Rule2022-25749
Energy Conservation Program: Energy Conservation Standards for Ceiling Fans
Primary source
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Published
November 28, 2022
Effective
November 28, 2022
Issuing agencies
Energy Department
Abstract
The Energy Policy and Conservation Act, as amended ("EPCA"), prescribes energy conservation standards for various consumer products, including ceiling fans. The Energy Act of 2020 amended the energy conservation standards for large-diameter ceiling fans ("LDCFs"). DOE codified these efficiency requirements in a final rule published May 27, 2021. When DOE published the final rule codifying the standards for LDCFs in 2021, DOE's test procedure for LDCFs was applicable only to those ceiling fans with a diameter less than or equal to 24 feet. As a result, DOE could not implement the full scope of LDCF standards set forth in the Energy Act of 2020. In order to remedy this situation, DOE has removed this limit on ceiling fan diameter in the most recent test procedure rulemaking for ceiling fans. As such, DOE is now able to implement in this final rule the full scope of standards for LDCFs set forth in the Energy Act of 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 227 (Monday, November 28, 2022)</title>
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72862-72866]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25749]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2013-BT-TP-0050]
RIN 1904-AD88
Energy Conservation Program: Energy Conservation Standards for
Ceiling Fans
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendment.
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[[Page 72863]]
SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''),
prescribes energy conservation standards for various consumer products,
including ceiling fans. The Energy Act of 2020 amended the energy
conservation standards for large-diameter ceiling fans (``LDCFs''). DOE
codified these efficiency requirements in a final rule published May
27, 2021. When DOE published the final rule codifying the standards for
LDCFs in 2021, DOE's test procedure for LDCFs was applicable only to
those ceiling fans with a diameter less than or equal to 24 feet. As a
result, DOE could not implement the full scope of LDCF standards set
forth in the Energy Act of 2020. In order to remedy this situation, DOE
has removed this limit on ceiling fan diameter in the most recent test
procedure rulemaking for ceiling fans. As such, DOE is now able to
implement in this final rule the full scope of standards for LDCFs set
forth in the Energy Act of 2020.
DATES: The effective date of this rule is November 28, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Email: <a href="/cdn-cgi/l/email-protection#226352524e4b434c41477156434c464350465173574751564b4d4c516247470c464d470c454d54"><span class="__cf_email__" data-cfemail="1d5c6d6d71747c737e784e697c73797c6f796e4c68786e697472736e5d787833797278337a726b">[email protected]</span></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#a3c2cec6cfcac28dd4cbcad7cacdc4e3cbd28dc7ccc68dc4ccd5"><span class="__cf_email__" data-cfemail="e889858d848189c69f80819c81868fa88099c68c878dc68f879e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Clarification of the Scope of the LDCF Standards Established in
the Energy Act of 2020
III. Final Action
IV. Procedural Issues and Regulator Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
V. Approval of the Office of the Secretary
I. Authority and Background
EPCA authorizes DOE to regulate the energy efficiency of a number
of consumer products and certain industrial equipment. Title III, Part
B of EPCA established the Energy Conservation Program for Consumer
Products Other Than Automobiles. 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))
DOE's energy conservation standards and test procedures for ceiling
fans are currently prescribed in the Code of Federal Regulations
(``CFR'') at 10 CFR 430.32(s)(1) and (2), 10 CFR 430.23(w), and 10 CFR
part 430, subpart B, appendix U (``appendix U''), respectively.
The DOE test procedure for ceiling fans was amended in a test
procedure final rule published on July 25, 2016. 81 FR 48619 (``July
2016 Final Rule''). The July 2016 Final Rule defined a large-diameter
ceiling fan (``LDCF'') as ``a ceiling fan that is greater than seven
feet in diameter.''. Id. at 81 FR 48640. In the July 2016 Final Rule,
DOE stated that it was unaware at the time of any commercially
available large-diameter fans with blade spans greater than 24 feet,
and therefore could not confirm that the test procedure would produce
reliable results for fans larger than 24 feet in diameter. 81 FR 48619,
48632. As such, the July 2016 Final Rule established in section 3.4.1
of appendix U that the test procedure was applicable to large-diameter
ceiling fans (``LDCFs'') less than or equal to 24 feet in diameter. Id.
at 81 FR 48643.
On January 19, 2017, DOE issued a final rule establishing energy
conservation standards for the LDCF product class. 82 FR 6826, 6886
(``January 2017 Final Rule''). LDCFs manufactured on or after January
21, 2020, had to meet a minimum efficiency in cubic feet per minute per
watt of 0.91D-30.00, where ``D'' is the ceiling fan's blade span, in
inches. Id.
Section 1008 of the Energy Act of 2020 (the ``Energy Act'') amended
section 325(ff)(6) of EPCA to specify that LDCFs manufactured on or
after January 21, 2020, are not required to meet minimum ceiling fan
efficiency requirements in terms of the total airflow to the total
power consumption, CFM/W, as established in the January 2017 Final
Rule, but instead must meet minimum efficiency requirements based on
the Ceiling Fan Energy Index (``CFEI'') metric. (42 U.S.C.
6295(ff)(6)(C)(i)(I), as codified) The Energy Act requires LDCFs to
have a CFEI greater than or equal to 1.00 at high speed and 1.31 at 40
percent speed or the nearest speed that is not less than 40 percent
speed. (42 U.S.C. 6295(ff)(6)(C)(i)(II), as codified) Further, the
Energy Act specifies that CFEI is to be calculated in accordance with
American National Standards Institute ANSI/Air Movement and Control
Association International, Inc. (``AMCA'') Standard 208-18,
``Calculation of Fan Energy Index,'' with the following modifications:
(I) Using an airflow constant (Q<INF>0</INF>) of 26,500 cubic feet per
minute; (II) Using a pressure constant (P<INF>0</INF>) of 0.0027 inches
water gauge; and (III) Using a fan efficiency constant
([eta]<INF>0</INF>) of 42 percent. (42 U.S.C. 6295(ff)(6)(C)(ii), as
codified) Finally, section 1008(b) of the Energy Act states that for
the purposes of the periodic review requirements in section 325(m) of
EPCA, the standard established in the Energy Act shall be treated as if
such standard was issued on January 19, 2017. The Energy Act did not
restrict application of the referenced industry test procedure or
amended energy conservation standards to LDCFs with diameters less than
24 ft.
On May 27, 2021, DOE published a technical amendment to codify the
amended regulations for LDCFs enacted by Congress through the Energy
Act. 86 FR 28469 (``May 2021 Technical Amendment''). At that time
because the DOE test procedure was limited to ceiling fans with
diameters less than or equal to 24 ft, DOE was unable to implement the
revised energy conservation standards for the full scope of LDCFs set
forth in the Energy Act. In order to remedy this situation, DOE first
published a test procedure final rule on August 16, 2022 (``August 2022
Final Rule''), that extended the scope of the test procedure to include
ceiling fans with a diameter greater than 24 feet. 87 FR 50396. In the
August 2022 Final Rule, DOE explained that nothing inherent to the test
procedure would prevent testing of a ceiling fan greater than 24 feet,
and that the ceiling fan industry trade group had confirmed that the
test facilities used by industry are capable of accommodating ceiling
fans with blade spans substantially larger than 24 feet. Id. at 87 FR
50403. DOE explained in the August 2022 Final Rule that it would
address any potential changes to the scope of standards for LDCFs in a
separate rulemaking. Id. This final rule implements the full scope of
energy conservation standards for LDCFs set forth in the Energy Act of
2020.
[[Page 72864]]
II. Implementation of the Full Scope of Standards for LDCF's set Forth
in the Energy Act of 2020
DOE codified the standards in the Energy Act for LDCFs with
diameters less than or equal to 24 ft in the May 2021 Technical
Amendment. In this final rule, DOE is codifying the full scope of
energy conservation standards set forth in the Energy Act by extending
the current standards for LDCFs to ceiling fans with diameters greater
than 24 ft. Consistent with this implementation, DOE is amending 10 CFR
430.32(s)(2)(ii) to clarify that the energy conservation standards
apply to large-diameter ceiling fans as defined in appendix U. Namely
that large-diameter ceiling fan means ``a ceiling fan that is not a
highly-decorative ceiling fan or belt-driven ceiling fan and has a
represented value of blade span, as determined in 10 CFR
420.32(a)(3)(i), greater than seven feet.''
III. Testing and Enforcement
While this final rule is effective November 28, 2022, DOE is aware
that testing subject to appendix U for LDCFs greater than 24 feet is
not required until February 13, 2023. See 87 FR 50396. As such, DOE is
not requiring compliance with the standards until use of the test
method is required, i.e., February 13, 2023.
IV. Final Action
DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior
notice and an opportunity for public comment on this final rule are
unnecessary. DOE is merely placing in the Code of Federal Regulations
for the benefit of the public energy conservation standards for LDCFs
prescribed by Congress in the Energy Act of 2020. DOE is not exercising
any of the discretionary authority that Congress has provided in EPCA
for the Secretary of Energy to revise, by rule, product or equipment
definitions, test procedures and energy conservation standards. DOE,
therefore, finds that good cause exists to waive prior notice and an
opportunity to comment for this rulemaking. For the same reasons, DOE,
pursuant to 5 U.S.C. 553(d)(3), finds that good cause exists for making
this final rule effective upon publication in the Federal Register.
V. Procedural Issues and Regulator Review
A. Review Under Executive Order 12866
This final rule is not a ``significant regulatory action'' under
any of the criteria set out in section 3(f) of Executive Order 12866,
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject to review by the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003, to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>. DOE is revising the Code of Federal Regulations
to incorporate revised requirements for large-diameter ceiling fans
prescribed by Public Law 116-260 and conforming amendments. Because
this is a technical amendment for which a general notice of proposed
rulemaking is not required, the analytical requirements of the
Regulatory Flexibility Act do not apply to this rulemaking.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of ceiling fans must certify to DOE that their
products comply with any applicable energy conservation standards. 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
Pursuant to the National Environmental Policy Act (``NEPA'') of
1969, DOE has analyzed this proposed action in accordance with NEPA and
DOE's NEPA implementing regulations (10 CFR part 1021). DOE has
determined that this rule qualifies for categorical exclusion under 10
CFR part 1021, subpart D, appendix A5, because it is an interpretive
rulemaking that does not change the environmental effect of the rule
and meets the requirements for application of a categorical exclusion.
See 10 CFR 1021.410. Therefore, DOE has determined that promulgation of
this rule is not a major Federal action significantly affecting the
quality of the human environment within the meaning of NEPA, and does
not require an environmental assessment or environmental impact
statement.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the National Government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the
[[Page 72865]]
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 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. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this Final
rule; technical amendment.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.
[[Page 72866]]
Signing Authority
This document of the Department of Energy was signed on November
21, 2022, Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on November 21, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 430 of
chapter II of title 10, Code of Federal Regulations as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.32 is amended by revising paragraph (s)(2)(ii)
introductory text to read as follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(s) * * *
(2) * * *
(ii) Large-diameter ceiling fans, as defined in appendix U to
subpart B of this part, manufactured on or after January 21, 2020,
shall have a CFEI greater than or equal to -
* * * * *
[FR Doc. 2022-25749 Filed 11-25-22; 8:45 am]
BILLING CODE 6450-01-P
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