Rule2021-17715
Energy Conservation Program: Final Determination of Fans and Blowers as Covered Equipment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 19, 2021
Effective
September 20, 2021
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE") is classifying certain fans and blowers as covered equipment under Part A-1 of Title III of the Energy Policy and Conservation Act, as amended. Accordingly, this document establishes the definition of equipment that is considered fans and blowers.
Full Text
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<title>Federal Register, Volume 86 Issue 158 (Thursday, August 19, 2021)</title>
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[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Pages 46579-46590]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17715]
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Rules and Regulations
Federal Register
________________________________________________________________________
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 /
Rules and Regulations
[[Page 46579]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2011-BT-DET-0045]
RIN 1905-AC55
Energy Conservation Program: Final Determination of Fans and
Blowers as Covered Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; final determination.
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SUMMARY: The U.S. Department of Energy (``DOE'') is classifying certain
fans and blowers as covered equipment under Part A-1 of Title III of
the Energy Policy and Conservation Act, as amended. Accordingly, this
document establishes the definition of equipment that is considered
fans and blowers.
DATES: This final determination is effective September 20, 2021.
ADDRESSES: Docket: The docket, which includes Federal Register notices,
public meeting 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, not all documents listed in the
index may be publicly available, such as information that is exempt
from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2011-BT-DET-0045">www.regulations.gov/docket/EERE-2011-BT-DET-0045</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket.
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#44053434282d252a27211730252a202536203715312137302d2b2a370421216a202b216a232b32"><span class="__cf_email__" data-cfemail="05447575696c646b66605671646b616477617654706076716c6a6b764560602b616a602b626a73">[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. Telephone: (202) 586-2588. Email: <a href="/cdn-cgi/l/email-protection#88c9e5ede4e1e9a6dfe0e1fce1e6efc8e0f9a6ece7eda6efe7fe"><span class="__cf_email__" data-cfemail="9cddf1f9f0f5fdb2cbf4f5e8f5f2fbdcf4edb2f8f3f9b2fbf3ea">[email protected]</span></a>.
For further information on how to review other public comments and
the docket contact the Appliance and Equipment Standards Program staff
at (202) 287-1445 or by email: <a href="/cdn-cgi/l/email-protection#236253534f4a424d40467057424d474251475072564650574a4c4d506346460d474c460d444c55"><span class="__cf_email__" data-cfemail="24655454484d454a47417750454a404556405775514157504d4b4a576441410a404b410a434b52">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Background
II. General Discussion
A. Definition and Scope of Coverage
B. Evaluation of Fans and Blowers as Covered Equipment
1. Energy Consumption in Operation
2. Distribution in Commerce
3. Prior Inclusion as a Covered Product
4. Coverage Necessary To Carry Out the Purposes of Part A-1
C. Final Determination
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the National Environmental Policy Act of 1969
D. Review Under Executive Order 13132
E. Review Under Executive Order 12988
F. Review Under the Unfunded Mandates Reform Act of 1995
G. Review Under the Treasury and General Government
Appropriations Act, 1999
H. Review Under Executive Order 12630
I. Review Under the Treasury and General Government
Appropriations Act, 2001
J. Review Under Executive Order 13211
K. Information Quality
L. Congressional Notification
IV. Approval of the Office of the Secretary
I. Introduction
The following section briefly discusses the statutory authority
underlying this determination, as well as the relevant historical
background to the inclusion of fans and blowers as covered equipment
under the Energy Policy and Conservation Act, as amended (``EPCA'').\1\
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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).
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A. Authority
EPCA 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 C \2\ of EPCA, added by Public Law 95-619, Title
IV, section 441(a) (42 U.S.C. 6311-6317, as codified), established the
Energy Conservation Program for Certain Industrial Equipment, which
sets forth a variety of provisions designed to improve energy
efficiency of certain commercial and industrial equipment (hereafter
referred to as ``covered equipment''). The purpose of Part A-1 is to
improve the efficiency of electric motors and pumps and certain other
industrial equipment in order to conserve the energy resources of the
Nation. (42 U.S.C. 6312(a))
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\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1 and hereafter referred to as Part
A-1.
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EPCA specifies a list of equipment that constitutes covered
equipment.\3\ EPCA also provides that ``covered equipment'' includes
any other type of industrial equipment for which the Secretary of
Energy (``Secretary'') determines inclusion is necessary to carry out
the purpose of Part A-1. (42 U.S.C. 6311(1)(L); 42 U.S.C. 6312(b)) EPCA
specifies the types of equipment that can be classified as industrial
equipment. (42 U.S.C. 6311(2) This equipment includes fans and blowers.
(42 U.S.C. 6311(2)(B)(ii) and (iii)). Industrial equipment must be of a
type that consumes, or is designed to consume, energy in operation; is
distributed in commerce for industrial or commercial use; and is not a
covered product as defined in 42 U.S.C. 6291(a)(2) of EPCA other than a
component of a covered product with respect to which there is in effect
a determination under section 6312(c). (42 U.S.C. 6311(2)(A)).
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\3\ ``Covered equipment'' means one of the following types of
industrial equipment: Electric motors and pumps; small commercial
package air conditioning and heating equipment; large commercial
package air conditioning and heating equipment; very large
commercial package air conditioning and heating equipment;
commercial refrigerators, freezers, and refrigerator-freezers;
automatic commercial ice makers; walk-in coolers and walk-in
freezers; commercial clothes washers; packaged terminal air-
conditioners and packaged terminal heat pumps; warm air furnaces and
packaged boilers; and storage water heaters, instantaneous water
heaters, and unfired hot water storage tanks. (42 U.S.C. 6311(1)(A)-
(K))
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[[Page 46580]]
B. Background
On June 28, 2011, DOE published a notice of proposed determination
of coverage proposing to determine that fans, blowers, and fume hoods
qualify as covered equipment (``June 2011 NOPD''). 76 FR 37678. DOE
noted that there are no statutory definitions for ``fan,'' ``blower,''
or ``fume hood,'' and presented definitions for consideration. 76 FR
37678, 37679.
In the June 2011 NOPD, DOE preliminarily determined that coverage
of fans, blowers, and fume hoods is necessary to carry out the purposes
of Part A-1 because coverage would promote the conservation of energy
supplies. 76 FR 37678, 37680. DOE estimated that technologies exist
which can reduce the electricity consumption of fans and blowers by as
much as 20 percent and that there are technologies and design
strategies for fume hoods that could reduce energy use by 50 percent.
Id. DOE requested comment on the proposed definitions and its
preliminary determination that coverage of fans, blowers, and fume
hoods is necessary to carry out the purposes of Part A-1. 76 FR 37678,
37682.
DOE received seven comments in response to the June 2011 NOPD from
the interested parties listed in Table II-1 of this document.
DOE subsequently published a framework document \4\ detailing an
analytical approach for developing potential energy conservation
standards for commercial and industrial fans and blowers should the
Secretary classify such equipment as covered equipment. 78 FR 7306
(Feb. 1, 2013). In the January 2013 Framework Document, DOE also
requested feedback from interested parties generally on issues related
to test methods for evaluating the energy efficiency of commercial and
industrial fans and blowers (January 2013 Framework Document at pp. 16-
25).
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\4\ Energy Conservation Standards Rulemaking Framework for
Commercial and Industrial Fans and Blowers (``January 2013 Framework
Document'') is included in Docket EERE-2013-BT-STD-0006 and
available at <a href="http://www.regulations.gov/document?D=EERE-2013-BT-STD-0006-0001">www.regulations.gov/document?D=EERE-2013-BT-STD-0006-0001</a>.
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In the January 2013 Framework Document DOE determined that it lacks
authority to establish energy conservation standards for fume hoods
because fume hoods are not listed as a type of equipment for which DOE
could establish standards (January 2013 Framework Document at p. 15).
DOE acknowledged that the fan that provides ventilation for the fume
hood consumes the largest portion of energy within the fume hood
system, and that DOE planned to cover all commercial and industrial fan
types, which includes fans used to ventilate fume hoods. Id.
On December 10, 2014, DOE published a notice of data availability
that presented a provisional analysis estimating the economic impacts
and energy savings from potential energy conservation standards for
certain fans and blowers. 79 FR 73246.
On April 1, 2015, DOE published a notice of intent to establish a
negotiated rulemaking working group under the Appliance Standards and
Rulemaking Federal Advisory Committee (hereafter referred to as the
``Working Group'') to negotiate proposed definitions, and, as
applicable, certain aspects of a proposed test procedure and proposed
energy conservation standards for fans and blowers. 80 FR 17359. On May
1, 2015, DOE published a second notice of data availability of a
revised provisional analysis of the potential economic impacts and
energy savings that could result from promulgating an energy
conservation standard for commercial and industrial fans and blowers.
80 FR 24841 (``May 2015 NODA'').
The Working Group \5\ negotiations comprised 16 meetings and three
webinars and covered scope, metrics, test procedures, and energy
conservation standard levels for fans and blowers.\6\ The Working Group
concluded its negotiations on September 3, 2015, and approved by
consensus vote \7\ a term sheet containing recommendations for DOE on
scope, energy conservation standards, and a test procedure for the
subject industrial equipment. The term sheet containing the Working
Group recommendations is available in the commercial and industrial
fans and blowers energy conservation standard rulemaking docket.
(Docket No. EERE-2013-BT-STD-0006, No. 179) ASRAC approved the term
sheet on September 24, 2015. (Docket No. EERE-2013-BT-NOC-0005; Public
Meeting Transcript, No. 58, at p. 29) On November 1, 2016, DOE
published a third notice of data availability (``November 2016 NODA'')
that presented a revised analysis based on the scope and metric
recommendations of the term sheet. 81 FR 75742.
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\5\ The Working Group was comprised of representatives from
AAON, Inc.; AcoustiFLO LLC; AGS Consulting LLC; AMCA; AHRI,
Appliance Standards Awareness Project; Berner International Corp;
Buffalo Air Handling Company; Carnes Company; Daikin/Goodman; ebm-
papst; Greenheck; Morrison Products; Natural Resources Defense
Council; Newcomb & Boyd; Northwest Energy Efficiency Alliance; CA
IOUs; Regal Beloit Corporation; Rheem Manufacturing Company; Smiley
Engineering LLC representing Ingersoll Rand/Trane; SPX Cooling
Technologies/CTI; The New York Blower Company; Twin City Companies,
Ltd; U.S. Department of Energy; and United Technologies/Carrier
\6\ Details of the negotiation sessions can be found in the
public meeting transcripts that are posted to the docket for the
energy conservation standard rulemaking at: <a href="http://www.regulations.gov/docket?D=EERE-2013-BT-STD-0006">www.regulations.gov/docket?D=EERE-2013-BT-STD-0006</a>.
\7\ At the beginning of the negotiated rulemaking process, the
Working Group defined that before any vote could occur, the Working
Group must establish a quorum of at least 20 of the 25 members and
defined consensus as an agreement with less than 4 negative votes.
Twenty voting members of the Working Group were present for this
vote. Two members (Air-Conditioning, Heating, and Refrigeration
Institute and Ingersoll Rand/Trane) voted no on the term sheet.
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On January 10, 2020, DOE received a petition from the Air Movement
and Control Association, International (``AMCA''), Air Conditioning
Contractors of America, and Sheet Metal & Air Conditioning Contractors
of America requesting that DOE establish a Federal test procedure for
certain categories of fans based on an upcoming industry test method,
AMCA Standard 214, ``Test Procedure for Calculating Fan Energy Index
(FEI) for Commercial and Industrial Fans and Blowers'' DOE published a
notice of petition and request for public comment (``April 2020 Notice
of Petition''). 85 FR 22677 (Apr. 23, 2020). AMCA, Air Conditioning
Contractors of America, and Sheet Metal & Air Conditioning Contractors
have since withdrawn their petition (AMCA, No.12, at p. 1).\8\
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\8\ The parenthetical reference provides a reference for
information located in DOE Docket No. EERE-2011-BT-DET-0045. The
references are arranged as follows: (Commenter name, comment docket
ID number, page of that document). If one comment was submitted with
multiple attachments, the references are arranged as follows:
(Commenter name, comment docket ID number, attachment number, page
of that document). The attachment number corresponds to the order in
which the attachment appears in the docket. If the information was
submitted to a different DOE docket, the DOE Docket number is
additionally specified in the reference.
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In preparation for this notice, on May 10, 2021, DOE published a
request for information requesting comments on a potential fan or
blower definition. 86 FR 24752 (``May 2021 RFI'').
On February 14, 2020, DOE published in the Federal Register a final
rule which updated the procedures, interpretations, and policies that
DOE will follow in the consideration and promulgation of new or revised
appliance energy conservation standards and test procedures under EPCA.
85 FR 8626; see also 10 CFR part 430, subpart C, appendix A (i.e.,
``Process Rule''). The updated Process Rule establishes the process DOE
must follow when undertaking a determination of whether industrial
equipment should be covered under EPCA. Section 5 of the Process Rule.
[[Page 46581]]
Pursuant to the updated Process Rule, if DOE determines to initiate the
coverage determination process, it will first publish a notice of
proposed determination, providing an opportunity for public comment of
not less than 60 days, in which DOE will explain how coverage of the
equipment type that it seeks to designate as ``covered'' is
``necessary'' to carry out the purposes of EPCA. Section 5(b) of the
Process Rule. DOE will publish its final decision on coverage as a
separate notice, an action that will be completed prior to the
initiation of any test procedure or energy conservation standards
rulemaking (i.e., DOE will not issue any requests for information,
notices of data availability, or any other mechanism to gather
information for the purpose of initiating a rulemaking to establish a
test procedure or energy conservation standard for the proposed covered
equipment prior to finalization of the coverage determination). Section
5(c) of the Process Rule.
Because this coverage determination was already in progress at the
time the revised Process Rule was published, DOE is applying those
provisions moving forward (i.e., rather than reinitiating the entire
rulemaking process). To date, DOE has not proposed test procedures or
energy conservation standards for fans and blowers.
II. General Discussion
DOE developed this determination after considering comments, data,
and information from interested parties that represent a variety of
interests. Table II-1 lists the interested parties that have provided
comments on the January 2013 Framework,\9\ June 2011 NOPD, April 2020
Notice of Petition,\10\ and May 2021 RFI relevant to the coverage
determination.
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\9\ DOE Docket No. EERE-2013-BT-STD-0006.
\10\ DOE Docket No. EERE-2020-BT-PET-0003.
Table II-1--January 2013 Framework, June 2011 NOPD, April 2020 Notice of Petition, and May 2021 RFI Written Comments
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April 2020
Organization(s) Reference in this NOPR Organization type January 2013 June 2011 notice of May 2021
framework NOPD petition RFI
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Air Movement and Control AMCA............................. Trade Association............... ............ X ............ X
Association International.
Air-Conditioning, Heating, and AHRI............................. Trade Association............... X X X X
Refrigeration Institute.
Appliance Standards Awareness Efficiency Advocates............. Efficiency Organizations........ ............ X ............ ..........
Project, American Council for
an Energy-Efficient Economy,
National Consumer Law Center,
and Natural Resources Defense
Council.
Appliance Standards Awareness ASAP/NRDC........................ Efficiency Organization......... ............ .......... ............ X
Project/National Research
Defense Council.
Appliance Standards Awareness ACEEE et al...................... Efficiency Organization......... X .......... ............ ..........
Project, Northwest Energy
Efficiency Alliance, Natural
Resources Defense Council, and
Alliance to Save Energy.
China World Trade Organization, China WTO/TBT.................... Government Entity............... ............ X ............ ..........
Technical Barriers to Trade
National Notification and
Enquiry Center.
Cooling Technology Institute... CTI.............................. Trade Association............... ............ .......... ............ X
Daikin Applied................. Daikin........................... Manufacturer.................... ............ .......... X ..........
Ebm-papst Inc.................. Ebm-papst........................ Manufacturer.................... X X ............ X
Edison Electric Institute...... EEI.............................. Utility......................... X .......... ............ ..........
Greenheck Group................ Greenheck........................ Manufacturer.................... ............ .......... ............ X
Ingersoll Rand/Trane........... Ingersoll Rand/Trane............. Manufacturer.................... X .......... ............ ..........
Johnson Controls............... Johnson Controls................. Manufacturer.................... ............ .......... X ..........
Lennox International Inc....... Lennox........................... Manufacturer.................... X .......... X ..........
Marley Engineered Products LLC. MEP.............................. Manufacturer.................... ............ .......... ............ X
Morrison Products Inc.......... Morrison Products................ Manufacturer.................... X .......... ............ ..........
Northwest Energy Efficiency NEEA............................. Efficiency Organizations........ ............ X ............ ..........
Alliance.
Pacific Gas and Electric PG&E, SCE, SDG&E................. Utility......................... ............ .......... ............ X
Company, Southern California
Edison, San Diego Gas and
Electric Company.
Pacific Gas and Electric CA IOUs.......................... Utility......................... X X ............ ..........
Company, San Diego Gas and
Electric, Southern California
Gas Company, and Southern
California Edison.
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The comments received specific to the fan and blower definition,
fan and blower coverage, and DOE's decision regarding a definition and
coverage for fans and blowers are discussed in the paragraphs that
follow. However, DOE does not reference or respond to comments made by
interested parties regarding issues that are outside the scope of this
final determination (e.g., comments related to potential energy
conservation standards and test procedures). The comments from
interested parties and term sheet recommendations related to the test
procedures and energy conservation standards will be addressed
separately as part of any potential rulemaking for establishing test
procedures and energy conservation standards for fans and blowers.
Further, comments related to fume hoods are not discussed in this final
determination as DOE has determined it does not have the statutory
authority to include fume hoods as covered equipment.
A. Definition and Scope of Coverage
Although EPCA lists fans and blowers as types of equipment that may
be defined as industrial equipment, these terms are not defined. (See
42 U.S.C. 6311(2)(B)(ii) and (iii)) As noted, DOE proposed definitions
for ``fan'' and ``blower'' in the June 2011 NOPD.\11\ 76
[[Page 46582]]
FR 37678, 37679. Specifically, DOE proposed the following definitions:
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\11\ DOE also proposed a definition of ``fume hood,'' but as
discussed DOE has determined it does not have statutory authority to
include fume hoods as covered equipment.
A fan is an electrically powered device used in commercial or
industrial systems to provide a continuous flow of a gas, typically
air, for ventilation, circulation, or other industrial process
requirements. Fans are classified as axial or centrifugal. Axial
fans move an airstream along the axis of the fan. Centrifugal fans
generate airflow by accelerating the airstream radially. A fan may
include some or all of the following components: motor and motor
controls, rotor or fan blades, and transmission and housing.
A blower is a type of centrifugal fan.
Id.
In response to the June 2011 NOPD, the CA IOUs encouraged DOE to
consult test procedures of AMCA, American Society of Heating,
Refrigeration and Air-Conditioning Engineers (``ASHRAE''), and National
Fire Protection Association, as well as any other test procedures that
may be relevant to this rulemaking. They also encouraged DOE to develop
a more robust definition for blowers suggesting that fans and blowers
are differentiated by the method used to move the air and by the system
pressure they must operate against. The CA IOUs recommended DOE rely on
specific ratios of the discharge pressure over the suction pressure, to
define fans and blowers. The CA IOUs also urged DOE to ensure that the
definitions for fans do not overlap with residential air handlers or
commercial packaged air conditioning units. (CA IOUs, No. 6, at pp. 3-
5).
In response to the June 2011 NOPD, NEEA asked whether the proposed
definition of ``fan'' included mixed flow fans which have aspects of
both an axial and centrifugal fan, citing a tubular centrifugal fan as
an example of this type of fan. NEEA also asked whether the proposed
definition of ``blower'' would include mixed flow blowers that have
aspects of both an axial and centrifugal fan and are frequently used
for laboratory exhaust applications. (NEEA, No. 5, at p. 1-2). The
Efficiency advocates encouraged DOE to cover mixed flow fans
(Efficiency advocates, No. 4, at p. 3).
In response to the June 2011 NOPD, AMCA commented generally that
the proposed definitions of fans and blowers were not consistent with
the established fan industry definitions and recommended that DOE adopt
the relevant industry standards (AMCA, No. 7, at p. 3).
Taking into consideration the comments received to the June 2011
NOPD, in the January 2013 Framework Document, DOE considered the
following definitions for ``fan'' and ``blower:''
Commercial/Industrial Fan: A device used in commercial or
industrial systems to provide a continuous flow of a gas, typically
air, by an impeller fit to a shaft and bearing(s). A fan may be
manufactured with or without a housing component.
Blower: An axial or centrifugal fan with a specific ratio
between 1.11 and 1.20.
(January 2013 Framework Document at pp. 7 and 9)
DOE also acknowledged that the terms ``fan'' and ``blower'' are
used interchangeably by the industry. (January 2013 Framework Document
at p. 9)
In response to the January 2013 Framework Document, the CA IOUs
commented that AMCA 99-10, ``Standards Handbook'' \12\ included a fan
definition and that the American Society of Mechanical Engineers
(``ASME'') relied on specific ratios of the total pressure at the
outlet of the equipment over the total inlet pressure to distinguish
between fans, blowers, and compressors. The CA IOUs commented that DOE
should ensure the definitions for fans, blowers, and compressors \13\
are aligned to prevent any loopholes. (Docket No. EERE-2013-BT-STD-
0006; CA IOUs, No. 11, at p. 3) Morrison Products commented that while
the industry used the terms fan and blower interchangeably, they
recommend using the ASME terminology. (Docket No. EERE-2013-BT-STD-
0006; Morrison Products, No. 15, at p. 5) AMCA commented that the terms
fan and blower were used interchangeably and suggested a definition for
the term fan.\14\ (Docket No. EERE-2013-BT-STD-0006; AMCA, No. 19, at
pp. 4, 43) The American Council for an Energy-Efficient Economy and
other efficiency organizations \15\ (``ACEEE, et al.'') commented in
support of establishing a broad definition for fans and then specify
which fans should be excluded from coverage, as this approach is more
administrable and less subject to unintended loopholes. ACEE, et al.
also commented that the a distinction between fans, blowers, and
compressors has not been established. (Docket No. EERE-2013-BT-STD-
0006; ACEEE, et al.; No. 25, at p. 3) In response to the January 2013
Framework Document, ebm-papst commented that the terms ``commercial''
and ``industrial'' would require further clarification and that a fan
definition should rely on physical features (e.g., size, performance,
construction). Ebm-papst noted that in Europe, an impeller fitted to a
shaft and bearing is not considered a ``fan''. Rather the entity that
combines the impeller with an electric motor is considered the fan
manufacturer. (Docket No. EERE-2013-BT-STD-0006; emb-papst, No. 20, at
p. 6) Emb-papst added a fan description from the European Ventilation
Industry Association which describes a fans as: ``A fan is a
combination of an impeller(s) and motor. It may also include a housing,
mechanical drive and a variable speed drive.'' (Docket No. EERE-2013-
BT-STD-0006; emb-papst, No. 20, at p. 8)
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\12\ ANSI/AMCA Standard 99-10: Standards Handbook. Available at
<a href="http://www.amca.org">www.amca.org</a>.
\13\ Fans and compressors are equipment used to move amounts of
gas (generally air). A fan moves gas with a low increase in pressure
while a compressor moves gas with a high increase in pressure. DOE
established a definition of compressor as follows: A machine or
apparatus that converts different types of energy into the potential
energy of gas pressure for displacement and compression of gaseous
media to any higher pressure values above atmospheric pressure and
has a pressure ratio at full-load operating pressure greater than
1.3. See 10 CFR 431.342.
\14\ AMCA recommended defining fan as a rotary bladed machine
designed to convert mechanical power to air power in order to
maintain continuous flow from the inlet(s) to outlet(s). Energy
output is limited to 25 kJ/kg of air. A fan contains the following
basic components: (a) Impeller(s): Rotary bladed aerodynamic
component responsible for the total energy increase of the airstream
delivered by the fan; (b) Fan Structure: Any integral component(s)
necessary to support the impeller, alter(s) the energy-composition
of the airstream, or direct(s) flow into or out of the impeller.
These components must be present when testing to develop performance
ratings of the fan; (c) Inlet: Surface(s) bounded by a portion of
the fan structure across which air enters the fan; (d) Outlet:
Surface(s) bounded by a portion of the fan structure from which air
exits the fan. (Docket No. EERE-2013-BT-STD-0006; AMCA, No. 19, at
p. 43)
\15\ Appliance Standards Awareness Project, Northwest Energy
Efficiency Alliance, Natural Resources Defense Council, and Alliance
to Save Energy.
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Consistent with DOE's acknowledgement, the Working Group commented
that the terms ``fan'' and ``blower'' are used interchangeably in the
U.S. market and suggested eliminating the term ``blower'' to avoid
potential confusion. (Docket No. EERE-2013-BT-STD-0006; Public Meeting
Presentation, No. 106, at p. 47) To the extent that a blower would meet
the criteria in the proposed definition, it is a fan. As such, DOE is
not considering further a separate definition for ``blower.''
DOE reviewed existing industry standards to compare how industry
standards define the terms fan and blower and distinguish this
equipment from compressors. AMCA 99-10 \16\ includes an energy limit of
25 kilojoule
[[Page 46583]]
(``kJ'')/kilogram (``kg'') of air \17\ in its fan definition. As
discussed, the specific ratio is often used to separate fans (specific
ratio less than or equal to 1.11), blowers (specific ratio greater than
1.11 and less than or equal to 1.20), and compressors (specific ratio
greater than 1.20), however, ASME states that this distinction in
common practice is imprecise.\18\ The ISO 13349:2010, ``Fans--
Vocabulary and definitions of categories'' \19\ defines fans based on a
maximum energy limit of 25 kJ/kg of air and indicates that this is
equivalent to a specific ratio of 1.3. DOE presented this information
to the Working Group. (Docket No. EERE-2013-BT-STD-0006; Public Meeting
Presentation, No. 106, at p. 47). Subsequently, the Working Group
developed a draft definition of fan as follows: ``a rotary bladed
machine used to convert power to air power with an energy output
limited to 25 kJ/kg of air; typically consisting of an impeller, a
shaft, bearings, a structure or housing, transmission, driver, and
control if included by the manufacturer at the time of sale''. The
Working Group noted that this definition was still a work in progress
and that AMCA would consult its technical committee to confirm the
value used to characterize the energy output limit (Docket No. EERE-
2013-BT-STD-0006; Public Meeting Presentation, No. 106, at pp. 45, 47).
---------------------------------------------------------------------------
\16\ ANSI/AMCA Standard 99-10: Standards Handbook. Available at
<a href="http://www.amca.org">www.amca.org</a>.
\17\ This value characterizes the increase in pressure of the
air being moved by the fan. An energy output of 25 kJ/kg is
equivalent to a pressure ratio of 1.3. For an air density of 1.2 kg/
m\3\, the fan pressure is 1.2 x 25 kJ/kg, i.e., 30 kPa, and the
pressure ratio is calculated as (100+30)/100 = 1.30 (where
atmospheric pressure = 100 kPa).
\18\ ASME PTC 11-2008 Standard: Fans. Available at <a href="http://www.asme.org">www.asme.org</a>.
\19\ ISO 13349:2010 Fans--Vocabulary and definitions of
categories. Available at <a href="http://www.iso.org">www.iso.org</a>.
---------------------------------------------------------------------------
Subsequently, AMCA's fan technical committee commented in support
of the Working Group's definition. (Docket No. EERE-2013-BT-STD-0006;
AMCA, No. 74, at p. 1) This definition was later included as a draft
working definition in a draft term sheet with some modifications as
follows: ``a rotary bladed machine used to convert power to air power,
with an energy output limited to 25 kJ/kg of air, consisting of an
impeller, a shaft, bearings, and a structure or housing; and includes
any transmissions, driver, and/or controls if integrated, assembled, or
packaged by the manufacturer at the time of sale.'' (Docket No. EERE-
2013-BT-STD-0006; Draft Term Sheet, No. 143 at p. 1) The approved term
sheet did not include a recommended definition of ``fan,'' as the
definition established by the Working Group was still considered a
draft definition at the time. (Docket No. EERE-2013-BT-STD-0006; Public
Meeting Transcript, No. 165 at p. 76) Ingersoll Rand/Trane, commented
in support of the fan definition as drafted by the Working Group
(Docket No. EERE-2013-BT-STD-0006; Ingersoll Rand/Trane, No. 153 at p.
6).
A recent industry test procedure, AMCA 214-21,\20\ includes a
definition similar to that drafted by the Working Group. AMCA 214-21
defines a fan as follows: ``a rotary bladed machine used to convert
electrical or mechanical power to air power, with an energy output
limited to 25 kJ/kg of air. It consists of an impeller, a shaft and
bearings and/or driver to support the impeller, as well as a structure
or housing. A fan may include a transmission, driver, and/or motor
controller.''
---------------------------------------------------------------------------
\20\ ANSI/AMCA 214-21, Test Procedure for Calculating Fan Energy
Index (FEI) for Commercial and Industrial Fans and Blowers. (``AMCA
214-21'')
---------------------------------------------------------------------------
In the May 2021 RFI, DOE requested comments on this definition and
the potential addition of the descriptor ``commercial and industrial''
with the term ``fan'' to clarify that the subject fans are industrial
equipment and that the term excludes ceiling fans and furnace fans,
both covered products defined at 10 CFR 430.2. In the May 2021 RFI, DOE
also initially determined that the terms ``fan'' and ``blower'' can be
used interchangeably. 86 FR 24752, 24754.
In response to the May 2021 RFI, ASAP/NRDC supported the adoption
of the AMCA 214-21 definition of fan as the definition for commercial
and industrial fans. (ASAP/NRDC, No. 14, at p. 1) PG&E, SCE, SDG&E also
commented in support of this definition. In addition, PG&E, SCE, SDG&E
commented that the AMCA 214-21 fan definition included an energy output
limit of 25 kJ/kg of air which is appropriate to distinguish a fan from
a compressor (PG&E, SCE, SDG&E, No. 17, at pp. 1-2). Further, PG&E,
SCE, SDG&E noted that the definition for fans in AMCA 214-21 includes
the option (but not the requirement) for a motor controller and is not
specific to electrically-driven equipment. PG&E, SCE, SDG&E, also noted
that the definition does not specify a fan flow angle and includes
centrifugal, axial, and mixed-flow blade orientations (i.e., what are
commonly referred to as ``blowers''). (PG&E, SCE, SDG&E, No. 17, at p.
2). AMCA, Greenheck, and ebm-papst supported the definition of fan in
AMCA 214-21 and further verified that they consider the terms ``fan''
and ``blower'' to be interchangeable (AMCA, No. 12, at p. 3; ebm-papst,
No. 19, at p. 1; Greenheck, No. 18, at p. 1). AMCA also supported DOE's
position that the definition of compressor in the compressor regulation
sufficed to differentiate fans from compressors. (AMCA, No. 12, at p.
3) Ebm-papst stated that limiting the energy output to 25 kJ/kg of air
on the fan definition is appropriate to distinguish a fan from a
compressor (ebm-papst, No. 19, at p. 1). In addition, AMCA commented
that fans that use steam, combustion, or drivers other than electric
motors suitable to be powered by the electricity ``grid'' should be
exempted from any future DOE regulation. (AMCA, No. 12, at p. 2)
DOE is establishing a definition for fan or blower, which provides
the scope of coverage of the final determination, and is identical to
the definition of ``fan'' in AMCA 214-21. DOE has determined that the
terms ``fan'' and ``blower'' are used interchangeably in the U.S.
market and therefore applies the same definition to the terms ``fan''
and ``blower'' (also referred to collectively as ``fan'' in the
remainder of this final determination).
DOE notes that the maximum energy limit of 25 kJ/kg of air is
equivalent to a pressure ratio of 1.3.\21\ The value of 1.3 matches the
pressure ratio used in the definition of compressor at 10 CFR 431.342.
Based on the comments from interested parties and on the existing DOE
definition of ``compressor,'' DOE concludes that the maximum fan energy
limit of 25 kJ/kg is appropriate to distinguish fans from compressors
and is adopting this upper limit in the definition.
---------------------------------------------------------------------------
\21\ For an air density of 1.2 kg/m\3\, the fan pressure is 1.2
x 25 kJ/kg, i.e., 30 kPa, and the pressure ratio is calculated as
(100 + 30)/100 = 1.30 (where atmospheric pressure = 100 kPa).
---------------------------------------------------------------------------
With regard to the criterion that a fan must convert ``electrical
and mechanical power into air power,'' fans that are powered by an
engine or any other driver would meet this criterion as the engine or
other driver would be providing mechanical power that is converted into
air power. Inclusion of the term ``mechanical'' covers fans that are
sold without an electric motor or other driver and which convert
mechanical power into airpower.
In response to the May 2021 RFI, Ebm-papst agreed that the ``fan''
definition in AMCA 214-21 is appropriate for the coverage determination
and commented that the ``commercial and industrial fan'' definition, as
based on the AMCA 214-21 fan definition, should include circulating
fans that are not ceiling fans as defined at 10 CFR 430.2. (ebm-papst,
[[Page 46584]]
No. 19, at p. 1) PG&E, SCE, SDG&E commented that including the terms
``commercial and industrial'' with ``fan'' would limit confusion with
residential products, i.e., circulating fans and furnace fans. (PG&E,
SCE, SDG&E, No. 17, at p. 2) CTI generally supported the adoption of
the AMCA 214-21 definition of fan as the definition for commercial and
industrial fans but asserted that the definition was unclear as to
which fans would fall within DOE's scope of coverage. CTI explained
that they were neutral on the term ``commercial and industrial'' to
further describe fans, but expressed concern with the fans that could
fall under such descriptor. In addition, CTI expressed concerns that
embedded fans were not explicitly excluded from the scope of AMCA 214-
21, only its foreword, and thought that embedded fans should be
specifically excluded from the scope of AMCA 214-21. (CTI, No. 13, pp.
1-2) AMCA recommended that ceiling fans and furnace fans be explicitly
excluded from the scope of any potential DOE regulation because of the
existing regulations of those products. (AMCA, No. 12, at p. 3)
While generally supporting use of the AMCA 214-21 definition as the
DOE definition for ``fan'', AHRI expressed that ``commercial and
industrial'' had a ``special meaning'' not identical to the 214-21
definition of fan and that hat required further elaboration by DOE.
AHRI recommended that the definition for ``commercial and industrial
fan'' needs to make clear that fans within scope are industrial
equipment, including commercial fans per 42 U.S.C. 6311(2), and exclude
ceiling fans, furnace fans, and fans embedded in other consumer
products. (AHRI, No. 16.2, at p. 2). AHRI also suggested a definition
for ``commercial and industrial fans'' that would exclude equipment
that utilizes single-phase electricity and exclude equipment with a
rated fan shaft power less than or equal to 1 hp (or fan electrical
input power above 0.89 kilowatts), and listed specific equipment
categories containing fans for which AHRI recommends exclusions (AHRI,
No. 16.1, at p. 1; 16.2, at pp. 2, 3). AHRI asserted that collectively
these exclusions would be consistent with the scope of the AMCA 214-21
test procedure, the scope of the test procedure as recommended in the
petition presented in the April 2020 Notice of Petition, and the scope
of the test procedure and energy conservation standards as recommended
by the Working Group. AHRI also expressed concern that manufacturers of
DOE regulated equipment that contain commercial and industrial fans
would be subject to double regulations. (AHRI, No. 16.2, at p. 3). Ebm-
pabst, while stating its support of the AMCA 214-21 ``fan'' definition
for use in DOE's coverage determination, also suggested that furnace
fans and ceiling fans, as defined in 10 CFR 430.2, should be
specifically excluded in the ``commercial and industrial fan''
definition and commented that fans operating at three-phase or rated at
greater than 127 volts would typically be considered as commercial and
industrial fans (ebm-papst, No. 19, at p.1). MEP recommended that the
definition for a commercial and industrial fan should include a
requirement for polyphase electric current with a fan shaft power
greater than 3 hp, to avoid including ``residential fans'' in
regulations. (MEP, No. 15, at p. 1). AMCA commented that the scope of
any potential DOE regulation should be based on a lower shaft power
limit of 1 horsepower to align with ASHRAE 90.1-2019 and the 2021
International Energy Conservation Code. (AMCA, No.12, at p. 3)
While generally supporting use of the AMCA 214-21 definition as the
DOE definition for ``fan'', Greenheck recommended establishing a
separate definition for fans that are embedded in a manufactured
assembly where the assembly includes functions other than air movement
require further definition that considers the utility, function and
overall energy consumption and efficiency of the manufactured assembly.
(Greenheck, No. 18, p. 1) MEP also recommended that DOE establish a
separate definition for embedded fans as provided by AMCA 214-21 and to
make clear that embedded fans are not included in the definition of
``fans.'' (MEP, No. 15, at p. 1) CTI commented that the majority of fan
energy savings derive from standalone fans as opposed to embedded fans.
CTI commented that an exemption for fans used in heat rejection
equipment is appropriate because the overall performance of the heat
rejection equipment is the key metric and not the performance of the
individual fan component. (CTI, No. 13, at p. 2)
In response to the April 2020 Notice of Petition, DOE received a
number of comments relevant to the scope of the determination. AHRI
commented that DOE should initiate a new coverage determination process
and that the final scope of coverage should be limited to stand-alone
fans. AHRI commented that HVACR and water heating equipment is built,
tested, rated, and certified as a completed design; and that modifying
a component, including fans, would change the performance of the
equipment. AHRI commented that energy conservation standards could
create a safety issue for replacement fans in equipment to the extent
that compliance with safety and performance standards could be affected
by a change in the fan performance. (Docket No. EERE-2020-BT-PET-0003;
AHRI, No. 14 at p. 3) \22\ Daikin commented in support of AHRI's
comment. (Docket No. EERE-2020-BT-PET-0003; Daikin, No. 8 at p. 1)
Lennox similarly opposed regulating fans that are components of HVACR
equipment. (Docket No. EERE-2020-BT-PET-0003; Lennox, No. 5 at pp. 2-3)
---------------------------------------------------------------------------
\22\ As previously discussed, AHRI repeated these arguments in
response to the May 2021 RFI.
---------------------------------------------------------------------------
In response to the April 2020 Notice of Petition, Johnson Controls
commented in support of initiating a coverage determination for
commercial and industrial fans and blower products within the same
scope and noted exemptions of the petition by AMCA, the Air
Conditioning Contractors of America, and the Sheet Metal & Air
Conditioning Contractors of America. Johnson Controls commented that
they strongly oppose any regulatory measures aimed at fans that are
components of heating, ventilation, and air conditioning (``HVAC'')
equipment where the primary purpose of the equipment is to heat or cool
a space, and for which there are already well-established equipment-
level energy efficiency. (Docket No. EERE-2020-BT-PET-0003; Johnson
Controls, No. 10 at p. 1)
In this final rule, DOE is no longer including the description
``commercial and industrial'' with the term ``fan'', since DOE has
determined that this language is redundant, given the statutory
definition of ``industrial equipment'' in 42 U.S.C. 6311(2). In
addition, as noted above, comments also raised questions as to whether
including ``commercial and industrial'' would provide more clarity or
provoke more uncertainty. The definition of ``industrial equipment''
explicitly excludes covered products, other than a component of a
covered product. (42 U.S.C. 6311(2)(A)(iii)) Therefore, the inclusion
of ``commercial and industrial'' is not necessary to clarify the
exclusion of ceiling fans and furnace fans, both covered products
defined at 10 CFR 430.2.
While fans would typically operate on three-phase power and not on
single-phase power, this criterion does not necessarily distinguish a
fan as industrial equipment, because some
[[Page 46585]]
fans are sold without a motor (making it impossible to determine
whether they would be operated on single-phase or three-phase power)
and some fans could potentially be operated with either a three-phase
or single-phase motor. As such, DOE is not including a phase criterion
as part of the definition since it does not sufficiently distinguish a
fan as industrial equipment.
Further, while larger fans (i.e., fans with higher fan shaft input
power) are typically used in commercial and industrial applications,
some with lower fan shaft input power are also used in smaller
commercial and industrial applications. Because nothing would formally
prevent the use of a fan with a lower shaft input power in commercial
and industrial applications, DOE is not using shaft input power in
defining fans and finds the definition as-is will provide sufficient
demarcation between industrial equipment and consumer products. DOE may
consider fan shaft power when establishing the scope for potential fan
test procedures and energy conservation standards.
Commenters raised concerns that including embedded fans would
produce overlapping standards and create multiple standard cycles, and
questioned how DOE would evaluate performance of embedded fans that
work as a component of a system. As discussed, the statutory definition
of ``industrial equipment'' generally excludes covered products, but
does not exclude the component of covered products. EPCA explicitly
provides that industrial equipment can be a component of a covered
product if the Secretary determines in a rule that such equipment is to
a significant extent, distributed in commerce other than as component
parts for consumer products and such equipment otherwise meets the
definition of industrial equipment. (42 U.S.C. 6311(2)(A)(iii); 42
U.S.C. 6312(c)) While some fans that meet the definition of ``fan'' as
defined in this Final Determination may be component parts of consumer
products, not all fans as defined are such. Therefore, whether a fan is
embedded is not a criterion that can be reliably used to identify
``fans''.
While some commenters recommended specific exclusions from the fan
definition, as stated and discussed in detail in section II.B, DOE has
determined that fans as defined in this final determination and without
further exclusions qualify as ``covered equipment'' under part A-1 of
Title III of EPCA. (See 42 U.S.C. 6311(2)(A) and 42 U.S.C. 6312(b))
This final determination does not establish test procedures or energy
conservation standards for fans. In evaluating potential test
procedures and energy conservation standards, DOE will consider the
extent to which any such test procedures or standards are appropriate
and justified for specific fans.
Based on the foregoing discussion, DOE is establishing the term
``fan'' to mean a rotary bladed machine used to convert electrical or
mechanical power to air power, with an energy output limited to 25
kilojoule (kJ)/kilogram (kg) of air. It consists of an impeller, a
shaft, and bearings and/or driver to support the impeller, as well as a
structure or housing. A fan may include a transmission, driver, and/or
motor controller. DOE is applying the same definition to the term
``blower''.
B. Evaluation of Fans and Blowers as Covered Equipment
As stated previously and discussed in detail in the following
paragraphs, DOE has determined that fans (i.e., fans and blowers) meet
the criteria for inclusion as ``covered equipment.'' (See 42 U.S.C.
6311(2)(A) and 42 U.S.C. 6312(b))
In response to the April 2020 Notice of Petition, AHRI commented
that any final coverage determination that would rely on the analysis
performed during the ASRAC process would not be appropriate given
concerns related to the fan performance data used which was not
certified performance data and was not confirmed to be reflective of
fans that are components of HVACR and water heating equipment. (Docket
No. EERE-2020-BT-PET-0003; AHRI, No. 14 at p. 3) Lennox commented that
the June 2011 NOPD analysis lacked specificity and that DOE should
account for the findings of the Working Group. (Docket No. EERE-2020-
BT-PET-0003; Lennox, No. 5 at p. 2)
The November 2016 NODA analysis included market and technical
information to characterize and evaluate the impacts of potential
standards on certain embedded fans. 81 FR 75742,75751. As presented and
discussed in detail in sections II.B.1, II.B.2, and II.B.4 of this
document, DOE has updated its analysis to account for the findings of
the Working Group and additional information collected after the
publication of the November 2016 NODA.
As noted, EPCA provides that ``covered equipment'' includes any
other type of industrial equipment which the Secretary classifies as
covered equipment for which the Secretary has determined coverage is
necessary to carry out the purpose of Part A-1. 42 U.S.C. 6311(1)(L).
``Industrial equipment'' is any article of specifically listed
equipment that is of a type, which (1) in operation consumes, or is
designed to consume, energy; (2) to any significant extent, is
distributed in commerce for industrial or commercial use; (3) is not a
``covered product,'' and (4) for which the Secretary has determined
coverage is necessary to carry out the purpose of Part A-1. (42 U.S.C.
6311(2)(A); 42 U.S.C. 6312(b))
EPCA lists fans (i.e., fans and blowers) among the equipment that
may be industrial equipment. (42 U.S.C. 6311(2)(B)(ii) and (iii)) DOE
addresses the requirements for determining that fans are ``industrial
equipment'' and ``covered equipment'' in the following paragraphs.
1. Energy Consumption in Operation
To qualify as ``industrial equipment'' fans and blowers must be of
a type which in operation consumes, or is designed to consume, energy.
(42 U.S.C. 6311(2)(A)(i))
In the 2011 NOPD, DOE used information from the 2009 U.S. Energy
Information Administration (``EIA'') Annual Energy Outlook (``AEO'') to
estimate the total energy consumption of equipment covered under the
then proposed definitions of fan and blower in the commercial
sector.\23\ DOE also used the 2009 EIA Manufacturing Energy Consumption
Survey to estimate the total electricity consumption of the industrial
sector. DOE then used information on the percentage of fan and blower
electricity use in industry from an American Council for an Energy-
Efficient Economy study \24\ to calculate fan and blower electricity
use in the industrial sector. DOE estimated that ``commercial fans and
blowers'' consumed 139,533 million kWh of electricity per year while
``industrial fans and blowers'' consumed 90,057 million kWh of
electricity per year. 76 FR 37678, 37979.
---------------------------------------------------------------------------
\23\ DOE used AEO's estimate of total energy consumption in
commercial buildings by end use (e.g., lighting, cooking, and office
equipment) and selected ``ventilation'' as the representative end
use for fans as this equipment is used to provide building
ventilation.
\24\ Energy Efficiency and Electric Motors, Report PB-259 129,
A.D. Little, Inc. 1976., U.S. Federal Energy Administration, Office
of Industrial Programs. Springfield, VA: National Technical
Information Service.
---------------------------------------------------------------------------
In response to the 2011 NOPD and the May 2021 RFI, AHRI commented
that the energy consumption estimate provided by DOE was based on
outdated data and did not account for energy saving measures required
by the major energy building codes in the U.S. AHRI stated that ASHRAE
Standard 90.1-2010 Energy Standard for Buildings Except Low-Rise
Residential Building
[[Page 46586]]
(``ASHRAE Standard 90.1'') includes limits on the energy consumption of
commercial fans and has been adopted in most states. (AHRI, No. 3, at
pp. 2-3)
For this final determination, DOE updated its analysis to include
information from a 2021 DOE study to estimate the amount of motor
electricity use represented by fans and blowers in the industrial and
commercial sectors.\25\ Based on this study, DOE estimates that fans
and blowers consume 192,085 million kWh of electricity per year in the
commercial sector and 112,942 million kWh of electricity per year in
the industrial sector.
---------------------------------------------------------------------------
\25\ U.S Department of Energy (January 2021), United States
Industrial and Commercial Motor System Market Assessment Report.
Volume 1: Characteristics of the Installed Base. Retrieved February
2, 2021, from <a href="http://eta-publications.lbl.gov/sites/default/files/u.s._industrial_and_commerical_motor_system_market_assessment_report_vol_1_.pdf">eta-publications.lbl.gov/sites/default/files/u.s._industrial_and_commerical_motor_system_market_assessment_report_vol_1_.pdf</a>.
---------------------------------------------------------------------------
Both the estimates from the June 2011 NOPD and the updated
estimates demonstrate that fans and blowers consume energy in
operation. Therefore, DOE concludes that fans and blowers satisfy the
first element of ``industrial equipment'' required by 42 U.S.C.
6311(2)(A)(i).
2. Distribution in Commerce
To qualify as ``industrial equipment'' fans and blowers must be, to
a significant extent, distributed in commerce for industrial and
commercial use.\26\ (42 U.S.C. 6311(2)(A)(ii))
---------------------------------------------------------------------------
\26\ DOE notes that distribution for residential use does not
preclude coverage as covered equipment so long as to a significant
extent the equipment is of a type that is also distributed in
commerce for industrial and commercial use.
---------------------------------------------------------------------------
DOE published shipments estimates for certain varieties of fans to
support the November 2016 NODA analysis. The November 2016 NODA
analyzed a subset of fans operating with a shaft input power equal to
or greater than 1 horsepower and fan air power equal to or less than
150 horsepower as recommended in the term sheet. Generally, the scope
excluded certain fans used in HVACR equipment subject to DOE energy
conservation standards and specific categories of fans such as safety
fans. 81 FR 75742, 75745-75746 (Docket No. EERE-2013-BT-STD-0006; No.
179, Recommendation #1, 2, 3, 5, at pp. 1-4)
In the November 2016 NODA, DOE estimated annual shipments of fans
in scope of the analysis to be 1.18 million with approximately 18
percent for use in industrial applications and 82 percent for use in
commercial applications. (Docket No. EERE-2013-BT-STD-0006; National
Impact Analysis Spreadsheet, No. 192) The shipments of all fans and
blowers covered under the definition of ``fan'' as established in this
final determination are likely higher.
In response to the November 2016 NODA analysis, A.O. Smith
Corporation (``A.O. Smith'') commented that there were additional
categories of equipment that incorporate fans. A.O Smith listed
equipment such as boilers, water heaters, and pool heaters. (Docket No.
EERE-2013-BT-STD-0006; A.O. Smith, No. 219 at p. 2) Greenheck listed
other HVACR equipment that were not captured in DOE's estimate. (Docket
No. EERE-2013-BT-STD-0006; Greenheck, No. 221.1 at pp. 20-21) However,
A.O. Smith and Greenheck did not provide quantitative information to
estimate these shipments. (Docket No. EERE-2013-BT-STD-0006; A.O.
Smith, No. 219 at p. 2; Greenheck, No. 221.1 at pp. 20-21) AHRI
commented that they estimated the number of fans in HVACR equipment to
be between five to 14 million units. (Docket No. EERE-2013-BT-STD-0006;
AHRI, No. 222 at p. 15) Daikin commented in support of this estimate
and added that DOE overestimated the number of fans in air-handling
units, noting that air-handler shipments should be closer to 130,000-
230,000. (Docket No. EERE-2013-BT-STD-0006; Daikin, No. 216 at p. 4)
AHRI submitted additional shipments data to the California Energy
Commission (``CEC'') Fan rulemaking docket which included updated
shipments estimates.\27\
---------------------------------------------------------------------------
\27\ AHRI's submission to the CEC docket is available here: CEC
Docket 17-AAER-06, TN#221201-1. Available at: <a href="http://efiling.energy.ca.gov/GetDocument.aspx?tn=221201-1&DocumentContentId=26700">efiling.energy.ca.gov/GetDocument.aspx?tn=221201-1&DocumentContentId=26700</a>.
---------------------------------------------------------------------------
DOE reviewed the data submitted by AHRI to the CEC and subsequently
revised the shipment estimates prepared for the November 2016 NODA.
Specifically, DOE revised (1) air handling unit shipments from 330,402
units to 65,000 units; (2) chiller shipments from 12,759 to 27,000
units and used 7 instead of 14 fans per unit to calculate corresponding
fan units; and (3) the number of fans per unit used in commercial
packaged air-conditioning and heating equipment by capacity range.\28\
The updates reduced the total shipments for the fans analyzed in the
November 2016 NODA from 1.18 million to 721,725 units.\29\
---------------------------------------------------------------------------
\28\ For return and exhaust fans, DOE assumed an average of 0.06
to 0.85 fans per unit depending on the capacity of the unit instead
of 0.5 to 1.5 fans per unit. See Table 6 of CEC Docket 17-AAER-06,
TN#221201-1. Available at: <a href="http://efiling.energy.ca.gov/GetDocument.aspx?tn=221201-1&DocumentContentId=26700">efiling.energy.ca.gov/GetDocument.aspx?tn=221201-1&DocumentContentId=26700</a>.
\29\ The November 2016 NODA analyzed certain categories of fans
with a fan shaft input power equal to or greater than 1 horsepower
and fan air power equal or less than 150 horsepower as recommended
in the term sheet. (Docket No. EERE-2013-BT-STD-0006; No. 179,
Recommendation #1, 2, 3, 5, at pp.1-4)
---------------------------------------------------------------------------
Based on the shipments data, DOE estimates the shipments of fans
and blowers to be at least 721,725 units per year. Both the estimates
from the June 2011 NOPD and the updated estimates demonstrate that fans
and blowers are distributed in commerce to a significant extent for
industrial and commercial use, satisfying the second statutory element
to qualify as ``industrial equipment''. (See 42 U.S.C. 6311(2)(A)(ii))
3. Prior Inclusion as a Covered Product
To qualify as ``industrial equipment'' fans and blowers must not be
a ``covered product'' as that term is defined in 42 U.S.C. 6291(a)(2).
(42 U.S.C. 6311(2)(A)(iii))
``Covered product'' is defined through reference to the enumerated
list of products at section 6292(a) of EPCA, which includes ``any other
type of consumer product which the Secretary classifies as a covered
product'' pursuant to certain statutory criteria. (42 U.S.C.
6291(a)(2)) The fans and blowers are not included in the enumerated
list of covered products in section 6292(a) of EPCA and the Secretary
has not previously determined such fans and blowers to be covered
products, though DOE does regulate ceiling fans and furnace fans.
Further, the definition of fans (i.e., fans and blowers) established in
this document explicitly excludes ceiling fans and furnace fans, both
defined at 10 CFR 430.2. Therefore, equipment that is covered under the
definition of ``fans'' (i.e., fans and blowers'' established in this
document are not covered products as that term is defined in 42 U.S.C.
6291(a)(2).
DOE concludes that the third element of ``industrial equipment'' is
satisfied. (See 42 U.S.C. 6311(2)(A)(iii))
4. Coverage Necessary To Carry Out the Purposes of Part A-1
The purpose of Part A-1 is to improve the energy efficiency of
electric motors, pumps, and certain other industrial equipment to
conserve the energy resources of the Nation. (42 U.S.C. 6312(a)) In the
2011 NOPD, DOE initially determined that coverage of fans and blowers
was necessary to carry out the purposes of Part A-1 of EPCA because
coverage would potentially promote the conservation of energy
[[Page 46587]]
resources. DOE estimated that technologies exist that could reduce the
electricity consumption of fans by as much as 20 percent.\30\ 76 FR
37678, 37680.
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\30\ Martin, N., Worrel, E., et al. Emerging Energy Efficient
Industrial Technologies, LBNL-46990, 10/2000.
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In response to the 2011 NOPD, the CA IOUs commented that commercial
and industrial fans and blowers represent a significant potential for
energy savings. To illustrate the potential energy savings, the CA IOUs
presented estimates of how different blade designs compare in terms of
energy efficiency, noting that some designs (i.e., airfoil, backward
curved/inclined centrifugal fans and vanaxial axial fans) are better
than others. (CA IOUs, No. 6 at pp. 1-2)
In response to the June 2011 NOPD, AHRI commented that systems that
includes commercial and industrial fans and blowers are already subject
to DOE energy conservation standards. AHRI asserted that Part A-1's
purpose has already been achieved through DOE's energy conservation
standards for commercial equipment; the minimum energy efficiency
requirements within these standards adequately account for the energy
consumption of various components within a system, including fans and
blowers. (AHRI, No. 3 at pp. 1-2) In response to the January 2013
Framework Document, AHRI added that setting energy conservation
standards for fans and blowers used in HVAC applications would not
ensure an optimized energy savings solution for this category of
equipment and that ASHRAE Standard 90.1 already includes fan efficiency
requirements for certain categories of HVAC fans. (Docket No. EERE-
2013-BT-STD-0006; AHRI, No. 12 at p. 1) Also, in response to the
January 2013 Framework Document, AMCA, EEI, Lennox, commented that
DOE's analysis should account for the existing fan efficiency
requirements in ASHRAE Standard 90.1. (Docket No. EERE-2013-BT-STD-
0006; AMCA, No. 19 at pp. 5, 32; EEI, No. 13 at p. 2; Lennox, No. 18,
at p. 3;) Ingersoll Rand/Trane noted that HVAC equipment that
incorporate fans are already subject to minimum efficiency requirements
in ASHRAE Standard 90.1. For fans going into these HVAC equipment,
Ingersoll Rand/Trane commented that any improvements in the fan energy
efficiency would not results in any energy savings as the HVAC
equipment would continue to be designed to meet the equipment level
metrics required by ASHRAE 90.1. (Docket No. EERE-2013-BT-STD-0006;
Ingersoll Rand/Trane, No. 24, at p. 2) In response to the June 2011
NOPD, CTI also commented that much of the energy savings for standalone
fans is already captured in ASHRAE 90.1 and in the International Energy
Conservation Code. (CTI, No. 13, at p. 2)
In response to the May 2021 RFI, AHRI reiterated its concern that
the data evaluated in DOE's previous NODA analyses used a fan database
with fan performance characteristics that may not have appropriately
represented embedded fans. (AHRI, No. 16.2, at p. 5) Greenheck
recommended that DOE reevaluate the potential energy savings for fans
based on the new fan energy requirements included in the 2019 version
of ASHRAE 90.1, as well as savings obtained from ongoing utility
incentive programs, related state energy standards/codes and industry
performance certifications programs. (Greenheck, No. 18, at pp. 2, 3)
In the November 2016 NODA, DOE provided estimates of national
energy savings that may result from potential energy conservation
standards.\31\ DOE analyzed six efficiency levels (``ELs'')
representing lower efficiency fans (``baseline level''--EL0) and higher
efficiency fans (``max tech''--EL6). To develop these efficiency
levels, DOE identified existing technology options that affect
efficiency. DOE then conducted a screening analysis to review each
technology option and decide whether it: (1) Is technologically
feasible; (2) is practicable to manufacture, install, and service; (3)
would adversely affect product utility or product availability; or (4)
would have adverse impacts on health and safety. The technology options
remaining after the screening analysis consisted of a variety of
impeller designs and guide vanes. DOE used these technology options to
divide the fan groups into subgroups and conducted a market-based
assessment of the prevalence of each subgroup at the different
efficiency levels analyzed. DOE analyzed six efficiency levels in the
November 2016 NODA, including one efficiency level representing the
efficiency target as recommended by AMCA \32\ as well as additional
levels above and below. 81 FR 75742, 75748. DOE estimated that
technologies exist that could reduce the electricity consumption of a
baseline fan by as much as 30 percent,\33\ resulting in national energy
savings ranging from 0.79-6.96 quads site savings over the 30 year
analysis period (2.2 to 19.1 quads Full Fuel Cycle) depending on the EL
considered. (Docket No. EERE-2013-BT-STD-0006; National Impact Analysis
Spreadsheet, No. 192)
---------------------------------------------------------------------------
\31\ The national impact analysis tool and results supporting
the November 2016 NODA are available online at <a href="https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192">https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192</a>.
\32\ See AMCA's DOE Fan efficiency Proposal presented at the
59th AMCA Annual Meeting, January 24, 2015.
\33\ Based on the difference in fan efficiency targets at EL0
and EL6.
---------------------------------------------------------------------------
Regarding ASHRAE Standard 90.1 and its effect on the current mix of
fan and blower efficiencies on the market, DOE considered confidential
sales data provided by AMCA in development of fan efficiency
distributions for the November 2016 NODA. DOE collected additional
technical and market information specific to embedded fans to represent
both the embedded fan and standalone fan markets. DOE applied these
efficiency distributions to account for the fact that more efficient
fans are already on the market when estimating energy savings from
potential energy conservation standards. 81 FR 75742, 75751-75752.\34\
Further, since the publication of the November 2016 NODA, the industry
standard in ASHRAE Standard 90.1 applicable to fans was revised to
include updated fan efficiency requirements corresponding to
approximately the stringency level in EL 3 as analyzed in the November
2016 NODA.\35\ Because ASHRAE Standard 90.1 is approximately as
stringent as EL 3 in the 2016 NODA analysis, the figures and analysis
from the 2016 NODA can be used to determine remaining potential energy
savings, assuming a full implementation of the fan requirements in
ASHRAE 90.1. Even assuming full implementation of ASHRAE Standard 90.1,
DOE estimates that there would remain a potential for additional energy
savings ranging from 0.55-5.5 quads site energy savings (1.5 to 15.1
quads FFC energy savings) over the 30 year analysis period.\36\
---------------------------------------------------------------------------
\34\ The efficiency distributions reflect market shares of fan
shipments by efficiency level in the absence of an energy
conservation standard. In the November 2016 NODA, DOE assumed that
some fans are already being purchased at efficiency levels above the
baseline. See ``LCC Input'' tab of the national impact analysis tool
(Row #39) Available at <a href="https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192">https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192</a>.
\35\ ANSI/ASHRAE/IES Standard 90.1-2019 (I-P), Energy Standard
for Buildings Except Low-Rise Residential Buildings. Section
6.5.3.1.3 ``Fan efficiency''.
\36\ To estimate these savings, DOE subtracted the national
energy savings estimates at EL3 from the national energy savings
estimates as projected by in the November 2016 NODA. The national
impact analysis tool and results supporting the November 2016 NODA
are available online at <a href="https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192">https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192</a>.
---------------------------------------------------------------------------
The national energy savings results presented in the November 2016
NODA
[[Page 46588]]
and the subsequent estimates that assume full implementation of
relevant industry standards demonstrate that coverage of fans and
blowers and energy conservation standards that may result from such
coverage would improve the efficiency of fans and blowers. Such
standards would further the purpose of Part A-1, to conserve the energy
resources of the Nation.
C. Final Determination
Based on the foregoing discussion, DOE concludes that including
fans and blowers, as defined in this final determination, as covered
equipment is necessary to carry out the purposes of Part A-1. Based on
the information discussed in sections II.B.1, II.B.2, and II.B.3 of
this final determination, DOE is classifying fans and blowers as
covered equipment.
This final determination does not establish test procedures or
energy conservation standards for fans and blowers. DOE will address
test procedures and energy conservation standards through its normal
rulemaking process.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This coverage determination has been determined to be not
significant for purposes of Executive Order (``E.O'') 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). As a
result, the Office of Management and Budget (``OMB'') did not review
this final determination.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed 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 E.O. 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (Aug. 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 rulemaking process. 68 FR 7990. DOE has made its
procedures and policies available on the Office of the General
Counsel's website (<a href="https://energy.gov/gc/office-general-counsel">https://energy.gov/gc/office-general-counsel</a>).
DOE reviewed this final rule under the provisions of the Regulatory
Flexibility Act and the policies and procedures published on February
19, 2003. This final determination does not establish test procedures
or standards for fans and blowers. On the basis of the foregoing, DOE
certifies that this final determination has no significant economic
impact on a substantial number of small entities. Accordingly, DOE has
not prepared an IRFA for this final determination. DOE will transmit
this certification and supporting statement of factual basis to the
Chief Counsel for Advocacy of the Small Business Administration for
review under 5 U.S.C. 605(b).
C. 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 A6 because it is strictly procedural and
meets the requirements for application of a CX. See 10 CFR part
1021410. 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.
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on Federal 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.
EPCA governs and prescribes Federal preemption of State regulations
as to energy conservation for the industrial equipment that is the
subject of this final determination. (42 U.S.C. 6316(a)(10); 42 U.S.C.
6297) Regarding equipment for which DOE has made a coverage
determination pursuant to 42 U.S.C. 6311(1)(L) the preemption
provisions of 42 U.S.C. 6297 begin on the date on which a final rule
establishing an energy conservation standard is issued by the
Secretary, except that any State or local standard prescribed or
enacted for the equipment before the date on which the final rule is
issued shall not be preempted until the energy conservation standard
established by the Secretary for the equipment takes effect. (42 U.S.C.
6316(a)(10)) This final determination does not establish energy
conservation standards for fans and blowers. DOE has examined this
final determination and concludes that it does not preempt State law or
have substantial direct effects on the States, on the relationship
between the Federal government and the States, or on the distribution
of power and responsibilities among the various levels of government.
No further action is required by E.O. 13132.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' 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. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 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 section 3(a) and section 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 determination meets
the relevant standards of E.O. 12988.
[[Page 46589]]
F. 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 likely to result 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 them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
This final determination does not contain a Federal
intergovernmental mandate, nor is it expected to require expenditures
of $100 million or more in any one year by the private sector. As a
result, the analytical requirements of UMRA do not apply.
G. 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 determination would 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.
H. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (Mar. 15,
1988), DOE has determined that this final determination would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
I. Review Under the 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 Federal agencies to review
most disseminations of information to the public under information
quality 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 determination under the OMB and DOE guidelines and
has concluded that it is consistent with applicable policies in those
guidelines.
J. Review Under Executive Order 13211
E.O. 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 OIRA at OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates 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 Executive 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 should the proposal be implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This final determination is not establishing energy conservation
standards for fans and blowers. It is not a significant energy action,
nor has it been designated as such by the Administrator at OIRA.
Accordingly, DOE has not prepared a Statement of Energy Effects.
K. Information Quality
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (``OSTP''), issued its Final Information
Quality Bulletin for Peer Review (``the Bulletin''). 70 FR 2664 (Jan.
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the bulletin is to enhance the quality and credibility of
the Government's scientific information. Under the Bulletin, the energy
conservation standards rulemaking analyses are ``influential scientific
information,'' which the Bulletin defines as ``scientific information
the agency reasonably can determine will have, or does have, a clear
and substantial impact on important public policies or private sector
decisions.'' Id. at 70 FR 2667.
In response to OMB's Bulletin, DOE conducted formal peer reviews of
the energy conservation standards development process and the analyses
that are typically used and has prepared a report describing that peer
review.\37\ Generation of this report involved a rigorous, formal, and
documented evaluation using objective criteria and qualified and
independent reviewers to make a judgment as to the technical/
scientific/business merit, the actual or anticipated results, and the
productivity and management effectiveness of programs and/or projects.
DOE has determined that the peer-reviewed analytical process continues
to reflect current practice, and the Department followed that process
for developing energy conservation standards in the case of the present
action.
---------------------------------------------------------------------------
\37\ ``Energy Conservation Standards Rulemaking Peer Review
Report.'' 2007. Available at <a href="http://www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0">www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0</a>.
---------------------------------------------------------------------------
L. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this final determination prior to its effective date.
The report will state that it has been determined that the rule is a
``major rule'' as defined by 5 U.S.C. 804(2).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
determination.
[[Page 46590]]
List of Subjects in 10 CFR 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Incorporation by reference,
Intergovernmental relations, Reporting and recordkeeping requirements,
Small businesses.
Signing Authority
This document of the Department of Energy was signed on August 13,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and 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 August 13, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 431
of chapter II, subchapter D, of title 10 of the Code of Federal
Regulations, as set forth below:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Add subpart J to read as follows:
Subpart J--Fans and Blowers
Sec.
431.171 Purpose and scope.
431.172 Definition.
431.173-431.176 [Reserved].
Subpart J--Fans and Blowers
Sec. 431.171 Purpose and scope.
This subpart contains provisions regarding fans and blowers,
pursuant to Part C of Title III of the Energy Policy and Conservation
Act, as amended, 42 U.S.C. 6311-6317. This subpart does not cover
``ceiling fans'' as that term is defined and addressed in part 430 this
chapter, nor does it cover ``furnace fans'' as that term is defined and
addressed in part 430 of this chapter.
Sec. 431.172 Definition.
Fan or blower means a rotary bladed machine used to convert
electrical or mechanical power to air power, with an energy output
limited to 25 kilojoule (kJ)/kilogram (kg) of air. It consists of an
impeller, a shaft and bearings and/or driver to support the impeller,
as well as a structure or housing. A fan or blower may include a
transmission, driver, and/or motor controller.
Sec. Sec. 431.173-431.176 [Reserved].
[FR Doc. 2021-17715 Filed 8-18-21; 8:45 am]
BILLING CODE 6450-01-P
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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.