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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules 6. Significant Alternatives to the Rule 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 Treasury and General Government Appropriations Act, 2001
J. Review Under Executive Order 12630
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration Act of 1974
M. Description of Materials Incorporated by Reference V. Public Participation A. Participation in the Webinar B. Submission of Comments C. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary
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I. Authority and Background DOE is authorized to establish and amend energy conservation standards and test procedures for ceiling fans. 42
U.S.C. 6293b16Ai and B, and 42
U.S.C. 6295ff DOEs 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 32s1 and 2, 10 CFR part 430
section 23w, and 10 CFR part 430
subpart B appendix U Appendix U.
The following sections discuss DOEs authority to establish test procedures for ceiling fans and relevant background information regarding DOEs 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.
62916317 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.
629149, 42 U.S.C. 6293b16Ai and B, and 42 U.S.C. 6295ff 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 1 All
references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

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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 Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: 1 Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA 42
U.S.C. 6295s, and 2 making representations about the efficiency of those consumer products 42 U.S.C.
6293c. Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. 42
U.S.C. 6295s 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. 6297d 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 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 or period of use and not be unduly burdensome to conduct.
42 U.S.C. 6293b3
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. 42 U.S.C. 6295gg2A
Standby mode and off mode energy consumption must be incorporated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product unless the current test procedures already account for and incorporate standby and off mode energy consumption or such integration is technically infeasible. If an integrated test procedure is technically infeasible, DOE must prescribe a separate standby mode and off mode energy use test procedure for the covered product, if technically feasible. 42 U.S.C. 6295gg2A Any
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such amendment must consider the most current versions of the International Electrotechnical Commission IEC Standard 62301 3
and IEC Standard 62087 4 as applicable.
42 U.S.C. 6295gg2A
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.
6293b16Ai 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.
6293b1A
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. 6293b2. 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. 6293b1Aii DOE is publishing this SNOPR pursuant to the 7-year review requirement specified in EPCA.
3 IEC 62301, Household electrical appliances Measurement of standby power Edition 2.0, 2011
01.
4 IEC 62087, Methods of measurement for the power consumption of audio, video, and related equipment Edition 3.0, 201104.

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