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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules meet the definition of LSSD fan are not required to be tested pursuant to the DOE test method; 2 increasing the tolerance for the stability criteria for the average air velocity measurements for LSSD ceiling fans; 3 codifying guidance for calculating several values reported on the FTC EnergyGuide label;
and 4 amending other product-specific represented value, rounding and enforcement provisions.
DOE estimates that some ceiling fan manufacturers would experience a cost from the proposed test procedure amendment, if finalized, 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 proposed test procedure amendment, if finalized, regarding the stability criteria for average air velocity measurements by not having to purchase sensors.
As stated in the previous section, 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 proposed 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 proposed 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 proposed 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 15
HSBD ceiling fan models, four of which are capable of variable speed operation, and one LDBD ceiling fan models. DOE
estimates that the test procedure for belt-driven ceiling fans would cost manufacturers approximately $5,340 per basic model capable of only single speed operation and $6,330 per basic model for multi-speed units to test in accordance to this proposed test procedure, if finalized. Therefore, DOE
estimates that domestic small businesses would incur a one-time cost of approximately $89,400 to conduct testing for the proposed 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 or LDBD ceiling fan range from approximately $79,000 to $16 million.
DOE presents the estimated testing costs and annual revenue for each potential small business in Table IV.1.

TABLE IV.1ESTIMATED TESTING COSTS AND ANNUAL REVENUE FOR EACH SMALL BUSINESS
Number of belt-driven ceiling fan models
Company
Small Small Small Small
Business Business Business Business
1 2
3 4

DOE requests comment on the number of potential small businesses DOE identified; the number of ceiling fan models estimated to be manufactured by these potential small businesses; and the per-model testing costs DOE estimated small businesses may incur to test these identified ceiling fans. Additionally, DOE also requests comment on any other potential costs small businesses may incur due to the proposed amended test procedures, if finalized.

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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 the proposed rule being considered today.
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
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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. 6293b1A DOE has initially determined that the proposed 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 that ceiling fan manufacturers to retest specific LSSD ceiling fans at low speed and expanding the scope of 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 proposed amended test procedures, in terms of both meeting the agencys objectives to accurately measure energy efficiency and reduce burden on manufacturers.
Therefore, DOE is proposing to amend
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$48,060
28,680
6,330
6,330

Estimated annual revenue
Testing costs as a percent of annual revenue
$16,000,000
79,000
1,500,000
97,000

0.3
36.3
0.4
6.5

the existing DOE test procedure for ceiling fans, as proposed in this SNOPR.
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.
6295t Additionally, manufacturers subject to DOEs energy efficiency standards may apply to DOEs Office of Hearings and Appeals for exception relief under certain circumstances.
Manufacturers should refer to 10 CFR
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
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