Proposed Rule2021-25540

Energy Conservation Program: Energy Conservation Standards for Consumer Products; Early Assessment Review; Consumer Furnace Fans

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Published
November 23, 2021

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy (``DOE'') is undertaking an early assessment review for amended energy conservation standards for consumer furnace fans to determine whether to amend applicable energy conservation standards for this product. Specifically, through this request for information (``RFI''), DOE seeks data and information to evaluate whether amended energy conservation standards would result in significant savings of energy; be technologically feasible; and be economically justified. DOE welcomes written comments from the public on any subject within the scope of this document (including those topics not specifically raised in this RFI), as well as the submission of data and other relevant information concerning this early assessment review.

Full Text

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<title>Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)</title>
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[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66465-66471]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25540]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2021-BT-STD-0029]
RIN 1904-AE64


Energy Conservation Program: Energy Conservation Standards for 
Consumer Products; Early Assessment Review; Consumer Furnace Fans

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

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an 
early assessment review for amended energy conservation standards for 
consumer furnace fans to determine whether to amend applicable energy 
conservation standards for this product. Specifically, through this 
request for information (``RFI''), DOE seeks data and information to 
evaluate whether amended energy conservation standards would result in 
significant savings of energy; be technologically feasible; and be 
economically justified. DOE welcomes written comments from the public 
on any subject within the scope of this document (including those 
topics not specifically raised in this RFI), as well as the submission 
of data and other relevant information concerning this early assessment 
review.

DATES: Written comments and information are requested and will be 
accepted on or before December 23, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2021-BT-STD-0029, 
by any of the following methods:
    1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the 
instructions for submitting comments.
    2. Email: To <a href="/cdn-cgi/l/email-protection#490a26273a3c242c3b0f3c3b270f28277b797b781a1d0d79797b70092c2c672d262c672e263f"><span class="__cf_email__" data-cfemail="02416d6c71776f67704477706c44636c303230335156463232303b4267672c666d672c656d74">[email&#160;protected]</span></a>. Include docket 
number EERE-2021-BT-STD-0029 in the subject line of the message.
    No facsimile (``fax'') transmissions will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section IV of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to

[[Page 66466]]

make temporary modifications to the comment submission process in light 
of the ongoing coronavirus 2019 (``COVID-19'') pandemic. DOE is 
currently suspending receipt of public comments via postal mail and 
hand delivery/courier. If a commenter finds that this change poses an 
undue hardship, please contact Appliance Standards Program staff at 
(202) 586-1445 to discuss the need for alternative arrangements. Once 
the COVID-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the 
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some 
documents listed in the index, such as those containing information 
that is exempt from public disclosure, may not be publicly available.
    The docket web page can be found at: <a href="http://www.regulations.gov/docket/EERE-2021-BT-STD-0029">www.regulations.gov/docket/EERE-2021-BT-STD-0029</a>. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section III for information on how to submit comments through 
<a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine Rivest, 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. Telephone: (202) 586-7335. Email: 
<a href="/cdn-cgi/l/email-protection#abeadbdbc7c2cac5c8cef8dfcac5cfcad9cfd8fadeced8dfc2c4c5d8ebcece85cfc4ce85ccc4dd"><span class="__cf_email__" data-cfemail="420332322e2b232c21271136232c262330263113372731362b2d2c310227276c262d276c252d34">[email&#160;protected]</span></a>.
    Ms. Linda Field, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-3440. Email: <a href="/cdn-cgi/l/email-protection#ffb396919b9ed1b9969a939bbf978ed19b909ad1989089"><span class="__cf_email__" data-cfemail="9fd3f6f1fbfeb1d9f6faf3fbdff7eeb1fbf0fab1f8f0e9">[email&#160;protected]</span></a>.
    For further information on how to submit a comment or 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#fcbd8c8c90959d929f99af889d92989d8e988fad89998f889593928fbc9999d2989399d29b938a"><span class="__cf_email__" data-cfemail="ffbe8f8f93969e919c9aac8b9e919b9e8d9b8cae8a9a8c8b9690918cbf9a9ad19b909ad1989089">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority
    B. Rulemaking History
II. Request for Information
    A. Scope & Product Classes
    B. Significant Savings of Energy
    C. Technological Feasibility
    1. Technology Options
    2. Screening Analysis
    3. Engineering Efficiency Analysis
    D. Economic Justification
    1. Life-Cycle Cost and Payback Period Analysis
    2. Manufacturer Impact Analysis
III. Submission of Comments

I. Introduction

    DOE has established an early assessment review process to conduct a 
more focused analysis to evaluate, based on statutory criteria, whether 
a new or amended energy conservation standard is warranted. Based on 
the information received in response to the RFI and DOE's own analysis, 
DOE will determine whether to proceed with a rulemaking for a new or 
amended energy conservation standard. If DOE makes an initial 
determination that a new or amended energy conservation standard would 
satisfy the applicable statutory criteria or DOE's analysis is 
inconclusive, DOE would undertake the preliminary stages of a 
rulemaking to issue a new or amended energy conservation standard. If 
DOE makes an initial determination based upon available evidence that a 
new or amended energy conservation standard would not meet the 
applicable statutory criteria, DOE would engage in notice and comment 
rulemaking before issuing a final determination that new or amended 
energy conservation standards are not warranted.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
among other things, authorizes DOE to regulate the energy efficiency of 
a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy 
Conservation Program for Consumer Products Other Than Automobiles. 
These products include consumer furnace fans, the subject of this 
document. (42 U.S.C. 6295(f)(4)(D))
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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).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 
6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 
6294), energy conservation standards (42 U.S.C. 6295), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal 
preemption in limited instances for particular State laws or 
regulations, in accordance with the procedures and other provisions set 
forth under 42 U.S.C. 6297(d).
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products. EPCA requires that any new or 
amended energy conservation standard prescribed by the Secretary of 
Energy (``Secretary'') be designed to achieve the maximum improvement 
in energy or water efficiency that is technologically feasible and 
economically justified. (42 U.S.C. 6295(o)(2)(A)) The Secretary may not 
prescribe an amended or new standard that will not result in 
significant conservation of energy, or is not technologically feasible 
or economically justified. (42 U.S.C. 6295(o)(3))
    EPCA also requires that, not later than 6 years after the issuance 
of any final rule establishing or amending a standard, DOE must publish 
either a notice of determination that standards for the product do not 
need to be amended, or a notice of proposed rulemaking (``NOPR'') 
including new proposed energy conservation standards (proceeding to a 
final rule, as appropriate). (42 U.S.C. 6295(m)(1)) DOE is publishing 
this RFI to collect data and information to inform its decision to 
satisfy the 6-year-lookback review requirement.

B. Rulemaking History

    DOE established energy conservation standards at 10 CFR 430.32(y) 
for furnace fans through a final rule published in the Federal Register 
on July 3, 2014 (``July 2014 Final Rule''). 79 FR 38130. Compliance 
with the prescribed standards established for consumer furnace fans in 
the July 2014 Final Rule was required as of July 3, 2019. DOE's energy 
conservation standard for furnace fans use the fan energy rating 
(``FER'') metric, which is the ratio of the electrical energy 
consumption to airflow, expressed as watts per 1,000 cubic feet per 
minute of airflow (``W/1,000 cfm''). 10 CFR 430.32(y). The test 
procedure for determining FER is establishes at 10

[[Page 66467]]

CFR part 430 subpart B appendix AA, Uniform Test Method for Measuring 
the Energy Consumption of Furnace Fans (``appendix AA''). In parallel 
to this rulemaking, DOE is considering whether amendments are warranted 
for the current test procedure for furnace fans. On July 7, 2021, DOE 
published an early assessment request for information concerning the 
test procedure for furnace fans. 86 FR 35660.

II. Request for Information

    DOE is publishing this RFI to collect data and information during 
the early assessment review to inform its decision, consistent with its 
obligations under EPCA, as to whether the Department should proceed 
with an energy conservation standards rulemaking. Below DOE has 
identified certain topics for which information and data are requested 
to assist in the evaluation of the potential for amended energy 
conservation standards. DOE also welcomes comments on other issues 
relevant to its early assessment that may not specifically be 
identified in this document.

A. Scope & Product Classes

    When evaluating and establishing energy conservation standards, DOE 
divides covered products into product classes by the type of energy 
used, or by capacity or other performance-related features that justify 
differing standards. (42 U.S.C. 6295(q)) In making a determination 
whether a performance-related feature justifies a different standard, 
DOE must consider such factors as the utility of the feature to the 
consumer and other factors DOE determines are appropriate. (Id.)
    A ``furnace fan'' is ``an electrically-powered device used in a 
consumer product for the purpose of circulating air through ductwork.'' 
10 CFR 430.2. DOE has established ten product classes for furnace fans: 
Non-Weatherized, Non-Condensing Gas Furnace Fans; Non-Weatherized, 
Condensing Gas Furnace Fans; Weatherized Non-Condensing Gas Furnace 
Fans; Non-Weatherized, Non-Condensing, Oil Furnace Fans; Non-
Weatherized Electric Furnace/Modular Blower Fans; Mobile Home Non-
Weatherized, Non-Condensing Gas Furnace Fans; Mobile Home Non-
Weatherized, Condensing Gas Furnace Fans; Mobile Home Electric Furnace/
Modular Blower Fans; Mobile Home Weatherized Gas Furnace Fans; and 
Mobile Home Non-Weatherized Oil Furnace Fans. 10 CFR 430.32(y). Mobile 
Home Weatherized Gas Furnace Fans and Mobile Home Non-Weatherized Oil 
Furnace Fans are not currently subject to performance standards because 
DOE did not have sufficient data to analyze and establish standards for 
these product classes at the time of the July 2014 Final Rule. 79 FR 
38180, 38150 (July 3, 2014). The current standards for furnace fans are 
shown in Table II-1.

 Table II-1--Energy Conservation Standards for Covered Consumer Furnace
                                 Fans *
------------------------------------------------------------------------
                  Product class                    FER ** (W/1,000 cfm)
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Non-Weatherized, Non-Condensing Gas Furnace Fan   FER = 0.044 x QMax +
 (NWG-NC).                                         182.
Non-Weatherized, Condensing Gas Furnace Fan (NWG- FER = 0.044 x QMax +
 C).                                               195.
Weatherized Non-Condensing Gas Furnace Fan (WG-   FER = 0.044 x QMax +
 NC).                                              199.
Non-Weatherized, Non-Condensing Oil Furnace Fan   FER = 0.071 x QMax +
 (NWO-NC).                                         382.
Non-Weatherized Electric Furnace/Modular Blower   FER = 0.044 x QMax +
 Fan (NWEF/NWMB).                                  165.
Mobile Home Non-Weatherized, Non-Condensing Gas   FER = 0.071 x QMax +
 Furnace Fan (MH-NWG-NC).                          222.
Mobile Home Non-Weatherized, Condensing Gas       FER = 0.071 x QMax +
 Furnace Fan (MH-NWG-C).                           240.
Mobile Home Electric Furnace/Modular Blower Fan   FER = 0.044 x QMax +
 (MH-EF/MB).                                       101.
Mobile Home Non-Weatherized Oil Furnace Fan (MH-  Reserved.
 NWO).
Mobile Home Weatherized Gas Furnace Fan (MH-WG)   Reserved.
 **.
------------------------------------------------------------------------
* Furnace fans incorporated into hydronic air handlers, small-duct high-
  velocity (``SDHV'') modular blowers, SDHV electric furnaces, and CAC/
  HP indoor units are not subject to the standards listed in this table.
** QMax is the airflow, in cfm, at the maximum airflow-control setting
  measured using the final DOE test procedure at 10 CFR part 430,
  subpart B, appendix AA.

    Additionally, in the analysis conducted in support of the July 2014 
Final Rule, DOE excluded several products for which it was not aware of 
any shipments. These products included Weatherized Non-Condensing Oil 
Furnace Fans; Weatherized Electric Furnace/Modular Blower Fans; Mobile 
Home Weatherized Oil Furnace Fans; Mobile Home Weatherized Electric 
Furnace/Modular Blower Fans; and Non-Weatherized, Condensing Oil 
Furnace Fans; and Hydronic Air Handlers. 79 FR 38130, 38150 (July 3, 
2014). DOE also excluded furnace fans used in single-package central 
air conditioners (``CAC'') and heat pumps (``HP'') and split-system 
CAC/HP blower-coil units. 79 FR 38130, 38145 (July 3, 2014). DOE noted 
that its test procedure for furnace fans at the time was not equipped 
to address these furnace fans for such products, as would be required 
for the adoption of standards under 42 U.S.C. 6295(o)(3). 79 FR 38130, 
38149 (July 3, 2014). DOE stated that it may consider these and other 
such products as data information become available with which to 
develop credible analyses for them. 79 FR 38130, 38145-38149 (July 3, 
2014).
    On March 9, 2021, DOE published a Decision and Order granting a 
waiver to ECR International, Inc. (``ECR'') for certain furnace fan 
basic models from specified portions of the DOE test procedure and 
prescribed an alternate test procedure for such models.
    The basic models for which the waiver was granted are factory-
equipped for operation at an external static pressure (``ESP'') of 0.20 
inches water column (``'' w.c.'') and cannot operate within the ESP 
range of 0.65''-0.70'' w.c. required in appendix AA. 86 FR 13530, 13531 
(March 9, 2021). The Decision and Order was based, in part, on ECR's 
statement that for these models, which are designed for heating only 
(i.e., not intended to be paired with a central air conditioner), the 
higher ESP required for the test reduces airflow, which in turn 
increases the temperature rise to the high temperature limit, resulting 
in the unit shutting off before the test can be completed. As a result, 
DOE is considering whether separate product classes are warranted for 
furnace fans designed for ``heating only'' applications. Specifically, 
DOE is reviewing whether such products provide a unique utility and 
have performance characteristics that affect their energy consumption 
as measured by the FER metric.
    Issue 1: DOE seeks comment on whether there are any products that 
are covered by the definition of ``furnace fans'' and should be 
regulated by DOE,

[[Page 66468]]

but are not covered by any of the current classes of furnace fans that 
are regulated by DOE.
    Issue 2: DOE seeks information regarding any other new product 
classes it should consider for inclusion in its analysis. In 
particular, DOE seeks information regarding furnace fans designed for 
``heating only'' applications and whether separate product classes, 
with separate energy conservation standards, are warranted for such 
products. DOE also requests relevant data detailing the corresponding 
impacts on energy use that would justify separate product classes 
(i.e., explanation for why the presence of certain performance-related 
features would increase or decrease energy consumption).

B. Significant Savings of Energy

    In the July 2014 Final Rule, DOE established an energy conservation 
standard for furnace fans that is expected to result in 3.99 
quadrillion British thermal units (``quads'') of full-fuel-cycle \3\ 
(``FFC'') energy savings over a 30-year period. 79 FR 38130, 38131-
38132. In that Final Rule, DOE adopted TSL 4, which was composed of a 
mix of efficiency levels (``ELs'') 1 and 4. 79 FR 38130, 38184 and 
38201 (July 3, 2014). In the corresponding analysis, DOE estimated that 
the max-tech level (EL 6) would have reduced FER values by at least 10 
percent more than EL 1 and EL 4. 79 FR 38130, 38159 (July 3, 2014). 
Additionally, in the July 2014 Final Rule, DOE estimated that an energy 
conservation standard established at an energy efficiency level 
equivalent to that achieved using the maximum available technology 
(``max-tech'') would have resulted in 1.65 additional quads of savings. 
79 FR 38130, 38192 (July 3, 2014).
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    \3\ The FFC metric includes the energy consumed in extracting, 
processing, and transporting primary fuels (i.e., coal, natural gas, 
petroleum fuels). The FFC metric is discussed in DOE's statement of 
policy and notice of policy amendment. 76 FR 51282 (Aug. 18, 2011), 
as amended at 77 FR 49701 (Aug. 17, 2012).
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    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following.
    Issue 3: In order to accurately disaggregate energy savings by 
product class, DOE is interested in shipments data, broken out by 
product class, efficiency level, and region.
    Issue 4: DOE requests feedback on the levels of energy savings that 
could be expected from the adoption of more-stringent standards for 
furnace fans.
    Issue 5: DOE requests data on the typical operating conditions for 
furnace fans when performing heating, cooling, and constant-circulating 
functions. Additionally, DOE seeks field data on the ESP when furnace 
fans are in use.
    Issue 6: DOE requests data on the fraction of time spent and 
furnace fan energy consumed by system mode (heating, cooling, constant 
circulation).
    Issue 7: DOE requests feedback and sources of data or 
recommendations to support sizing criteria of furnace fans for typical 
consumer space heating and space cooling applications.

C. Technological Feasibility

1. Technology Options
    During the analysis conducted in support of July 2014 Final Rule, 
DOE considered a number of technology options that manufacturers could 
use to reduce energy consumption in furnace fans. In total, DOE 
considered eight technology options that would be expected to improve 
the efficiency of furnace fans: (1) Fan housing and airflow path design 
modifications; (2) high-efficiency fan motors (in some cases paired 
with multi-stage or modulating heating controls); (3) inverter-driven 
permanent-split capacitor (``PSC'') fan motors; (4) backward-inclined 
impellers; (5) constant-airflow brushless permanent magnet (``BPM'') 
motor control relays; (6) toroidal transformers; (7) switching mode 
power supplies; and (8) multi-staging and modulating heating controls. 
79 FR 38130, 38150 (July 3, 2014).
    Constant-airflow BPM motor control relays, toroidal transformers, 
and switching mode power supplies were removed from consideration as 
technology options because they only apply to standby mode and off mode 
operation and were no longer applicable once DOE revised its proposed 
scope of coverage to no longer address hydronic air handlers (which is 
the only furnace fan product class for which standby mode and off mode 
energy consumption is not already fully accounted for in the DOE energy 
conservation standards rulemakings for consumer furnaces and 
residential CAC and HPs). 79 FR 38130, 38150 (July 3, 2014).
    Issue 8: DOE seeks information on the aforementioned technologies, 
including their applicability to the current market and how these 
technologies may impact the energy use of furnace fans as measured 
according to the DOE test procedure. DOE also seeks information on how 
these technologies may have changed since they were considered in the 
July 2014 Final Rule analysis.
    Issue 9: DOE seeks information on each of the aforementioned 
technologies regarding their market adoption, costs, and any concerns 
with incorporating them into products (e.g., impacts on consumer 
utility, potential safety concerns, manufacturing/production/
implementation issues, etc.), particularly as to changes that may have 
occurred since the July 2014 Final Rule.
    Issue 10: DOE seeks comment on any other technology options that it 
should consider for inclusion in its analysis and if these technologies 
may impact equipment features or user utility.
2. Screening Analysis
    The purpose of the screening analysis is to evaluate the 
technologies that improve product efficiency to determine which 
technologies will be eliminated from further consideration and which 
will be passed to the engineering analysis for further consideration. 
DOE determines whether to eliminate certain technology options from 
further consideration based on the following criteria: Technological 
feasibility; practicability to manufacture, install, and service; 
adverse impacts on product utility or product availability; adverse 
impacts on health or safety; and unique-pathway proprietary 
technologies. 10 CFR part 430, subpart C, appendix A, 6(c)(3).
    In the July 2014 Final Rule, DOE screened out fan housing and 
airflow path design modifications as these were found to increase 
envelope sizes, which would adversely impact practicability to 
manufacture and install, as well as product utility. 79 FR 38130, 
38153. Therefore, the technology options that DOE did not screen out 
were: (1) Inverter-driven PSC fan motors; (2) high-efficiency fan 
motors; (3) multi-stage or modulating heating controls; and (4) 
backward-inclined impellers. Id.
    Issue 11: DOE requests feedback on what impact, if any, the 
screening criteria described in this section would have on each of the 
aforementioned technology options with respect to furnace fans. 
Similarly, DOE seeks information regarding how these same criteria 
would affect any other technology options not already identified in 
this document with respect to their potential use in furnace fans.
    Issue 12: With respect to fan housing and airflow path design 
modifications, which were screened out in the previous rulemaking 
analysis, DOE seeks information on whether, based on current and 
projected assessments, this technology option should remain screened 
out under the screening criteria described in this section.

[[Page 66469]]

3. Engineering Efficiency Analysis
    The engineering analysis estimates the cost-efficiency relationship 
of equipment at different levels of increased energy efficiency 
(``efficiency levels''). This relationship serves as the basis for the 
cost-benefit calculations for consumers, manufacturers, and the Nation, 
as described further in section II.D of this document.
    As discussed, the current energy conservation standard for each 
furnace fan product class is based on FER, in watts per 1,000 CFM, and 
determined according to an equation using the furnace fan's airflow (in 
CFM) at the maximum airflow-control setting measured using the DOE test 
procedure at appendix AA. The current standards for furnace fans are 
found at 10 CFR 430.32(y).
    As part of DOE's analysis, DOE develops efficiency levels as 
potential energy conservation standards to evaluate in the rulemaking 
analyses. Among these, DOE typically establishes efficiency levels at 
the maximum-available and maximum technologically feasible (``max-
tech'') efficiencies. The maximum-available efficiency level represents 
the highest efficiency units currently available on the market. The 
max-tech level represents the maximum improvement in energy efficiency 
or maximum reduction in energy use that is technologically feasible.
    DOE has performed an initial review of furnace fan basic models 
reported in DOE's Compliance Certification Management System (``CCMS'') 
Database,\4\ to assess the potential to improve efficiency relative to 
current (i.e., baseline) standard levels. DOE observed that models are 
currently available with FERs significantly lower than the currently 
allowable FER energy conservation standards. For example, DOE has 
observed certain models in the MH-NWG-C, NWG-C, NWO-NC, and WG-NC 
classes that have certified FER ratings at least 100 W/1,000 cfm below 
their applicable standards. For the NWG-C class in particular, certain 
models have FER ratings that are less than 10% of their applicable FER 
standard. Further, several models from the NWO-NC class have ratings 
more than 300 W/1,000 cfm below their applicable standards, which 
correspond to ratings that are approximately 30% of the applicable 
standard. DOE has also observed that certain technology options, and in 
particular constant-airflow BPM motors, are incorporated in models at 
both baseline and max-tech efficiency levels.
---------------------------------------------------------------------------

    \4\ Available at <a href="http://www.regulations.doe.gov/certification-data/CCMS-4-Furnace_Fans.html#q=Product_Group_s%3A%22Furnace%20Fans%22">www.regulations.doe.gov/certification-data/CCMS-4-Furnace_Fans.html#q=Product_Group_s%3A%22Furnace%20Fans%22</a>.
---------------------------------------------------------------------------

    Issue 13: DOE seeks input on whether the maximum-available 
efficiency levels (i.e., the lowest available FER levels) are 
appropriate and technologically feasible for consideration as possible 
energy conservation standards for furnace fans for each current product 
class. DOE seeks information on the design options incorporated into 
these maximum-available models, and also on the order in which 
manufacturers incorporate each design option when improving efficiency 
from the baseline to the maximum-available efficiency level (i.e., 
which design options would be included at intermediate efficiency 
levels between the baseline and maximum-available). DOE also requests 
information on the design changes implemented to achieve efficiencies 
greater than the max-tech considered in the July 2014 Final Rule 
analysis.
    Issue 14: DOE seeks feedback on what design options would be 
incorporated at a max-tech efficiency level, and the efficiencies 
associated with those levels, for each product class. As part of this 
request, DOE also seeks information as to whether there are limitations 
on the use of certain combinations of design options. DOE is 
particularly interested in any design options that may have become 
available since the July 2014 Final Rule that would allow greater 
energy savings relative to the max-tech efficiency levels assessed for 
each product class in that rulemaking.
    Issue 15: DOE seeks input on the costs associated with design 
options incorporated into furnace fans to improve efficiency, including 
the design options incorporated into the maximum-available models. DOE 
also requests information on the investments necessary to incorporate 
specific design options, including, but not limited to, costs related 
to new or modified tooling (if any), materials, engineering and 
development efforts to implement each design option, and manufacturing/
production impacts.

D. Economic Justification

    In determining whether a proposed energy conservation standard is 
economically justified, DOE analyzes, among other things, the potential 
economic impact on consumers, manufacturers, and the Nation. DOE seeks 
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards. DOE also seeks comment and 
data on any aspects of its economic justification analysis from the 
July 2014 Final Rule that may indicate whether a more-stringent energy 
conservation standard would be economically justified or cost 
effective.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following.
1. Life-Cycle Cost and Payback Period Analysis
    DOE conducts the life-cycle cost (``LCC'') and payback period 
(``PBP'') analysis to evaluate the economic effects of potential energy 
conservation standards for furnace fans on individual consumers. For 
any given efficiency level, DOE measures the PBP and the change in LCC 
relative to an estimated baseline level. The LCC is the total consumer 
expense over the life of the equipment, consisting of purchase, 
installation, and operating costs (expenses for energy use, 
maintenance, and repair). The PBP is the estimated amount of time (in 
years) it takes consumers to recover the increased purchase cost 
(including installation) of a more-efficient product through lower 
operating costs. Inputs to the calculation of total installed cost 
include the cost of the equipment--which includes the manufacturer 
selling price, distribution channel markups, and sales taxes--and 
installation costs. Inputs to the calculation of operating expenses 
include annual energy consumption, energy prices and price projections, 
repair and maintenance costs, equipment lifetimes, discount rates, and 
the year that compliance with new and amended standards is required.
    Issue 16: DOE requests feedback on the typical distribution 
channels for furnace fans. In particular, DOE seeks comment on whether 
there is a market share for replacement furnace fans. DOE further seeks 
comment on whether there is a significant retail distribution channel 
for furnace fans.
    Issue 17: DOE requests shipments data for furnace fans, broken down 
by product class and region, that show current market shares by 
efficiency level. DOE also seeks input on similar historic data.
    Issue 18: DOE requests comment on the anticipated future market 
share of higher-efficiency products as compared to less-efficient 
products for each furnace fan product class, in the absence of amended 
efficiency standards.
2. Manufacturer Impact Analysis
    The purpose of the manufacturer impact analysis (``MIA'') is to 
estimate the financial impact of amended energy conservation standards 
on manufacturers of furnace fans, and to evaluate the potential impact 
of such

[[Page 66470]]

standards on direct employment and manufacturing capacity. As part of 
the MIA, DOE intends to analyze impacts of amended energy conservation 
standards on subgroups of manufacturers of covered equipment, including 
small business manufacturers. DOE uses the Small Business 
Administration's (``SBA'') small business size standards to determine 
whether manufacturers qualify as small businesses, which are listed by 
the North American Industry Classification System (``NAICS'').\5\ 
Manufacturing of furnace fans is classified under NAICS 333415, ``Air-
conditioning and warm air heating equipment and commercial and 
industrial refrigeration equipment manufacturing,'' and the SBA sets a 
threshold of 1,250 employees or less for a domestic entity to be 
considered as a small business. This employee threshold includes all 
employees in a business' parent company and any other subsidiaries.
---------------------------------------------------------------------------

    \5\ Available online at: <a href="http://www.sba.gov/document/support--table-size-standards">www.sba.gov/document/support--table-size-standards</a>.
---------------------------------------------------------------------------

    One aspect of assessing manufacturer burden involves examining the 
cumulative impact of multiple DOE standards and the product-specific 
regulatory actions of other federal agencies that affect the 
manufacturers of a covered product or equipment. Multiple regulations 
affecting the same manufacturer can strain profits and lead companies 
to abandon product lines or markets with lower expected future returns 
than competing products. For these reasons, DOE conducts an analysis of 
cumulative regulatory burden as part of its rulemakings pertaining to 
appliance efficiency.
    Issue 19: To the extent feasible, DOE seeks the names and contact 
information of any domestic or foreign-based manufacturers of the 
covered product in the United States.
    Issue 20: DOE requests the names and contact information of small 
business manufacturers, as defined by the SBA's size threshold, that 
distribute covered products in the United States. In addition, DOE 
requests comment on any other manufacturer subgroups that could 
disproportionally be impacted by amended energy conservation standards. 
DOE requests feedback on any potential approaches that could be 
considered to address impacts on manufacturers, including small 
businesses.
    Issue 21: DOE requests information regarding how the cumulative 
regulatory burden impacts manufacturers of furnace fans associated with 
(1) other DOE standards applying to different products or equipment 
that these manufacturers may also make, and (2) product-specific 
regulatory actions of other Federal agencies. DOE also requests comment 
on its methodology for computing cumulative regulatory burden and 
whether there are any flexibilities it can consider that would reduce 
this burden while remaining consistent with the requirements of EPCA.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
under the DATES heading, comments and information on matters addressed 
in this notification and on other matters relevant to DOE's early 
assessment of whether more-stringent energy conservation standards are 
warranted for furnace fans.
    Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The 
<a href="http://www.regulations.gov">www.regulations.gov</a> web page requires you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. If this instruction is followed, persons viewing comments will 
see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit information to <a href="http://www.regulations.gov">www.regulations.gov</a> for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Anyone submitting 
comments through the website will waive any CBI claims on the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a> 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want 
your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information in a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. The cover letter will not be publicly viewable as long as it 
does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide only documents 
that are: Not secured, written in English, and free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: One copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket,

[[Page 66471]]

without change and as received, including any personal information 
provided in the comments (except information deemed to be exempt from 
public disclosure).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
<a href="/cdn-cgi/l/email-protection#733203031f1a121d10162007121d171201170022061600071a1c1d003316165d171c165d141c05"><span class="__cf_email__" data-cfemail="0f4e7f7f63666e616c6a5c7b6e616b6e7d6b7c5e7a6a7c7b6660617c4f6a6a216b606a21686079">[email&#160;protected]</span></a>.

Signing Authority

    This document of the Department of Energy was signed on November 
17, 2021, by Kelly J. Speakes-Backman, Principal Deputy Assistant 
Secretary for Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on November 18, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-25540 Filed 11-22-21; 8:45 am]
BILLING CODE 6450-01-P


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Indexed from Federal Register on November 23, 2021.

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.