 \3\ and IEC Standard
62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Audio, video and related equipment--Methods of
measurement for power consumption (Edition 1.0, Parts 1-6: 2015,
Part 7: 2018).
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DOE is publishing this final rule in satisfaction of the 7-year
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Background

As stated, DOE's existing test procedures for ceiling fans appear
at appendix U. On September 30, 2019, DOE published a notice of
proposed rulemaking (``NOPR'') proposing amendments to the test
procedure addressing questions received from interested parties. 84 FR
51440. (``September 2019 NOPR'') In the September 2019 NOPR, DOE
proposed to interpret the term ``suspended from a ceiling'' in the EPCA
definition of ceiling fan to mean offered for mounting only on a
ceiling; specify that very small-diameter (``VSD'') ceiling fans that
do not also meet the definition of low-speed small-diameter (``LSSD'')
ceiling fan are not required to be tested pursuant to the DOE test
method; for LSSD and VSD ceiling fans, increase the tolerance for the
stability criteria for the average air velocity measurements

[[Page 50398]]

during low speed tests; specify that large-diameter ceiling fans with
blade spans greater than 24 feet do not need to be tested pursuant to
the DOE test method; codify current guidance on calculating several
values reported on the U.S. Federal Trade Commission's (``FTC'')
EnergyGuide label for LSSD and VSD ceiling fans; and amend
certification requirements and product-specific enforcement provisions
to reflect the current test procedures and recently amended energy
conservation standards for ceiling fans. 84 FR 51440, 51442.
Additionally, on October 17, 2019, DOE hosted a public meeting to
present the September 2019 NOPR proposals.
DOE, with the support of the American Lighting Association
(``ALA''), conducted a round robin test program for ceiling fans to
observe laboratory setups and test practices, evaluate within-
laboratory variation (i.e., repeatability) and assess between-
laboratory consistency (i.e., reproducibility). Round robin testing was
conducted from January 2019 to April 2020. Six test laboratories
participated in the round robin, representing both manufacturer
laboratories and third-party laboratories. Four laboratories were
located in North America, and two were located in China. ALA and
ceiling fan manufacturers supplied two samples each of five ceiling fan
models (for a total of 10 test samples). The laboratories were
instructed to test according to appendix U. DOE representatives were
present during all testing to observe test setups and practices used in
a variety of labs. The round robin test report has been separately
published in the docket.\5\
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\5\ The docketed round robin report can be found in the
rulemaking Docket No. EERE-2013-BT-TP-0050. <a href="http://www.regulations.gov/docket/EERE-2013-BT-TP-0050">www.regulations.gov/docket/EERE-2013-BT-TP-0050</a>.
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On May 27, 2021, DOE published a final rule to amend the current
regulations for large-diameter ceiling fans to implement technical
amendments corresponding with provisions enacted by Congress through
the Energy Act of 2020. 86 FR 28469 (``May 2021 Technical Amendment'')
Specifically, section 1008 of the Energy Act of 2020 amended section
325(ff)(6) of EPCA to specify that large-diameter ceiling fans
manufactured on or after January 21, 2020, are not required to meet
minimum ceiling fan efficiency requirements in terms of the ratio of
the total airflow to the total power consumption as established in a
final rule published January 19, 2017 (82 FR 6826; ``January 2017 Final
Rule''), and instead are required to meet specified minimum efficiency
requirements based on the Ceiling Fan Energy Index (``CFEI'') metric.
86 FR 28469, 28469-28470. The May 2021 Technical Amendment also
implemented conforming amendments to the ceiling fan test procedure to
ensure consistency with the Energy Act of 2020. 86 FR 28469, 28470.
On December 7, 2021, DOE published a supplemental NOPR (``SNOPR'')
to present modifications to certain proposals presented in the
September 2019 NOPR, and to propose additional amendments based on
round robin testing. 86 FR 69544 (``December 2021 SNOPR'') In the
December 2021 SNOPR, DOE addressed a subset of comments received in
response to the September 2019 NOPR that were relevant to the SNOPR. 86
FR 69544, 69546.
In the December 2021 SNOPR, DOE proposed to include a definition
for ``circulating air'' for the purpose of the ceiling fan definition,
include ceiling fans greater than 24 feet in the scope, include certain
belt-driven ceiling fans within scope, include a standby metric for
large-diameter ceiling fans, amend the low speed definition, permit an
alternate set-up to collect air velocity test data, amend certain set-
up and operation specifications, amend the blade thickness measurement
requirement, and update product-specific rounding and enforcement
provisions. 86 FR 69544, 69547. Additionally, on January 11, 2022, DOE
hosted a public webinar to present the December 2021 SNOPR proposals.
DOE received comments in response to the September 2019 NOPR and
December 2021 SNOPR from interested parties listed in Table II.1 of
this document. Table II.1 reflects commenters that provided comments to
the September 2019 NOPR that were not already fully addressed in the
December 2021 SNOPR.

Table II.1--List of Commenters With Written Submissions in Response to the September 2019 NOPR * and December
2021 SNOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final Document No.
Commenter(s) rule in docket Commenter type
----------------------------------------------------------------------------------------------------------------
Air Movement and Control Association AMCA...................... 33, 43 Trade Association.
International.
American Lighting Association........... ALA....................... 34, 45 Trade Association.
Appliance Standards Awareness Project, Efficiency Advocates...... 44 Efficiency Organizations.
American Council for an Energy-
Efficient Economy, National Consumer
Law Center, Energy Efficiency Advocate,
New York State Energy Research and
Development Authority, Northwest Energy
Efficiency Alliance.
Big Ass Fans............................ BAF....................... 36 Manufacturer.
Hunter Fan Company...................... Hunter.................... 29 Manufacturer.
Pacific Gas and Electric Company, San CA IOUs................... 31, 46 Utilities.
Diego Gas and Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
VES Environmental Solution, Inc......... VES....................... 25, 26 Manufacturer.
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* The table includes only comments to the September 2019 NOPR that were not already fully addressed in the
December 2021 SNOPR.

To the extent that DOE received comments relating to the energy
conservation standards for ceiling fans, such comments are not
discussed in this final rule as this rulemaking only addresses the test
procedure. These comments will be discussed in the separate energy
conservation standards rulemaking docket (EERE-2021-BT-STD-0011).
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
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\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for ceiling fans. (Docket No. EERE-2013-BT-TP-0050,
which is maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). The references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).

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[[Page 50399]]

ALA and AMCA commented that AMCA 230-15 is currently in the process
of being updated and encouraged DOE to delay finalizing the ceiling
fans test procedure until the updated version of AMCA 230 is published.
(ALA, No. 45 at p. 4; AMCA, No. 43 at pp. 1, 5, 10-11) DOE notes that
there is no scheduled date for the finalization of the update to AMCA
230. In light of the 7-year test procedure lookback requirement of EPCA
(42 U.S.C. 6293(b)(1)(A)) and the requirement that amended test
procedures that impact measured energy use or efficiency be finalized
at least 180 days prior to the close of the comment period for a NOPR
proposing new or amended energy conservation standards or a notice of
proposed determination that standards do not need to be amended
(appendix A to subpart C of part 430, section (8)(d)(1)), DOE is not
delaying finalization of the ceiling fans test procedure. As discussed
below, DOE is updating the reference to AMCA 230-15 to include the
errata sheet published May 2021.
In response the September 2019 NOPR, Hunter noted that they were
grateful that DOE initiated round robin testing to remedy any issues
with the test procedure. However, they also noted that DOE must be
mindful when exercising enforcement and compliance because the
amendments are being implemented not only before the round robin is
completed, but also before company and independent labs have thoroughly
considered them. (Hunter No. 29 at pp. 1-2) DOE notes that the round
robin has since been completed and the round robin test report has been
separately published in the docket.\7\ Certain company and independent
labs were involved during the round robin testing. Further, DOE also
published the December 2021 SNOPR which provided additional proposals
based on the round robin testing, and additional opportunities for
industry to consider and comment on the proposals. As such, the
amendments in this final rule are based on the proposals in the
September 2019 NOPR and the December 2021 SNOPR. The effective date for
the adopted test procedure amendment will be 30 days after publication
of this final rule in the Federal Register. EPCA prescribes that all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with an amended test procedure, beginning 180 days after
publication of the final rule in the Federal Register. (42 U.S.C.
6293(c)(2))
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\7\ The docketed round robin report can be found in the
rulemaking Docket No. EERE-2013-BT-TP-0050. <a href="http://www.regulations.gov/docket/EERE-2013-BT-TP-0050">www.regulations.gov/docket/EERE-2013-BT-TP-0050</a>.
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In response to the December 2021 SNOPR, ALA also encouraged DOE to
conduct future round robin testing within one year of the effective
date of this test procedure rulemaking and future test procedure
updates. ALA also encouraged DOE to take the necessary steps to ensure
that all third-party labs are producing test results within an
acceptable range. (ALA, No. 45 at p. 2) DOE appreciates these comments
and will consider future round robin testing as needed to inform any
future test procedure amendments.
Finally, Mr. Catania (representing himself) commented that state
proceedings on the commercial and industrial fans are moving forward
quickly and asked DOE whether it is considering updating energy
conservation standards in a federal rulemaking following the
finalization of the test procedure. (Catania, Public Meeting
Transcript, No. 42 at p. 41) DOE notes that this rulemaking addresses
the test procedure for ceiling fans only. On October 1, 2021, DOE
issued a request for information (``RFI'') seeking comment and
information regarding coverage as part of a separate rulemaking for
fans and blowers.\8\ 86 FR 54412 (``October 2021 RFI''). Further, on
February 8, 2022, DOE issued a request for information seeking comments
and information regarding energy conservation standards for fans and
blowers.\9\ 87 FR 7048. Any discussion on test procedures (and future
rulemaking for energy conservation standards) for fans and blowers will
be addressed through the separate rulemakings.
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\8\ See Docket No. EERE-2021-BT-TP-0021 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
\9\ See Docket No. EERE-2022-BT-STD-0002 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
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II. Synopsis of the Final Rule

In this final rule, DOE provides amendments as follows:
(1) Specifies that for the purpose of the ceiling fan definition,
``circulating air'' means the discharge of air in an upward or downward
direction. A ceiling fan that has a ratio of fan blade span (in inches)
to maximum rotation rate (in revolutions per minute (``RPM'')) greater
than 0.06 provides circulating air;
(2) Extends the scope of the test procedure to include large
diameter fans with a diameter greater than 24 feet;
(3) Includes certain belt-driven ceiling fans within the scope of
the test procedure;
(4) Maintains that the standby power test procedure is applicable
for large-diameter ceiling fans;
(5) Clarifies test voltage requirements for large-diameter ceiling
fans;
(6) Specifies test procedures for ceiling fans with accessories or
features that do not relate to the ceiling fan's ability to create
airflow by the rotation of the fan blades;
(7) Clarifies that VSD ceiling fans that do not also meet the
definition of LSSD fan are not required to be tested pursuant to the
DOE test method;
(8) Modifies the low-speed definition to ensure that LSSD ceiling
fans (including VSD ceiling fans that also meet the definition of an
LSSD fan) are tested at a more representative low speed rather than the
``lowest available ceiling fan speed'';
(9) Increases the tolerance for the stability criteria for the
average air velocity measurements at low speed for LSSD and VSD ceiling
fans that also meet the definition of an LSSD fan;
(10) Allows use of an alternative procedure for air velocity data
collection that relies on a two-arm sensor arm setup, and requires
setups with arm rotation to stabilize the arm prior to data collection;
(11) Clarifies the alignment of air velocity sensor placement on
the sensor arm(s);
(12) Specifies the instructions to measure blade thickness for LSSD
and HSSD ceiling fan definitions;
(13) Specifies instrument measurement resolution;
(14) Amends represented values, rounding, and enforcement
provisions; and
(15) Codifies in regulation existing guidance on the method for
calculating several values reported on the FTC EnergyGuide label for
LSSD and VSD ceiling fans using results from the ceiling fan test
procedures in appendix U and represented values in 10 CFR part 429;
As discussed, DOE is also updating the reference to AMCA 230-15 to
reference the version that includes the 2021 errata sheet. The adopted
amendments are summarized in Table II.1 of this document compared to
the test procedure provision prior to the amendment, as well as the
reason for the adopted change.

[[Page 50400]]

Table II.1--Summary of Changes in the Amended Test Procedure
----------------------------------------------------------------------------------------------------------------
DOE test procedure prior to amendment Amended test procedure Attribution
----------------------------------------------------------------------------------------------------------------
Defines ``ceiling fan'' based on EPCA as Defines the term ``circulating air'' for Response to industry
``a nonportable device that is suspended the purpose of the ceiling fan definition comments.
from a ceiling for circulating air via to mean ``the discharge of air in an
the rotation of fan blades.'' upward or downward direction. A ceiling
fan that has a ratio of fan blade span
(in inches) to maximum rotation rate (in
revolutions per minute) greater than 0.06
provides circulating air.''
Excludes large diameter fans with a Includes large diameter fans with a Response to industry
diameter of greater than 24 feet from the diameter of greater than 24 feet in the comments.
test procedure. scope of the test procedure.
Excludes all belt-driven ceiling fans from Includes definitions and test procedures Response to industry
the test procedure. for high-speed belt-driven ceiling fans. comments.
Provides a method of testing only those Specifies that VSD ceiling fans that are Clarification of test
VSD ceiling fans that meet the LSSD not also LSSD ceiling fans are not procedure scope.
ceiling fan definition. required to be tested pursuant to the DOE
test method.
Includes a standby power test procedure, Amends appendix U to include a standby 42 U.S.C. 6295(gg)(2)(A)
but no standby power metric, for the power metric for large-diameter ceiling requires test
large-diameter ceiling fan CFEI metric. fans. procedures for all
Prior to the Energy Act of 2020, the products to include
applicable metric for large-diameter standby mode and off
ceiling fans included a measurement of mode energy
standby power. consumption.
Does not include specific instructions on Specifies that accessories or features Improve
how ceiling fan accessories and/or that do not relate to the ceiling fan's representativeness and
features should be incorporated into the ability to create airflow by the rotation reproducibility of the
test procedure. of the fan blades must be installed, but test procedure.
turned off during testing. If such an
accessory or feature cannot be turned
off, it shall be set to the lowest energy-
consuming mode during testing.
Provides potentially ambiguous language Provides clarification for supply voltage Response to stakeholder
for supply voltage specifications for specification. The clarification does not comment.
testing large-diameter ceiling fans. change the original requirement.
Defines ``low speed'' as ``the lowest Defines ``low speed'' by representing the Improve the
available ceiling fan speed, i.e., the proposed definition as a table, repeatability,
fan speed corresponding to the minimum, indicating the number of sensors that reproducibility, and
non-zero, blade RPM.'' must measure greater than 40 feet per representativeness of
minute. the test procedure.
The tolerance for the stability criteria Increases the tolerance for the stability Response to waiver;
for the average air velocity measurements criteria for the average air velocity improve repeatability
for LSSD and VSD ceiling fans at low measurements for LSSD and VSD ceiling of test results.
speed is less than 5 percent. fans at low speed to less than ten 10
percent.
Prescribes either a four-arm or one-arm Adds an alternative two-arm setup to Improve the
sensor setup, for certain fan types. measure air velocity. Further, adds repeatability and
requirement for setups that require arm reproducibility of the
rotation to stabilize the arm to test procedure.
dissipate any residual turbulence prior
to data collection.
Does not explicitly specify air velocity Provides explicit instructions to align Improve the
sensor alignment or acceptance angle. the air velocity sensors perpendicular to repeatability and
the airflow. reproducibility of the
test procedure.
Does not specify how fan blade thickness Adds specification to measure fan blade Improve the
should be measured. thickness in a consistent manner for all repeatability and
fan blade types (including ``rolled- reproducibility of the
edge'' blade designs). test procedure.
Does not include any measurement Updates measurement tolerances for certain Include represented
tolerances for certain parameters and parameters. Also updates represented value and rounding
represented values and associated value calculations and rounding requirements for
rounding requirements. requirements. current standards.
Includes product-specific enforcement Add provisions for verification of Include enforcement
provisions. represented values to be used in the requirements for
context of enforcement of the relevant current standards.
efficiency standards.
Instruction on calculating EnergyGuide Codifies the instructions for calculating Improve ease of use of
label values based on measurements taken EnergyGuide label values in the CFR. the test procedure.
in accordance with appendix U is provided
in a guidance document separate from the
CFR.
Incorporates by reference AMCA 230-15, Updates reference to edition including the Update to industry test
ANSI approved October 16, 2015. errata sheet published June 2021. standard.
----------------------------------------------------------------------------------------------------------------

DOE has determined that the amendments described in section III and
adopted in this document would not require re-testing for a majority of
ceiling fans. The amendment redefining ``low speed'' may require
retesting for a limited number of LSSD ceiling fans. However, DOE
expects that the amendments would be more reasonably designed to
produce results that are representative of average use at low speed.
Discussion of DOE's actions are addressed in detail in section III of
this document, including test procedure costs and cost savings.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedures
beginning 180 days after the publication of this final rule.

[[Page 50401]]

III. Discussion

A. Scope of Applicability

EPCA defines ``ceiling fan'' as ``a nonportable device that is
suspended from a ceiling for circulating air via the rotation of fan
blades.'' (42 U.S.C. 6291(49)) DOE codified the statutory definition in
10 CFR 430.2. In a final rule published July 25, 2016 (``July 2016
Final Rule''), DOE stated that the test procedure applies to any
product meeting this definition, including hugger fans, fans designed
for applications where large airflow volume may be needed, and highly
decorative fans. 81 FR 48619, 48622. DOE stated, however, that
manufacturers were not required to test the following fans according to
the test procedure: belt-driven ceiling fans, centrifugal ceiling fans,
oscillating ceiling fans, and ceiling fans whose blades' plane of
rotation cannot be within 45 degrees of horizontal. Id.
1. Scope of Ceiling Fan Product Coverage
In the September 2019 NOPR, DOE proposed to clarify its
interpretation of the statutory definition in response to an inquiry
from AMCA regarding the application of the term ``ceiling fan'' to
products known as ``air circulating fan heads'' (``ACFHs'').\10\ 84 FR
51440, 51443. In letters submitted to DOE in May and July of 2019, AMCA
asserted that air circulating fan heads have distinct characteristics
and functions compared to traditional ceiling fans, including that air
circulating fan heads provide concentrated directional airflow as
opposed to circulating air.\11\ (AMCA, No. 23 in both May and July 2019
letters, at p. 1) AMCA recommended that DOE use the physical
characteristics of fan diameter and rotational tip speed or outlet air
speed as a means to distinguish fans that circulate air (as necessary
to meet the statutory definition of ``ceiling fan'') from ACFHs that
provide directional air flow (i.e., fans excluded from the statutory
definition of ``ceiling fan'').\12\ (AMCA, No. 23 in the July 2019
letter at p. 2) Accordingly, in the September 2019 NOPR, DOE proposed
to clarify the definition of ``ceiling fan'' and proposed two alternate
definitions of the term to distinguish a ``ceiling fan'' from other
fans based on the ``non-portable'' element and ``suspended from a
ceiling'' (i.e., ``mounting'') element of the statutory definition. 84
FR 51440, 51444. Specifically, DOE proposed to include within the
definition that for purposes of the definition, the term ``suspended
from a ceiling'' means offered for mounting on a ceiling, and the term
``nonportable'' means not offered for mounting on a surface other than
a ceiling.'' Id.
---------------------------------------------------------------------------

\10\ Section 5.1.1 of ANSI/AMCA Standard 230-15 (``AMCA 230-
15''), ``Laboratory Methods of Testing Air Circulating Fans for
Rating and Certification,'' defines air circulating fan head as ``an
assembly consisting of a motor, impeller and guard for mounting on a
pedestal having a base and column, wall mount bracket, ceiling mount
bracket, I-beam bracket or other commonly accepted mounting means.''
\11\ The May and July 2019 letters are available at
<a href="http://www.regulations.gov/document?D=EERE-2013-BT-TP-0050-0023">www.regulations.gov/document?D=EERE-2013-BT-TP-0050-0023</a>.
\12\ AMCA specifically recommended the use of tip speed, which
is calculated as blade diameter x 3.14159 x rotational speed in RPM,
and suggested that the maximum tip speed of a ceiling fan would be
4,000 feet per minute. See May 2019 letter, page 2.
---------------------------------------------------------------------------

In response to the September 2019 NOPR, commenters were generally
opposed to using a mounting element as a distinction stating it was too
broad and could create loopholes. (ALA, No. 34 at p. 2; AMCA, No. 33 at
pp. 2-3; Hunter No. 29 at p. 2) Multiple interested parties recommended
that the definition of ceiling fan be based on, in part, a ratio of
diameter to maximum operating speed in order to separate fans that
circulate air from those that provide directional airflow. (Hunter
Fans, BAFs, Public Meeting Transcript, No. 28 at pp. 33-35, AMCA, No.
33 at pp. 3-6; ALA, No. 34 at p. 2; and Hunter No. 29 at p. 2)
Specifically, these commenters suggested that a diameter-to-maximum
operating speed ratio less than 0.06 inches/RPM could be used to
distinguish products that are not ceiling fans. Id.
In the December 2021 SNOPR, DOE proposed to define the term
``circulating air'' as it is used in the ceiling fan definition and to
include a specification that a ceiling fan with a maximum operating
speed ratio of greater than 0.06 in/RPM is considered to provide
circulating air. 86 FR 69544, 69550. DOE stated that EPCA does not
define ``circulating air,'' but that the term can generally be
understood as the discharge of air in an upward or downward direction
with the air returning to the intake side of the fan, i.e., the air is
circulated within a space. Id. In contrast, directional airflow targets
the discharged air at a specific location and the discharged air does
not return to the intake side of the fan, i.e., directional airflow
moves air, but does not circulate it within the space. Id. A fan that
provides directional airflow, as opposed to ``circulating air'', would
not be a ``ceiling fan'' as that term is defined in EPCA. Id. DOE
tentatively concluded that the diameter-to-maximum operating speed
ratio of 0.06 in/RPM is appropriate to distinguish fans with
directional airflow from circulating airflow. Id.
DOE also noted in the December 2021 SNOPR that the ceiling fan
design standards of EPCA would not be applicable to fans that do not
meet the criteria of the proposed definition. 86 FR 69544, 69551.
Specifically, EPCA requires all ceiling fans manufactured after January
1, 2007, to have: (i) fan speed controls separate from any lighting
controls; (ii) adjustable speed controls (either more than 1 speed or
variable speed); and (iii) the capability of reversible fan action,
except for fans sold for industrial applications, fans sold for outdoor
applications, and cases in which safety standards would be violated by
the use of the reversible mode. (86 FR 69544, 69551; 42 U.S.C.
6295(ff)(1)(A)) The energy conservation standards established by DOE
would also not be applicable to such products. 86 FR 69544, 69551.
In response to the December 2021 SNOPR, ALA and AMCA both commented
that they support DOE's definition of ``circulating air''. (AMCA, No.
43 at p. 2; ALA, No. 45 at p. 2) ALA noted its hope that the inclusion
of a definition of ``circulating air'' would effectively remove ACFHs
from the scope of ceiling fans. (ALA, No. 45 at p. 2) AMCA also
specifically indicated its support for the 0.06-in/RPM threshold ratio
proposed in the December 2021 SNOPR and cited public data indicating
that all products they identified as ACFHs were below the 0.06 ratio.
(AMCA, No. 43 at p. 2-3) Based on these data, AMCA commented that a
threshold of 0.06 in/RPM for the diameter-to-maximum-operating-speed
ratio was appropriate to separate ACFH from ceiling fans. (Id.; see
also AMCA, Public Meeting Transcript, No. 42 at p. 21)
Further, AMCA commented that it may be better to define
``circulating air'' separately in appendix U, so that it can be used in
other fan definitions, such as the commercial and industrial fans and
blowers rulemaking. (AMCA, No. 43 at p. 4) AMCA also commented that the
definition will be examined during the update of AMCA 230. (AMCA, No.
43 at p. 2)
DOE notes that this rulemaking is focused on definitions and test
procedures relevant to ceiling fans, and thus is determining a
definition for ``circulating air'' specifically in the context of the
ceiling fan definition. DOE also acknowledges that AMCA 230 is
currently under review and were AMCA 230 to adopt a different approach
to delineating ceiling fans

[[Page 50402]]

from other fan products, DOE may consider such an approach in a future
rulemaking.
The CA IOUs suggested that DOE not attempt to define ``circulating
air'' within its ceiling fans definition. (CA IOUs, No. 46 at p. 2) The
CA IOUs commented that DOE's proposed definition puts too much emphasis
on fan setup and room configuration, rather than the attributes of the
fan itself. (Id.) They stated that a ceiling fan in a large, open
warehouse would not have air directly returning to the intake side of
the fan, whereas an ACFH in a small room may have air directly
returning to the intake side of the fan, such that the proposed
definition of circulating air may not be able to provide the intended
clarity. (Id.)
The CA IOUs also suggested a modified ceiling fan definition:
Ceiling fan means a nonportable device that can be suspended from a
ceiling or overhead support for the purpose of circulating air via the
rotation of fan blades. A ceiling fan has a ratio of fan blade span (in
inches) to maximum rotation rate (in revolutions per minute) greater
than 0.06. (CA IOUs, No. 46 at p. 2) The CA IOUs expressed concern that
in many commercial and industrial applications, ceiling fans are
mounted from an overhead support rather than directly suspended from a
ceiling, and that the manufacturer will most likely not know whether
their products will be suspended from a ceiling or another type of
overhead support during the product design phase. (Id.) Accordingly,
the CA IOUs commented that including the phrase ``or overhead support''
would avoid an unintended interpretation that the type of structure
from which the fan is suspended determines coverage. (Id.) They
suggested that there is a strong precedent for DOE to address EPCA-
derived uncertainty to provide a clearer and more comprehensive
definition, as DOE did for the definition of showerheads in its October
22, 2013 test procedure final rule. (Id.)
The Efficiency Advocates commented that the phrase ``suspended from
a ceiling'' may create a loophole for fans with alternative mounting
hardware and recommend that DOE clarify that any fan ``packaged with
hardware for such an installation'' and/or ``marketed for such an
installation'' be covered. (Efficiency Advocates, No. 44 at p. 4)
DOE notes that manufacturers cannot always anticipate the fan
setup, room configuration, or overhead support for a particular ceiling
fan installation. DOE expects that any ceiling fan that could be
installed from an overhead support would also be able to be installed
from a ceiling.\13\ As a general matter, DOE notes its authority
generally applies to products as manufactured and not at point of
installation. (See generally 42 U.S.C. 6302) Any fan that is
distributed in commerce with components that enable it to be suspended
from a ceiling, and that meets the ceiling fan definition in terms of
being a non-portable device and for circulating air (as defined by this
final rule) via the rotation of fan blades, is a ceiling fan.
---------------------------------------------------------------------------

\13\ DOE understands that a ceiling fan is installed from a
junction box that is attached to a structural beam. Therefore, it is
not the dry wall or plaster of a ceiling that supports the ceiling
fan. Accordingly, DOE concludes that a ceiling fan could as easily
be installed from a structural beam/support without the dry wall/
plaster.
---------------------------------------------------------------------------

Additionally, DOE recognizes that whether air flow is returned to
the fan intake may be dependent on the installation environment.
Accordingly, DOE has removed the phrase ``with air returning to the
intake side of the fan'' from the adopted definition for ``circulating
air'' for the purpose of the ceiling fans definition. However, the
definition adopted in this final rule continues to specify a diameter-
to-maximum operating speed ratio to distinguish between fans that
generally are designed to circulate air from those fans generally
designed to provide directional air flow. As stated, DOE has
determined, as supported by commenters, that the threshold of 0.06 in/
RPM provides the appropriate distinction.
For the reasons discussed previously and in consideration of
comments received, in this final rule, DOE adopts the following
definition for ``circulating air'' for the purpose of the ceiling fan
definition:
(1) Circulating Air means the discharge of air in an upward or
downward direction. A ceiling fan that has a ratio of fan blade span
(in inches) to maximum rotation rate (in revolutions per minute)
greater than 0.06 provides circulating air.
(2) For all other ceiling fan related definitions, see appendix U
to this subpart.
AMCA (represented by Mr. Catania at the time) suggested during the
September 2019 NOPR public meeting that DOE consider including in
Appendix U visual images as examples (with disclaiming language) of the
applicable fans in scope. (AMCA, Public Meeting Transcript, No. 28 at
p. 14) Westinghouse (represented by Mr. Gatto) also agreed with AMCA's
comments and suggested that DOE could consider providing a separate
guidance document that provides clear examples of in-scope ceiling
fans. (Westinghouse, Public Meeting Transcript, No. 28 at p. 16) DOE
appreciates the recommendations, but notes that examples and pictures
could be interpreted differently by different stakeholders. DOE prefers
to rely on physical features of the product when establishing
definitions and scope. Accordingly, at this point DOE is not
considering a separate guidance document that includes visual
representations of in-scope ceiling fans. Any specific questions about
scope and test can be sent to <a href="/cdn-cgi/l/email-protection#24655454484d454a47417750454a404556405775514157504d4b4a576441410a404b410a434b52">[email&#160;protected]</a>.
2. Scope of Ceiling Fan Test Procedure
Section 2 of appendix U specifies that the ceiling fan test
procedure applies to ceiling fans except:
(1) Ceiling fans where the plane of rotation of a ceiling fan's
blades is not less than or equal to 45 degrees from horizontal, or
cannot be adjusted based on the manufacturer's specifications to be
less than or equal to 45 degrees from horizontal;
(2) Centrifugal ceiling fans;
(3) Belt-driven ceiling fans; and
(4) Oscillating ceiling fans.
Section 1.6 of appendix U defines ``centrifugal ceiling fan'' as
``a ceiling fan for which the primary airflow direction is in the same
plane as the rotation of the fan blades.'' Section 1.3 of appendix U
defines ``belt-driven ceiling fan'' as ``a ceiling fan with a series of
one or more fan heads, each driven by a belt connected to one or more
motors that are located outside of the fan head.'' Section 1.16 of
appendix U (renumbered as section 1.17 in this final rule) defines
``oscillating ceiling fan'' as ``a ceiling fan containing one or more
fan heads for which the axis of rotation of the fan blades cannot
remain in a fixed position relative to the ceiling. Such fans have no
inherent means by which to disable the oscillating function separate
from the fan blade rotation.''
DOE received comments regarding the scope of the ceiling fan test
procedure and exemptions. AMCA commented that there should continue to
be an exception for ceiling fans whose plane of rotation exceeds 45
degrees. (AMCA, No. 33 at p. 8) The CA IOUs recommended that DOE
monitor for excessive energy use groups of ceiling fans that are not
regulated, such as belt-driven fans and ceiling fans whose blades'
plane of rotation cannot be within 45 degrees of the horizontal. (CA
IOUs, No. 31 at p. 3)
In this final rule, DOE makes no changes to the exclusion of
centrifugal ceiling fans; oscillating ceiling fans; and ceiling fans
where the plane of rotation

[[Page 50403]]

of a ceiling fan's blades is not less than or equal to 45 degrees from
horizontal, or cannot be adjusted based on the manufacturer's
specifications to be less than or equal to 45 degrees from horizontal;
as specified in section 2 of appendix U. As discussed further in
section III.A.2.b of this document, DOE is amending the scope of the
test procedure with regard to belt-driven ceiling fans.
VES stated that it is considering updating its belt-driven ceiling
fans to direct drive fans (which are primarily shrouded), which would
eliminate belt losses and boost motor efficiency. VES asserted that
these ceiling fans would then be captured by the HSSD definition and
therefore be subject to minimum efficiency standards that these ceiling
fans would be unable to meet. VES recommended that ceiling fans with an
orifice shroud surrounding the impeller or with adjustable discharge
dampers be exempt from the rulemaking. (VES, No. 26 at pp. 1-2)
Regarding the scope of the ceiling fan test procedure, if a
shrouded ceiling fan meets the definition of ceiling fan as amended by
this final rule, it would be considered a ceiling fan and would be
subject to the design standards, test procedure, and applicable energy
conservation standards. DOE notes that this rulemaking is with regard
only to the test procedure for ceiling fans and consideration of energy
conservation standards of ceiling fans is covered by a separate
rulemaking (Docket number EERE-2021-BT-STD-0011).
a. Scope of Test Procedure for Large-Diameter Ceiling Fans
In the July 2016 Final Rule, DOE limited the scope of the ceiling
fans test procedure to ceiling fans up to 24 feet in diameter. 81 FR
48619, 48632. DOE explained that it was not aware of any commercially
available LDCFs with blade spans greater than 24 feet and as such could
not confirm the reliability of test procedure results for these LDCFs.
Thus, section 3.4.1 of appendix U specifies that the test procedure for
large-diameter ceiling fans (``LDCFs'') is applicable for ceiling fans
up to 24 feet in diameter. As such, LDCFs with diameters greater than
24 feet have not been subject to energy conservation standards. .
In the December 2021 SNOPR, DOE proposed to remove the 24-foot
blade span limit in section 3.4.1 of appendix U. 86 FR 69544, 69551.
This proposal was based on two primary factors. First, because DOE's
test procedure for LDCFs is based on AMCA 230-15, nothing inherent to
the test procedure would prevent testing of a ceiling fan greater than
24 feet. AMCA 230-15 provides minimum clearances as a function of blade
span and does not specify an upper limit on blade span. Second, AMCA
confirmed that the test facilities AMCA uses are capable of
accommodating ceiling fans with blade spans substantially larger than
24 feet. 86 FR 69544, 69551; see also AMCA, No. 43 at p. 4)
AMCA, the Efficiency Advocates, and the CA IOUs agreed with DOE's
proposal to remove the 24-foot blade span limit. (AMCA, No. 43 at p. 4;
Efficiency Advocates, No. 44 at p. 2; CA IOUs, No. 46 at p.1; AMCA,
Public Meeting Transcript, No. 42 at p. 23) AMCA commented that there
is at least one LDCF on the market with a blade span greater than 24
feet, and that there is no additional test burden for testing a ceiling
fan with a blade span greater than 24 feet relative to testing a
ceiling fan with a blade span of 24 feet. (AMCA, No. 43 at pp. 4, 12-
13)
DOE did not receive any comments objecting to its proposal to
remove the 24-foot blade span limit. Further, while DOE is aware of two
LDCF models with a diameter greater than 24 feet, DOE understands that
these models are already tested using the DOE test procedure.\14\
Therefore, elimination of the 24-foot threshold from the test procedure
update will not add any test burden.
---------------------------------------------------------------------------

\14\ DOE acknowledges that in the December 2021 SNOPR, in the
context of the Paperwork Reduction Act analysis, DOE stated that it
reviewed the market for ceiling fans with a diameter greater than 24
feet and identified 4 models currently being offered for sale by 2
manufacturers. 86 FR 69544, 69562. To clarify, the identified
ceiling fans had the potential for a diameter greater than 24 feet.
DOE assumed 4 models having a diameter greater than 24 feet. Upon
further review, DOE has since concluded that only two models have a
diameter greater than 24 feet.
---------------------------------------------------------------------------

For the reasons discussed, in this final rule DOE is removing the
24-foot blade span limit in section 3.4.1 of appendix U, which expands
the scope of the test procedure for LDCFs to ceiling fans having a
blade span larger than 24 feet. As such, representations of energy
efficiency and energy use made with respect to LDCFs, including those
with blade spans larger than 24 feet, must be made in accordance with
this final rule beginning 180 days after publication of the final rule
in the Federal Register. (42 U.S.C. 6293(c)(2)) DOE will address any
potential changes to the scope of standards for LDCFs in a separate
rulemaking.
b. Scope of Test Procedure for Belt-Driven Ceiling Fans
Section 1.3 of appendix U defines a ``belt-driven ceiling fan'' as
``a ceiling fan with a series of one or more fan heads, each driven by
a belt connected to one or more motors that are located outside of the
fan head.'' In the December 2021 SNOPR, DOE proposed to amend the test
procedure to include a type of high-speed, single-head, belt-driven
ceiling fan, which stakeholders identified as having come onto the
market since belt-driven ceiling fans had been excluded from energy
conservation standards. 86 FR 69544, 69552. DOE stated that unlike
other belt-driven ceiling fans, high-speed, single-head, belt-driven
ceiling fans are not customizable, and the fan head can be isolated for
testing. DOE noted that, in contrast to the low-speed multiple head
belt-driven ceiling fans, these designs allow single-head belt-driven
ceiling fans to be tested using the test procedures in appendix U. 86
FR 69544, 69552.
Accordingly, DOE proposed to define high-speed belt-driven
(``HSBD'') ceiling fan as a small-diameter ceiling fan that is a belt-
driven ceiling fan with one fan head, and has tip speeds greater than
or equal to 5000 feet per minute. Id. DOE notes that in its proposal,
``greater than or equal to 5000 feet per minute'' was consistent with
the tip speed identified by stakeholders as corresponding to a new type
of belt-driven fan that had come to market with a larger motor and
higher tip speeds. 86 FR 69544, 69551-69552. However, in the December
2021 SNOPR, DOE also suggested that it would consider other tip speed
thresholds. Id.
DOE also stated that it had identified at least one belt-driven
ceiling fan with a marketed blade span of greater than 7 feet. DOE
proposed to define large-diameter belt-driven (``LDBD'') ceiling fan as
a belt-driven ceiling fan with one fan head that has a represented
value of blade span, as determined in 10 CFR 429.32(a)(3)(i), greater
than seven feet. Id. Further, DOE also suggested that it may consider a
combined term and definition for all belt-driven ceiling fans that meet
the scope of HSBD and LDBD ceiling fans. DOE discussed that by removing
``small-diameter'' in the definition, the alternate HSBD definition
should accommodate belt-driven ceiling fans with blade spans greater
than seven feet. Id.
Generally, the CA IOUs, ALA, and the Efficiency Advocates commented
that they supported expanding the scope of the test procedure to cover
high-speed, single-head, belt-driven ceiling fans. (CA IOUs, No. 46 at
pp. 2-3; ALA, No. 45 at p. 2; Efficiency Advocates, No. 44 at pp. 1-2)
The Efficiency Advocates commented that they believe covering HSBD and
LDBDs provides a level

[[Page 50404]]

playing field for manufacturers and permits purchasers to make informed
decisions. (Efficiency Advocates, No. 44 at pp. 1-2) Regarding coverage
of LDBDs, AMCA commented that they are only aware of one LDBD ceiling
fan and stated that there is no reason for it to be excluded from other
large-diameter ceiling fans based solely on drive type. (AMCA, No. 43
at p. 5) AMCA added that the large-diameter ceiling fan product class
already includes both gear-driven and direct-drive ceiling fans, such
that adding LDBD ceiling fans would be consistent with current
requirements. (AMCA, No. 43 at p. 5) The CA IOUs commented that DOE
should avoid creating a separate product class for LDBD fans and should
instead include them with large-diameter ceiling fans because they will
have the same metric and should be held to the same standard. (CA IOUs,
No. 46 at p. 3) ALA agreed that LDBDs should be included with large-
diameter ceiling fans. (ALA, No. 42 at p. 10)
ALA commented that they supported DOE not proposing a test
procedure for low-speed belt-driven ceiling fans. (ALA, Public Meeting
Transcript, No. 42 at p. 27)
Based on comment received and further review, DOE has not
identified any unique applications for LDBDs as compared to HSBDs. Both
DOE and commenters have only identified one ceiling fan that would meet
the definition of LDBD. Further, the one LDBD identified is marketed
for similar applications to all other HSBDs. Given that both types of
fans serve the same application and can be tested according to the same
procedures, in this final rule, DOE is adopting a definition for HSBD
that removes any distinction based on diameter.
DOE notes there are not currently energy conservation standards
that would be applicable to HSBD ceiling fans and that it is currently
evaluating potential energy conservation standards for HSBD ceiling
fans in a separate energy conservation standards rulemaking (See docket
EERE-2021-BT-STD-0011). As part of that rulemaking, DOE will consider
whether it is technologically feasible and economically justified to
establish energy conservation standards for HSBDs.
Regarding the proposed tip speed threshold for the HSBD definition,
AMCA and ALA both recommended that DOE align the tip speed threshold
with the existing blade thickness and tip speed thresholds separating
HSSD and LSSD ceiling fans.\15\ (AMCA, No. 43 at p. 5; ALA No. 45 at p.
2) AMCA commented that it supports the definition because there is a
lack of reliable performance data for HSBD, the use of a consistent
tip-speed threshold (i.e., the tip-speed threshold used for the current
HSSD and LSSD definitions) might be more appropriate. (AMCA, No. 43 at
p. 5) ALA further commented that all low-speed, multiple head belt-
driven ceiling fans should remain exempted from testing requirements.
(ALA, No. 45 at p. 2)
---------------------------------------------------------------------------

\15\ While there is no tip speed threshold for a ceiling fan
with a blade thickness less than 3.2mm, at or above 3.2mm, the tip
speed thresholds vary from 2,400 fpm to 3,200 fpm to 4,000 fpm,
depending on direction of airflow and blade thickness. See HSSD and
LSSD ceiling fan definitions in section 1 of appendix U.
---------------------------------------------------------------------------

The tip-speed thresholds used to separate LSSD and HSSD ceiling
fans, as defined in section 1.13 of appendix U (renumbered as section
1.14 in this final rule) and section 1.8 of appendix U, respectively,
generally align with the tip-speed thresholds defined by industry
safety standard UL 507-2017, ``Standard for Electric Fans,'' which
specifies that ceiling fans with tip speeds higher than the threshold
cannot be installed below ten feet without a ceiling fan guard. Given
this, and in lieu of any additional performance data beyond the initial
stakeholder comment that formed the basis of DOE's proposal in the
December 2021 SNOPR, DOE agrees with AMCA and ALA that the tip speed
used to differentiate HSSD from LSSD ceiling fans would provide a more
justifiable and appropriate tip speed to distinguish belt-driven
ceiling fans that are high speed from those that are low speed because
it aligns with existing ceiling fan safety standards. In this final
rule, DOE defines the tip-speed threshold for HSBD ceiling fans
consistent with the thresholds differentiating HSSD and LSSD ceiling
fans.
In the December 2021 SNOPR, DOE noted that the airflow of HSBD fans
was much higher than other small-diameter ceiling fans and because of
that, the small-diameter ceiling fan test procedure (i.e., using sensor
arm setup) could be problematic. 86 FR 69544, 69552. As such, DOE
proposed to test all HSBD fans according to section 3.4 of appendix U,
which references AMCA 230-15. DOE requested comment on its proposed
test method. Id. Related, DOE proposed requiring the use of the CFEI
metric, rather than a cubic feet per minute (``CFM'') per Watt (``W'')
metric (``CFM/W''), to characterize the energy efficiency of HSBD
ceiling fans. 86 FR 69544, 69553.
AMCA commented that because of the relatively high airflow of HSBD
ceiling fans, AMCA 230 is the most appropriate test procedure and
therefore supported using that standard to test HSBD ceiling fans.
(AMCA, No. 43 at p. 5) AMCA stated that they did not have estimated
operating speeds and hours for HSBD ceiling fans, which would be needed
for a CFM/W metric, and supported use of the CFEI metric for HSBD fans.
(AMCA, No. 43 at pp. 5-6) The Efficiency Advocates supported the use of
CFEI for all belt-driven ceiling fans, including high-speed and/or
large diameter belt-driven ceiling fans given that the airflows are
more similar to large-diameter ceiling fans. (Efficiency Advocates, No.
44 at pp. 1-2)
DOE did not receive any comments in opposition to testing HSBD
ceiling fans using AMCA 230-15 or calculating efficiency based on CFEI.
In this final rule, DOE is amending appendix U to specify that HSBD
ceiling fans are to be tested using AMCA 230-15 and have efficiency
calculated based on CFEI.
In the December 2021 SNOPR, DOE proposed to require HSBDs capable
of only single-speed operation to be tested at only high speed and for
HSBDs capable of variable speed operation to be tested at high speed
and 40-percent speed. 86 FR 69544, 69553.
AMCA, CA IOUs and the Efficiency Advocates noted that all ceiling
fans are required to meet the design conditions prescribed by EPCA,
which require multi-speed operation. (AMCA, No. 43 at p. 7; CA IOUs,
No. 46 at pp. 2-3; Efficiency Advocates, No. 44 at p. 2-3; ASAP, Public
Meeting Transcript, No. 42 at p. 25) The CA IOUs asked that DOE clarify
that all ceiling fans, including belt-driven ceiling fans, centrifugal
ceiling fan, oscillating ceiling fans, or ceiling fans whose blades'
plane of rotation cannot be within 45 degrees of horizontal, still need
to meet the ceiling fan design requirements. (CA IOUs, No. 46 at p. 3)
The Efficiency Advocates stated that one of EPCA's requirement is that
all ceiling fans manufactured after January 1, 2007, are required to
have adjustable speed controls and that DOE should clarify how testing
of single-speed BDCFs interacts with the EPCA requirements. (Efficiency
Advocates, No. 44 at pp. 2-3) These commenters are correct that all
ceiling fans manufactured on or after January 1, 2007 are required to
meet the design standards specified at 10 CFR 430.32(s)(1), including
the requirement to have adjustable speed controls. As such, all HSBDs
sold on the market must be capable of variable speed operation and the
proposed provisions

[[Page 50405]]

pertaining to HSBDs capable of only single speed operation are
superfluous). Accordingly, in this final rule, DOE is adopting language
requiring HSBDs to be tested at both high speed and 40 percent speed or
the nearest speed that is not less than 40 percent speed.
DOE notes there are not currently energy conservation standards
that would be applicable to HSBD ceiling fans. As such, and as
discussed further in section III.Q of this document, the coverage of
HSBD ceiling fans under the test procedure does not require that these
fans be subject to such testing. Were a manufacturer to voluntarily
make representations of the energy efficiency of such fans, any such
representation would be required to be based on testing in accordance
with the DOE test procedure and such representation must fairly
disclose the results of such testing. (42 U.S.C. 6293(c)(1))
c. Scope of Test Procedure for VSD Ceiling Fans
Appendix U prescribes a test method for LSSD and HSSD ceiling fans,
but does not explicitly prescribe a test method for VSD ceiling fans.
The HSSD ceiling fan definition excludes VSD ceiling fans. As such,
appendix U provides a method of testing only those VSD ceiling fans
that meet the LSSD ceiling fan definition. In the September 2019 NOPR,
DOE proposed to specify explicitly that VSD ceiling fans that do not
also meet the definition of LSSD fan are not required to be tested
pursuant to the DOE test method for purposes of demonstrating
compliance with DOE's energy conservation standards for ceiling fans or
representations of efficiency. 84 FR 51440, 51445. DOE requested
comments on this proposal. Id.
ALA, Hunter and AMCA supported DOE's proposal to exclude VSD
ceiling fans that do not meet the definition of LSSD. (ALA, No. 45 at
p. 1; Hunter, No. 29 at p. 3; ALA, No. 34 at p. 3; AMCA, No. 33 at p.
8)
For the reasons discussed, in this final rule, DOE is adopting the
more explicit specification that VSD ceiling fans that do not meet the
definition of LSSD ceiling fan are not required to be tested pursuant
to appendix U. In other words, only VSD ceiling fans that meet the
definition of LSSD fan are required to be tested using appendix U. DOE
notes, however, that all VSD ceiling fans are still required to meet
the design standards specified in 10 CFR 430.32(s).
The Efficiency Advocates, which includes ASAP, encouraged DOE to
cover VSD fans that are not LSSD ceiling fans in the separate fans and
blowers rulemaking, especially the VSD fans that have a diameter-to-
maximum operating speed ratio less than 0.06. (Efficiency Advocates,
No. 44 at p. 4; ASAP, Public Meeting Transcript, No. 42 at p. 36) ASAP
explained that the physical characteristics of these higher-speed VSD
ceiling fans are more similar to air-circulating fan heads. (ASAP,
Public Meeting Transcript, No. 42 at p. 36) On October 1, 2021, DOE
issued a request for information (``RFI'') seeking comment and
information regarding coverage as part of a separate rulemaking for
fans and blowers.\16\ 86 FR 54412 (``October 2021 RFI''). The October
2021 RFI included discussion of ACFHs, which as discussed in section
III.A.1 of this document, generally have a ratio of fan blade span to
maximum rotation rate less than 0.06 in/RPM and therefore are not
considered to provide ``circulating air'' as defined by this final rule
(and therefore do not meet the definition of ceiling fan). 86 FR 54412,
54414. DOE will consider any further comments regarding coverage of
ACFHs as part of the fans and blowers rulemaking.
---------------------------------------------------------------------------

\16\ See Docket No. EERE-2021-BT-TP-0021 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

B. Standards Incorporated by Reference

Appendix U references certain provisions of the industry test
standards AMCA 208-18 and AMCA 230-15, both of which are incorporated
by reference. See 10 CFR 430.3(b)(2) and (4).
As discussed in the December 2021 SNOPR, DOE was made aware that
AMCA 230-15 was inconsistent in its conversion of measurements to
standard air density. 86 FR 69544, 69551. Whereas calculated thrust is
converted to standard air density (Section 9.3 of AMCA 230-15),
electric input power is not. Thrust (which is used to determine airflow
in CFM) and electric input power are inputs to the CFEI metric
described in AMCA 208-18. Therefore, without the correction, the same
fan can have different values for CFEI depending on the density of the
air where the fan is being tested.
On May 5, 2021, AMCA made a correction to address the inconsistency
in the industry standard in the form of a technical errata sheet for
AMCA 230-15.\17\ The technical errata sheet details that the
corrections listed in the errata sheet apply to all copies of AMCA 230-
15. In response to the December 2021 SNOPR, AMCA stated that it
supports the technical errata sheet for AMCA 230-15 being treated as a
part of AMCA 230-15. (AMCA, No. 43 at p. 11)
---------------------------------------------------------------------------

\17\ The publication date of the errata sheet is listed as June
2021. See <a href="http://www.techstreet.com/amca/standards/amca-230-15?product_id=1904250#amendments">www.techstreet.com/amca/standards/amca-230-15?product_id=1904250#amendments</a>.
---------------------------------------------------------------------------

In this final rule, DOE is updating the incorporation by reference
of AMCA 230-15 to include the 2021 technical errata sheet. In addition,
DOE is implementing organizational changes whereby DOE is incorporating
the entirety of AMCA 230-15 at 10 CFR 430.3 and providing a new index
within appendix U to provide the specific provisions of AMCA 230-15,
AMCA 208-18, and IEC 62301-U that apply to the DOE test procedure. This
amendment is strictly organizational and has no substantive impact on
the test procedure.

C. Efficiency Metric for Small-Diameter Ceiling Fans

Ceiling fan efficiency is currently expressed in terms of CFM/W for
small-diameter ceiling fans (See section 4 of appendix U) and CFEI for
large-diameter ceiling fans (section 5 of Appendix U).
VES commented that, while they accept CFM as a unit for the metric,
consumers care about the speed of the air they encounter, which is more
clearly conveyed by feet per minute (``FPM''). (VES, No. 25 at p. 2)
DOE notes that the CFM/W metric is an industry-accepted efficiency
metric for ceiling fans. DOE is not aware of any existing test
procedures for ceiling fans for which the ``useful output of services''
is measured in FPM rather than CFM. Accordingly, DOE is not considering
a metric based on FPM in this final rule.
The Efficiency Advocates, which includes ASAP, recommended that DOE
consider a metric other than CFM/W for small-diameter ceiling fans,
such as CFEI, to account for the differences in airflow. (Efficiency
Advocates, No. 44 at p. 3; ASAP, Public Meeting Transcript, No. 42 at
p. 17) The Efficiency Advocates explained that the minimum DOE
efficiency levels for small-diameter ceiling fans are a function of
diameter only and do not reflect the cubic relationship between airflow
and power. As such, higher airflow fans generally have more difficulty
meeting CFM/W standards compared to fans of the same diameter that
provide lower airflow. The Efficiency Advocates discussed ENERGY
STAR[supreg]-certified fans, which generally use similar motors, but
are certified for a range of CFM/W values at a given blade span.
(Efficiency Advocates, No. 44 at p. 3; ASAP, Public Meeting Transcript,
No. 42 at p. 17) The Efficiency Advocates suggested DOE investigate the
extent to which the large range in CFM/W rating are a product of
airflow differences rather than use of technologies aimed at reducing
power

[[Page 50406]]

consumption. Id. The Efficiency Advocates stated that differences in
airflow were problematic for LDCFs, which led to the establishment of
the CFEI metric, and commented that an alternative metric like CFEI
would provide similar benefits to small-diameter ceiling fans.
(Efficiency Advocates, No. 44 at pp. 3-4; ASAP, Public Meeting
Transcript, No. 42 at p. 18)
ALA commented that the CFEI metric is not workable for small-
diameter ceiling fans in its current form and supported the continued
use of the CFM/W metric for small-diameter ceiling fans. (ALA, No. 45
at p. 1)
DOE notes that the CFEI metric uses airflow constants, pressure
constants, and fan efficiency constants, that were developed
specifically for large-diameter ceiling fans and may not hold for
small-diameter ceiling fans.\18\ No similar constants exist for small-
diameter ceiling fans. In the technical support document supporting the
February 2022 energy conservation standards preliminary analysis,\19\
DOE highlighted several additional reasons regarding why a CFEI metric
would potentially not have the same advantages for small-diameter
ceiling fans as it does for large-diameter ceiling fans. Specifically,
DOE noted that the CFM/W metric originated in the ENERGY STAR[supreg]
program in 2002.\20\ As such, changing to a CFEI metric for small-
diameter ceiling fans could lead to confusion in the industry. Large-
diameter ceiling fans were never included in the ENERGY STAR[supreg]
program and as such did not have the consumer association with the CFM/
W metric. Further, DOE noted that the reduced speed controls of small-
diameter ceiling fans made small-diameter ceiling fans less susceptible
to gaming operating speeds to improve efficiency. Lastly, DOE noted
that the reduced variability in maximum flow made it more likely that
improvements in efficiency for small-diameter ceiling fans would be
reflected in either a CFEI and CFM/W metric.
---------------------------------------------------------------------------

\18\ Air Movement and Control Associate (AMCA), Introducing
Ceiling Fan Energy Index (CFEI) and Changes to the U.S. Regulation
for Large-Diameter Ceiling Fans [White Paper], 2021. Available at:
<a href="http://www.amca.org/assets/resources/public/assets/uploads/Introducing_Ceiling_Fan_Energy_Index_2.pdf">www.amca.org/assets/resources/public/assets/uploads/Introducing_Ceiling_Fan_Energy_Index_2.pdf</a>.
\19\ Available at Docket No. EERE-2021-BT-STD-0011-0015.
\20\ U.S. Environmental Protection Agency. ENERGY STAR[supreg]
Testing Facility Guidance Manual: Building a Testing Facility and
Performing the Solid State Test Method for ENERGY STAR Qualified
Ceiling Fans: Version 1.1. 2002. <a href="http://www.energystar.gov/ia/partners/manuf_res/downloads/ceiltestfinal.pdf">www.energystar.gov/ia/partners/manuf_res/downloads/ceiltestfinal.pdf</a>.
---------------------------------------------------------------------------

Regarding the Efficiency Advocates' observation that there are
products certified in the ENERGY STAR[supreg] database with similar
diameters and large CFM/W ranges, DOE notes that the ENERGY
STAR[supreg] efficiency levels align with the max-tech efficiency
levels from the energy conservation standards final rule published on
January 19, 2017.\21\ 82 FR 6826. In establishing those max-tech
efficiency levels, DOE did not consider blade shape, as blade shape is
a driver of consumer aesthetics. Further, the CFM/W metric incorporates
standby power. Id. at 82 FR 6838 Therefore, there is expected to be a
range of certified CFM/W values for small-diameter ceiling fans, even
if all ceiling fans used the same motor, because manufacturers use
different blade shapes and incorporate different features that consume
power in standby mode. For these reasons, DOE is uncertain that an
alternative metric would add value to consumers of small-diameter
ceiling fans. As such, DOE has maintained use of the CFM/W metric for
small-diameter ceiling fans and the CFEI metric for large-diameter
ceiling fans in this final rule.
---------------------------------------------------------------------------

\21\ Discussion of how ENERGY STAR Version 4.0 was developed,
which references DOE January 2017 Final Rule, is available at:
<a href="http://www.energystar.gov/products/spec/ceiling_fans_specification_version_4_0_pd">www.energystar.gov/products/spec/ceiling_fans_specification_version_4_0_pd</a>.
---------------------------------------------------------------------------

D. Standby Power Test Procedure for Large-Diameter and High-Speed Belt-
Driven Ceiling Fans

As discussed, EPCA requires that amended test procedures and energy
conservation standards incorporate standby mode and off mode energy
use.\22\ (42 U.S.C. 6295(gg)(2) and (3)) Amended test procedures must
integrate standby mode and off mode energy consumption into the overall
energy efficiency, energy consumption, or other energy descriptor,
unless the current test procedures for a covered product already
incorporate standby mode and off mode energy consumption, or such an
integrated test procedure is technically infeasible, in which case the
Secretary shall prescribe a separate standby mode and off mode energy
use test procedure for the covered product, if technically feasible.
(42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------

\22\ EPCA defines ``standby mode'' as the condition in which an
energy-using product is connected to a main power source, and offers
one or more of the following user-oriented or protective functions:
(1) the ability to facilitate the activation or deactivation of
other functions (including active mode) by remote switch (including
remote control), internal sensor, or timer; and (2) continuous
functions, including information or status displays (including
clocks), or sensor-based functions. (42 U.S.C. 6295(gg)(1)(A)(iii))
``Off mode'' is the condition in which the ceiling fan is connected
to a main power source and is not providing any standby or active
mode function. (42 U.S.C. 6295(gg)(1)(A)(ii))
---------------------------------------------------------------------------

In the December 2021 SNOPR, DOE tentatively determined that it
would be technically infeasible to integrate standby power with the
statutory CFEI requirements, such that the integrated metric would be
representative of an average period of use as required by EPCA. 86 FR
69544, 69553. DOE noted that the Energy Act of 2020 established two
CFEI requirements (i.e., high-speed requirement and 40-percent
requirement), and each of these required metrics does not fully account
for active mode energy use or efficiency. Therefore, neither metric
would be appropriately representative if integrated with standby mode
operation because the resulting metric would capture a portion of
active mode energy and the total standby energy use, and such an
integrated metric would not be representative of an average period of
use. Id.
Considering the tentative determination that integrating standby
power into the CFEI metric was technically infeasible, DOE proposed a
separate metric for standby mode energy use. 86 FR 69544, 69553.
Specifically, DOE proposed that the test method for power consumption
in standby mode already established in section 3.6 of appendix U remain
applicable to LDCFs. 86 FR 69544, 69554. DOE further proposed that
while the standby power test method would remain applicable,
manufacturers would not be required to test to that provision until
such time as compliance is required with an energy conservation
standard for standby mode. Id.
DOE also stated that if a CFEI metric were adopted for HSBD ceiling
fans, as DOE has done in this final rule, a separate standby mode
energy use metric would need to be established for HSBDs as well. Id.
DOE proposed to measure HSBD standby power according to section 3.6 of
appendix U, consistent with other types of ceiling fans. Id.
AMCA commented that it agrees that it is technically infeasible to
incorporate standby power into the CFEI metric. (AMCA, No. 43 at p. 6;
AMCA, Public Meeting Transcript, No. 42 at pp. 9, 29) AMCA stated that
they will work with other stakeholders to develop one or more
approaches that would be easier to measure, report and comply with and
explained that they are striving to tie the standby power requirement
to CFEI levels, essentially giving credit to the higher efficiency fans
where their use of standby power in many cases is directly related to
delivering greater overall operating efficiency and where an

[[Page 50407]]

incorrectly designed standby power requirement might as a disincentive
to improving products' operating efficiency. (AMCA, Public Meeting
Transcript, No. 42 at pp. 9-10) AMCA commented that higher standby
power is typically associated with smart technologies that reduce
operating power consumption, operating hours, or differing drive
systems that improve operating performance or reduce energy
consumption. (AMCA, No. 43 at pp. 6-7) AMCA added that too strict of a
maximum standby power limit would hinder implementation of innovative
``smart'' technologies that could increase overall operating energy
efficiency in exchange for using modestly higher levels of standby
power. AMCA proposed that a standby-power allowance be tied to CFEI
levels rated at full speed, such that the higher the CFEI rating, the
greater the allowance for standby power. Based on the example table
provided by AMCA, an LDCF ceiling fan with CFEI rating of 1.00 would
have a standby power allowance of 15 W; each 0.02 CFEI increment above
1.00 would be allowed 1 additional W of standby power (such that a CFEI
rating of 1.20 would correspond with a standby power allowance of 25 W,
for example). (AMCA, No. 43 at pp. 6-9) ALA urged DOE to use caution
when considering a standby power metric for LDCFs. (ALA, Public Meeting
Transcript, No. 42 at p. 7)
Regarding HSBDs, AMCA recommended a separate standby power
requirement, but stated that data for these products is limited. (AMCA,
No. 43 at p. 10; AMCA, Public Meeting Transcript, No. 42 at p. 10) AMCA
also commented that adequate time will be needed before the effective
date of a maximum standby power consumption, so that the most cost-
effective and robust solutions can be developed. (AMCA, Public Meeting
Transcript, No. 42 at p. 10)
The CA IOUs and Efficiency Advocates commented that they support
DOE's proposal to add a separate standby metric for LDCFs. (CA IOUs,
No. 46 at p. 1; Efficiency Advocates, No. 44 at p. 2)
DOE did not receive any comment recommending an alternative test
procedure for standby power for LDCFs or HSBDs. For the reasons
discussed, DOE is maintaining that standby power for LDCFs be measured
according to section 3.6 of appendix U and also requiring standby power
for HSBDs to be measured according to section 3.6 of appendix U.
Manufacturers of LDCFs and HSBDs are not required to test to that
provision until such time as compliance is required with an energy
conservation standard for standby mode, as specified in the amended
Note at the beginning of appendix U. Were a manufacturer to voluntarily
make representations of standby power of such fans, any such
representation would be required to be based on testing in accordance
with the DOE test procedure and such representation must fairly
disclose the results of such testing. (42 U.S.C. 6293(c)(1))
Regarding AMCA's comments suggesting standby power levels be
associated with CFEI levels, energy conservation standards have not
been established for standby power for LDCFs and HSBD ceiling fans. DOE
will consider AMCA's comments and recommendations in its evaluation of
amended energy conservation standards rulemaking, available at docket
number EERE-2021-BT-STD-0011.

E. Specifications for Ceiling Fans With Accessories

Sections 3.3.1 and 3.5.1 of appendix U require that a ceiling fan's
heater and light kit be installed, but not energized during the power
consumption measurement. In the December 2021 SNOPR, DOE proposed to
expand this language to apply more broadly to any additional
accessories or features that do not relate to the ceiling fan's ability
to create airflow by the rotation of the fan blades. 86 FR 69544,
69557. DOE noted that these provisions are in place to include any
impact these accessories might have on airflow, but prevent any
reduction of the measured airflow efficiency that would result from
including power consumption that does not relate to the ceiling fan's
ability to circulate air. Id. DOE added that this proposal would be a
clarification, consistent with how manufacturers are currently testing
additional accessories and requested comment on its proposal. Id.
The Efficiency Advocates recommended DOE require testing ceiling
fan accessories and non-airflow related features in their ``as-
shipped'' configuration to ensure that these features only use power
when turned on by the user. The Efficiency Advocates explained that
while they understand the intention of the proposal to include ceiling
fan energy consumption only as it relates to air circulation, they are
concerned that it could obscure the potentially significant energy
consumption of these accessories. (Efficiency Advocates, No. 44 at p.
5) The Efficiency Advocates recommended that DOE consider exploring
methods for provisions to take into account the energy-saving potential
of accessory smart technologies, such as occupancy sensors, that reduce
operating hours and saved energy overall. (Efficiency Advocates, No. 44
at pp. 4-5)
AMCA and ALA both supported testing products with additional
features powered off. (AMCA, No. 43 at p. 9; ALA, No. 45 at p. 3)
Regarding installation of accessories during testing of standby power,
AMCA commented that there is no definition of minimum testable
configuration, which complicates testing given the evolving options for
controllers, occupancy sensors, line conditioners, etc. (AMCA, No. 43
at p. 8) AMCA added that large-diameter ceiling fans can be sold with
multiple fans tied to a single controller and that these controllers
would use more standby power than a controller designed for a single
fan. (AMCA No. 43 at p. 8) AMCA proposed that DOE test with only
standard accessories. (AMCA, No. 43 at p. 8) AMCA stated that optional
product features should not be energized because they facilitate energy
savings that are orders of magnitude greater than the associated
standby losses. AMCA specifically commented that advanced human-machine
interfaces, transmitters/transducers for wireless communication,
connection to external automation systems, HVAC control circuitry, and
occupancy sensors should be excluded from the standby power
measurement. (AMCA, No. 43 at pp. 9) AMCA also stated that optional
devices that serve tertiary functions beyond air circulation also
should be powered off including light kits, heaters, and germicidal
devices. (AMCA, No. 43 at p. 10)
DOE notes that ceiling fans typically have to be wired by the user
or an installer and as such are shipped in a configuration intended to
provide user friendly and safe installs. Ceiling fans and their
accessories, like light kits and heaters, are typically turned on and
off repeatedly in their lifetime and consumers are familiar with the
process of turning them and their accessories on and off, regardless of
how it is shipped. Given the installation and consumer use of ceiling
fans, it is unlikely that accessories would remain in the on-position
unless intended by the consumer. As such, requiring testing in their
``as-shipped'' configuration would not provide a more representative
measure of energy use of the ceiling fan.
In this final rule, DOE is adopting its proposed clarification that
additional features (not just heaters and light kits) are either
powered off or set at the lowest energy-consuming mode during testing.
Section 3.6 of appendix U provides that when testing standby power,
the

[[Page 50408]]

ceiling fan must remain connected to the main power supply and be in
the same configuration as in active mode. As such, the clarification
that additional accessories are to be installed, but powered off would
apply to the standby power measurement as well. As DOE noted, the
intention of this provision is to capture the impact that these
additional accessories have on airflow, while preventing any reduction
in efficiency associated with power consumption that does not relate to
a ceiling fan's ability to circulate air. The additional accessories
cited by AMCA associated with the ceiling fan controller do not impact
the airflow of a ceiling fan and as such are intended to be either
powered off or set to the lowest energy-consuming mode for testing. To
the extent that additional accessories are a part of an upgraded
controller that is not part of the default ceiling fan model, those are
to be left uninstalled as they are separate add-on purchases by a
consumer. This is consistent with how large-diameter ceiling fan
standby power was considered in the January 2017 Final Rule (which
cites 7 W of power as the average standby power for large-diameter
ceiling fans, consistent with the average power measurement for default
controllers, not the standby power of an upgraded controller) and is
consistent with manufacturer published literature for large-diameter
ceiling fan standby power consumption. 82 FR 6826, 6847.
To avoid confusion as to which controller is used for testing, in
the case where multiple advanced controllers are offered, DOE is adding
an additional clarification to its specifications for ceiling fan
accessories. Specifically, DOE is clarifying that if the ceiling fan is
offered with a default controller, test using the default controller.
If multiple controllers are offered, test using the minimally
functional controller. Testing using the minimally functional
controller is consistent with the direction to test with accessories
not energized during the power consumption measurement. Controller
functions other than the minimal functions (i.e., the functions
necessary to operate the ceiling fan blades) are akin to accessories
that do not relate to the ceiling fan's ability to create airflow by
the rotation of the fan blades. This addition clarifies the existing
test procedure and does not impact the test burden or measured standby
power values.
Regarding ``smart'' technologies, DOE's existing test procedure for
small-diameter ceiling fans incorporates estimated operating hours of a
ceiling fan and uses those operating hours to derive a representative
CFM/W metric by including low-speed operation, high-speed operation,
and standby hours. While additional sensors may influence operating
hours, DOE does not have any data indicating the degree to which these
technologies would impact operating hours and no data has been provided
to indicate that the current test procedure is not representative of
ceiling fans with ``smart'' technologies.
To the extent that smart features are able to be turned off, DOE
notes that the adopted language clarifies that any additional feature
not related to airflow is to be turned off or set to set at the lowest
energy-consuming mode. Therefore, smart technologies that can be
disabled would not impact the efficiency as measured by DOE's test
procedure.

F. Ceiling Fan Test Voltage

Sections 3.3.1(5) and 3.4.3 of appendix U provide direction for
determining the supply voltage when testing a LSSD and HSSD ceiling
fan, and LDCFs, respectively, based on the rated voltage of the fan.
Further, sections 3.3.1(6) and 3.4.4 of appendix U provide direction
for determining the supply voltage phase (either single- or multi-
phase) when testing a LSSD and HSSD ceiling fan, and large-diameter
ceiling fan, respectively, based on the rated supply power of the fan.
In response to the December 2021 SNOPR, AMCA commented that the
current language regarding voltage and phase requirements is ambiguous
in certain cases, and provided an example for a ceiling fan that can
operate in single phase or three phase and is rated for operation at
100-300V. AMCA asserted that the current provisions could be
interpreted to require testing with 120 V, three-phase power in the
example provided, which would not seem appropriate because 120V, three-
phase power does not exist in the United States. (AMCA, No. 43 at pp.
13-14)
AMCA's comments demonstrate that the language as written could be
misinterpreted by test laboratories. As noted by AMCA, 120V is
generally associated only with single-phase power in the United States.
As such, in following the supply voltage and supply phase provisions of
the test procedure, the rated supply voltage and rated supply phase
should be considered together, not independently. Accordingly, for a
ceiling fan that must be tested with multi-phase power, the ceiling
fan's minimum rated voltage would be considered the minimum rated
voltage for use with multi-phase power, not the minimum rated voltage
for use with single-phase power. Any contrary interpretation would
result in a combination of phase and voltage that is not representative
of an average use cycle.
To prevent such misinterpretation, DOE is reordering the test
procedure to present the power supply phase requirements prior to the
power supply voltage requirements (renumbered as sections 3.3.1(5) and
3.4.2 in this final rule), which provides a more logical indication
that the supply phase must be considered before the supply voltage.
Further, DOE is adding clarification to the supply voltage provisions
to explicitly state how supply voltage is considered for single-phase
and multi-phase electricity (renumbered as sections 3.3.1(6) and 3.4.3
in this final rule). DOE is also explicitly stating that the test power
supply should be at a frequency of 60 Hz. DOE notes that these changes
are consistent with the current testing requirements and are only
intended to provide further clarity to the original requirements. DOE
does not expect any ceiling fans to have to be re-tested because of
this clarification given that it aligns with the common industry method
for rating power supply to a ceiling fan (i.e., including a rated
supply voltage range at each rated supply phase, not the two
independently).

G. Low Speed Definition

Section 1.12 of appendix U defines ``low speed'' to mean ``the
lowest available ceiling fan speed, i.e., the fan speed corresponding
to the minimum, non-zero, blade RPM.''
In the September 2019 NOPR, DOE noted that through round robin
testing and industry inquiry, DOE is aware that the lowest available
fan speed on some ceiling fans provides an extremely low rotation rate,
leading to atypically low airflow. 84 FR 51440, 51446. Because of the
extremely low rotation rate and atypically low airflow, consumers are
unlikely to use such a setting to circulate air. Id. at 51447. For such
products, the lowest speed available on the ceiling fan is not
representative of the lowest speed for that product that can provide
``circulation of air''. Accordingly, DOE stated that it is considering
modifying the definition of low speed and presented a modified
definition and requested comments on the definition. Id.
In the December 2021 SNOPR, DOE noted that the low speed as defined
for the purpose of the current DOE test procedure is not representative
of the low speed required for ``circulation of air''. 86 FR 69544,
69554. Further, as

[[Page 50409]]

observed through round robin testing, requiring testing at the ``lowest
available speed'' would be overly burdensome to test because
laboratories have trouble meeting the stability criteria. Id. at 86 FR
695454-69555. Therefore, having considered comments, DOE proposed a
definition for low speed as follows: Low speed means the lowest
available ceiling fan speed for which fewer than half or three,
whichever is fewer, sensors per individual axis are measuring less than
40 feet per minute. Alternatively, DOE considered representing the same
proposed definition as a table indicating the number of sensors that
must measure greater than 40 feet per minute. Id. at 86 FR 69555.
In response to the proposal, ALA agreed with DOE's assessment
concerning the measurement of the lowest fan speed and supported the
proposal to amend the definition for low speed. ALA stated that the
proposed table is acceptable as well, but encouraged DOE to merge the
table with the table in section 1.13 of appendix U. (ALA, No. 45 at p.
3) In the public meeting, ALA recommended that similar to the
definition in section 1.13 in appendix U, they support a low-speed
definition that has both written text and a table. (ALA, Public Meeting
Transcript, No. 42 at p. 33) Westinghouse commented that charts are
much easier for the labs and non-technical people to understand.
(Westinghouse, Public Meeting Transcript, No. 42 at p. 32).
Section 1.13 of appendix U (renumbered as section 1.14 in this
final rule) specifies the definition for low-speed small-diameter
ceiling fan. The definition DOE proposed to update, however, is for low
speed. ALA did not clarify further in their written comments how the
proposed table for low speed should be incorporated into the LSSD
ceiling fan definition. However, based on their comment in the public
meeting, DOE understands ALA's written comments to mean that the low
speed definition should combine both the proposed text and table.
As suggested by ALA, DOE considered merging the December 2021 SNOPR
proposed definition with the table. DOE notes that the proposed
definition and the table were different presentations of the same
criteria to meet the proposed low-speed definition. The proposed
definition was based on the number of sensors measuring less than 40
fpm, whereas the table was based on the number of sensors measuring at
40 fpm or greater. As suggested by Westinghouse, DOE agrees that the
table presents the definition in a manner that is likely to be more
clearly understood generally. As such, in this final rule, DOE is
amending the definition for low speed consistent with the alternate
consideration in the December 2021 SNOPR, as follows:
Low speed means the lowest available speed that meets the following
criteria:

------------------------------------------------------------------------
Number of sensors per individual Number of sensors per individual
axis as determined in section axis measuring 40 feet per minute
3.2.2(6) of this appendix or greater
------------------------------------------------------------------------
3 2
4 3
5 3
6 4
7 4
8 5
9 6
10 7
11 8
12 9
------------------------------------------------------------------------

Note that in this final rule, low speed definition is renumbered
from section 1.12 to section 1.13 in appendix U. Furthermore, DOE is
including explicit instructions in the test procedure to start at the
lowest speed and move to the next highest speed until the low speed
definition (as amended) is met. This will ensure the identification of
the lowest speed of the fan that meets the low speed definition. Note
that in this final rule, DOE has included these explicit instructions
in steps 4a through 7 in section 3.3.2 of appendix U.
DOE expects that this amendment will reduce the total test time per
unit for low speed tests for a subset of LSSD ceiling fans. As had been
defined, low speed likely required laboratories to run tests for a long
period before achieving the necessary stability criteria requirements.
The amended test method could mitigate the occurrence of these long
test runs. DOE estimates that manufacturers of LSSD ceiling fans that
conduct testing in-house could save approximately 60 minutes in per-
unit testing time due to the revised low speed criteria.
DOE does not expect this amendment to require retesting or to
change measured efficiency for the majority of LSSD ceiling fans.
However, for the small subset of LSSD ceiling fans for which the lowest
speed is at an extremely low rotation rate and provides a low airflow,
retesting may be required if the lowest speed does not meet the amended
definition of low speed. In the instances under the amended test method
for which testing at the next highest speed were to be required,
testing at the next highest speed would likely result in increased
power consumption, but it would also result in increased airflow. The
resulting ceiling fan efficiency would be calculated by weighting the
airflow and power consumption results from the high speed test (which
remains unchanged) and standby/off-mode with the low speed test,
resulting in a weighted average CFM/W (Equation 1, appendix U). Because
the measured efficiency is a ratio of airflow and power consumption at
high speed, low speed and standby/off-mode, and testing at the next
highest speed would result in an increase in airflow as well as power
consumption only for low speed (which has the lowest operating hours,
as presented in Table 3 of appendix U), DOE expects the amended low
speed definition to have an insignificant effect on ceiling fan
efficiency for the applicable subset of LSSD ceiling fans.
The cost and cost saving impacts of this update are discussed in
section III.P of this document.

H. Alternate Stability Criteria for Average Air Velocity Measurements

Section 3.3.2(1) of appendix U requires that the average air
velocity for each sensor must vary by less than 5 percent compared to
the average air velocity measured for that same sensor in a successive
set of air velocity measurements. Stable measurements are required to
be achieved at only high speed for HSSD ceiling fans, and at both low
and high speed for LSSD ceiling fans. In the September 2019 NOPR, DOE
discussed receiving several inquiries from manufacturers citing
difficulties with meeting the stability criteria at low speed for
certain basic models of ceiling fans. 84 FR 51440, 51446. Accordingly,
DOE evaluated available test data to investigate these difficulties and
to determine whether increased tolerances for air velocity stability
criteria for low-speed tests could be used to reduce test burden
without materially affecting the results of the test procedure. Id. DOE
used the test data from ceiling fans tested at a third-party testing
facility to compare the airflow and efficiency results of the test
procedure with the 5 percent and 10 percent air velocity stability
criteria applied to low speed. Id. DOE found that increasing the
stability criteria to 10 percent for low speed would allow more fans to
meet the stability criteria and reduce the number of successive
measurements needed to do so without materially changing the efficiency
results of the test procedure. Id. Therefore, in the September 2019
NOPR, DOE proposed to increase the air velocity stability criteria for
testing at low speed from 5 percent to 10 percent. Id.
AMCA generally stated that this proposal should be able to
facilitate getting viable ratings for the fans in the labs. They noted
that this proposal was

[[Page 50410]]

a step in the right direction. (AMCA, Public Meeting Transcript, No. 28
at pp. 50-52) Hunter, BAF and ALA supported the proposal. (Hunter, No.
29 at p. 3; BAF, No. 36 at p. 2); (ALA, No. 34 at p. 3) BAF stated that
it believes the proposed increase in tolerance will significantly
reduce the time require to test LSSD ceiling fans. (BAF, No. 36 at p.
2) The CA IOUs commented that increasing stability criteria for air
velocity measurements could change the test results. They suggested
performing an analysis to determine that impact before changing the
criteria. (CA IOUs, No. 31 at p. 2) The Efficiency Advocates suggested
it is unclear whether the stability criteria still needs to be
increased in light of the proposed change in the low-speed definition,
which would make stability issues less likely. (Efficiency Advocates,
No. 44 at p. 4)
In addition to the evaluation of data discussed in the September
2019 NOPR, DOE previously evaluated an increase in the low-speed
stability criteria in response to a petition for a waiver from the test
procedure. 83 FR 52213 (October 16, 2018). DOE granted BAF a waiver
that specified an increase in low-speed stability criteria from 5 to 10
percent. Id. at 85 FR 52216. (Case Number 2017-011.) In the notice of
petition prior to the decision and order, based on available test data,
DOE found that increasing the stability criteria would allow the
subject fans to meet the stability criteria and reduce the number of
successive measurements needed to do so without materially changing the
efficiency results. 83 FR 12726, 12729. DOE observed similar minimal
impacts in the data evaluated for the September 2019 NOPR as well. 84
FR 51440, 51446. Further, the round robin report also concluded that
there was minimal impact on efficiency when unstable data (i.e., data
that could not meet the airflow stability requirements of 5 percent of
successive runs) was removed from the data set and compared to results
from stable data (i.e., data that met the airflow stability
requirements of 5 percent of successive runs) only.\23\ While the
conclusion of the round robin testing is not specific to increasing
stability criteria from 5 to 10 percent, it supports that calculating
efficiency from unstable data does not significantly impact efficiency
results. Accordingly, DOE continues to conclude that increasing the
stability criteria will not materially impact efficiency results.
---------------------------------------------------------------------------

\23\ See pages 13-14 of the round robin report available here:
<a href="http://www.regulations.gov/document/EERE-2013-BT-TP-0050-0038">www.regulations.gov/document/EERE-2013-BT-TP-0050-0038</a>.
---------------------------------------------------------------------------

For these reasons, in this final rule DOE increases the air
velocity stability criteria for testing at low speed from 5 percent to
10 percent, consistent with the proposal from the September 2019 NOPR.
This amendment is consistent with the methodology of the alternative
test method granted to BAS in the waiver decision and order. 83 FR
52213 Note in this final rule, DOE has included the updated air
velocity stability criteria for testing at low speed in a new section
3.3.2(a)(1) in appendix U.
Regarding the comment from the Efficiency Advocates, DOE notes that
the amended low speed definition requires only a subset of sensors per
each axis to measure air velocity at 40 feet per minute or greater.
Whereas, the amended stability criteria requires the average air
velocity for all sensors on all axes to meet the 5 percent stability
criteria. Therefore, even with the amended low speed definition, a
single sensor not meeting the 5 percent stability criteria at low speed
could still occur. As such, the amendment of the low-speed definition
does not obviate the need for the amended stability criteria.
Finally, this final rule fulfills the regulatory requirement for
DOE to publish in the Federal Register a notice of proposed rulemaking
and subsequent final rule to amend its regulations so as to eliminate
any need for the continuation of such waiver as soon as practicable. 10
CFR 430.27(l).

I. Sensor Arm Setup

To record air velocity readings, section 3.3.2 of appendix U
prescribes two setups for taking airflow measurements along four
perpendicular axes (designated A, B, C, and D): a single rotating
sensor arm or four fixed sensor arms. If using a single rotating sensor
arm, airflow readings are first measured on Axis A, followed by
successive measurements on Axes B, C, and D. If using four fixed sensor
arms, the readings for all four axes are measured simultaneously. See
Steps 4 and 5 of section 3.3.2 of appendix U.
Comparing the single-arm and four-arm setup, DOE noted in the
December 2021 SNOPR that while valid results are generally attained
more quickly using the four-arm setup, the setup is more expensive
because it requires at least 4 times as many sensors. 86 FR 69544,
69556. On the other hand, the single-arm setup is less expensive, but
requires the rotation of the arm every 100 seconds, which disrupts the
air, often increasing the time to achieve stability. Id.
During round robin testing, DOE personnel noted that laboratories
using the single-arm setup waited approximately 30 seconds for arm
vibration to dissipate before starting data collection at the new
position. Accordingly, in the December 2021 SNOPR, to address stability
issues in a single-arm setup, DOE proposed, based on observations from
the round robin testing, to provide explicit instruction for setups
that require arm rotation to stabilize the arm and allow 30 seconds
between test runs for any residual turbulence to dissipate prior to
data collection after each rotation. 86 FR 69544, 69556. Further, as an
alternative to single- and four-arm setups, DOE also proposed to allow
laboratories to rely on test setups with two arms, so that the system
would need to be rotated only once to collect data for all four axes.
Id.
ALA supported this proposal, stating that it would make testing
more accurate and stable, while also allowing for the flexibility of a
two-arm option. (ALA, No. 45 at p. 3) DOE did not receive any other
comments regarding this proposal.
For the reasons discussed, in this final rule, DOE is adopting the
December 2021 SNOPR proposal, which includes explicit arm stabilization
instructions and allows use a test setup with two arms. Note that in
this final rule, DOE has included these explicit instructions in steps
4a through 7 in section 3.3.2 of appendix U.

J. Air Velocity Sensor Mounting Angle

Section 3.2.2 of appendix U does not specify the applicable
mounting angle of the sensors on the sensor arm. In the December 2021
SNOPR, DOE noted that air velocity is most accurately measured by
aligning the velocity sensor perpendicular to the airflow path, as this
is the orientation for which the airflow through the openings of the
sensor is smooth and free of turbulence. 86 FR 69544, 69556. DOE
discussed that during recent round robin testing, some air velocity
sensors were not aligned perpendicular to the path of airflow, and that
a misaligned velocity sensor could produce inaccurate air velocity
measurements. Id. Accordingly, DOE proposed to include explicit
instructions in section 3.2.2(6) of appendix U to align the air
velocity sensors perpendicular to the direction of airflow. Further,
DOE also stated that it would consider either updating or adding a
figure to depict more clearly the alignment of the velocity sensors
perpendicular to the direction of airflow. Id.
ALA supported the proposal to align the air velocity sensors
perpendicular to

[[Page 50411]]

the direction of airflow and to make necessary changes to Figure 2 of
appendix U or create a new figure to clearly depict the proper
alignment. (ALA, No. 45 at p. 3) DOE did not receive any other comments
on this proposal.
For the reasons discussed, DOE is adopting the December 2021 SNOPR
proposal that specifies alignment of the air velocity sensors
perpendicular to the direction of airflow in section 3.2.2(6) of
appendix U. Further, DOE is updating Figure 2 of appendix U (renumbered
as Figure 3 by this final rule) to depict the proper alignment of
sensors.

K. Instructions To Measure Blade Thickness

Sections 1.8 in appendix U and section 1.13 in appendix U
(renumbered as section 1.14 in appendix U) incorporate a fan blade
thickness threshold of 3.2 mm within the definitions of HSSD ceiling
fan and LSSD ceiling fan, respectively. Blade edge thickness is used to
distinguish product classes because it relates to safety considerations
that, in turn, relate to where a ceiling fan is likely to be installed.
Ceiling fans installed in commercial and industrial settings are
typically installed in locations with higher ceilings, and therefore
thin leading edges on the blades do not present the safety hazard that
thin leading edges would present on ceiling fans that are installed at
lower heights, i.e., ceiling fans installed in residential settings.
Appendix U currently does not provide instruction for how to
measure fan blade thickness. In the September 2019 NOPR, DOE proposed
that blade edge thickness for small diameter fans be measured at the
leading edge of the fan blade (i.e., the edge in the forward direction)
with an instrument having a measurement resolution of at least a tenth
of an inch. 84 FR 51440, 51450. DOE also proposed the following
instructions for measuring blade edge thickness to ensure test
procedure reproducibility, given potential variations in blade
characteristics: (1) Measure at the point at which the blade is
thinnest along the radial length of the fan blade and is greater than
or equal to one inch from the tip of the fan blade, and (2) Measure one
inch from the leading edge of the fan blade. Id.
In response to the September 2019 NOPR, ALA expressed support for
measuring blade thickness one inch from the tip of the fan blade. (ALA,
No. 34 at p. 4) Westinghouse also noted their support for this
proposal. (Westinghouse, Public Meeting Transcript, No. 28 at p. 77)
Following publication of the September 2019 NOPR, DOE subsequently
became aware of a ``rolled-edge'' blade design on a residential ceiling
fan for which the thickness of the body of the blade is less than 3.2
mm, but that has a curled shape along the leading edge, with the curl
having an outer thickness greater than 3.2 mm. For such a rolled-edge
blade, the blade thickness measurement procedure proposed in the
September 2019 NOPR (i.e., one inch from the leading edge) would
indicate a ``thin blade'' despite the thicker leading edge, resulting
in the fan being classified as an HSSD, which as discussed are
generally non-residential fans. Conversely, measuring the thickness at
the rolled edge (i.e., less than one inch from the leading edge) would
result in the fan being classified as an LSSD, which are generally fans
installed in residential settings and would be the more appropriate
designation for the model under consideration.
In order to measure blade thickness for ``rolled-edge,'' flat,
tapered, and other ceiling fan blade types in a manner that would
consistently classify ceiling fans with these blade types into the
appropriate product class, DOE proposed in the December 2021 SNOPR to
update the proposal for measuring blade thickness as follows: (1)
locate the cross-section perpendicular to the fan blade's radial
length, that is at least one inch from the tip of the fan blade and for
which the blade is thinnest, and (2) measure the thickest point of that
cross-section within one inch from the leading edge of the fan blade.
86 FR 69544, 69556-69557. DOE expected that this proposal would result
in ceiling fans with ``rolled-edge'' blade designs being assigned to
the appropriate product class, while having minimal effect on the blade
thickness measurement of other blade types relative to the proposal in
the September 2019 NOPR. 86 FR 69544, 69557.
In response to the December 2021 SNOPR proposal, ALA expressed
support for the modified proposal, but noted that they do not think the
update will have much of an impact on the classification of current
product models. (ALA, No. 45 at p. 3)
For the reasons discussed in the December 2021 SNOPR, in this final
rule DOE adds instructions to appendix U to measure the blade thickness
consistent with the proposal set forth in the December 2021 SNOPR.

L. Instrument Measurement Resolution

In the September 2019 NOPR, DOE proposed amendments to appendix U
to specify minimum instrument resolution for measuring blade span,
blade edge thickness, and the distance between the ceiling and the
lowest point of the fan blade. The proposed instrument resolutions were
at least 0.25 inches, at least one tenth of an inch, and at least 0.25
inches, respectively. 84 FR 51440, 51450. Further, DOE proposed that to
determine the blade span, measure the lateral distance at the
resolution of the measurement instrument, using an instrument with a
measurement resolution of least 0.25 inches, and then multiply this
distance by two. Id.
In response to the September 2019 NOPR, Hunter agreed with DOE's
proposal for measuring blade span as well as the proposed tolerance for
measuring ceiling to blade distance. (Hunter No. 29 at pp. 4-5) ALA
also agreed with DOE's proposed distance from the blade to the ceiling,
and recommended that DOE require ceiling fans to be leveled prior to
testing. (ALA, No. 34 at p. 4)
DOE notes that section 3.2.2 of appendix U requires the ceiling fan
to be installed according to the manufacturer's installation
instructions. DOE understands that ceiling fan installation manuals
commonly include instructions for leveling or balancing the ceiling
fan.
In the December 2021 SNOPR, DOE updated the proposal for blade edge
thickness to require a measurement resolution of at least 0.001 in.,
based on comments received in response to the September 2019 NOPR and
the understanding that most, if not all, test laboratories use calipers
to measure blade edge thickness. 86 FR 69544, 69557-69558.
For the reasons discussed, in this final rule, DOE is adopting the
September 2019 NOPR proposals regarding the instrument resolution for
measuring blade span and the distance between the ceiling and the
lowest point of the fan blade in this final rule. Further, for the
reasons discussed in the prior paragraphs and the December 2021 SNOPR,
DOE is adopting the December 2021 SNOPR proposal regarding the
instrument resolution for blade edge thickness.

M. Certification, Represented Value, and Rounding Requirements

The procedures required for determination, certification, and
enforcement of compliance of covered products with the applicable
conservation standards are set forth in 10 CFR part 429.
In the September 2019 NOPR, DOE proposed to amend certain
certification requirements for ceiling fans to include

[[Page 50412]]

product-specific information that would be required to certify
compliance with the amended energy conservation standards established
in January 2017 Final Rule. 84 FR 51440, 51450.
In response to the September 2019 NOPR, ALA commented that the
certification template should be updated such that manufacturers can
continue to submit data to a single location, DOE's Compliance
Certification Management System. (ALA, No. 34 at p. 4) Hunter agreed
that certification reports should include product-specific information
for the public, and stated that proper tolerances must to considered
due to instrument resolution and production line tolerances. (Hunter,
No. 29 at p. 4) Westinghouse Lighting appreciated that DOE proposed to
clarify specific methods of measurement. (Westinghouse, Public Meeting
Transcript, No. 28 at p. 75) BAF agreed with the proposals for
certification requirements, and requested that air flow and power at
high speed for large-diameter ceiling fans be added to DOE's
certification database for public (preferred) or private access. (BAF,
Public Meeting Transcript, No. 28 at p. 75-76; BAF, No. 36 at p. 2)
AMCA commented that certification reports for LDCFs also include
airflow and power at high speed as these are the most commonly used by
manufacturers in marketing and the performance data requested by
consumers. (AMCA, No. 33 at p. 9)
In response to the December 2021 SNOPR, the Efficiency Advocates
expressed support for DOE's proposal to require certification reports
to include all relevant information required to certify that products
meet standards. (Efficiency Advocates, No. 44 at p. 2) The Efficiency
Advocates encouraged DOE to also publish additional information
publicly such as airflow (CFM) and tip speed (ft/min) to assist
stakeholders and consumers in understanding the relative energy
efficiency of ceiling fans across a broad range of product
characteristics. (Efficiency Advocates, No. 44 at p. 2)
Since the September 2019 NOPR, DOE has finalized amended
certification provisions for various covered product and equipment,
including ceiling fans, in a separate final rule published on July 22,
2022 (``July 2022 Certification Final Rule'').\24\ 87 FR 43952, 43964-
43966. Further, since the September 2019 NOPR, DOE also notes that the
May 2021 Technical Amendment finalized technical amendments
corresponding with provisions enacted by Congress through the Energy
Act of 2020 which now requires large-diameter ceiling fans to meet
specified minimum efficiency requirements based on CFEI, which is
different than what was originally considered in the September 2019
NOPR. 86 FR 28469, 28469-28470. The CFEI metric has since been included
as part of the July 2022 Certification Final Rule. 87 FR 43952, 43965.
As such, DOE is not considering the September 2019 NOPR amended
certification proposals in this final rule.
---------------------------------------------------------------------------

\24\ Rulemaking docket EERE-2012-BT-STD-0045.
---------------------------------------------------------------------------

In the September 2019 NOPR, DOE also proposed amendments to 10 CFR
429.32 to specify that represented values required are to be determined
consistent with the test procedures in appendix U and to specify
rounding requirements for represented values. 84 FR 51440, 51450. DOE
proposed the following: Any represented value of blade span shall be
the mean of the blade spans measured for the sample selected as
described in 10 CFR 429.32(a)(1), rounded to the nearest inch; any
represented value of blade RPM shall be the mean of the blade RPMs
measured for the sample selected as described in 10 CFR 429.32(a)(1),
rounded to the nearest RPM; any represented value of blade edge
thickness shall be the mean of the blade edge thicknesses measured for
the sample selected as described in 10 CFR 429.32(a)(1), rounded to the
nearest tenth of an inch; and any represented value of the distance
between the ceiling and the lowest point on the fan blades shall be the
mean of the distances measured for the sample selected as described in
10 CFR 429.32(a)(1), rounded to the nearest quarter of an inch. Id.
Blade span, blade edge thickness, the distance between the ceiling and
the lowest point on the fan blades are used to determine the product
class to which a basic model belongs. Further, DOE proposed that any
represented value of tip speed is calculated as pi multiplied by the
represented value of blade span divided by twelve, multiplied by the
represented value of RPM, and rounded to the nearest foot per minute.
84 FR 51440, 51459.
DOE also proposed updates to the product class definitions included
in appendix U to reference the proposed represented value provisions to
specify that the product class for each basic model is determined using
the represented values of blade span, blade RPM, blade edge thickness,
the distance between the ceiling and the lowest point on the fan blades
and tip speed. 84 FR 51440, 51450.
In response to comments received in response to the September 2019
NOPR, in the December 2021 SNOPR, DOE further proposed to replace the
blade-edge thickness rounding proposal from nearest tenth of an inch to
the nearest 0.01 inch. 86 FR 69544, 69557. Further, in the December
2021 SNOPR, DOE noted that airflow (CFM) at high speed is also product-
specific information required to determine product category, and that
neither 10 CFR 429.32(a)(2)(i) nor appendix U provides any rounding
requirements for airflow at high speed as it relates to determining
whether a ceiling fan is a highly-decorative ceiling fan. Accordingly,
DOE proposed to specify that any represented value of airflow (CFM) at
high speed, including the value used to determine whether a ceiling fan
is a highly-decorative ceiling fan, is determined pursuant to 10 CFR
429.32(a)(2)(i) and rounded to the nearest CFM. Id. Finally, in the
December 2021 SNOPR, DOE noted that the product class definitions
proposed in the September 2019 NOPR referenced the incorrect regulatory
text sections for the represented values proposed in 10 CFR 429.32.
Accordingly, DOE proposed corrective updates. 86 FR 69544, 69558.
In the public meeting following the September 2019 NOPR,
Westinghouse expressed a generalized concern that previously-compliant
ceiling fans may become non-compliant under the representations and
rounding requirements depending on how a manufacturer had been
rounding. (Westinghouse, Public Meeting Transcript, No. 28 at pp. 84-
86) In response to the September 2019 NOPR, Hunter agreed with the
blade span rounding and with the proposed tolerances for ceiling to
blade distance. (Hunter No. 29 at p. 4) ALA recommended that DOE always
use the standard rounding method, meaning all numbers are rounded to
the nearest whole number or whatever decimal place is required. ALA
stated that defining a set rounding process would hopefully eliminate
inconsistencies with the required measurements. (ALA, No. 34 at p. 4)
In response to the December 2021 SNOPR, ALA supported the airflow
at high speed rounding proposal, and encouraged DOE to harmonize the
test report data with data required for the EnergyGuide label and to
require rounding to no more than two digits. (ALA, No. 45 at p. 3) AMCA
supported DOE's proposed requirements for representations of airflow at
high speed as well as the rounding specifically for large-diameter and
LDBD ceiling fans. (AMCA, No. 43 at p. 10)
DOE appreciates the concern set forth by Westinghouse. The
represented value and rounding requirements adopted in

[[Page 50413]]

this final rule are consistent with current industry and laboratory
practice. In addition, comments received in response to the September
2019 NOPR and December 2021 SNOPR indicate that industry is generally
in agreement with the proposed updates. Therefore, DOE does not expect
the represented value and rounding requirements adopted in this final
rule to impact represented values.
With regards to airflow rounding, DOE notes that the proposed
amendments were consistent with the FTC EnergyGuide label and the DOE
guidance document to determine the measurements needed for the FTC
label.\25\ The key components of the guidance document are codified in
this final rule, as discussed in section III.O of this final rule.
---------------------------------------------------------------------------

\25\ DOE guidance document available at <a href="http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/ftc_label_calc_method_2016-10-21.pdf">www1.eere.energy.gov/buildings/appliance_standards/pdfs/ftc_label_calc_method_2016-10-21.pdf</a>.
---------------------------------------------------------------------------

Accordingly, in this final rule, DOE is establishing the
represented value and rounding requirements proposed in the September
2019 NOPR and December 2021 SNOPR, as presented in Table III.1 of this
document. Further, DOE is updating the definitions in section 1 of
appendix U to reference the updated represented values.

Table III.1--Represented Value and Rounding
------------------------------------------------------------------------
Represented value and rounding
Represented value requirement
------------------------------------------------------------------------
Blade span........................ Is the mean of the blade spans
measured for the sample selected as
described in 10 CFR 429.32(a)(1),
rounded to the nearest inch.
Blade RPM......................... Is the mean of the blade RPMs
measured for the sample selected as
described in 10 CFR 429.32(a)(1),
rounded to the nearest RPM.
Blade edge thickness.............. Is the mean of the blade edge
thickness measured for the sample
selected as described in 10 CFR
429.32(a)(1), rounded to the 0.01
inch.
Distance between the ceiling and Is the mean of the distances
the lowest point on the fan measured for the sample selected as
blades. described in 10 CFR 429.32(a)(1),
rounded to the nearest quarter of
an inch.
Tip speed......................... Shall be pi multiplied by
represented value of blade span
divided by twelve multiplied by the
represented value of blade RPM,
rounded to the nearest foot per
minute.
Airflow (CFM) at high speed....... Is determined pursuant to 10 CFR
429.32(a)(2)(i) and rounded to the
nearest CFM.
------------------------------------------------------------------------

Hunter commented that the method for the ``determination of
represented value'' as defined in 10 CFR 429.32 presents an inherent
problem when calculating the represented value using the lower 90
percent confidence limit outlined in Sec. 429.32. In their comment
submission, Hunter provided an example on situations where the
represented CFM, because of the LCL calculation in 10 CFR
429.32(a)(2)(i)(B), resulted in an unrealistic CFM, in some cases, the
calculated CFM was negative. Accordingly, they urged DOE to consider
alternate solutions to this which does not create undue burden on
manufacturers. (Hunter, No. 29 at p. 6; Hunter, Public Meeting
Transcript, No. 28 at p. 100-102)
The statistical calculations that resulted in the negative CFM
values for the example cited by Hunter were largely the result of
significant deviation in the low-speed airflow measurement between
tested units. As noted previously, in response to round robin testing,
DOE is adopting several provisions designed to improve the
repeatability of the small-diameter ceiling fan airflow measurements,
particularly at low-speeds. Specifically, DOE is adopting an
alternative definition for low speed and alternative stability criteria
for average air velocity measurements at low speed; including explicit
sensor arm stabilization instructions; allowing the use of a test setup
with two arms; and specifying mounting alignment of air velocity
sensors. Taken together, these amendments will improve the
repeatability of the DOE test procedure, ensuring the rated airflow is
closer to the true mean airflow of the population without additional
test burden.
DOE further notes that despite these provisions, it is still
possible one tested sample is an outlier unit that does not represent
the basic model airflow well. In this case, the statistical equations
in 10 CFR 429.32 may impact the rated airflow of the product. However,
DOE notes that 10 CFR 429.11(b) states that the ``minimum number of
units tested shall be no less than two'' and therefore more than two
units can be used to reduce the statistical variance of the measured
airflow.

N. Product-Specific Enforcement Provisions

In the September 2019 NOPR, DOE proposed to add provisions to 10
CFR 429.134 for verification of the represented values in 10 CFR
429.134, to be used in the context of enforcement of the relevant
efficiency standards. 84 FR 51440, 51451. The following paragraphs
describe the proposed DOE verification provisions for each parameter.
DOE proposed that the represented blade span would be valid if the
rounded measurement(s) (either the measured value for a single unit, or
the mean of the measured values for a multiple unit sample, rounded to
the nearest inch) are the same as the represented blade span. Id. This
effectively would provide a range of approximately 1 inch that would
require the same minimum ceiling fan efficiency. DOE proposed that if
the represented blade span is found to be valid, that blade span would
be used as the basis for calculating minimum allowable ceiling fan
efficiency. Id. If the represented blade span were found to be invalid,
the rounded measured blade span would serve as the basis for
calculating the minimum allowable ceiling fan efficiency. Id.
DOE proposed that the represented blade RPM at high speed would be
valid if the measurement(s) (either the measured value for a single
unit, or the mean of the measured values for a multiple unit sample,
rounded to the nearest RPM) are within the greater of 1% or 1 RPM of
the represented blade RPM at high speed. Id. DOE proposed that, if the
represented RPM were found to be valid, that RPM would be used as the
basis for determining the product class. Id. If the certified RPM were
found to be invalid, the measured RPM would serve as the basis for
determining the product class. Id.
DOE proposed that the represented blade edge thickness would be
valid if the measurement(s) (either the

[[Page 50414]]

measured value for a single unit, or the mean of the measured values
for a multiple unit sample, rounded to the nearest tenth of an inch)
are the same as the represented blade edge thickness. Id. DOE proposed
that, if the represented blade edge thickness were found to be valid,
that blade edge thickness would be used as the basis for determining
the product class. If the represented blade edge thickness were found
to be invalid, the rounded measured blade edge thickness would serve as
the basis for determining the product class. Id.
DOE proposed that the represented distance between the lowest point
of the fan blades and the ceiling for each LSSD would be valid if the
measurement(s) (either the measured value for a single unit, or the
mean of the measured values for a multiple unit sample, rounded to the
nearest quarter inch) were the same as the represented distance. Id.
Furthermore, DOE proposed that, if the represented distance were found
to be valid, that distance would be used as the basis for determining
the product class. Id. If the represented distance were found to be
invalid, the rounded measured distance would serve as the basis for
determining the product class. Id.
In response to comments received from the September 2019 NOPR, DOE
further proposed to increase the tolerance for blade RPM measurements
at high speed from <plus-minus>1 percent to <plus-minus>2 percent to
account for voltage variation and equipment resolution. 86 FR 69544,
69558.
In response to the September 2019 NOPR proposal on blade RPM
tolerance, Westinghouse encouraged DOE to clarify that the RPM
tolerance is only for large-diameter ceiling fans. (Westinghouse,
Public Meeting Transcript, No. 28 at pp. 89-90) In response to the
December 2021 SNOPR proposal, ALA supported the blade RPM tolerance
proposal, and requested that DOE clarify that the blade RPM proposal
only applied to large-diameter ceiling fans. (ALA, No. 45 at p. 3) AMCA
also supported DOE's proposed requirements for tolerance requirements
for measuring blade RPM for large-diameter ceiling fans and LDBD
ceiling fans. (AMCA, No. 43 at p. 10)
DOE discussed both in the September 2019 NOPR and December 2021
SNOPR that the proposed blade RPM tolerance for product-specific
enforcement purposes extends to high speed for all ceiling fans. 84 FR
51440, 51451; 86 FR 69544, 69558. Blade RPM at high speed is used to
determine whether a ceiling fan may be a highly-decorative ceiling fan
(section 1.9 of appendix U, renumbered as section 1.10 of appendix U in
this final rule) and is used to calculate tip speed (see section
III.M). The proposed tolerance was applicable to product-specific
enforcement purposes only, and was not applicable to the large-diameter
ceiling fan active mode RPM test requirements specified in section
3.5(2) of appendix U. Both the September 2019 NOPR and December 2021
SNOPR did not propose any changes regarding RPM tolerance as it relates
to active mode testing for large-diameter ceiling fans.
In the public meeting following the September 2019 NOPR, Hunter
commented that the effect of gravity can result in different blade-to-
ceiling measurements depending on where along the ceiling fan blade the
measurement is taken, and that DOE needs to consider this effect.
(Hunter, Public Meeting Transcript, No. 28 at p. 71) In comments
submitted in response to the September 2019 NOPR, Hunter stated that
they agreed with the proposed tolerances for ceiling to blade distance.
(Hunter No. 29 at p. 5)
As discussed in section III.M, blade to ceiling measurements are
based on the distance between the lowest point of the fan blades and
the ceiling. As such, any effects of gravity must be considered when
measuring from the lowest point of fan blades.
In this final rule, DOE is adopting the product-specific
enforcement verification provisions proposed in the September 2019 NOPR
and December 2021 SNOPR, as presented in Table III.2.

Table III.2--Product-Specific Enforcement Verification
------------------------------------------------------------------------
Represented value Enforcement verification
------------------------------------------------------------------------
Blade span........................ Measurement(s) (either the measured
value for a single unit, or the
mean of the measured values for a
multiple unit sample, rounded to
the nearest inch) are the same as
the represented blade span.
Blade RPM......................... Measurement(s) (either the measured
value for a single unit, or the
mean of the measured values for a
multiple unit sample, rounded to
the nearest RPM) are within 2% of
the represented blade RPM at high
speed.
Blade edge thickness.............. If the measurement(s) (either the
measured value for a single unit,
or the mean of the measured values
for a multiple unit sample, rounded
to the 0.01 inch) are the same as
the represented blade edge
thickness.
Distance between the ceiling and Measurement(s) (either the measured
the lowest point on the fan value for a single unit, or the
blades. mean of the measured values for a
multiple unit sample, rounded to
the nearest 0.25 inch) are the same
as the represented distance.
------------------------------------------------------------------------

O. Calculation Methodology for Values Reported on the EnergyGuide Label

FTC requires an EnergyGuide label for any covered product that is a
ceiling fan, except for large diameter and HSSD ceiling fans. See 16
CFR 305.3(g); 16 CFR 305.21(a)(1).
The EnergyGuide label for ceiling fans reports values for four key
metrics: (1) Airflow Efficiency, in CFM/W; (2) Airflow, in CFM; (3)
Energy Use, in W; and (4) Estimated Yearly Energy Cost, in dollars. See
16 CFR 305.21(a)(1). On October 21, 2016, DOE published a guidance
document explaining how to calculate these values, based on
measurements taken in accordance with appendix U.\26\
---------------------------------------------------------------------------

\26\ DOE guidance document available at <a href="http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/ftc_label_calc_method_2016-10-21.pdf">www1.eere.energy.gov/buildings/appliance_standards/pdfs/ftc_label_calc_method_2016-10-21.pdf</a>.
---------------------------------------------------------------------------

In the September 2019 NOPR, DOE proposed to codify at 10 CFR
429.32(a)(3) the calculations required to determine the values
presented on the EnergyGuide label for ceiling fans. 84 FR 51440,
51447.
In response to the September 2019 NOPR, Westinghouse, ALA, and BAF
requested that DOE clarify that the FTC EnergyGuide Label only applies
to LSSD and VSD ceiling fans, but not HSSD and large-diameter ceiling
fans. (Westinghouse, Public Meeting Transcript, No. 28 at pp. 64-65;
ALA, No. 34 at p. 4; BAF, No. 36 at p. 2) BAF further commented that
some HSSD ceiling fans on the market have the FTC label, but that it is
modified for the purposes of the HSSD fan. (BAF, Public Meeting
Transcript, No. 28 at pp. 63-64) AMCA also stated that clarifying how
to perform the testing and calculations for the EnergyGuide label would
decrease the likelihood of error in testing. (AMCA, No. 33 at p. 8)
Hunter supported the proposal to codify

[[Page 50415]]

guidance for the FTC label. (Hunter, No. 29 at p. 4)
DOE notes that in the context of the FTC Energy Label Rule,
``ceiling fan'' is defined to exclude ``large-diameter and high-speed
small diameter fans as defined in appendix U of subpart B of 10 CFR
part 430.'' 16 CFR 305.3(g).
The CA IOUs requested that DOE work with the FTC to provide airflow
and power at high and low speeds on the FTC label. The CA IOUs stated
that high-speed airflow and power values are required on design
documents to comply with ASHRAE standard 90.1. (CA IOUs, No. 46 at p.
4)
DOE did not receive comments on the substance of the calculations
in the DOE guidance document and proposed to be codified in regulation.
DOE notes that it has no authority to make changes the FTC
EnergyGuide label. DOE notes that under the FTC's Energy Label Rule,
representations for ceiling fans must be derived from applicable DOE
test procedures in 10 CFR parts 429 and 430. 16 CFR 305.8(c). The
following sections discuss the calculation methods codified in
regulation in this final rule for each of the four values presented on
the EnergyGuide label.
1. Airflow Efficiency
The EnergyGuide label's Airflow Efficiency value corresponds to the
ceiling fan's represented value of efficiency (see 10 CFR 429.32(a)),
in CFM/W, which is calculated in section 4 of appendix U.
2. Airflow
For LSSD and VSD ceiling fans, the airflow value reported on the
EnergyGuide label represents the weighted-average airflow of a ceiling
fan, in which the weighted average is based on an average of airflow at
low and high fan speeds. The weight given to each speed represents the
average operating hours at that speed normalized by the total average
operating hours in active mode. The average operating hours are
consistent with those defined in Table 3 in appendix U. DOE is
including in 10 CFR part 429 the following equation, as specified in
the current guidance, to calculate this value:
[GRAPHIC] [TIFF OMITTED] TR16AU22.000

Where:

CFMave = represented value of ceiling fan airflow, rounded to the
nearest CFM.
CFMLow = represented value of measured airflow, in cubic feet per
minute, at low fan speed, pursuant to paragraph (a)(2)(i) of this
section.
CFMHigh = represented value of measured airflow, in cubic feet per
minute, at high fan speed, pursuant to paragraph (a)(2)(i) of this
section.
3.0 = average daily operating hours at low fan speed, pursuant to
Table 3 in appendix U.
3.4 = average daily operating hours at high fan speed, pursuant to
Table 3 in appendix U.
6.4 = total average daily operating hours.

Section 3.3 of appendix U specifies the procedures for measuring
the airflow at the high and low speed settings. The measurements of
airflow for each setting specified by the equation above must be based
on the represented value of measured airflow from a sample of at least
two ceiling fans, in accordance with the requirements of 10 CFR
429.32(a)(2)(i). The represented value for airflow is then calculated
using the represented value of measured airflow for each setting
specified by the equation.
3. Energy Use
For LSSD and VSD ceiling fans, the energy use \27\ value reported
on the EnergyGuide label represents the weighted-average power
consumption of the ceiling fan, in which the weighted average is based
on an average of the power consumption at low and high fan speeds and
in standby mode. The weight given to each speed and to standby mode
corresponds to the average operating hours at that setting normalized
by the total average operating hours in active mode. As with the
airflow calculation, the average operating hours are consistent with
those defined in Table 3 in appendix U. DOE is including in 10 CFR part
429 the following equation, as specified in the current guidance, to
calculate this value:
---------------------------------------------------------------------------

\27\ DOE recognizes that the term ``energy use'' on the
EnergyGuide label would be more accurately described as power
consumption, or a rate of energy use.
[GRAPHIC] [TIFF OMITTED] TR16AU22.001

---------------------------------------------------------------------------
Where:

Wave = represented value power consumption, rounded to the nearest
watt,
WLow = represented value of measured power consumption, in watts, at
low fan speed, pursuant to paragraph (a)(2)(ii) of this section.
WHigh = represented value of measured power consumption, in watts,
at high fan speed, pursuant to paragraph (a)(2)(ii) of this section.
WSb = represented value of measured power consumption, in watts, in
standby mode, pursuant to paragraph (a)(2)(ii) of this section.
3.0 = average daily operating hours at low fan speed, pursuant to
Table 3 in appendix U.
3.4 = average daily operating hours at high fan speed, pursuant to
Table 3 in appendix U.
17.6 = average daily standby mode hours, pursuant to Table 3 in
appendix U.
6.4 = total average daily operating hours.

Section 3.3 of appendix U outlines the procedures for measuring the
power consumption at the high and low speed settings, as well as in
standby mode (if applicable). The measurements of power consumption for
each setting specified by the equation above must be based on the
represented value of power consumption measured from a sample of at
least two ceiling fans, in accordance with the requirements of 10 CFR
429.32(a)(2)(ii). The represented value of power consumption use is
then calculated using the represented value of measured power
consumption for each setting specified by the equation.
4. Estimated Yearly Energy Cost
For LSSD and VSD ceiling fans, estimated yearly energy cost
represents the estimated cost to a consumer of the energy consumed in
operating a ceiling

[[Page 50416]]

fan for a year. Time spent at low speed, high speed, and in standby
mode is based on the average operating hours listed in Table 3 in
appendix U. DOE is including in 10 CFR part 429 the following equation,
as specified in the current guidance, to calculate this value:
[GRAPHIC] [TIFF OMITTED] TR16AU22.002

Where:

EYEC = represented value for estimated yearly energy cost, rounded
to the nearest dollar,
WLow = represented value of measured power consumption, in watts, at
low fan speed, pursuant to paragraph (a)(2)(ii) of this section.
WHigh = represented value of measured power consumption, in watts,
at high fan speed, pursuant to paragraph (a)(2)(ii) of this section.
WSb = represented value of measured power consumption, in watts, in
standby mode, pursuant to paragraph (a)(2)(ii) of this section.
CKWH = representative average unit cost of electrical energy in
dollars per kilowatt-hour pursuant to 16 CFR part 305.
3.0 = average daily operating hours at low fan speed, pursuant to
Table 3 in appendix U.
3.4 = average daily operating hours at high fan speed, pursuant to
Table 3 in appendix U.
17.6 = average daily standby mode hours, pursuant to Table 3 in
appendix U.
365 = number of days per year.
1000 = conversion factor from watts to kilowatts.

In calculating this value, the daily operating hours in active mode
are assumed to be 6.4 hours per day. Section 3.3 of appendix U outlines
the procedures for measuring the power consumption at the high and low
speed settings, as well as in standby mode (if applicable). The
measurements of power consumption for each setting specified by the
equation above must be based on the represented value of power
consumption measured from a sample of at least two ceiling fans, in
accordance with the requirements of 10 CFR 429.32(a)(2)(ii). The
represented value for estimated yearly energy cost is then calculated
using the represented value of measured power consumption for each
setting specified by the equation.

P. Test Procedure Costs and Impacts

In this final rule, DOE is amending the existing test procedure for
ceiling fans by (1) including a definition for ``circulating air'' for
the purpose of the ceiling fan definition; (2) extending the scope of
the test procedure to include large diameter fans with a diameter
greater than 24 feet; (3) expanding the test procedure to high-speed
belt-driven ceiling fans; (4) maintaining applicability of standby
power for large-diameter ceiling fans; (5) clarifying test voltage
requirements for large-diameter ceiling fans; (6) specifying test
procedures for ceiling fans with accessories or features that do not
relate to the ceiling fan's ability to create airflow by the rotation
of the fan blades; (7) clarifying that VSD ceiling fans that do not
also meet the definition of LSSD fan are not required to be tested
pursuant to the DOE test method; (8) amending the definition for low-
speed; (9) increasing the tolerance for the stability criteria for the
average air velocity measurements for LSSD and VSD ceiling fans; (10)
allowing two-arm sensor setup and requiring sensor arm(s) to stabilize
for 30 seconds prior to rotating sensor axes; (11) clarifying air
velocity sensor mounting position; (12) providing instructions to
measure blade thickness; (13) amending instrument measurement
resolution; (14) amending represented values, and rounding and
enforcement provisions for ceiling fans; (15) codifying in regulation
existing guidance on the method for calculating several values reported
on the Federal Trade Commission (FTC) EnergyGuide label using results
from the ceiling fan test procedures in appendix U to subpart B of 10
CFR part 430 and represented values in 10 CFR part 429; and (16)
updating the reference to AMCA 230-15 to reference the version that
includes the 2021 errata sheet. DOE has determined that the amended
test procedure will not be unduly burdensome for manufacturers to
conduct.
ALA commented that no matter how minimal the changes are to the
test procedures, in most manufacturers' experience, third-party testing
costs never go down. As such, they noted that any changes that requires
additional testing will be a burden to manufacturers, increase costs to
American consumers, and hinder research and development. (ALA, No. 45
at p. 4) Separately, ALA also generally noted in the January 11th
public meeting that the costs associated with testing never goes down.
(ALA, Public Meeting Transcript, No. 42 at p. 7) Further discussion of
the cost impacts of the test procedure amendments are presented in the
following paragraphs.
1. Cost Impacts for the Scope Related Amendments
As discussed in section III.A of this document, DOE is defining
``circulating air'' to differentiate fans for ``circulating air''
(i.e., ceiling fans) from other products that are not considered to be
a ceiling fan for the purposes of the EPCA definition for ceiling fans;
and to include large-diameter ceiling fans greater than 24 feet in
diameter and certain belt-driven ceiling fans within the scope of the
test procedure.
Regarding DOE's determination to include a definition for
``circulating air,'' DOE identified that certain high-speed VSD ceiling
fans with a diameter-to-maximum operating speed ratio less than 0.06
will be excluded from the ceiling fan scope. As discussed, VSD ceiling
fans represent less than one percent of the total ceiling fan market.
Furthermore, the segment of VSD ceiling fans that would be excluded
from the ceiling fan scope would represent a portion of the less than
one percent of the market. While the definition as established would
likely result in a small cost savings for VSD ceiling fan
manufacturers, DOE conservatively did not include these cost savings as
part of the cost impact calculations.
Regarding including within the scope of the test procedure large-
diameter ceiling fans greater than 24 feet in diameter, while DOE is
aware of two LDCF models with a diameter greater than 24 feet (see
discussion in section III.A.2.a), DOE understands that these models are
already tested using the DOE test procedure. As such, DOE does not
expect any test procedure cost impacts resulting from the expansion of
the test procedure scope to include large-diameter ceiling fans with a
diameter greater than 24 feet.
Additionally, DOE is amending the test procedure to cover certain
belt-driven ceiling fans. There are no energy conservation standards
applicable these certain belt-driven ceiling fans. As such,
manufacturers would not be required to test such belt-driven ceiling
fans according to the DOE test procedure unless a manufacturer
voluntarily chooses to make representations as to the energy efficiency
or energy use of such ceiling fans. Based on third-party

[[Page 50417]]

laboratory test cost quotes to test these belt-driven ceiling fans in
accordance with AMCA 230-15, DOE estimates that it would cost
manufacturers approximately $3,165 to test one HSBD unit at both high
speed and 40 percent speed. DOE requires at least two units be tested.
Therefore, DOE estimates it would cost manufacturers approximately
$6,330 per HSBD basic model. DOE notes that the test procedure
applicable under appendix U is substantively the relevant industry
standard, i.e., AMCA 230-15. To the extent that a manufacturer is
already making representations as to the energy efficiency or energy
use of such fans, DOE expects that the testing is based on AMCA 230-15,
and therefore this final rule would not require additional testing.
2. Cost Impacts for Stability Criteria
This final rule includes amendments analyzed in the September 2019
NOPR increasing the tolerance for the stability criteria for the
average air velocity measurements of LSSD and VSD ceiling fans that
meet the definition of LSSD ceiling fans at low speed. 84 FR 51440,
51446. DOE had identified cost savings that manufacturers would likely
experience from avoiding the need to purchase additional and more-
costly air velocity sensors to meet the stability criteria required by
the prior test procedure.
To test ceiling fans up to 84 inches in diameter with an air
velocity sensor every 4 inches and in all four axes could require a
manufacturer to purchase, calibrate, and install as many as 45 upgraded
sensors. In this final rule, DOE estimates that this investment would
be approximately $50,000 per manufacturer for these upgraded sensors.
DOE estimated that at least two ceiling fan manufacturers have in-house
testing facilities that would have had to invest in upgraded sensors to
meet the stability criteria to comply with the current test procedure--
each of which would avoid approximately $50,000 in one-time costs.
3. Cost Impacts for Low Speed Definition
As discussed in section III.F of this document, DOE is amending the
low speed definition, which is required to test LSSD ceiling fans. This
amendment may require retesting a subset of LSSD ceiling fans. DOE
conservatively estimates that approximately 10 percent of LSSD ceiling
fans with more than three speed settings will be affected by the low
speed definition change and will have to be retested in active mode
using the new low speed definition. Further, DOE estimates that the
test procedure for LSSD ceiling fans will cost $1,500 on average per
basic model active mode test.
4. Cost Impacts for Other Test Procedure Amendments
DOE does not anticipate that the remainder of the amendments in
this final rule will increase test costs.
The amendment to measure standby power using the test method in
section 3.6 of appendix U for LDCFs is not required until such time as
compliance is required with an energy conservation standard for standby
mode, unless a manufacturer voluntarily chooses to make representations
as to the standby power. To the extent that a manufacturer is already
making representations as to standby power of such fans, DOE expects
that the testing is based on section 3.6 of appendix U, and therefore
this final rule would not require additional testing. The amendment to
allow a two-arm sensor setup is in addition to the single-arm and four-
arm setup already allowed in appendix U. The amendment to require that
the sensor arm stabilize for an extra 30 seconds before moving axes
should allow for more accurate air velocity measurements, resulting in
fewer repetitions to meet the stability requirement. The amendments to
specify air velocity sensor mounting position, measure blade thickness,
testing for ceiling fans with accessories, test voltage requirements
for large diameter ceiling fans, and not requiring testing VSD ceiling
fans that do not also meet the definition of LSSD fan are
clarifications. The amendments for instrument measurement resolution,
represented values, rounding and enforcement provisions for ceiling
fans are consistent with current industry and laboratory practice.
Finally, the amendments to codify the calculations required to
determine the values presented on the EnergyGuide label for ceiling
fans is consistent with current FTC requirements.

Q. Effective and Compliance Dates

The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of the final rule in the Federal
Register. (42 U.S.C. 6293(c)(2)) EPCA provides an allowance for
individual manufacturers to petition DOE for an extension of the 180-
day period if the manufacturer may experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To receive such an extension,
petitions must be filed with DOE no later than 60 days before the end
of the 180-day period and must detail how the manufacturer will
experience undue hardship. (Id.) To the extent the modified test
procedure adopted in this final rule is required only for the
evaluation and issuance of updated efficiency standards, compliance
with the amended test procedure does not require use of such modified
test procedure provisions until the compliance date of updated
standards.
ALA urged DOE to allow for a 180-day delay after the effective date
of the test procedure for an issuance of a proposed energy conservation
standard. ALA stated that while the Process Rule at 10 CFR part 430,
subpart C, appendix A does not require a 180-day delay, ALA strongly
believes that the waiting period is warranted should DOE decide to
amend the test procedure as proposed. (ALA, No. 45 at p. 2)
This final rule is with regards to the test procedures only. DOE
notes that it has published a notification of a webinar and
availability of preliminary technical support document to evaluate
potential energy conservation standards for ceiling fans. 87 FR 7758
(February 10, 2022). DOE has not proposed amended energy conservation
standards for ceiling fans.
Upon the compliance date of test procedure provisions in this final
rule any waivers or interim waivers that had been previously issued and
are in effect that pertain to issues addressed by such provisions are
terminated. 10 CFR 430.27(h)(3). Recipients of any such waivers are
required to test the products subject to the waiver according to the
amended test procedure as of the compliance date of the amended test
procedure. The amendments adopted in this document in section III.I
pertain to issues addressed by waivers granted to BAF, Case No. 2017-
011. On October 16, 2018, DOE published a notice of a Decision and
Order (Case Number 2017-011) that granted BAF a waiver from specified
portions of appendix U and required BAF to test and rate specified
basic models of its ceiling fans in accordance with the alternate test
procedure specified in the Decision and Order. 83 FR 52213. The
amendments adopted in section III.H of this final rule incorporate the
same alternate stability criteria for low speed (from 5 percent to 10
percent) as provided in the Decision and Order. Id. at 83 FR 52216.
That Decision and Order terminates on the

[[Page 50418]]

effective date of this final rule specified in the DATES heading.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866 and 13563

Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires
agencies, to the extent permitted by law, to (1) propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs (recognizing that some benefits and costs are difficult to
quantify); (2) tailor regulations to impose the least burden on
society, consistent with obtaining regulatory objectives, taking into
account, among other things, and to the extent practicable, the costs
of cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this final regulatory action is
consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003 to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>.
DOE has recently conducted a focused inquiry into small business
manufacturers of the ceiling fans covered by this rulemaking. DOE used
available public information to identify potential small manufacturers.
DOE accessed the Compliance Certification Database \28\ to create a
list of companies that import or otherwise manufacture the ceiling fans
covered by this final rule.
---------------------------------------------------------------------------

\28\ U.S. Department of Energy Compliance Certification
Database, available at: <a href="http://www.regulations.doe.gov/certification-data/products.html#q=Product_Group_s%3A*">www.regulations.doe.gov/certification-data/products.html#q=Product_Group_s%3A*</a>.
---------------------------------------------------------------------------

The following sections detail DOE's FRFA for this test procedure
final rule.
1. Description of Reasons Why Action Is Being Considered
DOE is amending the existing DOE test procedures for ceiling fans.
DOE shall amend test procedures with respect to any covered product, if
the Secretary determines that amended test procedures would more
accurately produce test results which measure energy efficiency, energy
use, or estimated annual operating cost of a covered product during a
representative average use cycle or period of use. (42 U.S.C.
6293(b)(1)(A))
2. Objective of, and Legal Basis for, Rule
DOE is required to review existing DOE test procedures for all
covered products every 7 years. (42 U.S.C. 6293(b)(1)(A))
3. Description and Estimate of Small Entities Regulated
For manufacturers of ceiling fans, the Small Business
Administration (``SBA'') has set a size threshold, which defines those
entities classified as ``small businesses'' for the purposes of the
statute. DOE used the SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. See 13 CFR part 121. The size standards are listed by North
American Industry Classification System (``NAICS'') code and industry
description available at: www.sba.gov/document/support--table-size-
standards. Ceiling fan manufacturing is classified under NAICS code
335210, ``Small Electrical Appliance Manufacturing.'' The SBA sets a
threshold of 1,500 employees or less for an entity to be considered as
a small business for this category.
To estimate the number of companies that manufacture ceiling fans
covered by this rulemaking, DOE used data from DOE's publicly available
Compliance Certification Database (``CCD''). DOE's small business
search focused on companies that sell at least one LSSD ceiling fan
model with more than three speed settings as well as small businesses
that sell HSBD or LDBD ceiling fans, since those are the only
manufacturers, large or small, that are estimated to potentially incur
any costs due to the test procedure amendments.
DOE identified 10 potential domestic small businesses that
manufacture at least one LSSD ceiling fan with more than three speed
settings. These 10 potential domestic small businesses sell
approximately 325 unique LSSD ceiling fans with more than three speed
settings. Additionally, DOE identified four potential domestic small
businesses that manufacture HSBD ceiling fans. These four potential
domestic small businesses sell 16 known HSBD ceiling fan models.
Further, while DOE is aware of two LDCF models with a diameter greater
than 24 feet, DOE understands that these models are already tested
using the DOE test procedure. Therefore, elimination of the 24-foot
threshold from the test procedure update will not add test burden.
4. Description and Estimate of Compliance Requirements
In this final rule, DOE is amending the existing test procedure for
ceiling fans by (1) including a definition for ``circulating air'' for
the purpose of the ceiling fan definition; (2) extending the scope of
the test procedure to include large diameter fans with a diameter
greater than 24 feet; (3) expanding the test procedure to high-speed
belt-driven ceiling fans; (4) maintaining applicability of standby
power for large-diameter ceiling fans; (5) clarifying test voltage
requirements for large-diameter

[[Page 50419]]

ceiling fans; (6) specifying test procedures for ceiling fans with
accessories or features that do not relate to the ceiling fan's ability
to create airflow by the rotation of the fan blades; (7) clarifying
that VSD ceiling fans that do not also meet the definition of LSSD fan
are not required to be tested pursuant to the DOE test method; (8)
amending the definition for low-speed; (9) increasing the tolerance for
the stability criteria for the average air velocity measurements for
LSSD and VSD ceiling fans; (10) allowing two-arm sensor setup and
requiring sensor arm to stabilize for 30 seconds prior to rotating
sensor axes; (11) clarifying air velocity sensor mounting position;
(12) providing instructions to measure blade thickness; (13) amending
instrument measurement resolution; (14) amending represented values,
rounding and enforcement provisions for ceiling fans; (15) codifying in
regulation existing guidance on the method for calculating several
values reported on the Federal Trade Commission (FTC) EnergyGuide label
using results from the ceiling fan test procedures in appendix U to
subpart B of 10 CFR part 430 and represented values in 10 CFR part 429;
and (16) updating the reference to AMCA 230-15 to reference the version
that includes the 2021 errata sheet. DOE has determined that the
amended test procedure will not be unduly burdensome for manufacturers
to conduct.
DOE estimates that some ceiling fan manufacturers would experience
a cost from the test procedure amendments, due to retesting specific
LSSD ceiling fans at low speed. Additionally, DOE estimates that some
ceiling fan manufacturers would experience a cost savings from the test
procedure amendment regarding the stability criteria for average air
velocity measurements by not having to purchase sensors.
As stated previously, DOE identified 10 potential domestic small
businesses selling approximately 325 unique LSSD ceiling fans with more
than three speed settings. DOE previously estimated that approximately
10 percent of LSSD ceiling fan models with more than three speed
settings would be required to re-test their models using the amended
definition for low-speed. Therefore, DOE estimates that approximately
33 ceiling fan models sold by domestic small businesses would need to
be re-tested due to this test procedure amendment. DOE previously
estimated that it costs manufacturers approximately $1,500 for a third-
party lab to conduct this test. Therefore, DOE estimates that all
domestic small businesses would incur approximately $49,500 to re-test
certain LSSD ceiling fans to the new low-speed definition. DOE
estimates that the annual revenue of these 10 potential domestic small
businesses that sell at least one LSSD ceiling fan with more than three
speed settings range from approximately $1.7 million to over $250
million, with a median value of approximately $36 million.
Additionally, as stated in the previous section, DOE identified
four potential domestic small businesses selling 16 HSBD ceiling fan
models.
DOE estimates that the test procedure for belt-driven ceiling fans
would cost manufacturers approximately $6,330 per basic model to test
in accordance with this test procedure. Therefore, DOE estimates that
domestic small businesses would incur a one-time cost of approximately
$101,280 to conduct testing for the expanded scope of belt-driven
ceiling fan. DOE estimates that the annual revenue of these four
potential domestic small businesses that sell at least one HSBD ceiling
fan range from approximately $79,000 to $16 million.
DOE presents the estimated testing costs and annual revenue for
each potential small business manufacturer of belt-driven fans in Table
IV.1.

Table IV.1--Testing Costs for Small Businesses Manufacturing Belt-Driven Fans
----------------------------------------------------------------------------------------------------------------
Number of Testing costs
belt-driven Estimated Estimated as a percent
Company ceiling fan testing cost annual of annual
models revenue revenue
----------------------------------------------------------------------------------------------------------------
Small Business 1................................ 9 $56,970 $16,000,000 0.3
Small Business 2................................ 5 31,650 79,000 36.3
Small Business 3................................ 1 6,330 1,500,000 0.4
Small Business 4................................ 1 6,330 97,000 6.5
----------------------------------------------------------------------------------------------------------------

5. Duplication, Overlap, and Conflict With Other Rules and Regulations
DOE is not aware of any rules or regulations that duplicate,
overlap, or conflict with this final rule.
6. Significant Alternatives to the Rule
As previously stated in this section, DOE is required to review
existing DOE test procedures for all covered products every 7 years.
Additionally, DOE shall amend test procedures with respect to any
covered product, if the Secretary determines that amended test
procedures would more accurately produce test results which measure
energy efficiency, energy use, or estimated annual operating cost of a
covered product during a representative average use cycle or period of
use. (42 U.S.C. 6293(b)(1)(A)) DOE has determined that the test
procedure amendments for ceiling fans would more accurately produce
test results to measure the energy efficiency of ceiling fans.
While DOE recognizes that requiring ceiling fan manufacturers to
retest specific LSSD ceiling fans at low speed, and expanding the scope
to HSBD ceiling fans would cause manufacturers to re-test or test some
ceiling fan models, the costs to re-test and test these models are
inexpensive for most ceiling fan manufacturers. DOE has tentatively
determined that there are no better alternatives than the amended test
procedures, in terms of both meeting the agency's objectives to
accurately measure energy efficiency and reduce burden on
manufacturers. Therefore, DOE is amending the existing DOE test
procedure for ceiling fans, as established in this final rule.
Additional compliance flexibilities may be available through other
means. EPCA provides that a manufacturer whose annual gross revenue
from all of its operations does not exceed $8 million for the 12-month
period preceding the date of the application may apply for an exemption
from all or part of an energy conservation standard for a period not
longer than 24 months after the effective date of a final rule
establishing the standard. (42 U.S.C. 6295(t)) Additionally,
manufacturers subject to DOE's energy efficiency standards may apply to
DOE's Office of Hearings and Appeals for exception relief under certain
circumstances. Manufacturers should refer to 10 CFR

[[Page 50420]]

part 430, subpart E, and 10 CFR part 1003 for additional details on
these additional compliance flexibilities.

C. Review Under the Paperwork Reduction Act of 1995

Manufacturers of ceiling fans must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including ceiling fans.
(See generally 10 CFR part 429.) The collection-of-information
requirement for the certification and recordkeeping is subject to
review and approval by OMB under the Paperwork Reduction Act (``PRA'').
This requirement has been approved by OMB under OMB control number
1910-1400. Public reporting burden for the certification is estimated
to average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, certifying compliance, and completing and
reviewing the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

In this final rule, DOE establishes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for ceiling fans. DOE has determined that this
rule falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.

E. Review Under Executive Order 13132

Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.

F. Review Under Executive Order 12988

Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act,
1999

Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule

[[Page 50421]]

that may affect family well-being. This final rule will not have any
impact on the autonomy or integrity of the family as an institution.
Accordingly, DOE has concluded that it is not necessary to prepare a
Family Policymaking Assessment.

I. Review Under Executive Order 12630

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

J. Review Under Treasury and General Government Appropriations Act,
2001

Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.

K. Review Under Executive Order 13211

Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of
1974

Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The modifications to the test procedure for ceiling fans adopted in
this final rule incorporate testing methods contained in certain
sections of the following commercial standards: ANSI/AMCA Standard 230-
15 (``AMCA 230-15''), ``Laboratory Methods of Testing Air Circulating
Fans for Rating and Certification, Includes Errata (2021).'' DOE has
evaluated this standard and is unable to conclude whether it fully
complies with the requirements of section 32(b) of the FEAA (i.e.,
whether it was developed in a manner that fully provides for public
participation, comment, and review.) DOE has consulted with both the
Attorney General and the Chairman of the FTC about the impact on
competition of using the methods contained in these standards and has
received no comments objecting to their use.

M. Congressional Notification

As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

The Director of the Federal Register previously approved AMCA 208-
18 for incorporation by reference into appendix U to subpart B: The
procedure defines the fan energy index (``FEI''), outlines the
calculations necessary to obtain it, and discusses the test conditions
and configurations it applies to.
In this final rule, DOE incorporates by reference the following
standards:
AMCA 230-15, ``Laboratory Methods of Testing Air Circulating Fans
for Rating and Certification'', including AMCA 230-15 Technical Errata
2021-05-05, ``Technical Errata Sheet for ANSI/AMCA Standard 230-15:
Density Corrections'', dated May 5, 2021. AMCA 230-15 is an industry-
accepted test procedure for measuring the airflow efficiency of
commercial and industrial ceiling fans.
IEC 62301, Household electrical appliances--Measurement of standby
power, (Edition 2.0, 2011-01). The procedure provides a basis for
standby-mode testing.
The AMCA standards are available from Air Movement and Control
Association International, Inc. (AMCA), 30 West University Drive,
Arlington Heights, IL 60004, (847) 394-0150, or by going to
<a href="http://www.amca.org/store">www.amca.org/store</a>.
The IEC standard is available from Inte

[…truncated; see source link]

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.