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Rule2023-08696

Energy Conservation Program: Test Procedure for Fans and Blowers

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Published

May 1, 2023

Effective

May 31, 2023

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") establishes a test procedure for fans and blowers, including air circulating fans, and incorporates by reference the relevant industry test standards for: measuring the fan electrical input power and determining the fan energy index of fans and blowers other than air-circulating fans; and measuring the fan airflow in cubic feet per minute per watt of electric power input of air-circulating fans. In this final rule, DOE also establishes supporting definitions, requirements for alternative efficiency determination methods, and sampling requirements.

Full Text

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<title>Federal Register, Volume 88 Issue 83 (Monday, May 1, 2023)</title>
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[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Rules and Regulations]
[Pages 27312-27394]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08696]

[[Page 27311]]

Vol. 88

Monday,

No. 83

May 1, 2023

Part III

Department of Energy

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10 CFR Parts 429 and 430

Energy Conservation Program: Test Procedure for Fans and Blowers; Final
Rule

Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Rules and
Regulations

[[Page 27312]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2021-BT-TP-0021]
RIN 1904-AF17

Energy Conservation Program: Test Procedure for Fans and Blowers

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') establishes a test
procedure for fans and blowers, including air circulating fans, and
incorporates by reference the relevant industry test standards for:
measuring the fan electrical input power and determining the fan energy
index of fans and blowers other than air-circulating fans; and
measuring the fan airflow in cubic feet per minute per watt of electric
power input of air-circulating fans. In this final rule, DOE also
establishes supporting definitions, requirements for alternative
efficiency determination methods, and sampling requirements.

DATES: The effective date of this rule is May 31, 2023. All
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with this test procedure beginning October 30, 2023. To the
extent the test procedure established in this document is required only
for the evaluation and issuance of newly established efficiency
standards, use of the test procedure is not required until the
implementation date of such new standards. The incorporation by
reference of certain materials listed in the rule is approved by the
Director of the Federal Register on May 31, 2023.

ADDRESSES: 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 those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2021-BT-TP-0021">www.regulations.gov/docket/EERE-2021-BT-TP-0021</a>. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket, contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: <a href="/cdn-cgi/l/email-protection#38794848545159565b5d6b4c59565c594a5c4b694d5d4b4c5157564b785d5d165c575d165f574e">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9879. Email: <a href="/cdn-cgi/l/email-protection#9edfeeeef2f7fff0fdfbcdeafff0faffecfaedcfebfbedeaf7f1f0eddefbfbb0faf1fbb0f9f1e8">[email&#160;protected]</a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#2b4a464e47424a055c43425f42454c6b435a054f444e054c445d">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:
DOE incorporates by reference the following industry standards into
10 CFR part 431:
ANSI/AMCA Standard 210-16 (AMCA 210-16), ``Laboratory Methods of
Testing Fans for Certified Aerodynamic Performance Rating,'' August 26,
2016. (Co-published as ASHRAE 51-16).
ANSI/AMCA Standard 214-21 (AMCA 214-21), ``Test Procedure for
Calculating Fan Energy Index for Commercial and Industrial Fans and
Blowers,'' March 1, 2021.
ANSI/AMCA Standard 230-23 (AMCA 230-23), ``Laboratory Methods of
Testing Air Circulating Fans for Rating and Certification,'' February
10, 2023.
ANSI/AMCA Standard 240-15 (AMCA 240-15), ``Laboratory Methods of
Testing Positive Pressure Ventilators for Aerodynamic Performance
Rating,'' May 9, 2015.
Copies of AMCA 210-16, AMCA 214-21, AMCA 230-23, and AMCA 240-15
can be obtained from the Air Movement and Control Association
International (AMCA), 30 West University Drive, Arlington Heights, IL
60004-1893, (847) 394-0150, or by going to <a href="http://www.amca.org">www.amca.org</a>.
ISO 5801:2017(E), ``Fans--Performance testing using standardized
airways,'' Third Edition, September 2017.
ISO 80079-36:2016, ``Explosive atmospheres--Part 36: Non-electrical
equipment for explosive atmospheres--Basic method and requirements,''
Edition 1.0, February 2016.
Copies of ISO 5801:2017(E) and ISO 80079-36:2016 can be obtained
from the International Organization for Standardization (ISO), Chemin
de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland, or by going
to <a href="http://www.iso.org">www.iso.org</a>.
UL 705 (UL 705-2022), ``Standard for Safety for Power
Ventilators,'' Edition 7, July 19, 2017 (including revisions through
August 19, 2022).
Copies of UL 705-2022 can be obtained from Underwriters
Laboratories (UL), 333 Pfingsten Road, Northbrook, IL 60062 or
<a href="http://www.shopulstandards.com">www.shopulstandards.com</a>.
For a further discussion of these standards, see section IV.N of
this document.

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General
B. Scope of Applicability
1. Fans and Blowers Inclusions
2. Fans and Blowers Exclusions
3. Embedded Fans and Blowers Exclusions
4. Air Circulating Fans
5. Non-Electric Drivers
6. Replacement Fans and Blowers
7. Material Handling and Heavy Industrial Processing Fans and
Blowers
C. Definitions
1. Fan and Blower Categories
2. Safety Fans
3. Definitions Related to Heat Rejection Equipment
4. Air Circulating Fans
5. Outlet Area
6. Air Curtains
7. Basic Model
D. Industry Standards
E. Adoption and Modification of the Industry Standards
1. Combined Motor and Controller Efficiency Calculation
2. Annex A of AMCA 214-21
3. Annex E of AMCA 214-21
4. Section 6.5 of AMCA 214-21 and Annex F
5. Annex H and Annex I of AMCA 214-21
6. Section 8.3 of AMCA 214-21
7. Measurement of PVR Performance
8. Embedded Fans and Blowers
9. Wire-to-Air Performance for Air Circulating Fans
10. Total Pressure Calculation for Air Circulating Fans
11. Appurtenances
12. Voltage, Phase, and Frequency
13. Test Speeds for Air Circulating Fans
14. Run-In Requirements
15. Determination of Equilibrium and Test Stability
16. Test Figures for Air Circulating Fans
17. Location of External Airflow Measurement
18. Transducer Type Barometer
19. Reference Fan Electric Input Power Calculation for Air
Circulating Fans
20. Rounding
F. Distinguishing Between Fans and Blowers and Air Circulating
Fans
G. Metric
1. Metric for Fans and Blowers Other Than Air Circulating Fans
2. Metric for Air Circulating Fans
H. Control Credit Approach for Fans and Blowers Other Than Air
Circulating Fans

[[Page 27313]]

I. Alternative Energy Determination Method (AEDM)
1. Validation
2. Additional AEDM Requirements
3. AEDM Verification Testing
4. Engineered-to-Order
J. Sampling Plan
K. Enforcement Provisions
L. Effective and Compliance Dates
M. Test Procedure Costs and Impacts
1. Cumulative Costs and Burden
2. Estimated Costs for Building and Testing of Fans and Blowers
Other Than Air Circulating Fans at an In-House Facility
3. Estimated Costs for Building and Testing Air Circulating Fans
at an In-House Facility
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
1. Creation of Testing Facility--General Fans
2. AEDM Creation and Testing Costs--General Fans
3. Creation of Testing Facility--Air Circulating Fans
4. AEDM Creation and Testing Costs--Air Circulating Fans
5. Total Costs
6. Certification Statement
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

On August 19, 2021, DOE published a coverage determination
classifying fans and blowers as covered equipment under 42 U.S.C.
6311(2)(A) and 6312(b). 86 FR 46579 (``August 2021 Final Coverage
Determination''). DOE does not currently have a test procedure or
energy conservation standard for fans and blowers. The following
sections discuss DOE's authority to establish a test procedure for fans
and blowers and relevant background information regarding DOE's
consideration of test procedures for this equipment.

A. Authority

The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part C \2\ of EPCA, added by Public Law 95-619, Title
IV, section 441(a), established the Energy Conservation Program for
Certain Industrial Equipment, which sets forth a variety of provisions
designed to improve energy efficiency. EPCA provides that DOE may
include a type of industrial equipment, including fans and blowers, as
covered equipment if it determines that to do so is necessary to carry
out the purposes of Part A-1. (42 U.S.C. 6311(2)(B)(ii) and (iii); 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)(B)) 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)) As stated, on August 19,
2021, DOE published a final determination in which DOE determined that
fans and blowers meet the three statutory criteria for classifying
industrial equipment as covered (42 U.S.C. 6311(2)(A)), because fans
and blowers are a type of industrial equipment which: (1) in operation
consume, or are designed to consume, energy; (2) are to a significant
extent distributed in commerce for industrial or commercial use; \3\
and (3) are not covered under 42 U.S.C. 6291(a)(2). 86 FR 46579, 46585-
46588. DOE also determined that coverage of fans and blowers is
necessary to carry out the purposes of Part A-1. 86 FR 46579, 46588.
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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), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\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.''
\3\ 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.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6311), test
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316; 42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE
must use these test procedures to determine whether the equipment
complies with relevant standards promulgated under EPCA. (42 U.S.C.
6316(a); 42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a); 42 U.S.C. 6297). DOE may, however, grant waivers of
Federal preemption for particular State laws or regulations, in
accordance with the procedures and other provisions of EPCA. (42 U.S.C.
6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered equipment. EPCA requires that any test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect energy efficiency, energy use or estimated annual
operating cost of a given type of covered equipment during a
representative average use cycle (as determined by the Secretary) and
requires that test procedures not be unduly burdensome to conduct. (42
U.S.C. 6314(a)(2))

B. Background

As discussed, on August 19, 2021, DOE published in the Federal
Register a final coverage determination classifying fans and blowers as
covered equipment. 86 FR 46579. DOE determined that the term ``blower''
is interchangeable with the term ``fan.'' 86 FR 46579, 46583. DOE
defines a fan (or blower) as a rotary bladed machine used to convert
electrical or mechanical power to air power, with an energy output
limited to 25 kilojoule (``kJ'') per 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. 10 CFR
431.172.
Prior to the August 2021 Final Coverage Determination, DOE
published a notice of intent to establish an Appliance Standards and
Rulemaking Federal Advisory Committee (``ASRAC'') Working Group
(``Working

[[Page 27314]]

Group'') for fans and blowers. 80 FR 17359 (April 1, 2015). The Working
Group \4\ commenced negotiations at an open meeting on May 18, 2015,
and held 16 meetings and three webinars to discuss scope, metrics, test
procedures, and standard levels for fans.\5\ The Working Group
concluded its negotiations on September 3, 2015, and, by consensus
vote,\6\ approved a term sheet containing recommendations for DOE on
the scope of a test procedure, and energy conservation standards for
fans. The term sheet containing the Working Group recommendations
(``term sheet'') is available in the fans energy conservation standard
rulemaking docket. (Docket No. EERE-2013-BT-STD-0006, No. 179) \7\
ASRAC approved the term sheet on September 24, 2015. (Docket No. EERE-
2013-BT-NOC-0005, Public Meeting Transcript, No. 58 at p. 29)
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\4\ 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 Inc.; 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.
\5\ 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>.
\6\ 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.
\7\ 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. The
parenthetical reference provides a reference for information located
in DOE Docket No. EERE-2021-BT-TP-0021. If the information was
submitted to a different DOE docket, the DOE docket number is
additionally specified in the reference.
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On January 10, 2020, DOE received a notice of petition from the Air
Movement and Control Association (``AMCA''), Air Conditioning
Contractors of America, and Sheet Metal & Air Conditioning Contractors
of America (``the Petitioners'') requesting that DOE establish test
procedures for certain categories of commercial and industrial fans
based on an industry test method in development, AMCA 214. DOE
published a notice of this petition with a request for public comment
on April 23, 2020; \8\ 85 FR 22677 (``April 2020 Notice of Petition'').
As part of the April 2020 Notice of Petition, DOE sought data and
information pertinent to whether amended test procedures would (1)
accurately measure energy efficiency, energy use, or estimated annual
operating cost of fans during a representative average use cycle; and
(2) not be unduly burdensome to conduct. 85 FR 22677, 22679.
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\8\ At the time of the petition, AMCA 214-21 was available as a
draft version (AMCA 214).
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On October 1, 2021, DOE published a request for information
pertaining to potential test procedures for fans and blowers. 86 FR
54412 (``October 2021 RFI''). In the October 2021 RFI, DOE identified a
variety of issues on which it sought input to determine whether, and if
so how, potential test procedures for fans and blowers, including air
circulating fans, would: (1) comply with the requirements in EPCA that
test procedures be reasonably designed to produce test results that
reflect energy use during a representative average use cycle, and (2)
not be unduly burdensome to conduct. Id. In response to requests from
stakeholders,\9\ DOE extended the comment period 14 days to November
15, 2021. 86 FR 59308 (Oct. 27, 2021).
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\9\ AMCA requested a 21-day extension (AMCA, No. 2 at p. 1).
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DOE published a notice of proposed rulemaking (``NOPR'') for the
test procedure on July 25, 2022. 87 FR 44194 (hereafter, the ``July
2022 NOPR''). DOE held a public meeting related to this NOPR on August
2, 2022 (hereafter, the ``NOPR public meeting''). DOE received several
comments \10\ requesting a comment extension ranging from 15 to 60
days, some commenters also requested a second public meeting/workshop.
In particular, the Air-Conditioning, Heating, and Refrigeration
Institute (``AHRI'') commented that the complexity of the commercial
fans rulemaking warrants additional time for stakeholder feedback and
recommended that DOE reconsider the request for an open meeting and
reopen the comment period so that all stakeholders have ample
opportunity for discourse on the implementation of an incredibly
complex rule, adding that the 60-day comment period was not sufficient.
(AHRI, No. 40 at pp. 3-4, 5) DOE determined that the length of the
comment period provided a meaningful opportunity to comment on the NOPR
and did not provide an extension.\11\
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\10\ AMCA and AHRI, No. 19 at p. 1; AHAM, No. 20 at p. 1; CA
IOUs, No. 21 at pp. 1-2; NEEA, No. 22 at p. 1, JCI, No. 23 at p. 1;
AHAM, No. 24 at p. 1.
\11\ DOE posted a copy of the pre-Federal Register publication
of the fans and blowers test procedure NOPR on the DOE website and
notified stakeholder organizations via email on June 24, 2022, which
provided stakeholders approximately 30 days for review of that copy
in addition to the 60-day comment period that was announced in the
notice published in the Federal Register on July 25, 2022. A public
meeting was held on August 2, 2022, and the written comment period
closed on September 23, 2022.
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DOE received comments in response to the July 2022 NOPR from the
interested parties listed in Table I-1.

Table I-1--List of Commenters With Written Submissions in Response to the July 2022 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final
Commenter(s) rule Comment No. in the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance AHAM................... 35....................... Trade Association.
Manufacturers.
Air-Conditioning, Heating, and AHRI................... 40....................... Trade Association.
Refrigeration Institute.
Air Movement and Control Association AMCA................... 13, 41................... Trade Association.
International.
Appliance Standards Awareness Efficiency Advocates... 32....................... Efficiency
Project, American Council for an Organizations.
Energy-Efficient Economy, Natural
Resources Defense Council.
California Investor-Owned Utilities: CA IOUs................ 37....................... Utilities.
Pacific Gas and Electric Company,
San Diego Gas and Electric, and
Southern California Edison.
California Energy Commission........ CEC.................... 30....................... Manufacturer.
ebm-papst Inc....................... ebm-papst.............. 31....................... Manufacturer.
Greenheck Group..................... Greenheck.............. 39....................... Manufacturer.

[[Page 27315]]

Johnson Controls.................... JCI.................... 34....................... Manufacturer.
Morrison Products Inc............... Morrison............... 42....................... Manufacturer.
New York Blower..................... New York Blower........ 33....................... Manufacturer.
Northwest Energy Efficiency Alliance NEEA................... 36....................... Efficiency
Organization.
Robinson Fans Holdings.............. Robinson............... 43....................... Manufacturer.
Trane Technologies.................. Trane.................. 38....................... Manufacturer.
----------------------------------------------------------------------------------------------------------------

A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\12\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the NOPR public meeting, DOE cites the written comments
throughout this final rule. DOE identified one oral comment from Nidec
Motor Corporation (``Nidec'') regarding stability determination that is
summarized and addressed in section III.E.16.a.; one comment from ASAP
generally supporting the test procedure rulemaking summarized and
addressed in section III.A; one comment from Daikin related to embedded
fans exclusions summarized and addressed in section III.B.3.b; and one
comment from Loren Cook Company (``Loren Cook'') related to test burden
summarized and addressed in section III.E.12 of this document. All
other comments provided during the webinar are substantively addressed
by written comments.
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\12\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for fans and blowers. (Docket No. EERE-2021-BT-TP-
0021, maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>.) The references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).
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In addition, DOE notes that it received several comments \13\ that
were not related to the test procedure and instead relate to potential
energy conservation standards. DOE will address these comments in a
separate rulemaking pertaining to energy conservation standards.
---------------------------------------------------------------------------

\13\ See AHRI, No. 40 at pp. 7, 8, 9-10, 12-14; CA IOUs, No. 37
at pp. 1-3.
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On November 21, 2022, AMCA, as well as AMCA members (ebm-papst, Big
Ass Fans, Greenheck, New York Blower, and Twin City Fan), ASAP, and
NEEA met with DOE to discuss several items related to the fan and
blower test procedure during an ex-parte meeting. (AMCA No. 45, at pp.
1-12)

II. Synopsis of the Final Rule

In this final rule, DOE adopts a test procedure for fans and
blowers in subpart J of 10 CFR part 431 and modifies 10 CFR part 429,
as follows:
<bullet> Establishes the scope of the test procedure for fans and
blowers as to include standalone and embedded fans and blowers (i.e.,
fans and blowers incorporated into other equipment) that are either:
axial inline fans; axial panel fans; centrifugal housed fans;
centrifugal unhoused fans; centrifugal inline fans; radial-housed fans;
power roof/wall ventilators (``PRVs''); or air circulating fans with
input power greater than or equal to 125 W; and excluding some fans
that are embedded in other products or equipment; and excluding radial
housed unshrouded fans with a diameter less than 30 inches or a blade
width of less than 3 inches; safety fans; induced flow fans; jet fans;
cross-flow fans; fans manufactured exclusively to be powered by
internal combustion engines; fans that create a vacuum of 30 inches
water gauge (``in. wg'') or greater; and fans designed and marketed to
operate at or above 482 degrees Fahrenheit (250 degrees Celsius). In
addition, for fans and blowers other than air circulating fans, the
test procedure only applies to duty points with fan shaft input power
equal to or greater than 1 horsepower and fan air power equal to or
less than 150 horsepower.
<bullet> Defines ``axial inline fan,'' ``axial panel fan,''
``centrifugal housed fan,'' ``centrifugal unhoused fan,'' ``centrifugal
inline fan,'' ``radial-housed fan,'' ``power roof ventilator,''
``cross-flow fan,'' ``induced flow fan,'' ``jet fan,'' ``basic model,''
``safety fan,'' ``air circulating fan,'' and related terms.
<bullet> Adopts through reference in newly adopted appendix A to
subpart J of 10 CFR part 431 (``appendix A'') certain provisions of
ANSI/AMCA 214-21, ``Test Procedure for Calculating Fan Energy Index for
Commercial and Industrial Fans and Blowers'' (``AMCA 214-21''), with
modifications, as the test procedure for determining FEP and FEI of
fans and blowers other than circulating fans;
<bullet> Adopts through reference in newly adopted appendix B to
subpart J of 10 CFR part 431 (``appendix B'') certain provisions of
ANSI/AMCA 230-23, ``Laboratory Methods of Testing Air Circulating Fans
for Rating and Certification,'' with modifications, as the test
procedure for determining efficacy in cubic feet per minute (``CFM'')
per watt (``W'') (``CFM/W'');
<bullet> Adopts through reference certain provisions of the
following industry standards referenced by AMCA 214-21: ANSI/AMCA 210-
16, (``AMCA 210-16'') ``Laboratory Methods of Testing Fans for
Certified Aerodynamic Performance Rating'' and ISO 5801:2017(E), ``Fans
Performance testing using standardized airways'' (ISO 5801:2017).
<bullet> Establishes fan and blower sampling requirements and
provisions related to determining represented values in 10 CFR 429.69;
<bullet> Establishes an alternative efficiency determination method
(``AEDM'') for fans and blowers in 10 CFR 429.70; and
The adopted requirements are summarized in Table II-1.

[[Page 27316]]

Table II-1--Summary of Adopted Requirements
----------------------------------------------------------------------------------------------------------------
Applicable preamble
Topic Location in CFR Adopted requirements discussion
----------------------------------------------------------------------------------------------------------------
Scope.............................. 10 CFR 431.174........ Establish the scope of the Section III.B.
test procedure for fans
and blowers as to include
standalone and embedded
fans and blowers (i.e.,
fans and blowers
incorporated into other
equipment) that are
either: axial inline fans;
axial panel fans;
centrifugal housed fans;
centrifugal unhoused fans;
centrifugal inline fans;
radial-housed fans; power
roof/wall ventilators; or
air circulating fans with
input power greater than
or equal to 125 W; and
excluding some fans that
are embedded in other
products or equipment; and
excluding radial housed
unshrouded fans with
diameter less than 30
inches or a blade width of
less than 3 inches; safety
fans; induced flow fans;
jet fans; cross-flow fans;
fans manufactured
exclusively to be powered
by internal combustion
engines; fans that create
a vacuum of 30 in. wg or
greater; and fans designed
and marketed to operate at
or above 482 degrees
Fahrenheit (250 degrees
Celsius). In addition, for
fans and blowers other
than air circulating fans,
the test procedure is
applicable to duty points
with fan shaft input power
equal to or greater than 1
horsepower and fan air
power equal to or less
than 150 horsepower.
Definitions........................ 10 CFR 431.172........ Define ``axial inline Section III.C.
fan,'' ``axial panel
fan,'' ``centrifugal
housed fan,''
``centrifugal unhoused
fan,'' ``centrifugal
inline fan,'' ``radial-
housed fan,'' ``power roof
ventilator,'' ``cross-flow
fan,'' ``induced flow
fan,'' ``jet fan,''
``basic model,'' ``safety
fan,'' ``air circulating
fan,'' and related terms.
Test Procedure..................... 10 CFR 431.174........ Establish FEI as the metric Sections III.D, III.E,
for fans and blowers other III.F and III.G.
than air circulating fans;
incorporate by reference
AMCA 214-21, AMCA 210-16,
and provide additional
instructions for
determining the FEI (and
other applicable
performance
characteristics) for fans
and blowers other than air
circulating fans.
Establish the efficacy
(CFM/W) as the metric for
air circulating fans;
incorporate by reference
AMCA 230-23 and provide
additional instructions
for determining the
efficacy (and other
applicable performance
characteristics) for air
circulating fans.
Sampling Plan...................... 10 CFR 429.69......... Specify the minimum number Section III.J.
of fans or blowers to be
tested to rate a basic
model and determine
representative values.
AEDM............................... 10 CFR 429.70......... Establish requirements for Section III.I.
applying an alternative
energy use determination
method.
----------------------------------------------------------------------------------------------------------------

DOE's test method for fans and blowers includes measurements of
pressure, flow rate, and fan shaft or electrical input power, all of
which are required to calculate FEP, FEI, and efficacy (CFM/W) as
applicable, as well as other quantities to characterize rated fan and
blower performance (e.g., speed). DOE has determined that the relevant
sections of AMCA 214-21, AMCA 210-16, and AMCA 230-23, in conjunction
with the additional provisions adopted in this test procedure, would
produce test results that reflect the energy efficiency and energy use
of a fan or blower during a representative average use cycle. (42
U.S.C. 6314(a)(2)) Additionally, DOE has determined that the test
procedure, which is based on the relevant industry testing standard,
would not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) DOE's
analysis of the burdens associated with the proposed test procedure is
presented in section III.M of this document.
The effective date for the test procedure adopted in this final
rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the test procedure beginning 180
days after the publication of this final rule.

III. Discussion

In the following sections, DOE establishes test procedures and
related definitions for fans and blowers in subpart J of part 431,
sampling plans for this equipment, an alternative efficiency
determination method (``AEDM'') for this equipment, and enforcement
provisions for this equipment. In the following sections, DOE provides
relevant background information, discusses and responds to relevant
public comments, and presents the adopted requirements.

A. General

ASAP commented in general support of the July 2022 NOPR. (Public
Meeting transcript, No. 18 at p. 5)
AHRI commented that in the Table of Contents of the NOPR, DOE lists
a section ``C. Deviation from the Process Rule;'' however, no such
section can be found in the NOPR. AHRI noted that according to Section
3(a) of 10 CFR part 430, subpart C, appendix A, DOE may,

[[Page 27317]]

as necessary, deviate from [the Process Rule] to account for specific
circumstances of a particular rulemaking, and interested parties will
receive notice of the deviation and explanation. AHRI recommended that
DOE reopen the comment period to include the missing ``Section C.
Deviation from the Process Rule'' that includes an explanation for the
deviation so that the public can respond and provide meaningful
comments. AHRI stated that DOE has failed to be transparent in the NOPR
in providing no notice or explanation of any deviation from the
applicable guidance of appendix A. (AHRI, No. 40 at pp. 2-3)
AHAM commented that DOE did not provide notice and explanation for
deviations from the Process Rule, although the table of contents
included such section. Nevertheless, AHAM noted that it is clear that
DOE deviated from the Process Rule at least with regard to the comment
period, although DOE did not explain why. AHAM commented that instead
of the process rule's required 75-day comment period for test
procedures, DOE provided only 60 (which has become DOE's common
practice regardless of the particular rulemaking). AHAM stated that DOE
declined several parties' requests to extend that comment period
despite substantive reasons necessitating more time and reasonable
extension requests that would not meaningfully extend DOE's rulemaking
process requested. In addition, AHAM commented that a longer comment
period was required for manufacturers to test products using DOE's
proposed tests. In addition, AHAM noted that AHAM members struggled to
understand whether the proposed test procedure would implicate consumer
fans and/or fans used in home appliances in the allotted time. AHAM
stated that denying reasonable requests for modest comment period
extensions will not ultimately streamline DOE's efforts and will result
in increased resource needs for the Department to respond to
stakeholder meeting requests and supplemental documents, which would
lengthen the rulemaking process. AHAM commented that in the future, DOE
should allow for reasonable extensions to comment periods in order to
increase the quality of responses to its requests for comment and the
overall accuracy of its final rules. (AHAM, No. 35 at pp. 7-8)
AMCA noted that incorporating air circulating fans in the test
procedure NOPR at a time when AMCA 230 was undergoing revisions added
considerable time and efforts in addition to having to review the
expected material and AMCA commented that DOE denied multiple
stakeholder requests for a 30-day extension. AMCA further commented
that an ex-parte meeting after the pre-publication of the NOPR and
before the publication of the NOPR would have benefited stakeholders
and potentially improved the NOPR. (AMCA No. 41 at p. 2)
DOE did not deviate from 10 CFR part 430, subpart C, appendix A
(``appendix A''), applicable to fans and blowers under 10 CFR 431.4,
and did not include such discussion in the July 2022 NOPR. DOE notes
however that a section title for this section was not deleted from the
table of contents and should have been deleted.
In addition, appendix A does not prescribe any mandatory comment
period for test procedure NOPRs. A 60-day period is the typical period
that DOE provides for all NOPRs, which exceeds the 45-day minimum
required by EPCA. (See 42 U.S.C. 6314(b)(2)) As previously noted, the
pre-publication version of the NOPR was publicly available for 30 days
for stakeholders to review prior to publication of the NOPR. As such,
the timing and sequence of this rulemaking has been conducted
consistent with the provisions in appendix A. Additionally, the intent
of the pre-publication version of a document is to provide stakeholders
with additional time to review and prepare comments. Further, DOE
provided opportunity for written comments and subsequent ex-parte
meeting, as previously discussed, and comments from all stakeholders
were considered in finalizing this test procedure pertaining to fans
and blowers as discussed in section III of this document.
AHRI commented that the proposed test procedure will exacerbate
supply chain issues, contradicting Executive Order 14017.\14\ AHRI
commented that supply chain disruptions have been lowering the
competitiveness of the HVAC industry and hindering AHRI manufacturing
capabilities. AHRI commented that trade distortions and the COVID-19
pandemic have resulted in shortages of essential components and led to
delays and costly inflation at every stage of the manufacturing supply
chain. AHRI commented that the immediacy of the implementation of a
test procedure change serves to exacerbate near-term supply chain
disruptions, and that these issues are made worse with ongoing labor
shortages, and added together, disrupt domestic production, and result
in temporary shutdowns, reduced sales, increased consumer costs, and
delayed delivery of critical products.\15\ AHRI further provided a
description of current supply issues experienced by its members and
commented that such regulatory burdens by DOE and others have left
manufacturers in an almost constant state of redesign and testing. AHRI
added that innovation is no longer as important as just modifying
products to meet what AHRI described as new and ever-changing
regulatory burdens. (AHRI, No. 40 at pp. 15-17)
---------------------------------------------------------------------------

\14\ Executive Order on America's Supply Chains, February 24,
2021. Available at: <a href="http://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains">www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains</a>.
\15\ AHRI referenced appendix A of the Supply Chain Disruptions
Affect Viability of U.S. Manufacturing Sector white paper, published
by AHRI, AHAM, NAFEM, and NEMA. Available at <a href="http://www.nema.org/docs/default-source/advocacy-document-library/joint-association-supply-chain-white-paper.pdf?sfvrsn=1763ed3b_2">www.nema.org/docs/default-source/advocacy-document-library/joint-association-supply-chain-white-paper.pdf?sfvrsn=1763ed3b_2</a>.
---------------------------------------------------------------------------

DOE has determined that establishing a test procedure will not
impact the availability of current models. The test procedure does not
establish any energy conservation standards and does not result in any
non-compliant fans. Section III.M of this document discusses DOE's
analysis of testing costs and burden as a result of establishing this
test procedure.
Morrison commented that the proposed new metric and testing plans
was inconsistent with 2015 ASRAC WG term sheet agreement and
disregarded the 11 years of work that went into this challenging and
groundbreaking rulemaking effort. (Morrison No. 42 at p.1) As discussed
in section III.G.1 of this document, DOE did not propose a new metric
in the July 2022 NOPR. Further in this final rule, DOE is adopting a
minimum sample size of one unit in line with the term sheet as
discussed in section III.J of this document.

B. Scope of Applicability

This rulemaking applies to fans and blowers. A fan or blower is
defined as a rotary bladed machine that is used to convert electrical
or mechanical power to air power with an energy output limited to 25
kilojoule (``kJ'')/kilogram (``kg'') of air. 10 CFR 431.172. It
consists of an impeller, a shaft and bearings and/or a driver to
support the impeller, as well as a structure or housing. Id. A fan or
blower may include a transmission, driver, and/or motor controller. Id.
As discussed, DOE has classified fans and blowers as covered equipment.
86 FR 46579. ``Covered equipment'' consists of certain industrial
equipment, which is classified by the Secretary according to section
6312(b) and excludes covered

[[Page 27318]]

products, other than industrial equipment that is a component of a
covered product. (42 U.S.C. 6311(1) and (2)(A)(iii)) DOE explained in
the coverage determination that fans and blowers, the subjects of this
rulemaking, do not include ceiling fans and furnace fans, as defined at
10 CFR 430.2. See 86 FR 46579, 46586. DOE also noted 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. Id. at fn.
26.
In the August 2021 Final Coverage Determination, DOE did not
establish definitions for specific categories of fans and blowers. DOE
stated that it would consider specific categories of fans and blowers
and the scope of applicability of test procedures and energy
conservation standards in its respective rulemakings. 86 FR 46579,
46585.
This section discusses the fans and blowers that DOE includes in
the scope of applicability of the test procedure, as well as
exemptions.
1. Fans and Blowers Inclusions
This section discusses fans and blowers, other than air circulating
fans, proposed for inclusion in the scope of applicability of the test
procedure. Air circulating fans are discussed in section III.B.4 of
this document.
The Working Group recommended that the test procedure be applicable
to certain classifications of fans and blowers, listed in Table III-8
of this document. (Docket No. EERE-2013-BT-STD-0006, No. 179,
Recommendation #1 at p. 1) The Working Group did not provide
definitions for the specified classifications of the fans and blowers
identified for inclusion in the scope of a test procedure. AMCA 214-21
provides terms and associated definitions for certain classifications
of fans and blowers that correspond to the Working Group
recommendation. The Working Group further recommended that the test
procedure apply only to the fan operating points (i.e., duty points)
with a fan shaft power equal to or greater than 1 horsepower (``hp'')
and fan air power \16\ equal to or less than 150 hp. The Working Group
recommended that air power be calculated using static pressure for
unducted fans (``static air power'') and total pressure for ducted fans
(``total air power'').\17\ (Docket No. EERE-2013-BT-STD-0006, No. 179,
Recommendation #5 at p. 4)
---------------------------------------------------------------------------

\16\ The air power of a fan is the fan's output power. It is
proportional to the product of the fan airflow rate and the fan
pressure.
\17\ The terms ``ducted'' and ``unducted'' refer to the
recommended test configuration used when conducting a fan test.
Appendix C of the term sheet specifies which fan categories are
typically ducted (i.e., tested using a ducted outlet and for which
the FEI is calculated on a total pressure basis): axial cylindrical
housed, centrifugal housed (excluding inline and radial), inline and
mixed flow, radial housed; and which fan types are considered
unducted (i.e., tested with a free outlet and for which the FEI is
calculated on a static pressure basis): panel, centrifugal unhoused
(excluding inline and radial), and power roof ventilators.
---------------------------------------------------------------------------

In the July 2022 NOPR, DOE noted that on February 24, 2022, the
California Energy Commission (``CEC'') published a proposed rulemaking
for fans and blowers that includes terms and definitions that
correspond to the Working Group recommendations.\18\ The CEC proposed
to cover the following fan categories: axial inline, axial panel,
centrifugal housed, centrifugal unhoused, centrifugal inline, radial
housed, and power roof/wall ventilators, and to define these terms
largely based on the definitions in AMCA 214-21, with revisions to
indicate a fan's intended application and if a fan's inlet or outlet
can be (optionally, as applicable) ducted. In addition, the CEC
proposal considers fans and blowers that have a rated fan shaft power
greater than or equal to 1 horsepower, or, for fans without a rated
shaft input power, an electrical input power greater than or equal to 1
kW, and a fan output power less than or equal to 150 horsepower.\19\ 87
FR 44194, 44199.
---------------------------------------------------------------------------

\18\ All documents related to this rulemaking can be found in
the rulemaking Docket 22-AAER-01 accessible at: <a href="http://www.energy.ca.gov/rules-and-regulations/appliance-efficiency-regulations-title-20/appliance-efficiency-proceedings-11">www.energy.ca.gov/rules-and-regulations/appliance-efficiency-regulations-title-20/appliance-efficiency-proceedings-11</a>.
\19\ See Proposed regulatory language for Commercial and
Industrial Fans and Blowers available in the following Docket: 22-
AAER-01 at: <a href="http://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01">efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01</a>.
---------------------------------------------------------------------------

In the July 2022 NOPR, DOE proposed to include all fans and blowers
that are included within the scope of AMCA 210-16 (referenced by AMCA
214-21) and proposed that the test procedure would be applicable to the
following fans and blowers, with exclusions discussed in sections
III.B.2 and III.B.3 of this document: (1) axial inline fan; (2) axial
panel fan; (3) centrifugal housed fan; (4) centrifugal unhoused fan;
(5) centrifugal inline fan; (6) radial-housed fan; and (7) power roof/
wall ventilator (``PRV'').\20\ 87 FR 44194, 44200. (See section III.C.1
of this document for definitions of these terms)
---------------------------------------------------------------------------

\20\ PRVs include: Centrifugal PRV exhaust fans; Centrifugal PRV
supply fans; and Axial PRVs, as defined in AMCA 214-21.
---------------------------------------------------------------------------

AMCA supported the proposed standalone fan inclusions and did not
provide comments regarding embedded fans. (AMCA, No. 41 at p. 5) New
York Blower commented that the fans and blowers proposed for inclusion
in the DOE test procedure are appropriate. (New York Blower, No. 33 at
p. 6)
DOE did not receive any other comments on this issue and includes
all fans and blowers within the scope of AMCA 210-16 (referenced by
AMCA 214-21) in the scope of the DOE test procedure. As such, DOE
specifies that the test procedure is applicable to the following fans
and blowers, with exclusions discussed in sections III.B.2 and III.B.3
of this document: (1) axial inline fan; (2) axial panel fan; (3)
centrifugal housed fan; (4) centrifugal unhoused fan; (5) centrifugal
inline fan; (6) radial-housed fan; and (7) PRV.
In the July 2022 NOPR, DOE proposed that the scope of the test
procedure cover fans and blowers with a fan shaft input power equal to
or greater than 1 horsepower and a fan static or total air power equal
to or less than 150 horsepower. DOE proposed the lower 1 hp limit to
match the technical applicability of the AMCA 214-21 and AMCA 210-16
test procedures. DOE proposed the upper air power limit at this time
because fans that operate above the proposed upper limit are typically
custom orders and are too large to be tested in a laboratory setting.
In addition, DOE noted that these limits are in line with the Working
Group recommendations and the CEC scope. 87 FR 44194, 44200-44201.
In the July 2022 NOPR, DOE tentatively determined that the 1 hp fan
shaft power lower limit may not be a practical unit of measurement for
all fans because some fans are designed such that the measurement of
the shaft input power is not feasible, and the only feasible
measurement is the FEP, which is measured in units of kW. For example,
some fans incorporate the bare shaft and the motor in the same enclosed
housing and do not provide access to the fan shaft (i.e., between the
motor and the fan), where the measurement of the fan shaft power would
be conducted. DOE relied on the motor efficiency equations provided in
section 6.4.2.3 of AMCA 214-21 to convert the fan shaft power into
electrical input power \21\ and has tentatively determined that 0.89 kW
is appropriate to establish a standardized equivalent to the 1 hp fan
shaft input power limit. Additionally, section 6.5.3.1.3 ``Fan
Efficiency Requirements'' of ANSI/ASHRAE/IES 90.1, ``Energy Standard
for Buildings except Low-Rise Residential Buildings (2019)'' (``ASHRAE
90.1-2019'') relies on the value of 0.89 kW as the corresponding

[[Page 27319]]

threshold to a value of 1 hp of shaft input power. Accordingly, DOE
proposed that the test procedure would be applicable to a fan or blower
with duty points \22\ with the following characteristics: (1) a fan
shaft input power equal to or greater than 1 horsepower and a fan
static or total air power equal to or less than 150 horsepower, or (2)
a FEP equal to or greater than 0.89 kW and a fan static or total air
power equal to or less than 150 horsepower. 87 FR 44194, 44200.
---------------------------------------------------------------------------

\21\ The electrical input power is equal to the fan shaft input
power divided by the motor efficiency.
\22\ A duty point is characterized by a given airflow and
pressure and has a corresponding operating speed.
---------------------------------------------------------------------------

In addition, AMCA 214-21 distinguishes between fans that use a
total pressure basis \23\ and fans that use a static pressure
basis.\24\ In the July 2022 NOPR, DOE proposed to establish the 150 hp
upper limit in terms of total air power for fans and blowers that use a
total pressure basis FEI and would be required to be tested with a
ducted outlet according to the proposed provisions adopted through
reference to AMCA 214-21. For fans and blowers that use a static
pressure basis FEI and would be required to be tested using a free
outlet under the provisions of AMCA 214-21, DOE proposed to establish
the air power limit in terms of static air power. 87 FR 44194, 44200-
44201.
---------------------------------------------------------------------------

\23\ This includes: centrifugal housed fans, radial housed fans,
centrifugal inline fans, centrifugal PRVs Supply, and Axial Inline
fans. (See Table 7.1 of AMCA 214-21.)
\24\ This includes: Centrifugal unhoused fans, Centrifugal PRVs
Exhaust, Axial Panel fans, Axial PRVs. (See Table 7.1 of AMCA 214-
21.)
---------------------------------------------------------------------------

Finally, to define total air power, DOE proposed to rely on the
definition of ``fan output power'' in AMCA 210-16. DOE proposed to
define ``total air power'' as the total power delivered to air by the
fan; it is proportional to the product of the fan airflow rate, the fan
total pressure, and the compressibility coefficient and is calculated
in accordance with section 7.8.1 of AMCA 210-16. See the definition of
``fan output power'' in Section 3.1.31 of AMCA 210-16 and calculation
formulas in section 7.8.1 of AMCA 210-16. DOE also proposed to define
``static air power'' as the static power delivered to air by the fan;
it is proportional to the product of the fan airflow rate, the fan
static pressure, and the compressibility coefficient and is calculated
in accordance with section 7.8.1 of AMCA 210-16, using static pressure
instead of total pressure. 87 FR 44194, 44201.
In response to the July 2022 NOPR, AMCA commented in support of the
basis of the proposed power limits based on fan air power, fan shaft
input power and fan electrical input power. In terms of scope, AMCA
added that fans deliver air power, defined generally as pressure
multiplied by volume flow rate. AMCA stated that by limiting the top
end of the scope to air power, as opposed to electrical input power, a
less efficient fan is not allowed to escape regulation by consuming a
larger amount of electrical input power to deliver a similar amount of
air power. Regarding the low side of the scope related to power, for
bare fans, AMCA commented that shaft input power is the appropriate
measure because there is no driver. For fans tested wire-to-air, AMCA
commented that the appropriate measure is electrical input power.
(AMCA, No. 41 at p. 5)
Morrison commented in support of the proposed power limits
(Morrison, No. 42 at p. 2)
New York Blower commented that the proposed power limits were
appropriate. New York Blower commented that the limits are configured
in a manner that captures products at the low end of fan powers and
does not allow less efficient products at the high end to escape
regulation by being less efficient. However, New York Blower noted that
the July 2022 NOPR implies that if a fan is capable of operating within
the scope of regulation, it should be regulated under all possible
operating conditions. New York Blower commented that such approach
would remove the upper limit of scope considering that practically any
fan could be slowed down enough to operate within the proposed scope.
Instead, New York Blower commented that for applications that operate
at the high end of the proposed scope, fan performance is typically
attached to the fan and that these types of fans are not sold as a
distributed product--like a fan in a box--but configured and applied to
the application. Thus, for these fans, New York Blower recommended that
the industry be regulated for fans configured and identified as
operating within scope and for identical products operating outside the
scope, the product not be regulated. (New York Blower, No. 33 at p. 7)
ebm-papst commented that testing of larger fans becomes
exponentially more burdensome and recommended that DOE exempt all fans
that have at least one duty point at an air power above 150 horsepower.
Otherwise, according to ebm-papst, many speed adjustable industrial
fans become subject to this regulation even if just a small portion of
the operating map is below 150 hp or air power. (ebm-papst, No. 31 at
p. 1)
Robinson commented that they are not in favor of the inclusion of
duty points within the power range. Robinson commented that custom fan
equipment is often selected at a duty point well beyond the horsepower
limitation, but included within the operational requirements are
operating duty points that fall within the horsepower range. Robinson
asked if the manufacturer is only required to make a representation
regarding that single duty point. Robinson added that in some
instances, customers cannot obtain a desired duty point through speed
control, and therefore duty points must be attained through damper
control. Inclusion of these appurtenances in testing will significantly
multiply testing requirements to make an assertation regarding FEP,
FEI, etc. and result in over-designed fans. (Robinson, No. 43 at p. 4)
The CA IOUs commented that DOE should rely on the best efficiency
point (``BEP'') \25\ as the criteria for whether a fan falls within the
power input range and air horsepower to determine if a fan is within
the scope of the test procedure. The CA IOUs commented that DOE
proposed that the test procedure applies to a fan or blower with duty
points greater than one horsepower and equal to or less than 150
horsepower. Therefore, fans with a single duty point of less than 150
air horsepower would be within the scope of this rulemaking. The CA
IOUs asserted that fans with variable speed drives, regardless of size,
are bound to have duty points less than 150 horsepower. The CA IOUs
also stated that there are also many small fans, particularly forward-
curved fans, with a few points and shaft input power greater than one
horsepower at the extreme right end of the fan curve. The CA IOUs
recommended that DOE change this exclusion to fans where the BEP is
less than or equal to one horsepower or greater than 150 hp. (CA IOUs,
No. 37 at p. 10)
---------------------------------------------------------------------------

\25\ The BEP represents the flow and pressure values at which
the fan total efficiency (ratio of total air power to fan shaft
input power) is maximized when operating a given speed.
---------------------------------------------------------------------------

As noted, the Working Group recommended that the test procedure be
only applicable to the fan operating points with a fan shaft power
equal to or greater than 1 horsepower (``hp'') and fan air power equal
to or less than 150 hp. (Docket No. EERE-2013-BT-STD-0006, No. 179,
Recommendation #5 at p. 4) In line with this approach, DOE adopts the
power limits as proposed in the July 2022 NOPR and corresponding
definitions of static air power (``fan static air power'') and total
airpower

[[Page 27320]]

(fan total air power''). DOE further clarifies that the test procedure
is only applicable to the fan or blower duty points with the following
characteristics: (1) a fan shaft input power equal to or greater than 1
horsepower and a fan static or total air power equal to or less than
150 horsepower, or (2) a FEP equal to or greater than 0.89 kW and a fan
static or total air power equal to or less than 150 horsepower. When
determining the duty points of a basic model, to establish whether a
fan includes duty points that meet the scope requirements in terms of
power limit, DOE will refer to published data, marketing literature,
and other publicly available information about the range of operation
(i.e., flow, speed, and pressure) of each basic model. If the
manufacturer only includes 1 single duty point in the fan operating
range, then the manufacturer is only required to make a representation
at that one point. In addition, DOE follows the Working Group
recommendation for establishing the scope power limit as proposed in
the July 2022 NOPR. Finally, the limit recommended by the Working Group
recommendation was set to capture the design points that represent the
majority of the market and therefore corresponds to a limit in terms
design point not BEP. (EERE-2013-BT-STD-0006, Public Meeting
Transcript, No. 161 at pp. 96, 100-101) In line with this Working Group
recommendation, DOE is not relying on BEP to establish the scope of the
test procedure.
Regarding fans that are designed to operate outside of the power
limits but that may include duty points that fall in the scope, DOE
notes that the manufacturer would be required to test such a fan at the
duty points that fall in the scope of the test procedure. Regarding
testing with accessories, DOE addresses this issue in section III.E.12
of this document.
2. Fans and Blowers Exclusions
The Working Group recommended the exclusion of circulating fans
(also known as air circulating fans), induced flow fans, jet fans, and
cross-flow fans. (Docket No. EERE-2013-BT-STD-0006, No. 179,
Recommendation #2 at pp. 2-3) The Working Group also recommended the
exclusion of safety fans due to low operating hours and specific design
features that impair efficiency (e.g., high tip clearance), and a
subset of radial fans that are used for material handling applications
\26\ (e.g., to move paper dust, sand, etc.).\27\ (Docket No. EERE-2013-
BT-STD-0006, No. 179, Recommendation #2 at pp. 2-3) Table III-1 of this
document presents the exclusions recommended by the Working Group.
---------------------------------------------------------------------------

\26\ Specifically, radial housed unshrouded fans, which means a
radial housed fan for which the impeller blades are attached to a
backplate and hub (i.e., open radial blade), or to a hub only (i.e.,
open paddle wheel), and with an open front at the impeller's inlet.
These are different than radial shrouded fans, for which the
impeller blades are attached to a backplate and to a ring or
``shroud'' at the impeller's inlet.
\27\ The discussions of the Working Group related to these
exclusions can be found in the meeting transcripts, available in the
fan's energy conservation standard rulemaking docket. (Docket No.
EERE-2013-BT-STD-0006, Public Meeting Transcript, No. 161 at pp. 63-
70; Public Meeting Transcript, No. 85 at pp. 60-62).

Table III-1--Fan Categories Recommended for Exclusion by the Working
Group
------------------------------------------------------------------------
Fan category recommended for exclusion
by the working group * Definition in AMCA 214-21
------------------------------------------------------------------------
Radial housed unshrouded fan with Included in the definition
diameter less than 30 inches or a ``radial housed fan'' as noted
blade width of less than 3 inches. in Table III[dash]1.
Safety fan............................. Not defined in AMCA 214-21.
Induced flow fan....................... ``Induced flow fan'' means a
type of laboratory exhaust fan
with a nozzle and windband;
the fan's outlet airflow is
greater than the inlet airflow
due to induced airflow. All
airflow entering the inlet
exits through the nozzle.
Airflow exiting the windband
includes the nozzle airflow
plus the induced airflow.
Jet fan................................ ``Jet fan'' means a fan
designed and marketed
specifically for producing a
high velocity air jet in a
space to increase its air
momentum. Jet fans are rated
using thrust. Inlets and
outlets are not ducted but may
include acoustic silencers.
Cross-flow fan......................... ``Cross-flow fan'' means a fan
with a housing that creates an
airflow path through the
impeller in a direction at
right angles to its axis of
rotation and with airflow both
entering and exiting the
impeller at its periphery.
Inlets and outlets can
optionally be ducted.**
------------------------------------------------------------------------
* Note: The Working Group also recommended the exclusion of circulating
fans (Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendation #2 at
pp. 2-3), which are defined in AMCA 214-21 as a fan that is not a
ceiling fan that is used to move air within a space that has no
provision for connection to ducting or separation of the fan inlet
from its outlet. The fan is designed to be used for the general
circulation of air. Circulating fans are discussed in Section III.B.4
of this document.
** Excluded from AMCA 214-21 and defined in ANSI/AMCA Standard 208,
``Calculation of the Fan Energy Index for calculating FEI'' (``AMCA
208-18'').

The Petitioners requested that the scope of any future DOE test
procedure be consistent with the scope described in the term sheet and
requested the exclusion of fans that cannot be tested per AMCA 210-16
(i.e., the physical test method referenced in AMCA 214-21).\28\ The
Petitioners also requested that the scope of the test procedure be
consistent with ASHRAE 90.1-2019. (Docket No. EERE-2020-BT-PET-0003,
The Petitioners, No. 1, attachment ``AMCA Petition to DOE Cover Letter
and Petition [sic] 2020110'' at pp. 7-8)
---------------------------------------------------------------------------

\28\ For example, circulating fans, ceiling fans, desk fans, jet
tunnel fans, and induced flow fans (e.g., used in laboratory exhaust
systems). This is consistent with the scope of the term sheet.
---------------------------------------------------------------------------

Table III-2 of this document compares the scope exclusions
requested by the Petitioners in accordance with the commercial and
industrial fan and blower requirements in ASHRAE 90.1-2019 and the
scope of exclusions as recommended by the Working Group (other than
embedded fans and blowers). In the July 2022 NOPR, DOE reviewed the fan
and blower exclusions to section 6.5.3.1.3 of ASHRAE 90.1-2019 ``Fan
Efficiency Requirements'' as listed in Table III-2 of this document and
tentatively determined that these exclusions are covered by the
exclusions recommended by the Working Group. 87 FR 44194, 44201-44202.

[[Page 27321]]

Table III-2--Exceptions to Section 6.5.3.1.3 of ASHRAE 90.1-2019 ``Fan
Efficiency Requirements''
[Other than for embedded fans and blowers]
------------------------------------------------------------------------
Exceptions to section 6.5.3.1.3 of Included in the exclusions
ASHRAE 90.1-2019 ``fan efficiency recommended by the working
requirements'' group?
------------------------------------------------------------------------
Fans that are not embedded fans with a Yes.
motor nameplate horsepower of less
than 1.0 hp or with a fan nameplate
electrical input power of less than
0.89 kW.
Ceiling fans........................... Yes (Note: ceiling fans are not
within the scope of the
definition of fans and
blowers).
Fans used for moving gases at Yes (safety fans).
temperatures above 482 degrees
Fahrenheit.
Fans used for operation in explosive Yes (safety fans).
atmospheres.
Reversible fans used for tunnel Yes (jet fans, safety fans).
ventilation.
Fans outside the scope of AMCA 208-18.. Yes (AMCA 208-18 references the
scope of AMCA 210-16).
Fans that are intended to operate only Yes (safety fans).
during emergency conditions.
------------------------------------------------------------------------

In the July 2022 NOPR, DOE noted that in its proposed rulemaking
for commercial and industrial fans and blowers, the CEC proposed to
exclude the following categories of fans: (1) safety fans (see section
III.C.2 of this document for more details on this definition); (2)
ceiling fans as defined in 10 CFR 430.2; (3) circulating fans; (4)
induced flow fans; (5) jet fans; (6) cross-flow fans; (7) embedded fans
as defined in ANSI/AMCA 214-21; \29\ (8) fans mounted in or on motor
vehicles or other mobile equipment; (9) fans that create a vacuum of 30
in. wg or greater; \30\ and (10) air curtain unit.\31\ 87 FR 44194,
44202. See Table III-3 and section III.B.3 for a discussion of embedded
fans and air curtain units and section III.B.5 for a discussion of fans
mounted in or on motor vehicles or other mobile equipment.
---------------------------------------------------------------------------

\29\ As defined in ANSI/AMCA 214-21: ``A fan that is part of a
manufactured assembly where the assembly includes functions other
than air movement.''
\30\ CEC proposed excluding these fans because AMCA 214-21 is
not applicable to this equipment. See CEC's Initial Statement of
Reason, available at <a href="http://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01">efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01</a>.
\31\ When the NOPR was issued, the CEC defined an air curtain
unit as equipment providing a directionally controlled stream of air
moving across the entire height and width of an opening that reduces
the infiltration or transfer of air from one side of the opening to
the other and/or inhibits the passage of insects, dust, or debris.
87 44194, 44260 fn 25.

Table III-3--Fans Recommended for Exclusion by the Working Group and the
Corresponding CEC Proposed Exclusions
------------------------------------------------------------------------
Corresponding term and
Fans recommended for exclusion by the definition proposed for
working group * exclusion in CEC proposed
regulatory text
------------------------------------------------------------------------
Radial housed unshrouded fan with Not excluded by the CEC
diameter less than 30 inches or a proposed regulatory text.
blade width of less than 3 inches.
Safety fan............................. ``Safety Fan'' See section
III.C.2 of this document.
Induced flow fan....................... ``Induced flow fan'' means a
type of laboratory exhaust fan
with nozzle and windband; the
fan's outlet airflow is
greater than the inlet airflow
due to induced airflow. All
airflow entering the inlet
exits through the nozzle.
Airflow exiting the windband
includes the nozzle airflow as
well as the induced airflow.
Jet fan................................ ``Jet fan'' means a fan
designed and marketed
specifically to produce a high-
velocity air jet in a space to
increase its air momentum. Jet
fans are rated using thrust.
Inlets and outlets are not
ducted but may include
acoustic silencers.
Cross-flow fan......................... ``Cross-flow fan'' means a fan
with a housing that creates an
airflow path through the
impeller, in a direction at
right angles to the axis of
rotation and with airflow both
entering and exiting the
impeller at the periphery.
Inlets and outlets can
optionally be ducted.
------------------------------------------------------------------------
* Note: The Working Group also recommended the exclusion of circulating
fans, which are also excluded from the CEC proposed regulation and
defined as a fan that is not a ceiling fan that is used to move air
within a space, that has no provision for connection to ducting or
separation of the fan inlet from its outlet. The fan is designed to be
used for the general circulation of air. Circulating fans are
discussed in section III.B.4 of this document.

In the July 2022 NOPR, DOE reviewed the exclusions recommended by
the Working Group, the exclusions requested by the Petitioners, the
exclusions provided in the proposed CEC regulations, and comments
received and proposed to exclude from the proposed DOE test procedure
the following fans and blowers: (1) radial housed unshrouded fans with
a diameter less than 30 inches or a blade width of less than 3 inches;
(2) safety fans; (3) induced flow fans; (4) jet fans; and (5) cross-
flow fans. 87 FR 44194, 44202.
AMCA commented in support of the proposed exclusions of (1) radial
housed unshrouded fans with a diameter less than 30 inches or a blade
width of less than 3 inches; (2) safety fans; (3) induced flow fans;
(4) jet fans; and (5) cross-flow fans. AMCA noted that these are
consistent with the ASRAC term sheet. (AMCA, No. 41 at p. 6)
DOE did not receive any other comments on these exclusions and thus
excludes from the DOE test procedure

[[Page 27322]]

the following fans and blowers: (1) radial housed unshrouded fans with
a diameter less than 30 inches or a blade width of less than 3 inches;
(2) safety fans; (3) induced flow fans; (4) jet fans; and (5) cross-
flow fans.
In the July 2022 NOPR, DOE also stated that it was considering
including an exclusion, consistent with the findings of the CEC, for
fans that create a vacuum of 30 in. wg or greater. DOE tentatively
determined that a test using AMCA 210-16 may not result in a
measurement of energy use or energy efficiency during a representative
average use cycle for fans that are exclusively used to create a vacuum
rather than produce airflow. 87 FR 44194, 44203.
In response to the July 2022 NOPR, the CEC recommended excluding
fans that create a vacuum of 30 in. wg or greater because these fans
have different operating conditions (run in stall) and will require a
different way to measure their efficiency. (CEC, No. 30 at p. 2)
The CA IOUs requested that DOE exclude fans that create a vacuum of
30 in. wg or greater from the proposed scope. The CA IOUs explained
that typically, fans that create a high vacuum operate in the unstable
range and must be reinforced with heavy housings and oversized bearings
to handle unstable operating conditions. The CA IOUs stated that DOE
may consider the 30 in. wg. too low and if so, requested DOE find an
appropriate level. (CA IOUs, No. 37 at . 8)
DOE has determined that a test using AMCA 210-16 may not result in
a measurement of energy use or energy efficiency during a
representative average use cycle for fans that are exclusively used to
create a vacuum rather than produce airflow. As noted by the CEC and
the CA IOUs, these fans operate in the stalling region (or unstable
range). Further as noted by the CEC, such fans would require a
different way to measure their efficiency. Therefore, in this final
rule, DOE excludes fans that create a vacuum of 30 in. wg or greater.
Additionally, as discussed in section III.C.2 of this document, DOE
excludes fans that designed and marketed to operate at or above 482
degrees Fahrenheit (250 degrees Celsius).
3. Embedded Fans and Blowers Exclusions
In addition to the specific exclusions discussed in the prior
section, DOE also proposed excluding certain ``embedded'' fans from the
scope of the test procedure. Fans can be distributed in commerce as
standalone equipment or can be distributed in commerce incorporated
into other equipment that requires a fan to operate. 87 FR 44194,
44203.
Section 3.25.3 of AMCA 214-21 defines a ``standalone fan'' as ``a
fan in at least a minimum testable configuration. This includes any
driver, transmission or motor controller if included in the rated fan.
It also includes any appurtenances included in the rated fan, and it
excludes the impact of any surrounding equipment whose purpose exceeds
or is different than that of the fan.'' \32\ Section 3.25.4 of AMCA
214-21 defines the term ``embedded fan'' as ``a fan that is part of a
manufactured assembly where the assembly includes functions other than
air movement.''
---------------------------------------------------------------------------

\32\ Additionally, AMCA 214-21 defines a minimum testable
configuration as ``A fan having at least an impeller; shaft and
bearings and/or driver to support the impeller; and its structure or
its housing.'' See Section 3.53 of AMCA 214-21.
---------------------------------------------------------------------------

The Working Group recommended excluding certain embedded fans. See
Table III-4 of this document. (Docket No. EERE-2013-BT-STD-0006, No.
179, Recommendations #2 and #3 at pp. 2-4)

Table III-4--Embedded Fans Recommended for Exclusion by the Working
Group
------------------------------------------------------------------------
Fans embedded in:
-------------------------------------------------------------------------
Single-phase central air conditioners and heat pumps rated with a
certified cooling capacity less than 65,000 British thermal units per
hour (``Btu/h''), that are subject to DOE's energy conservation
standard at 10 CFR 430.32(c).
Three-phase, air-cooled, small commercial packaged air-conditioning and
heating equipment rated with a certified cooling capacity less than
65,000 Btu/h, that are subject to DOE's energy conservation standard at
10 CFR 431.97(b).
Residential furnaces that are subject to DOE's energy conservation
standard at 10 CFR 430.32(y).
Transport refrigeration (i.e., Trailer refrigeration, Self-powered truck
refrigeration, Vehicle-powered truck refrigeration, Marine/Rail
container refrigerant), and fans exclusively powered by internal
combustion engines.
Vacuum cleaners.*
Heat Rejection Equipment:
<bullet> Packaged evaporative open circuit cooling towers.
<bullet> Evaporative field-erected open circuit cooling towers.
<bullet> Packaged evaporative closed-circuit cooling towers.
<bullet> Evaporative field-erected closed-circuit cooling towers.
<bullet> Packaged evaporative condensers.
<bullet> Field-erected evaporative condensers.
<bullet> Packaged air-cooled (dry) coolers.
<bullet> Field-erected air-cooled (dry) coolers.
<bullet> Air-cooled steam condensers.
<bullet> Hybrid (water saving) versions of all of the previously
listed equipment that contain both evaporative and air-cooled heat
exchange sections.
Air curtains.
Air-cooled commercial package air conditioners and heat pumps (CUAC,
CUHP) with a certified cooling capacity between 5.5 tons (65,000 Btu/h)
and 63.5 tons (760,000 Btu/h) that are subject to DOE's energy
conservation standard at 10 CFR 431.97(b).**
Water-cooled and evaporatively-cooled commercial air conditioners and
water-source commercial heat pumps that are subject to DOE's energy
conservation standard at 10 CFR 431.97(b).**
Single package vertical air conditioners and heat pumps that are subject
to DOE's energy conservation standard at 10 CFR 431.97(d).**
Packaged terminal air conditioners (PTAC) and packaged terminal heat
pumps (PTHP) that are subject to DOE's energy conservation standard at
10 CFR 431.97(c).**
Computer room air conditioners that are subject to DOE's energy
conservation standard at 10 CFR 431.97(e).**

[[Page 27323]]

Variable refrigerant flow multi-split air conditioners and heat pumps
that are subject to DOE's energy conservation standard at 10 CFR
431.97(f).**
------------------------------------------------------------------------
* Although the term sheet specifies ``vacuum,'' the term was intended to
designate vacuum cleaners. (Docket No. EERE-2013-BT-STD-0006; AHRI,
Public Meeting Transcript, No. 166 at p. 11).
** The recommendation only applies to supply and condenser fans embedded
in this equipment.

Stated more generally, the exclusions recommended by the Working
Group would exclude from the scope of the test procedure fans that are
embedded in regulated equipment for which the DOE metric captures the
energy consumption of the fan.\33\
---------------------------------------------------------------------------

\33\ The Working Group created a subgroup to propose potential
embedded fan exclusions, which were subsequently voted on by the
Working Group. The information used by the subgroup to develop the
proposal is available in the fans energy conservation standard
rulemaking docket. (Docket No. EERE-2013-BT-STD-0006, No. 125.2)
---------------------------------------------------------------------------

The Working Group further recommended for fans embedded in non-
regulated equipment, and/or embedded in regulated equipment other than
listed in Appendix B of the term sheet, and/or any fans that are not
supply and condenser fans in regulated equipment listed in Appendix B
of the term sheet, that the first manufacturer of a testable
configuration \34\ would be responsible for certifying the standalone
fan performance to DOE. (Docket No. EERE-2013-BT-STD-0006, No. 179,
Recommendation #4 at p. 4) \35\
---------------------------------------------------------------------------

\34\ AMCA 214-21 defines the ``minimal testable configuration''
as a fan having at least an impeller; shaft and bearings and/or
driver to support the impeller; and its structure or its housing.
\35\ As part of this recommendation, the Working Group also
recommended that if a manufacturer purchases a standalone fan to
incorporate in a product or in equipment, that manufacturer must
ensure that the design operating range (or design point) of the
embedded fan is within the certified operating range of the
standalone fan and disclose the design operating range (or design
point) of the embedded fan to the end-user. This issue does not
relate to the test procedure and is not discussed in this document.
---------------------------------------------------------------------------

The Petitioners requested that the scope of any DOE test procedure
be consistent with the scope of the term sheet. The Petitioners also
requested the test-procedure scope for commercial fans be consistent
with ASHRAE 90.1-2019, and additionally exclude embedded fans that are
part of equipment listed in section 6.4.1.1 of ASHRAE 90.1-2019. ASHRAE
90.1-2019 (See Table III-6 of this document). (Docket No. EERE-2020-BT-
PET-0003, The Petitioners, No. 1, attachment ``AMCA Petition to DOE
Cover Letter and Petition [sic] 2020110'' at pp. 7-8)
The additional exclusions for embedded fans that are part of
equipment listed in section 6.4.1.1 of ASHRAE 90.1-2019 as requested by
AMCA are included in the fan and blower exclusions to section 6.5.3.1.3
of ASHRAE 90.1-2019, ``Fan Efficiency Requirements,'' and presented in
Table III-5 of this document.

Table III-5--Embedded Fan and Blower Exclusions to Section 6.5.3.1.3 of
ASHRAE 90.1-2019 ``Fan Efficiency Requirements''
------------------------------------------------------------------------
Embedded fan and blower exclusions to Included in the exclusion
section 6.5.3.1.3 of ASHRAE 90.1-2019, recommended by the working
``fan efficiency requirements'' group?
------------------------------------------------------------------------
Embedded fans and fan arrays with a No.
combined motor nameplate horsepower of
5 hp or less or with a fan system
electrical input power of 4.1 kW or
less.
Embedded fans that are part of See Table III[dash]7.
equipment listed under section
6.4.1.1..
Embedded fans included in equipment No.
bearing a third party-certified seal
for air or energy performance of the
equipment package.
------------------------------------------------------------------------

Table III-6--Equipment Listed in Section 6.4.1.1 of ASHRAE 90.1-2019
``Minimum Equipment Efficiencies--Listed Equipment--Standard Rating and
Operating Conditions''
------------------------------------------------------------------------
Included in the embedded fan
Fans embedded in: exclusions recommended by the
working group?
------------------------------------------------------------------------
Electrically Operated Unitary Air Partially. This category
Conditioners. includes equipment above
760,000 Btu/h. The exclusions
in the term sheet apply only
to fans embedded in equipment
above 65,000 Btu/h and below
760,000 Btu/h (equivalent to
5.5 tons and 63.5 tons,
respectively as stated in the
term sheet). In addition, the
term sheet specifies that the
exclusions would apply only to
embedded ``supply and
condenser fans.''
Electrically Operated Air-Cooled Partially. This category
Unitary Heat Pumps. includes equipment above
760,000 Btu/h. The exclusions
in the term sheet apply only
to fans embedded in equipment
below 760,000 Btu/h. In
addition, the term sheet
specifies that the exclusion
would apply only to embedded
``supply and condenser fans.''
Air-, water-, and evaporatively cooled Yes, these fans are below 1 hp.
Condensing Units. In addition, it is specified
in Table 6.8.1-1 of ASHRAE
90.1-2019 that this category
only includes equipment
greater than or equal to
135,000 Btu/h.
Water-Chilling Packages................ No.
Electrically Operated Packaged Terminal Yes. However, the term sheet
Air Conditioners, Packaged Terminal specifies that the exclusion
Heat Pumps, Single-Package Vertical would apply only to embedded
Air Conditioners, and Single-Package ``supply and condenser fans.''
Vertical Heat Pumps.

[[Page 27324]]

Room Air-conditioners and Air- Yes. These fans are below 1 hp.
conditioner Heat pumps.
Warm-Air Furnaces and Combination Warm- No.
Air Furnaces/Air-Conditioning Units,
Warm-Air Duct Furnaces, and Unit
Heaters.
Gas- and Oil-Fired Boilers............. Partially. Some of these fans
are below 1 hp.
Heat-Rejection Equipment............... Yes.
Electrically Operated Variable- Yes. However, the term sheet
Refrigerant-Flow Air Conditioners. specifies that the exclusion
would apply only to embedded
``supply and condenser fans.''
Electrically Operated Variable- Partially. This category
Refrigerant-Flow and Applied Heat includes ground water source
Pumps. and ground source equipment
that is not regulated by DOE
and that was not included in
the term sheet exclusions. In
addition, the term sheet
specifies that the exclusion
would apply only to embedded
``supply and condenser fans.''
Floor-Mounted Air Conditioners and Partially. This category
Condensing Units Serving Computer includes equipment greater
Rooms. than or equal to 760,000 Btu/
h, which are not regulated by
DOE.
Commercial Refrigerators, Commercial Yes. These fans are below 1 hp.
Freezers, and Refrigeration.
Vapor-Compression-Based Indoor Pool Yes. These fans are below 1 hp.
Dehumidifiers.
Electrically Operated direct-expansion No.
dedicated outdoor air system Units,
Single-Package and Remote Condenser,
without Energy Recovery.
Electrically Operated direct-expansion No.
dedicated outdoor air system Units,
Single-Package and Remote Condenser,
with Energy Recovery.
Electrically Operated Water-Source Heat Partially. This category
Pumps. includes ground water source
and ground source equipment
that is not regulated by DOE
and was not included in the
term sheet exclusions. In
addition, the term sheet
specifies that the exclusion
would apply only to embedded
``supply and condenser fans.''
Heat Pump and Heat Recovery Chiller No.
Packages.
Ceiling-Mounted Computer-Room Air Partially. The term sheet only
Conditioners. excludes embedded fans in
computer room air conditioners
that are subject to DOE energy
conservation standards.
Walk-In Cooler and Freezer Display Door Yes. These fans are below 1 hp.
Walk-In Cooler and Freezer Non-Display Yes. These fans are below 1 hp.
Door.
Walk-In Cooler and Freezer Yes. These fans are below 1 hp.
Refrigeration System.
------------------------------------------------------------------------

In the July 2022 NOPR, DOE noted that in its proposed regulation,
the CEC proposed to exclude embedded fans, as defined in AMCA 214-21,
including embedded fans in air curtain units.\36\ In its staff report,
the CEC stated that its proposal would exclude fans embedded in
regulated and non-regulated equipment where the main function is other
than the movement of air, as long as the fan is not sold or offered for
sale as a standalone product.\37\ As reasons for exclusion, the CEC
stated that these fans are either manufactured by an original equipment
manufacturer (OEM), who embeds the fan in a piece of equipment where
the main function is something other than the movement of air, or
because they are manufactured for the purpose of being embedded into an
appliance after market.\38\ The CEC also discussed the potential
complexity of testing embedded fans and the accuracy of the results.
See section III.E.9 of this document for further discussion related to
testing 87 FR 44194, 44206-44207.
---------------------------------------------------------------------------

\36\ See Proposed regulatory language for Commercial and
Industrial Fans and Blowers, Docket No. 22-AAER-01 at
<a href="http://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01">efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01</a>.
Note: Since the publication of the July 2022 NOPR, on September 9,
2022, the CEC has published Express terms with implemented
amendments to the proposed regulation for Commercial and Industrial
Fans and Blowers Efficiency.
\37\ See CEC Commercial and Industrial Fans and Blowers Staff
Report, Docket No. 22-AAER-01, TN #241951 at p. 16.
\38\ Id.
---------------------------------------------------------------------------

In the July 2022 NOPR, DOE proposed to exclude fans embedded in
equipment listed in Table III-4 of this document, as long as the fan is
not distributed in commerce as a standalone product, consistent with
the Working Group term sheet scope recommendations related to embedded
fans. (Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendations #2
and #3 at pp. 2-4) DOE noted that the equipment listed in Table III-4
of this document includes equipment that is separately regulated by DOE
(``covered equipment'') as well as non-covered equipment (i.e.,
transportation refrigeration equipment, vacuum cleaners, heat rejection
equipment, and air curtains). 87 FR 44194, 44207. The rest of this
section discusses the comments received on each proposed exclusion and
DOE's decision for this final rule.
Greenheck commented that DOE should consider adopting the ASAP/
NRDC/ACEEE proposal to CEC \39\ regarding the issue of embedded fans in
equipment. Greenheck commented that the recommendation includes a two-
phase rulemaking approach allowing for expeditious rulemaking in phase
one for fans, while continuing to provide additional opportunities for
energy savings in phase two for built-up equipment that includes
embedded fans. Greenheck commented that including embedded fans in the
scope adds significant complexity and a two-phase approach would
provide time for additional investigation of all impacts for embedded
fans. In addition, Greenheck noted that equipment incorporating fans
are already tested at a component level, or as an entire system to AHRI
test standards, building energy codes, and in some cases, DOE test
standards (e.g., dedicated outdoor air systems equipment). Further,

[[Page 27325]]

Greenheck commented that it, as well as other manufacturers of
equipment that include a combination of fans, heating, cooling,
filtration, energy recovery, and/or other components, publishes
performance data for embedded fans as installed in the equipment.
Greenheck commented that performance data for the fan in the minimum
testable configuration is typically not available and to comply with
the scope of the DOE NOPR, manufacturers would have to retest embedded
fans in their minimum testable configuration. Greenheck commented that
the testing burden is significant and will force manufacturers to
prioritize their resources on the testing required to comply with this
regulation, rather than improving the overall efficiency of the
equipment. Greenheck asserted that the embedded fans are only a portion
of the overall energy consumption of these products and that regulating
the equipment holistically like AHRI 920 for direct-expansion dedicated
outdoor air systems (``DX-DOASes'') will result in the largest
reduction in energy consumption. (Greenheck, No. 39 at pp. 5-6)
---------------------------------------------------------------------------

\39\ See: <a href="http://efiling.energy.ca.gov/GetDocument.aspx?tn=224830">efiling.energy.ca.gov/GetDocument.aspx?tn=224830</a>.
---------------------------------------------------------------------------

AHAM opposed the development of test procedures, energy
conservation standards, and/or certification requirements for
categories of commercial and industrial fans and blowers that are
component parts of home appliances and supported a finished-product
approach to energy efficiency regulation. AHAM commented that expanding
the test procedure or coverage to embedded fans used in home appliances
could push finished product manufacturers to more expensive components
and increase the cost of appliances and equipment, while not
necessarily improving the energy performance of the finished product
and potentially impacting the efficacy of products such as range hoods.
AHAM added that it would significantly increase burden on manufacturers
if manufacturers of products that incorporate embedded fans are
suddenly forced to certify compliance with standards for component
parts, including the testing, paperwork, and record-keeping
requirements that accompany certification and the risks associated with
enforcement. AHAM commented that the manufacturer additional burden
would not be outweighed by a corresponding benefit. Further, AHAM
stated a concern that for both for embedded fans and air circulating
fans, the proposed efficiency requirements could drive performance
challenges due to reduced air flow. AHAM commented that given that many
products using fans are used to improve indoor air quality, such as
range hoods/downdraft fans, this is an undesirable result, which could
impact consumer health and safety for the long term. In addition, for
air circulating fans, AHAM commented that this would reduce the
performance of the primary function of the fan. AHAM also commented
that for covered products, there is no benefit to requiring embedded
fans to meet an energy conservation standard or to be tested. AHAM
stated that those products are already regulated by DOE and many
manufacturers turn to more efficient designs that include components,
such as more efficient fans to meet more stringent energy conservation
standards. (AHAM, No. 35 at pp. 6-7)
AHRI commented that DOE is proposing changes to the scope of test
procedures for commercial fans that would include fans destined for
particular applications in finished goods. AHRI stated disagreement
with DOE's plan to expand the existing scope of coverage of commercial
fans to include these products. AHRI commented that embedded fan
testing, and ultimately energy conservation standards, would save
minimal, if any, energy and would create needless testing, paperwork,
and record-keeping requirements that would raise costs for consumers.
In addition, AHRI commented that the foreword of AMCA 214-21 notes,
``AMCA Standard 214 primarily is for fans that are tested alone or with
motors and drives; it does not apply to fans tested embedded inside of
other equipment.'' AHRI commented that there is no normative procedure
for applying a stand-alone fan metric to embedded applications and
therefore recommended to only include stand-alone fans in this
regulation. (AHRI, No. 40 at p. 8) In addition, AHRI commented that
there are a variety of safety standards affected by air flow in
addition to the performance standards. AHRI commented that testing of
all legacy equipment because of a fan change will be cost and resource
prohibitive. AHRI added that if a replacement fan is not compliant
then, in most cases, an engineered-to-fit substitution would be
required, along with requisite reliability, robustness assurance
actions, and safety standard compliance. AHRI commented that costs,
risks, and time required to retest heating, ventilation, air-
conditioning and refrigeration (``HVACR'') and water heating equipment
would all be prohibitive and could be impractical if the HVACR and
water heating equipment are out of production. Further, AHRI commented
that manufacturers would be forced to rebuild an out-of-production unit
solely for the purpose of testing the new fan or risk abandoning a
reasonable repair path for consumers. AHRI further stated that there
may be instances where such part substitution makes sense, but that is
not a reasonable basis for a broad scope to a component's test
procedure. (AHRI, No. 40 at pp. 9-10)
JCI commented that the proposed changes will likely result in
elimination of current fans for those products ``outside the scope'' of
this rulemaking as an unintended consequence as fan manufactures will
seek to standardize designs and eliminate options. Therefore, per the
recommendation of the term sheet, JCI recommends that all embedded fans
be excluded from the scope of this rulemaking. JCI further commented
that there also appears to be a major design limitation as there are
few if any existing outdoor condenser fan designs, which have a FEI >
1.0. JCI stated that this issue by itself presents a major design and
test hurdle as direct drive plenum fans are not designed to be utilized
in a traditional outdoor, condenser exhaust configuration such as a
rooftop unit. (JCI, No. 34 at p. 2)
DOE notes that this final rule does not establish any certification
requirements and energy conservation standards for fans and blowers and
would not require any fan replacements or redesigns and would not
result in any changes in fan performance, or in the elimination of fan
models, or in the need to retest HVARC equipment, or added
certification burden. In addition, as discussed in section III.B.3.b of
this document, DOE is implementing exclusions for fans embedded in
covered equipment where the DOE metric already captures the energy use
of the fans, such as supply and condenser fans embedded in DX-DOASes
subject to any DOE test procedures in appendix B to subpart F of part
431. Finally, as discussed in section III.E.9 of this document, DOE
determined that some fan manufacturers test embedded fans as standalone
fans and therefore DOE has determined that there is value in
establishing a standardized test method for these fans.
AHRI commented that as DOE has indicated in a prior notice of
proposed determination and request for comment on small electric
motors, DOE should maintain consistency in its rulemaking process and
seek to establish regulatory coverage over equipment rather than the
components in such equipment. (AHRI, No. 40 at p. 9)
Trane commented that if changing an embedded fan necessitates the
re-optimization or redesign of Trane's

[[Page 27326]]

products, it will be forced to make trade-offs within the design of the
product itself in order to maintain the most cost-competitive price
point. Trane stated that for products which must already meet an energy
performance metric that captures the fans, including the majority of
fans in large commercial unitary air conditioners and air compressors,
this will mean an energy-neutral change to the overall performance of
the product. As an example, if a Trane large commercial air conditioner
must be redesigned to accommodate a larger supply fan, downgrades to
the compressors and/or heat exchangers would have to be made in order
to control costs. The new product would have a similar Integrated
Energy Efficiency Ratio (IEER)--washing out the energy savings from the
supply fan--but would be larger, more expensive, and sub-optimal.
(Trane, No. 38 at p. 3)
DOE notes that this final rule does not establish any energy
conservation standards for fans and blowers and would not impact the
efficiency and performance of fans embedded in covered equipment or
products. In addition, EPCA provides that no standard prescribed for
small electric motors (i.e., those regulated in 10 CFR part 431,
subpart X) shall apply to any such motor that is a component of a
covered product under EPCA or of covered equipment under EPCA. (42
U.S.C. 6317(b)(3)) EPCA does not establish any such prohibition for
fans and blowers. DOE further notes that EPCA does not establish any
such prohibition for electric motors either. See 42 U.S.C. 6313(b)(1)
(providing that standards for electric motors be applied to electric
motors manufactured ``alone or as a component of another piece of
equipment'').
AHRI commented that requests have been made to lower the power
threshold from less than or equal to 1hp, to less than or equal to
0.25hp, which would include a large swath of fans used in residential
products, including residential central air conditioners and heat
pumps. AHRI stated that in order to regulate ``industrial equipment
articles'' that are component parts of consumer products, DOE must
determine that ``such articles are, to a significant extent,
distributed in commerce other than as component parts for consumer
products.'' (42 U.S.C. 6312(c)(1)) AHRI commented that in general, DOE
regulates products as a whole and not by component. Although DOE has
previously regulated furnace fans and electric motors, AHRI commented
that DOE did so under unique authority provided in the sections of EPCA
specific to those products and equipment.\40\ AHRI commented that under
the general industrial component requirement to show that embedded fans
are distributed in commerce other than as component parts in a consumer
product, DOE does not have the authority to regulate fans that are
embedded in consumer products. (AHRI, No. 40 at pp. 5-6)
---------------------------------------------------------------------------

\40\ AHRI commented that DOE is required by EPCA to consider and
prescribe new energy conservation standards or energy use standards
for electricity used for purposes of circulating air through duct
work. Id. 42 U.S.C. 6295(f)(4)(D); Id. 42 U.S.C. 6313(b)(1)
(covering electric motors ``alone or as a component of another piece
of equipment'').
---------------------------------------------------------------------------

As discussed, on August 19, 2021, DOE published a final
determination classifying certain fans and blowers as covered equipment
and determining that fans and blowers meet the three statutory criteria
for classifying industrial equipment as covered (42 U.S.C. 6311(2)(A)),
including that fans and blowers are to a significant extent distributed
in commerce for industrial or commercial use. See 86 FR 46579, 46586-
46588. Further, ``covered equipment'' consists of certain industrial
equipment, which in turn excludes covered products, other than
industrial equipment that is a component of a covered product. (42
U.S.C. 6311(1) and (2)(A)(iii) DOE also noted, in a footnote, 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.
See 86 FR 46579, 46586. As such, DOE disagrees with AHRI's assessment
of DOE's authority. DOE can regulate fans and blowers embedded in a
covered product.
a. Fans and Blowers Embedded in Non-Covered Equipment
Consistent with the Working Group term sheet scope recommendation
(Docket No. EERE-2013-BT-STD-0006-0179, Recommendation #2 at p. 2), DOE
proposed to exclude fans that are exclusively embedded in transport
refrigeration (i.e., trailer refrigeration, self-powered truck
refrigeration, vehicle-powered truck refrigeration, and marine/rail
container refrigeration) from the scope of the test procedure. 87 FR
44194, 44207.
In response to the July 2022 NOPR, the CEC recommended excluding
fans mounted in motor vehicles or other mobile equipment since the fans
are smaller in size and, although they require electricity to operate,
the source of electrical power is generated by the engine of the motor
and not the public electrical grid. The CEC noted that Table III-8 of
the July 2022 NOPR may provide the exclusion for these fans, but that
the wording was unclear (CEC, No. 30 at p. 2)
DOE did not receive any additional comments on this exclusion.
Further, because DOE is not adopting a definition of ``exclusively
embedded fan'' (see section of this III.B.3.c document) in this final
rule, DOE excludes fans that are embedded in transport refrigeration
and removed the term ``exclusively'' as proposed in the July 2022 NOPR.
In addition, DOE discusses the exclusion of fan powered by combustion
engines in section III.B.5 of this document.
In the July 2022 NOPR, consistent with the Working Group term sheet
scope recommendation (Docket No. EERE-2013-BT-STD-0006-0179,
Recommendation #2 at p. 2), DOE proposed to exclude fans exclusively
embedded in vacuum cleaners from the scope of the test procedure. 87 FR
44194, 44207.
In response to the July 2022 NOPR, AHAM agreed that fans embedded
in consumer/residential vacuum cleaners should be exempt from the
scope. (AHAM, No. 35 at p. 5)
AHAM commented that it opposes including fans embedded in consumer
home appliances, whether those products are DOE ``covered products'' or
not, in the scope of the test procedure and/or energy conservation
standards. AHAM noted that fans embedded in most home appliances would
not be implicated by DOE's currently proposed definition of embedded
fans because most are under 1 horsepower. However, AHAM noted that a
lower threshold of 0.25 hp would include fans used in a number of
covered products.\41\ AHAM added that there are a few products that
might use fans that meet DOE's definition and AHAM objects to those
fans being considered commercial and industrial fans. AHAM is concerned
that coverage of such fans could negatively impact the product
performance of products such as range hoods/downdraft fans that are
critical for improving indoor air quality in homes. AHAM commented that
DOE should exclude embedded fans used in residential products such as
range hoods/downdraft fans and hand dryers as well as dryer booster
fans and fans used in commercial clothes dryers.

[[Page 27327]]

Additionally, AHAM is concerned that commercial clothes washers could
be implicated even by the 1 horsepower limitation and requested that
DOE specifically exclude fans used in commercial clothes washers from
the scope of its regulation. (AHAM, No. 35 at pp. 4-5)
---------------------------------------------------------------------------

\41\ These products include but are not limited to: residential
refrigerator/freezers, clothes washers and dryers, dishwashers, room
air conditioners, portable air conditioners, dehumidifiers, and (in
the future) room air cleaners.
---------------------------------------------------------------------------

In this final rule, DOE excludes fans that are embedded in vacuum
cleaners from the scope of the test procedure, as proposed. Further
because DOE is not adopting a definition of ``exclusively embedded
fan'' (see section III.B.3.c of this document), DOE removes the use of
the term ``exclusively'' as proposed in the July 2022 NOPR. DOE notes
that this final rule establishes a test procedure for fans and blowers
and does not adopt any energy conservation standards. This final rule
will not have any impacts on the performance of the fan of the larger
equipment in which the fan is embedded. In addition, as noted in
section III.B of this document, DOE establishes a lower shaft input
power limit of 1 hp (0.89 kW of electrical input power) and that the
lower power limit of 1 horsepower (0.89 kW) excludes most fans used in
regulated and non-regulated consumer products, including range hoods.
Finally, as discussed in section III.B.3.b of this document, DOE is
implementing exclusions for fans embedded in covered equipment where
the DOE metric already captures the energy use of the fans.
In the July 2022 NOPR, consistent with the Working Group term sheet
scope recommendations (Docket No. EERE-2013-BT-STD-0006-0179,
Recommendation #2 at p. 2), DOE also proposed to exclude fans
exclusively embedded in heat rejection equipment from the scope of the
test procedure (See Table III-4 of this document for a list of the heat
rejection equipment). DOE noted that fans used in heat rejection
equipment are primarily fabricated in-house by the heat rejection
equipment manufacturer and that these fans are not sold in a standalone
configuration.\42\ 87 FR 44194, 44207.
---------------------------------------------------------------------------

\42\ In some cases, the heat rejection equipment manufacturer
may purchase the impeller and assemble the fan in a housing which is
tied to the structure of the heat rejection equipment.
---------------------------------------------------------------------------

In response to the July 2022 NOPR, Trane commented that DOE should
align with the CEC proposed regulation in which the definition of
embedded fans includes fans used in heat rejection equipment. Trane
commented that heat rejection fans for HVAC systems are not designed
for specific flow of air, and thus a metric based on air flow is not
valid for heat rejection fans such as condenser fans. Trane noted that
because a heat rejection fan's purpose is to reject heat from a system,
these fans are designed in conjunction with a heat exchanger solely for
optimizing removal of heat from a system. Trane commented that
enforcing fan efficiency requirements on these definite purpose fans
will require re-optimization of the heat rejection system that will not
impact overall system efficiency and building energy consumption. Trane
stated that this would impact manufacturer design cost, manufacturing
cost, and end customer cost with no measurable energy benefit or
payback. (Trane, No. 38 at p. 2)
Trane added that in order to align with CEC and the definitions of
AMCA 214-21, DOE should add to the list of exclusions: (1) Air cooled
chillers; and (2) Unitary package units above 760k btu (whose system
metric is covered in ASHRAE 90.1-2019). (Trane, No. 38 at p. 2)
The CA IOUs recommended that DOE exclude all condenser fans from
the scope of the test procedure. The CA IOUs explained that DOE
proposed to accept the Cooling Tower Institute's recommendation to
exclude heat rejection fans on various unregulated equipment and agreed
with this decision as these fans would be difficult or impossible to
test using the underlying procedures. Furthermore, the CA IOUs stated
that improving the fan's efficiency would not necessarily improve the
system's efficiency because of its embedment in a larger system. The CA
IOUs commented that the same logic would apply to condenser fans in
other types of equipment (e.g., chillers and unregulated commercial
unitary air conditioners). (CA IOUs, No. 37 at p. 10)
Daikin commented that fans used in air-cooled condensers have the
same issues as fans used in cooling towers and other heat rejection
equipment. (Public Meeting, No. 18 at p. 16) DOE notes that the Working
Group did not list chillers and air-cooled condensers, and specifically
limited the exemption to regulated commercial unitary air conditioners
with a certified cooling capacity between 5.5 tons (65,000 Btu/h) and
63.5 tons (760,000 Btu/h). As previously noted, the embedded fan
exclusions recommended by the Working Group would exclude from the
scope of the test procedure fans that are embedded in regulated
equipment for which the DOE metric captures the energy consumption of
the fan. In line with the approach taken by the Working Group, and as
discussed in section III.B.3.b of this document, DOE is implementing
exclusions for fans embedded in covered equipment where the DOE metric
already captures the energy use of the fans. Chillers are currently not
a covered equipment and DOE does not regulate commercial unitary air
conditioners with a certified cooling capacity above 760,000 Btu/h. Air
cooled condensers are also not regulated by DOE. Although fans used in
these equipment may face similar issues than fans used in heat
rejection equipment, both pieces of equipment were not specifically
listed for exemption by the Working Group. Therefore, DOE is not
excluding fans used in these categories of equipment. Further, DOE
excludes other condenser fans in several types of covered equipment, if
the DOE metric captures the energy use of these fans. (See section
III.B.3.b of this document.) In addition, in this final rule, DOE is
not establishing any energy conservation standards and the adoption of
a test procedure will not impose fan efficiency requirements. For these
reasons, DOE is maintaining the exclusion of fans embedded in heat
rejection equipment as proposed in the July 2022 NOPR. Further, because
DOE is not adopting a definition of ``exclusively embedded fan'' (see
section of this III.B.3.c document), DOE removes the use of the term
``exclusively'' as proposed in the July 2022 NOPR.
In addition, in the July 2022 NOPR, DOE proposed that fans embedded
in air curtains be excluded from the scope of the proposed test
procedure. 87 FR 44194, 44207. In response to the July 2022 NOPR, The
CEC commented in support of the proposed exclusion of air curtains.
(CEC, No. 30 at p. 2) DOE did not receive any additional comments on
this issue and is excluding fans in air curtains as proposed.
b. Fans and Blowers Embedded in Covered Equipment
In the July 2022 NOPR, DOE also proposed that the test procedure
would exclude fans in covered equipment in which the fan energy use is
already captured in the equipment specific test procedures. DOE
proposed to adopt an exclusion for fans embedded in equipment listed in
Table III-4,\43\ as long as the fan is not distributed in commerce as a
standalone product. DOE proposed to additionally exclude fans embedded
in DX-DOASes to reflect the DOE proposed test procedure and metric for
DX-DOASes that, if adopted,

[[Page 27328]]

would incorporate fan energy use.\44\ DOE noted that the proposed
exclusions were consistent with the recommendations of the Working
Group. DOE also noted that the proposed approach would avoid regulating
fans for which existing DOE regulations account for their energy use by
excluding such fans from the test procedure if distributed exclusively
embedded in the listed equipment. DOE proposed that to the extent a fan
is distributed in commerce as a stand-alone fan, and therefore is not
limited to use in specific equipment, or embedded in equipment in which
its energy use is not addressed in a DOE test procedure, such a fan
would be subject to the DOE test procedure. 87 FR 44194, 44207. Table
III-7 of this document summarizes the embedded fans proposed for
exclusion from the scope of the test procedure.
---------------------------------------------------------------------------

\43\ DOE notes that while the Working Group recommended to
exclude fans in residential furnaces that are subject to DOE's
energy conservation standard at 10 CFR 430.32(y), furnace fans are
excluded from the definition of ``fan and blower'' and therefore do
not need to be listed as a proposed exclusion.
\44\ See 86 FR 72874, 72889-72890 (December 23, 2021).

Table III-7--Embedded Fans Excluded From the Scope of the Test Procedure
------------------------------------------------------------------------
Fans embedded in:
-------------------------------------------------------------------------
DX-DOASes subject to any DOE test procedures in appendix B to subpart F
of part 431.*
Single-phase central air conditioners and heat pumps rated with a
certified cooling capacity less than 65,000 British thermal units per
hour (``Btu/h''), that are subject to DOE's energy conservation
standard at 10 CFR 430.32(c).
Three-phase, air-cooled, small commercial packaged air-conditioning and
heating equipment rated with a certified cooling capacity less than
65,000 Btu/h, that are subject to DOE's energy conservation standard at
10 CFR 431.97(b).
Transport refrigeration (i.e., Trailer refrigeration, Self-powered truck
refrigeration, Vehicle-powered truck refrigeration, Marine/Rail
container refrigerant), and fans exclusively powered by combustion
engines.
Vacuum cleaners.
Heat Rejection Equipment:
<bullet> Packaged evaporative open circuit cooling towers.
<bullet> Evaporative field-erected open circuit cooling towers.
<bullet> Packaged evaporative closed-circuit cooling towers.
<bullet> Evaporative field-erected closed-circuit cooling towers.
<bullet> Packaged evaporative condensers.
<bullet> Field-erected evaporative condensers.
<bullet> Packaged air-cooled (dry) coolers.
<bullet> Field-erected air-cooled (dry) coolers.
<bullet> Air-cooled steam condensers.
<bullet> Hybrid (water saving) versions of all of the previously
listed equipment that contain both evaporative and air-cooled heat
exchange sections.
Air curtains.
** Air-cooled commercial package air conditioners and heat pumps (CUAC,
CUHP) with a certified cooling capacity between 5.5 tons (65,000 Btu/h)
and 63.5 tons (760,000 Btu/h) that are subject to DOE's energy
conservation standard at 10 CFR 431.97(b).
** Water-cooled and evaporatively-cooled commercial air conditioners and
water-source commercial heat pumps that are subject to DOE's energy
conservation standard at 10 CFR 431.97(b).
** Single package vertical air conditioners and heat pumps that are
subject to DOE's energy conservation standard at 10 CFR 431.97(d).
** Packaged terminal air conditioners (PTAC) and packaged terminal heat
pumps (PTHP) that are subject to DOE's energy conservation standard at
10 CFR 431.97(c).
** Computer room air conditioners that are subject to DOE's energy
conservation standard at 10 CFR 431.97(e).
** Variable refrigerant flow multi-split air conditioners and heat pumps
that are subject to DOE's energy conservation standard at 10 CFR
431.97(f).
------------------------------------------------------------------------
** DX-DOASes are not currently subject to a DOE test procedure. However,
there is an ongoing rulemaking to establish a test procedure for DX-
DOASes that DOE anticipates will be finalized before the final rule of
the fans and blowers rulemaking. Information about this rulemaking can
be found at <a href="http://www.regulations.gov">www.regulations.gov</a> under Docket No. EERE-2017-BT-TP-0018.
* The exclusion only applies to supply and condenser fans embedded in
this equipment.

NEEA commented in support of DOE's definitions and scope for
inclusion and exemptions of embedded fans, but recommended DOE
establish a consistent approach to ensure fan efficiency is accounted
for in other regulated products. NEEA commented that this would include
a similar methodology for each product, even if the exact conditions
are not the same across all products. Conceptually, NEEA stated that
this could function as a checklist to ensure fans are appropriately
accounted for: (1) the total fan energy use is accounted for in the
``average period of use'' of that product (e.g., economizing fan energy
use for CUAC); (2) the testing conditions represent the operating
conditions of the fan (e.g., representative static pressure for
packaged HVAC); (3) the benefits of variable speed fans and right
sizing of a fan are accounted for (i.e., will these energy saving
measures increase the regulated rating). (NEEA, No. 36 at pp. 7-8)
DOE accounts for fan energy use on a product-by-product basis. Any
consideration of fan energy use in other covered product or equipment
would be addressed in the test procedure rulemakings specific to each
such product or equipment.
AHRI recommended that DOE exclude fans embedded in commercial water
heaters and boilers from the rulemaking. AHRI commented that the metric
for commercial water heaters includes the embedded fan's energy,
meeting the criteria which was the basis for limited exclusions in
regulated products recommended by the Working Group. AHRI commented
that the test procedure and energy conservation standards for
commercial boilers do not capture the fan power. However, AHRI
commented that the actual energy savings potential from applying the
proposed fan regulation to a boiler or water heater fan itself is
likely to be small and the total energy consumption of the equipment
may be increased due to effects on combustion. In addition, AHRI stated
that the complexity of integrating a new fan system into a boiler or
water heater is considerable as fans are integral parts of the
combustion

[[Page 27329]]

systems, raising costs that are ultimately passed on to consumers. AHRI
commented that the appropriate approach is to work through the
commercial boiler test standard's consensus process and find a path to
incorporate the electrical energy used in a boiler system into the test
procedure and the equipment ratings to include electrical power
consumption from the fan is currently being drafted. AHRI added that it
estimates the market of the commercial boiler and water heater
industries is small, with annual shipments of approximately 20,000
boiler units and under 2,000 hot water supply boilers. In addition,
AHRI noted that fans used in commercial storage water heaters are
virtually all under 1 horsepower and only exceed 1 horsepower in
commercial boilers and hot water supply boilers with input rates
exceeding two million Btu/h. For hot water supply boilers, AHRI
commented that approximately 12 percent of models exceed 2 million Btu/
h, or approximately 250 boilers per year nationally.\45\ Based on these
shipments, AHRI estimated that the potential 30-year electricity
savings from commercial boiler fans would be on the order of 0.016
quads nationally and noted a potential that fan changes will result in
increased standby losses and reduction in thermal efficiency that would
result in a net energy loss. AHRI added that given the small degree of
energy savings and the small shipment volume relative to the
significant redesign, testing, and certification costs associated with
incorporating a new fan, it is highly unlikely that there are
significant positive consumer benefits. (AHRI, No. 40 at pp. 11-12)
---------------------------------------------------------------------------

\45\ AHRI cited U.S. Department of Energy, Technical Support
Document: Energy Efficiency Program for Consumer Products and
Commercial and Industrial Equipment: Commercial Water Heating
Equipment, April 18, 2016, Figure 3.10.26, p. 3-29).
---------------------------------------------------------------------------

As noted by AHRI, the metric for commercial water heaters includes
the embedded fan's energy, meeting the proposed criteria to identify
the embedded fan exemption. However, as AHRI noted, fans in this
equipment are below 1 hp shaft power and therefore are already excluded
based on the adopted power limits discussed in section III.B.1 of this
document. Therefore, DOE did not propose and is not adopting to
specifically list this equipment in the list of covered equipment for
which the fan is excluded from the test procedure. For embedded fans in
commercial boilers, as noted by AHRI, only the larger units would
incorporate fans that meet the scope criteria discussed in section
III.B.1 of this document. However, as noted by AHRI, the current DOE
test procedure for commercial boilers does not capture the fan energy
use; therefore, DOE did not propose and is not adopting to list this
equipment as part of the covered equipment for which the fan is
excluded from the test procedure. Instead, DOE is exempting fans
embedded in the equipment listed in Table III-7, as proposed in the
July 2022 NOPR and continues to exclude fans in covered equipment in
which the fan energy use is already captured in the equipment specific
test procedures. Further, because DOE is not adopting a definition of
``exclusively embedded fan'' (see section of this III.B.3.c document),
DOE removes the use of the term ``exclusively'' as proposed in the July
2022 NOPR. In addition, DOE notes that this final rule does not adopt
energy conservation standards or certification requirements and any
impacts from setting potential energy conservation standards (including
equipment redesign and consumer benefits) will be analyzed as part of
any separate energy conservation standard rule.
Daikin commented that it was appropriate to exempt embedded fans in
DOE-regulated products and added that DOE should also exempt fans in
equipment that are regulated by IECC and [ASHRAE] 90.1 (Public Meeting
transcript, No. 18 at p. 15-16)
As noted previously, DOE is exempting fans embedded in the
equipment listed in Table III-7, as proposed in the July 2022 NOPR and
continues to exclude fans in covered equipment in which the fan energy
use is already captured in the equipment specific test procedures. In
addition, DOE is not exempting fans that are in equipment that are
regulated by IECC and ASHRAE 90.1, consistent with the term sheet.
Instead, DOE excludes fans embedded in equipment listed in Table III-7,
consistent with the Working Group term sheet scope recommendations
related to embedded fans.
c. Exclusively Embedded Fans
In the July 2022 NOPR, DOE further clarified that DOE proposed to
exclude embedded fans that are not distributed in commerce as
standalone fans. DOE acknowledged that in a number of instances, a
standalone fan purchased by a manufacturer for incorporation into a
unit of listed equipment may be indistinguishable based on physical
features from a fan that is purchased by a manufacturer for
incorporation into non-listed equipment or from a fan used as a
standalone fan. DOE noted that during the ASRAC negotiations, AHRI
conducted a survey of its members to determine the number of fans
purchased versus manufactured by the equipment manufacturer. (Docket
No. EERE-2013-BT-STD-0006, AHRI, No. 125.3 at p. 1) AHRI estimated that
over 80 percent of all fans that are used as components across all
commercial regulated equipment are manufactured by the equipment
manufacturer. Id. This percentage was higher for commercial air-
conditioning and heat pump equipment and was estimated to be between 94
and 99 percent. 87 FR 44194, 44208.
In order to provide additional specificity as to the fans that
would be subject to the embedded fan exclusion, in the July 2022 NOPR,
DOE proposed to use the term ``exclusively embedded fans'' to designate
the fans covered by the embedded fan exclusion. DOE proposed to define
``exclusively embedded fan'' as: a fan or blower that is manufactured
and incorporated into a product or equipment manufactured by the same
manufacturer and that is exclusively distributed in commerce embedded
in another product or equipment. Based on this information, DOE
tentatively determined that the vast majority of fans used as
components in regulated commercial HVACR equipment would meet the
proposed definition of exclusively embedded fan and would not be
subject to the test procedure as proposed in the July 2022 NOPR. DOE
further provided examples illustrating how the proposed definition of
exclusively embedded fan would impact whether a fan must be tested and
certified to DOE. 87 FR 44194, 44208.
In response to the July 2022 NOPR, ebm-papst commented that it does
not believe it to be common practice that original equipment
manufacturers (``OEMs'') fabricate fans in the literal sense. ebm-papst
added that very few OEMs, if any, in the U.S. fabricate their own
impellers and that in its experience no American OEMs fabricate their
own fan motors or their own electronic fan speed controller. However,
ebm-papst added that it is common practice for OEMs to purchase major
sub-components from independent suppliers, such as ebm-papst. (ebm-
papst, No. 31 at p. 6)
Morrison commented that 95 percent of fans it manufactures are used
in HVAC equipment. (Morrison, No. 42 at p. 3)
As noted in the July 2022 NOPR, DOE relied on data from AHRI to
estimate the share of embedded fans that are manufactured in-house by
OEMs vs. purchased and notes that these

[[Page 27330]]

estimates may not reflect individual manufacturer practices.
In response to the July 2022 NOPR, DOE received several comments
related to the proposed definition of ``exclusively embedded fan''.
AHRI stated support for the AMCA 214-21 definition of an embedded
fan as ``a fan that is part of a manufactured assembly where the
assembly includes functions other than air movement.'' (AHRI, No. 40 at
p. 8)
NEEA commented in support of DOE's proposals related to embedded
fans and supports the definition of exclusively embedded fans, which
adds additional clarity to what is included or excluded from
regulation. (NEEA, No. 36 at p. 7)
The Efficiency Advocates supported DOE's proposal regarding
embedded fans. The Efficiency Advocates commented that generally fans
can be sold as standalone products or they may be embedded within a
piece of equipment that requires the fan to operate. The Efficiency
Advocates commented that in the NOPR, DOE defines ``exclusively
embedded'' fans and excludes various types of exclusively embedded fans
consistent with the Working Group recommendations. The Efficiency
Advocates stated that these exclusions, summarized in Table III-8 of
the July 2022 NOPR, essentially apply only to embedded fans in
regulated equipment for which the DOE metric captures the energy
consumption of the fan. The Efficiency Advocates support this approach
to help ensure that inefficient fans are not embedded into products for
which energy use is not captured by a DOE efficiency metric.
(Efficiency Advocates, No. 32 at p. 2)
Morrison commented that the exclusively embedded fans it
manufactures have a clearly identified label with a unique part number
and are exclusive per the manufacturer, with full traceability through
the sales order process to a ship-to site. Morrison stated a concern
about double regulation for parts that are instrumental to the
equipment's already existing regulation and now an added layer of
regulation that adds to the cost of products but provides no additional
energy savings. (Morrison, No. 42 at p. 4) Morrison added that the fans
it manufactures are built to order for the customer and are
application-specific designs with unique part numbers on the label that
identify the customer and location. Morrison stated that all shipments
have a unique Sales Order that confirms the ship-to location and part
number and would be traceable to the OEM's appliance. Morrison
commented that the fans it manufactures are assembled into an appliance
and nearly all are in the covered product category that has a metric
inclusive of the fan energy. In addition, Morrison pointed out that
this proposed added layer of test for standalone fans before embedding
amounts to duplicate regulation and double counting of the energy
savings, and that these fans are currently tested by the OEMs in the
appliance and would not need the added cost of regulation as a fan.
(Morrison, No. 42 at p. 3)
AHAM commented that embedded fans used in covered products should
be excluded. AHAM commented that it is critical that those fans be
excluded regardless of whether they are imported or sold for inclusion
in a domestically manufactured product or are imported as part of that
product. AHAM requested that should DOE include fans that are embedded
in consumer products, DOE ensure that all embedded fans--whether sold
for incorporation into the product or imported already in the product--
are treated the same. Otherwise, AHAM commented that domestically
manufactured products could be at a disadvantage, which is contrary to
the Administration's goals to increase domestic manufacturing. (AHAM,
No. 35 at p. 5)
AHRI commented that all embedded fans, and replacement fans for
these finished goods, regardless of whether they are domestically
produced or imported as part of the product, should be exempt. Under
DOE's proposal, AHRI commented that finished goods manufactured
overseas would be treated differently from those manufactured
domestically. AHRI stated that, as proposed, a manufacturer would be
able to buy and embed a standalone fan and not be subject to the
regulation if the finished product was imported. However, AHRI added, a
domestic manufacturer buying a fan for manufacture domestically would
be subject to the proposed rule, as written, and DOE has not considered
the burden this places on domestic manufacturers. (AHRI, No. 40 at pp.
7-8)
Morrison commented that the exemption for exclusively embedded fans
would lead to trade-restrictive issues. Morrison commented that using a
scenario of covered equipment with an exempted embedded fan: (1) If the
OEM produces the testable fan configuration, then those fans are exempt
from fan regulation (2) But if an identical fan construction is
delivered as a testable configuration by a supplier to an OEM factory
in the U.S., then the fan is considered a standalone fan and therefore
will be in the scope of the regulation and testing will be required (3)
On the other hand, if the U.S. OEM has a joint venture north or south
of the border, then it can receive and install unregulated fans there
and sell the unit back in the U.S. without any fan regulation (4)
Another scenario is possible with the OEM factory in a foreign country
and under that scenario, the embedded fan is exempt from fan
regulation. Morrison commented that this would appear to promote the
use of offshore production and would not just favor foreign-made
equipment but would encourage more use of imported equipment.
(Morrison, No. 42 at p. 3) Similarly, ebm-papst did not support the
proposed definition of standalone fans in the NOPR and provided the
following scenario: If an OEM fabricates the testable fan configuration
itself, the fans will be exempt from fan regulation. However, ebm-papst
stated, if an identical fan construction is supplied as a testable
configuration by a supplier to an OEM factory in the U.S., then the fan
will become a standalone fan and therefore will be in the scope of the
regulation. ebm-papst added that if the U.S.-based OEM owns a factory
outside of the U.S., then it will be permitted to receive and install
unregulated fans there, and sell the unit in the U.S. ebm-papst further
commented that if the OEM factory is in a foreign country altogether,
then the embedded fan will be exempt from the fan regulation. ebm-papst
commented that the proposed exclusions would be a restraint of domestic
trade, while favoring foreign OEM factories. (ebm-papst, No. 31 at p.2)
ebm-papst requested clarification regarding the proposed approach
to exclude embedded fans if they are fabricated by the OEM, while all
external fabricators would be burdened by the regulation. (ebm-papst,
No. 31 at p. 1) ebm-papst requested that DOE ensure that all embedded
fans--whether sold for incorporation into the product or imported
already in the product--be treated the same. Otherwise, ebm-papst
commented that domestically manufactured products could be at a
disadvantage, which is contrary to the Administration's goals to
increase domestic manufacturing. Further, ebm-papst commented that
there are no unique physical features that could be used to distinguish
a fan that is exclusively designed for use in equipment listed in Table
III 8 of the NOPR. However, ebm-papst opposes the attempt to treat
exclusively embedded fans differently, merely due to potential
differences in the fans' supply chains. (Id. at p. 6)

[[Page 27331]]

As noted previously, the proposed exclusions for certain embedded
fans listed in Table III-8 of the July 2022 NOPR, would only apply to
fans that are manufactured in-house by the manufacturer of the
equipment or to fans that are imported already embedded in equipment
listed in Table III-8 of the July 2022. Fans purchased by OEMs in the
U.S. to be incorporated into equipment listed in Table III-8 of the
July 2022 NOPR would not be excluded, while fans purchased and
incorporated by an OEM outside of the U.S. would be excluded. As noted
by the stakeholders, the proposed definition of exclusively embedded
fans could therefore disadvantage domestic fan suppliers. For this
reason, DOE is not establishing a definition of ``exclusively embedded
fan''. As this time, DOE is not differentiating the embedded fan listed
for exclusion in Table III-7 depending on whether it is exclusively
distributed in commerce embedded in another product or equipment listed
in that table (i.e., depending on whether it is manufactured and
incorporated into a product or equipment manufactured by the same
manufacturer). By removing the proposed ``exclusively embedded fan''
definition, all embedded fans, whether sold for incorporation into the
product or already incorporated in the product, would be exempted if
embedded in equipment listed in Table III-7 of this document. In the
future, DOE may consider an approach to provide additional specificity
as to how to identify fans that would be sold for incorporation in
equipment listed in in Table III-7 of this document.
JCI requested clarifications on how DOE will verify the performance
of a fan or blower in a finished-goods unit in the field. JCI asked if
the fans would have to be removed from equipment and sent to a lab for
testing. (JCI, No. 34 at p. 2)
DOE's regulations apply to the point of manufacture and not to the
equipment as installed in the field. If the fan is embedded in another
equipment, testing would be performed in accordance with the provisions
described in section III.E.9 of the document.
AHAM commented that it does not support an approach that would
require OEMs to certify embedded fans used in their finished products
and that would hold OEMs responsible for certification, testing and
record-keeping for the fans embedded in their products. AHAM commented
that the fan manufacturers should bear this burden given that they have
the expertise and facilities to conduct the testing, etc. (AHAM, No. 35
at p. 7)
DOE notes that the fan manufacturer would be responsible for
testing and certifying the fan. If the OEM is also the fan manufacturer
(and fabricates the fan in-house), then that OEM would be responsible
for testing and certifying the fan if included in the scope of the test
procedure.
4. Air Circulating Fans
In the July 2022 NOPR, DOE noted that AMCA 230-15 (with errata) did
not include any limitation in terms of input power of the air
circulating fans that can be tested in accordance with the test
procedure. DOE further noted that the AMCA committee was considering
limiting the scope of AMCA 230-15 (with errata) to air circulating fans
with input power of 125 W and above to focus on commercial and
industrial fan applications and exclude residential fans, such as tower
fans and bladeless fans. 87 FR 44194, 44210.
In the July 2022 NOPR, DOE tentatively determined that the proposed
test procedure would provide a representative measurement of energy use
or energy efficiency during a representative average use cycle for all
air circulating fans. Therefore, at the time, DOE proposed to include
all categories of air circulating fans in the scope of the proposed
test procedure; i.e., including equipment with input power less than
125 W. DOE noted that should additional information justify excluding
fans with input power less than 125 W from the scope (or any other
power limit that may be justified), DOE may consider applying a power
limit in the final rule as considered by the AMCA committee and
supported by stakeholders. In addition, DOE noted that it may consider
specifying that 125 W corresponds to the air circulating fan's input
power at maximum speed. 87 FR 44194, 44210.
The Efficiency Advocates stated support for including air
circulating fans within the test procedure scope, so that published
efficiency information for these products is based on a standardized
test procedure and to allow DOE to consider future potential energy
conservation standards. (Efficiency Advocates, No. 32 at p. 2)
AMCA commented that the stakeholders of residential circulating
fans are not represented by AMCA and have not previously been involved
in the fans-and-blowers rulemaking. Additionally, AMCA noted that the
demarcation of the scope of the AMCA 230 test standard under revision
will start above 125 W. AMCA questioned if DOE has alerted stakeholders
of residential circulating fans that they are in the process of being
regulated as it would be fair to enable them to weigh in on the
proposed test procedure. (AMCA, No. 41 at p. 5) AMCA recommended the
exclusion of ACFH with less than 125-W nameplate electrical power,
which is the demarcation between the published IEC Standard 60879:2019,
``Comfort fans and regulators for household and similar purpose,'' \46\
and AMCA 230 (next revision). AMCA commented that fans covered by IEC
60879 generally are mass-produced, mass-imported, mass-sales
residential products, which are made by stakeholders that have not been
represented in any U.S. fan-regulation activity to date, such as ASRAC,
California Title 20, or model/state energy codes. (AMCA, No. 41 at pp.
7-8)
---------------------------------------------------------------------------

\46\ IEC 60879:2019 specifies the performance-measuring methods
of comfort fans and regulators for household and similar purposes,
including conventional fans, tower fans, and bladeless fans, their
rated voltage being not more than 250 V for single-phase fans and
480 V for other fans, and their rated power input being less than
125 W.
---------------------------------------------------------------------------

ebm-papst recommended limiting the scope of the circulation fan
test procedure to fans with nameplate power ratings of at least 125 W
in an effort to keep the focus of this rulemaking on commercial and
industrial fans. ebm-papst added that the scope of EU 327/2011 is
limited at 125 W and that lower-power circulation fans are in the scope
of IEC 60879. (ebm-papst, No. 31 at p. 6)
Since the publication of the July 2022 NOPR, AMCA published AMCA
230-23, and this latest version of the industry standard only covers
air circulating fans with input power greater than or equal to 125 W.
Further, to date, stakeholders representative of the market of
circulating fans with input power less than 125 W s have not commented
on this rulemaking. In addition, in the NOPR, DOE did not review IEC
60879:2019, which stakeholders indicated would be the most appropriate
industry test procedure for these fans. For these reasons, at this
time, DOE is limiting the scope of the test procedures to air
circulating fans with input power greater than or equal to 125 W, as
measured by the test procedure at high speed.
AHAM commented that consumer fans such as desk fans, box fans,
pedestal fans, should not be included in the scope of commercial and
industrial fans and blowers. AHAM commented that this would be in
direct contradiction to EPCA, and consumer fans have different average
representative uses than commercial and industrial fans. AHAM urged DOE

[[Page 27332]]

to either specifically exclude consumer air circulating fans from the
scope of coverage and noted that a 125 W limit would be an effective
way to distinguish consumer fans so long as the 125-W threshold applies
to the fan rating alone and not to the entire product or the fan and
motor. AHAM noted this could implicate products like residential fan-
heaters and stated it was unclear whether the relevant definitions in
the applicable AMCA and IEC 60879 standards would take the products out
of scope. As such, AHAM requested that DOE make it clear that all
residential/consumer fans are exempt. AHAM added that it was their
understanding that DOE's proposal did not include bladeless circulation
fans in the scope of air circulating fans based on the proposed
definitions. AHAM agrees that such fans should not be included. AHAM
added that DOE should treat other consumer fans the same way, i.e., no
consumer fan should be included in the scope of the commercial and
industrial fan test procedure or energy conservation standards). (AHAM,
No. 35 at p. 6)
AHAM commented against DOE's proposal to include consumer
(residential) air circulating fans and embedded fans used in consumer
(residential) products in the scope of its commercial and industrial
fans and blowers test procedure. AHAM commented that this would be
contrary to EPCA, DOE's coverage determination, and essential EPCA
public policy. AHAM commented that consumer fans and fans used in
consumer products are, by definition, not commercial/industrial fans or
blowers. AHAM added that Congress's intent was to include only
commercial and industrial fans and blowers under the scope of ``fans''
and ``blowers'' in 42 U.S.C. 6311(2)(B). First, AHAM noted that fans
and blowers are listed as types of industrial equipment, which
indicates an intent to cover commercial and industrial equipment, not
residential/consumer products. Second, AHAM added that in EPCA, fans
and blowers are not included in Part A, which is for Consumer Products
other than Automobiles. Third, AHAM stated that fans and blowers by
definition are industrial equipment, which EPCA defines as equipment
that ``to any significant extent, is distributed in commerce for
industrial or commercial use, without regard to whether such article is
in fact distributed in commerce for industrial or commercial use.'' (42
U.S.C. 6311(2)(A)(ii)) In particular, AHAM commented that residential
air circulating fans by definition are clearly consumer products--they
are not, ``to any significant extent'' distributed in commerce for
industrial or commercial use and are distributed for use in homes. AHAM
commented that fans such as desk fans, box fans, and pedestal fans that
are used in homes are regularly distributed in commerce for personal
use or consumption by individuals. AHAM commented that if particular
SKUs are labeled as consumer fans and, in fact, are primarily marketed
and distributed into the very different commercial/industrial sectors,
then they can be dealt with through compliance and enforcement efforts
rather than by over-incorporation of all consumer fans into test
procedures and standards. AHAM noted that commercial clothes washers
also appear in the same list of ``covered equipment.'' (42 U.S.C.
6311(1)(H)) AHAM commented that despite the fact that commercial and
residential clothes washers share similar construction and are often
both used by individual consumers, EPCA differentiates them. Thus, AHAM
stated it was evident that Congress intended to include only truly
commercial/industrial fans and blowers in the scope of industrial
equipment. AHAM added that DOE's proposal to include embedded fans used
in consumer products and residential/consumer air circulating fans in
the scope of the commercial and industrial fans and blowers rulemaking
is inconsistent with its previous decision for these products. AHAM
commented that DOE's final determination of coverage stated that ``[t]o
qualify as `industrial equipment,' fans and blowers must be, to a
significant extent, distributed in commerce for industrial and
commercial use.'' (42 U.S.C. 6311(2)(A)(ii)) AHAM noted that in
footnote 26 of the final coverage determination, 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.
However, AHAM commented that is not the case with fans embedded in
consumer products (whether they are DOE covered products or not) or
fans used in homes to circulate air. Thus, AHAM commented that DOE
should not be including either type of fan under the scope of the
commercial and industrial fans and blowers test procedure or energy
conservation standards. AHAM commented that DOE's proposal is not
consistent with its own guidance on the consumer/commercial distinction
in EPCA.\47\ Specifically, AHAM noted that residential/consumer fans
are typically smaller than commercial and industrial fans because they
are meant to circulate air in smaller spaces and have lower wattage,
have different durability requirements, and have different safety
requirements. AHAM commented that UL 507: Standard for Electric Fans
applies to consumer fans and some commercial fans, but that there are
also additional safety requirements for commercial fans (e.g., OSHA
requirements) and UL 507 specifically excludes certain fans. AHAM
further noted that there are industrial technical guidance requirements
such as ISO13348 (``Industrial fans--Tolerances, methods of conversion
and technical data presentation'') \48\ that distinguish household and
industrial fans. Finally, AHAM noted that residential fans as a product
type are primarily used in residential applications. AHAM commented
that the same was true for fans embedded in consumer products. (AHAM,
No. 35 at pp. 1-4)
---------------------------------------------------------------------------

\47\ AHAM referenced the following: <a href="http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/cce_faq.pdf">www1.eere.energy.gov/buildings/appliance_standards/pdfs/cce_faq.pdf</a>.
\48\ See <a href="http://www.iso.org/standard/45118.html">www.iso.org/standard/45118.html</a>.
---------------------------------------------------------------------------

AMCA commented in support of AHAM's comment regarding the scope of
the [air] circulating fan coverage extending below 125 W. (AMCA, No. 41
at p. 4)
DOE notes that air circulating fans are tested in a configuration
that measures electrical input power to the fan, inclusive of the
motor, and that the existing test procedures (i.e., AMCA 230-23 or IEC
60879:2019) do not allow measuring the mechanical shaft power to the
fan, exclusive of the motor. Therefore, DOE has determined that a limit
in terms of electrical input power (applicable to the fan and motor) is
more appropriate. Regarding DOE's authority to regulate fans and
blowers that are distributed in commerce for residential use, as noted
previously (See section III.B of this document), DOE has determined
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. EPCA defines ``industrial equipment'' as any article of
equipment \49\ ``of a type'' that ``to any

[[Page 27333]]

significant extent, is distributed in commerce for industrial or
commercial use'' and ``is not a covered [consumer] product [ ] without
regard to whether such article is in fact distributed in commerce for
industrial or commercial use.'' 42 U.S.C. 6311(2)(A). Accordingly, any
equipment that meets the definition of air circulating fan, has an
input power greater than or equal to 125 W, as measured by the test
procedure at high speed, and is of a type that, to any significant
extent, is distributed in commerce for industrial or commercial use is
included in the scope of the test procedure, regardless of whether it
is sold for use in commercial, industrial, or residential settings. In
addition, as previously stated, DOE is not setting test procedures for
air circulating fans with input power less than 125 W and DOE believes
this would exclude most fans used in residential applications.
---------------------------------------------------------------------------

\49\ The types of equipment are ``(in addition to electric
motors and pumps, commercial package air conditioning and heating
equipment, commercial refrigerators, freezers, and
refrigerator[hyphen]freezers, automatic commercial ice makers,
commercial clothes washers, packaged terminal
air[hyphen]conditioners, packaged terminal heat pumps, warm air
furnaces, packaged boilers, storage water heaters, instantaneous
water heaters, and unfired hot water storage tanks) as follows: (i)
compressors; (ii) fans; (iii) blowers; (iv) refrigeration equipment;
(v) electric lights and lighting power supply circuits; (vi)
electrolytic equipment; (vii) electric arc equipment; (viii) steam
boilers; (ix) ovens; (x) kilns; (xi) evaporators; (xii) dryers; and
(xiii) other motors.'' 42 U.S.C. 6311(2)(B).
---------------------------------------------------------------------------

Morrison commented that air circulating fans should be covered in a
separate rulemaking as their utility, function, and testing process are
different from other fans and blowers. Morrison added that this should
be done so the appropriate fan manufacturers are engaged in this
process to reduce adding burden and complexity to this rulemaking.
(Morrison, No. 42 at p. 1)
AMCA recommended that air circulating fans that are not ceiling
fans be handled with a separate rulemaking. AMCA commented that this
would provide stakeholders of covered fans less than 125 W an
opportunity to participate and provide separation between residential
and commercial/industrial products. (AMCA, No. 41 at p. 17) In
addition, AMCA commented that such request seemed practical and fair
seem practical and fair, especially for the circulating fan
stakeholders that were not in the scope of the ASRAC process, and which
are in the final stages of revising the AMCA 230 test standard for
circulating fans. AMCA requested DOE to allow that standard committee
to complete its work before issuing the final rule on this test
procedure. Already, with the final rule for the ceiling fan test
procedure causing problems for the AMCA 230 revision, AMCA commented
that it would really hurt the standard to have it out of synch with the
fans and blowers test procedure sections that cover circulating fans.
(AMCA, No. 41 at pp. 3-4
Greenheck commented that the inclusion of air circulating fans in
the fans and blowers test procedure is problematic as they are a
completely different type of equipment and utilize different industry
test standards, procedures, and metrics as defined in AMCA 230-15.
Greenheck commented that the inclusion of air circulating fans makes
the test procedure rulemaking confusing and contradictory. (Greenheck,
No. 39 at p. 8)
DOE notes that although the test procedures for fans and blowers
other than air circulating fans, and air circulating fans are combined
in a single notice, DOE is adopting separate test procedures for each
category of equipment and explicitly indicates the scope of application
of each test procedure. In addition, as noted previously, DOE is not
setting test procedures for air circulating fans with input power less
than 125 W. Therefore, DOE is continuing to include air circulating
fans in the same rulemaking docket as fan and blowers. Although DOE is
including air circulating fans in the same rulemaking as fans and
blowers other than air circulating fans, DOE notes that this final rule
establishes the test procedures for fans and blowers other than air
circulating fans and the test procedures for air circulating fans as
separate appendices. In addition, as previously stated, DOE is not
setting test procedures for air circulating fans with input power less
than 125 W. In addition, as discussed in section III.D of this
document, DOE is incorporating by reference the latest version of AMCA
230-23, which addresses AMCA's concerns about this rulemaking being
completed before AMCA 230-23 published.
AHRI commented that DOE expanded the scope of the NOPR to include
fans that were not discussed in the 2015 ASRAC negotiations. In
addition, AHRI commented that the October 2021 RFI was narrowly limited
to one classification of fans, the air circulating fan heads
(``ACFH''). (AHRI, No. 40 at pp. 4-5)
DOE notes that neither the term sheet nor the scope of the RFI
limits DOE's authority to initiate a rulemaking on additional
categories of fans and blowers. DOE proposed a test procedure for air
circulating fans in the July 2022 NOPR and considered comments received
in response to the NOPR in determining the test procedure established
in this final rule.
5. Non-Electric Drivers
Some fans operate with non-electric drivers, such as engines or
generators, and such fans may be used in non-stationary applications or
stationary applications. The Working Group recommended that DOE exclude
fans that are exclusively powered by internal combustion engines from
the test procedure and related energy conservation standards. (Docket
No. EERE-2013-BT-STD-0006, No. 179, Recommendation #2 at p. 2)
AMCA 214-21 does not provide for the testing of fans and blowers
powered by internal combustion engines. In order to measure the energy
efficiency or energy use of non-electric drivers during a
representative average use cycle, separate test methods would be
necessary for each type of driver (e.g., engine, generators). DOE is
not currently aware of a relevant industry test procedure and does not
have information regarding the test set-up required to test fans
powered by internal combustion engines. As such, in the July 2022 NOPR,
DOE did not propose test procedures for fans and blowers powered
exclusively by an internal combustion engine,\50\ regardless of whether
such fan or blower is used in a stationary or non-stationary
application. 87 FR 44194, 44210.
---------------------------------------------------------------------------

\50\ DOE notes that the July 2022 NOPR included a typographical
error in Table III-8 of the NOPR, stating ``fans exclusively powered
by fan combustion engines'' instead of ``fans exclusively powered by
an internal combustion engine.''
---------------------------------------------------------------------------

Certain bare shaft fans can be powered by either electric drivers
(i.e., motors) or non-electric drivers. In the July 2022 NOPR, DOE
tentatively determined that to the extent such a fan can be powered by
an electric driver, the proposed test procedure would provide for
measurement of the energy efficiency or energy use during a
representative average use cycle when powered by an electric driver. As
such, DOE proposed that such a fan would be subject to the test
procedure. 87 FR 44194, 44210-44211.
The CEC commented in support of the exclusion of fans that are
operated by an internal combustion engine that is used for personal
(consumer), commercial, or industrial transportation only. The CEC
recommended defining the term ``fan combustion engines,'' since it is
unclear if the term ``fan combustion engine'' is meant to be that of a
turbo fan engine, a fan driven by an internal combustion engine in any
context, or the fans driven by an internal combustion engine used for
the purpose of personal (consumer), commercial, or industrial
transportation. (CEC, No. 30 at p. 3)

[[Page 27334]]

AMCA stated its support for the exclusion of fans and blowers that
are exclusively powered by internal combustion engines from the scope
of this test procedure because such fans include Positive Pressure
Ventilators (``PPV''), which are portable fans for fire-rescue
operations and excluded from having FEI ratings calculated using AMCA
214-21. (AMCA, No. 41 at p. 8)
AMCA noted that to help distinguish fans powered by combustion
engines, PPVs are portable tube-axial fans and can be powered by
batteries, combustion engines, and hydraulics while having no
provisions for duct installations. AMCA added that PPVs sometimes are
confused with floor-drying fans, which are housed centrifugal fans,
whereas PPVs are not supplied in bare shaft configuration. (AMCA, No.
41 at p. 8)
New York Blower commented that fans with internal combustion
engines are extremely rare and not likely to increase due to regulation
and that exclusion of these fans seems appropriate. New York Blowers
stated that it is possible at lower power ranges that there might be a
significant quantity of products and consequently, units driven by
internal combustion applications that they are not aware of. Aside from
a clutch mechanism to keep the fan disengaged from the motor when
idling, New York Blower commented that it does not know of any
distinguishing feature of the fan that would indicate the fan would be
driven by an internal combustion engine. (New York Blower, No. 33 at p.
9)
Robinson stated a lack of awareness of any physical features of a
fan design that would distinguish those as exclusively powered by
internal combustion engines other than the presence of an internal
combustion engine or potentially a fluid clutch. (Robinson, No. 43 at
p. 6)
Morrison commented that many fans for internal combustion engines
are specific designs intended for direct attachment to the engine and
others have low voltage motors consistent with vehicle electrical
systems. Morrison commented that such fans should be part of the
equipment regulation (autos, buses, trucks, generators, and heavy
equipment) as opposed to being included in this effort as detailed in
the ASRAC term sheet. In addition, Morrison noted that these fans have
low-voltage motors and heavy construction features. (Morrison, No. 42
at p. 4)
DOE notes that the July 2022 NOPR included a typographical error in
Table III-8 of the NOPR, stating ``fans exclusively powered by fan
combustion engines'' instead of ``fans exclusively powered by an
internal combustion engine.'' In this final rule, consistent with the
July 2022 NOPR, and as recommended by stakeholders, DOE excludes fans
and blowers powered exclusively by an internal combustion engine,
regardless of whether such fan or blower is used in a stationary or
non-stationary application from the scope of the test procedure. DOE is
not adopting additional definitions as the reference to internal
combustion engines clearly specifies the fans excluded from the scope
of the test procedure. As noted by stakeholders such fans can be
distinguished based on the presence of a clutch mechanism or designs
intended for direct attachment to the engine.
6. Replacement Fans and Blowers
The Working Group did not address the issue of replacement parts in
the term sheet. (Docket EERE-2013-BT-TP-0055, No. 179, Appendix F at p.
19). In the July 2022 NOPR, DOE proposed to include all fans and
blowers that: (1) meet the criteria for scope of inclusion as described
in section III.A.1 of that document, and (2) are not proposed for
exclusion as listed in section III.A.2 of that document or Table III-8
of the July 2022 NOPR, regardless of whether that fan is a replacement
fan. 87 FR 44194, 44211.
Morrison commented that replacement blowers for HVAC appliances
need to be fully excluded for safety reasons as appliance limit
controls may cause malfunction that could result in loss of life and/or
property. (Morrison, No. 42 at p. 2)
AHAM commented that replacement fans, as well as those that are not
considered covered products, should be excluded from the scope of the
test procedure and applicable standards. (AHAM, No. 35 at p. 5)
AHRI commented that any potential regulation should consider the
impact on replacement fans and added that the consequences of a
replacement fan made non-compliant because of these new regulations
could be catastrophic. AHRI commented that in many cases, such as
supply-air fans with air flow through gas fired heat exchangers, hot-
water, coils or electric resistance units, a variety of safety
standards in addition to performance standards are affected. AHRI
commented that the testing of all legacy equipment because of a fan
change will be cost- and resource-prohibitive, and that if a
replacement fan is not compliant, in most cases, an unsafe, engineered-
to-fit substitution would be required. AHRI asserted that the costs,
risks, and time required to retest the HVACR and water-heating
equipment would all be prohibitive and that testing would also be
impractical if the HVACR and water heating equipment is out of
production. AHRI added that manufacturers would be forced to rebuild an
out-of-production unit solely for the purpose of testing a new fan.
AHRI concluded by stating that there may be instances in which such
part substitution makes sense, but that is not a reasonable basis for a
broad, minimum standard. (AHRI, No. 40 at p. 13)
Trane commented that replacement fans should be exempt if embedded
fans fall under regulation. Trane encouraged DOE to align with the CEC
regulation that provides an exemption for ``embedded fans as defined in
ANSI/AMCA 214-21, including embedded fans sold exclusively for
replacement of another embedded fan.'' Trane commented that fans
embedded in equipment such as residential or commercial HVAC have
downstream or upstream impacts on airflow distribution. Trane commented
that many applications of this equipment have heating coils and/or
natural gas heat exchangers that are developed, tested and certified
for safety. Trane stated that when a fan is changed in the field at the
application point, an exact model should be used for replacement to
comply with safety requirements to ensure that no equipment failure
results that may compromise the safety of the building occupants. Trane
commented that, additionally, fan efficiency challenges the ability to
replace ``like for like'' fans. Trane commented that more-efficient
fans are often larger than less efficient ones and as such, this may
increase associated product size. Trane noted that while a similar
impeller-diameter fan may be available at a higher efficiency, it is
imperative to consider that differing fan types have different non-
impeller fan geometries and constraints, such that the overall fan
footprint increases dramatically. Trane commented that with space
constraints being a constant pressure, new products may be too large to
replace smaller existing ones without significant design changes and
associated costs that would serve to dissuade building owners from
purchasing the more efficient fans contained in new products and
instead repair existing, less efficient products. Trane commented that
retrofit curbs can be used, but they generally come with associated
pressure drop, which negates any efficiency improvement associated with
the more efficient fan. (Trane, No. 38 at p. 3)
DOE includes all fans and blowers that meet the criteria for scope
inclusion

[[Page 27335]]

as described in section III.B.1 of this document and are not listed for
exclusion in section III.B.2 of this document or Table III-7 of this
document, regardless of whether that fan is a replacement fan. At this
time, DOE is not adopting energy conservation standards for fans and
blowers, and the test procedure would not impact the availability of
current models. The test procedure does not set any energy conservation
standards and does not result in any non-compliant fans. DOE will
consider the impacts from setting potential energy conservation
standards on replacement fans (e.g., costs, design, safety, and
availability) as part of any potential energy conservation standards
rulemaking.
7. Material Handling and Heavy Industrial Processing Fans and Blowers
In response to the July 2022 NOPR, Robinson commented that fans
that provide mass transfer or are subjected to significant wear will
not benefit from a switch to highly efficient aerodynamic designs. In
fact, stated Robinson, shorter equipment life was highly likely and end
use customers would bear the additional cost of replacement. For this
reason, Robinson stated it does not support the inclusion of fans that
provide mass transfer or are subjected to wear (whether abrasion or
corrosion). (Robinson, No. 43 at p. 5)
At this time, DOE is not adopting energy conservation standards for
fans and blowers, and the test procedure would not impact the
availability of current models. The test procedure does not set any
energy conservation standards and does not result in any non-compliant
fans. In addition, as noted in the July 2022 NOPR, based on input from
AMCA during the ASRAC negotiations, DOE has determined that radial
housed unshrouded fans with a diameter less than 30 inches or a blade
width of less than 3 inches are designed for materials-handling
applications. These fans have specific design features (e.g., built to
resist the impact and erosive wear from large quantities of various
materials passing through the fan housing) that generally limit the
opportunity for improved efficiency. (Docket No. EERE-2013-BT-STD-0006,
Public Meeting Transcript, No. 85 at p. 60). 87 FR 44194, 44202-44203.
Furthermore, testing these fans based on the test method for clean air
fans would not provide a measurement of energy use or energy efficiency
that is representative of an average use cycle. For these reasons, as
discussed in section III.B.2 of this document, DOE is excluding radial
housed unshrouded fans with a diameter less than 30 inches or a blade
width of less than 3 inches at this time.
Robinson further commented that the proposed rule would create an
extreme challenge for the heavy industrial processing industry (e.g.,
mining, refining, metal making, rock product processing, food
production, chemical processing, and much more) in the United States.
Robinson commented that specialty heavy industrial process fans are
significantly different from fans used in commercial or light
industrial applications as they operate in heavy industrial process
facilities that are constrained by significant regulations as well as
engineering requirements. Robinson stated that this means that the
design of the whole process, which requires each part to play a
specific application, is quite complicated and under multiple reviews.
Robinson commented that the fans, as part of the process, are often
designed to perform at several load points, as the design and then the
actual operation of the plant may experience variability. Robinson also
noted that the fans are placed throughout the heavy industrial process
and, depending upon the role of each specific fan, will be forced to
handle particulate, extreme temperatures, dramatic temperature changes,
moisture, corrosive matter, and other items in the air stream. Robinson
noted that the most efficient fan designs are only able to operate in
clean air applications (i.e., where they draw in outside air and blow
it into a part of the heavy industrial process) and that the number of
clean air fans in any heavy industrial process and the amount of energy
they consume, relative to the rest of the process, is small. Instead,
Robinson commented that fans handling air movement through the more
challenging parts of the process are much more likely to consume more
energy, but also deal with variables that limit the efficiency
improvement of that fan. Robinson added that these fans are connected
to the larger whole of the heavy industrial process in which they
operate and are subject to the conditions as they change through the
entire system. Further, if the end goal is to require fans to all
comply with minimum levels of efficiency, Robinson commented that
entire industrial processes will need to be retrofitted to allow all of
the fans within the process to be clean air handling fans. Robinson
commented that not only would this require the reconstruction of entire
heavy industrial processing facilities, but also require that each fan
be bigger or that there be more fans, which would draw greater energy
and therefore be less efficient. Robinson added that it is necessary
for many heavy industrial plant precipitators and baghouses (Air
Pollution Control--APC devices) to operate in a positive pressure
environment to prevent combustion of pollutants captured and collected
in the cleaning device hoppers. In these applications, stated Robinson,
it is necessary for the fans to be located upstream (or in the dirty
air) of the APC device to minimize the risk of fires that would
significantly damage the internals of the APC device. Robinson
commented that the repair/replacement cost of these devices alone, if
damaged by fire, is in the $5 to $10 million range for each, not
including the plant lost production time. Robinson commented that the
cost of adding additional particulate collection equipment upstream of
the existing heavy industrial process fans and APC devices coupled with
the added pressure drop of this equipment will offset any efficiency
benefits since the existing fans will need to be replaced with larger
horsepower fans. In short, Robinson summarized, it would not be
surprising if this forced all heavy industrial processing out of the
United States. (Robinson, No. 43 at pp. 2-3)
At this time, DOE is not adopting energy conservation standards for
fans and blowers, and the test procedure would not impact the
availability of current models. The test procedure does not set any
energy conservation standards and does not result in any non-compliant
fans or necessary redesigns. Any future energy conservation standard
rulemaking would, as part of the analyses conducted to support the
rulemaking, analyze the markets in which fans and blowers are used,
conduct a technology assessment, and evaluate any potential impacts on
technological feasibility, practicability to manufacture, install or
service, equipment utility or equipment availability, health, and
safety as a result of potential standards. In addition, although DOE is
not specifically excluding material handling fans and heavy industrial
processing fans, DOE notes that the test procedure is limited to fan
design points with air power less than 150 hp. In addition, radial
housed unshrouded fan with diameter less than 30 inches or a blade
width of less than 3 inches, safety fans and fans that designed and
marketed to operate at or above 482 degrees Fahrenheit (250 degrees
Celsius) are excluded from the scope of the test procedure. As such,
DOE notes that any fan that meets the scope criteria

[[Page 27336]]

described in section III.B.1 of this document, and is not listed for
exemption as discussed in section III.B.2 and III.B.3 of this document
would be in the scope of the test procedure.

C. Definitions

This section discusses DOE's adopted definitions for specific terms
used in the test procedure for fans and blowers.
1. Fan and Blower Categories
The classification of fans and blowers recommended by the Working
Group for coverage under a test procedure and the corresponding terms
and definitions in AMCA 214-21 and the proposed CEC regulations \51\
are presented in Table III-8 of this document.
---------------------------------------------------------------------------

\51\ See Proposed regulatory language for Commercial and
Industrial Fans and Blowers available in the following Docket: 22-
AAER-01 at: <a href="http://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01">efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01</a>.

Table III-8--Scope Recommended by the Working Group, Corresponding Terms and Definitions
----------------------------------------------------------------------------------------------------------------
Corresponding term and definition
Working group scope recommendations in AMCA 214-21 Corresponding CEC definitions
----------------------------------------------------------------------------------------------------------------
Axial cylindrical housed fan.......... ``Axial inline fan'' means a fan ``Axial-inline fan'' means a fan
with an axial impeller and a with an axial impeller and a
cylindrical housing with or cylindrical housing with or
without turning vanes. without turning vanes. Inlets and
outlets can optionally be ducted.
Panel fan............................. ``Axial panel fan'' means an axial ``Axial-panel fan'' means a fan
fan, without cylindrical housing, with an axial impeller mounted in
that is mounted in a panel, an a short housing, non-cylindrical,
orifice plate or ring. that can be a panel, ring, or
orifice plate. The housing is
typically mounted to a wall
separating two spaces, and the
fans are used to increase the
pressure across this wall. Inlets
and outlets are not ducted.
Centrifugal housed fan, excluding ``Centrifugal housed fan'' means a ``Centrifugal housed fan'' means a
inline fan and radial fan. fan with a centrifugal or mixed fan with a centrifugal or mixed
flow impeller in which airflow flow impeller in which airflow
exits into a housing that is exits into a housing that is
generally scroll-shaped to direct generally scroll-shaped to direct
the air through a single fan the air through a single fan
outlet. A centrifugal housed fan outlet. Inlets and outlets can
does not include a radial optionally be ducted. It does not
impeller*. include a radial impeller.
Centrifugal unhoused fan, excluding ``Centrifugal unhoused fan'' means ``Centrifugal unhoused fan'' means
radial fan. a fan with a centrifugal or mixed a fan with a centrifugal or mix-
flow impeller in which airflow flow impeller in which airflow
enters through a panel and enters through a panel and
discharges into free space. Inlets discharges into free space. Inlets
and outlets are not ducted. This and outlets are not ducted. This
fan type also includes fans fan type also includes fans
designed for use in fan arrays designed for use in fan arrays
that have partition walls that have partition walls
separating the fan from other fans separating the fan from other fans
in the array**. in the array.
Inline and mixed-flow fan............. ``Centrifugal inline fan'' means a ``Centrifugal inline fan'' means a
fan with a centrifugal or mixed fan with a centrifugal or mixed-
flow impeller in which airflow flow impeller in which airflow
enters axially at the fan inlet enters axially at the fan inlet
and the housing redirects radial and the housing redirects radial
airflow from the impeller to exit airflow from the impeller to exit
the fan in an axial direction. the fan in an axial direction.
Inlets and outlets can optionally
be ducted.
Radial housed fan..................... ``Radial-housed fan'' means a fan ``Radial-housed fan'' means a fan
with a radial impeller in which with a radial impeller in which
airflow exits into a housing that airflow exits into a housing that
is generally scroll-shaped to is generally scroll-shaped to
direct the air through a single direct the air through a single
fan outlet. Inlets and outlets can fan outlet. Inlets and outlets can
optionally be ducted. optionally be ducted.
Power roof ventilator................. ``Power roof/wall ventilator ``Power roof ventilator (PRV)'' or
(PRV)'' means a fan with an ``power wall ventilator (PWV)''
internal driver and a housing to means a fan with an internal
prevent precipitation from driver and a housing to prevent
entering the building. It has a precipitation from entering the
base designed to fit over a roof building. It has a base designed
or wall opening, usually by means to fit over a roof or wall
of a roof curb. opening, usually by means of a
roof curb.
----------------------------------------------------------------------------------------------------------------
* The inclusion of ``scroll-shaped'' in this definition excludes inline fans.
** Radial fans are housed and therefore not included in this definition.

In the July 2022 NOPR, DOE proposed to utilize the terminology and
definitions specified in AMCA 214-21 to define the categories of fans
and blowers proposed in the scope of applicability of the test
procedure and tested using AMCA 210-16 as follows: (1) axial inline
fan; (2) centrifugal housed fan; (3) centrifugal unhoused fan; (4)
centrifugal inline fan; (5) radial-housed fan; and (6) PRVs. DOE
proposed to modify the definition of ``axial panel fan'' as provided in
AMCA 214-21 to distinguish these fans from air circulating axial panel
fans, as follows: an axial panel fan is an axial fan, without
cylindrical housing, that includes a panel, orifice plate, or ring with
brackets for mounting through a wall, ceiling, or other structure that
separates the fan's inlet from its outlet. 87 FR 44194, 44211-44212.
In the July 2022 NOPR, DOE noted that the CEC definitions are
similar to the AMCA 214-21 definitions. DOE noted that the inclusion of
additional language in the CEC definitions to indicate a fan's intended
application or whether a fan's inlet or outlet is (optionally, as
relevant) ducted was informative, but did not further distinguish the
terms. In addition, for axial panel fans, DOE noted that the CEC
definitions specified that the housing is typically mounted to a wall
separating two spaces, and the fans are used to increase the pressure
across this wall. DOE stated that the CEC description distinguishes
axial panel fans from axial air circulating panel fans, which do not
have provisions for connection to ducting or separation of the fan
inlet from its outlet. However, DOE noted that the CEC distinction was
based on how the fan was installed and not on a physical design feature
of the fan. Therefore, DOE proposed to rely on physical features and to
define axial panel fans instead. 87 FR 44194, 44211-44212.

[[Page 27337]]

In addition, to support the exclusions proposed in the July 2022
NOPR and clarify which fans would fall under the proposed exclusions,
DOE proposed to adopt definitions of the terms ``induced flow fan'' and
``jet fan'' as established in AMCA 214-21 and ``cross-flow fan'' as
defined in AMCA 208-18. Id. at 87 FR 44212.
In response to the July 2022 NOPR, New York Blower commented that
the definitions in AMCA 214-21 are adequate. (New York Blower, No. 33
at p. 10) AMCA commented in support of the DOE-proposed definitions of
axial inline fan, centrifugal housed fan, centrifugal unhoused fan,
centrifugal inline fan, radial-housed fan, and power roof ventilator,
which are consistent with definitions found in AMCA 214-21. However,
AMCA noted that there would be additional alignment with the CEC's
resultant definitions for the Title 20 fan regulation if DOE were to
add, ``inlets and outlets can optionally be ducted'' to the definitions
of axial inline fan, centrifugal housed fan,

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