Proposed Rule2025-08583

Energy Conservation Program: Energy Conservation Standards for Consumer Furnace Fans

Primary source

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Published
May 16, 2025

Issuing agencies

Energy Department

Abstract

The Department of Energy (DOE or the Department) is considering whether to revise its existing regulations regarding the energy conservation standards for consumer furnace fans adopted under the Energy Policy and Conservation Act (EPCA). DOE is initiating this effort through this request for information (RFI) to invite public input on appropriate standard levels that are technologically feasible, economically justified, and result in significant conservation of energy.

Full Text

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<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Proposed Rules]
[Pages 20873-20876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08583]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2025-BT-STD-0038]
RIN 1904-AG03


Energy Conservation Program: Energy Conservation Standards for 
Consumer Furnace Fans

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

ACTION: Request for information.

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SUMMARY: The Department of Energy (DOE or the Department) is 
considering whether to revise its existing regulations regarding the 
energy conservation standards for consumer furnace fans adopted under 
the Energy Policy and Conservation Act (EPCA). DOE is initiating this 
effort through this request for information (RFI) to invite public 
input on appropriate standard levels that are technologically feasible, 
economically justified, and result in significant conservation of 
energy.

DATES: Comments: Written comments and information are requested and 
will be accepted on or before June 16, 2025.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket 
number EERE-2025-BT-STD-0038. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2025-BT-STD-0038 and or regulatory 
identification number (RIN) 1904-AG03, by any of the following methods:
    (1) Email: <a href="/cdn-cgi/l/email-protection#cd8bb8bfa3acaea88baca3befffdfff89e9989fdfdfef58da8a8e3a9a2a8e3aaa2bb"><span class="__cf_email__" data-cfemail="f3b586819d929096b5929d80c1c3c1c6a0a7b7c3c3c0cbb39696dd979c96dd949c85">[email&#160;protected]</span></a>. Include the docket 
number EERE-2025-BT-STD-0038 and/or RIN 1904-AG03 in the subject line 
of the message. Submit electronic comments in WordPerfect, Microsoft 
Word, PDF, or ASCII file format, and avoid the use of special 
characters or any form of encryption.
    (2) Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. If possible, 
please submit all items on a compact disc (CD), in which case it is not 
necessary to include printed copies.
    (3) Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 1000 
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 
287- 1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimiles (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section IV (Public Participation) of this document.
    Docket: The docket for this rulemaking, which includes Federal 
Register notices, comments, and other supporting documents and 
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All 
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2025-BT-STD-0038">www.regulations.gov/docket/EERE-2025-BT-STD-0038</a>. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket, as 
well as a summary of the rulemaking. See section IV, ``Public 
Participation,'' for further information on how to submit comments 
through <a href="http://www.regulations.gov">www.regulations.gov</a>. In accordance with 5 U.S.C. 553(b)(4), a 
summary of this rule may be found at

[[Page 20874]]

<a href="http://regulations.gov">regulations.gov</a>, under the docket number EERE-2025-BT-STD-0038.

FOR FURTHER INFORMATION CONTACT: Mr. David Taggart, U.S. Department of 
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue 
SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email: 
<a href="/cdn-cgi/l/email-protection#6c2823292b0902091e0d002f0319021f09002c041d42080309420b031a"><span class="__cf_email__" data-cfemail="40040f0507252e2532212c032f352e33252c0028316e242f256e272f36">[email&#160;protected]</span></a>.
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#9bdaebebf7f2faf5f8fec8effaf5fffae9ffe8caeefee8eff2f4f5e8dbfefeb5fff4feb5fcf4ed"><span class="__cf_email__" data-cfemail="83c2f3f3efeae2ede0e6d0f7e2ede7e2f1e7f0d2f6e6f0f7eaecedf0c3e6e6ade7ece6ade4ecf5">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority
II. Background
III. Discussion
IV. Public Participation
V. Approval of the Office of the Secretary

I. Authority

    Among other things, EPCA, Public Law 94-163 (42 U.S.C. 6291-6317, 
as codified), authorizes DOE to regulate the energy efficiency of a 
number of consumer products and certain industrial equipment.\1\ Title 
III, Part B \2\ of EPCA established the Energy Conservation Program for 
Consumer Products Other Than Automobiles. These products include 
consumer furnace fans,\3\ the subject of this document. 42 U.S.C. 
6295(f)(4)(D). Specifically, EPCA directed DOE to establish energy 
conservation standards for electricity used for the purpose of 
circulating air through ductwork. Id.
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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 reflects 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 B was redesignated Part A.
    \3\ The statute directs DOE to prescribe energy conservation 
standards or energy use standards for ``electricity used for 
purposes of circulating air through duct work.'' DOE colloquially 
refers to such products as ``furnace fans.''
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing; (2) labeling; (3) the establishment of Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA specifically include 
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), 
labeling provisions (42 U.S.C. 6294), energy conservation standards (42 
U.S.C. 6295), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. 42 
U.S.C. 6297(a)-(c). DOE may, however, grant waivers of Federal 
preemption in limited circumstances for particular State laws or 
regulations, in accordance with the procedures and other provisions set 
forth under EPCA. 42 U.S.C. 6297(d).
    Subject to certain criteria and conditions, DOE is required to 
develop test procedures to measure the energy efficiency, energy use, 
or estimated annual operating cost of each covered product. 42 U.S.C. 
6295(o)(3)(A);42 U.S.C. 6295(r). The DOE test procedures for consumer 
furnace fans appear at title 10 CFR part 430, subpart B, appendix AA.
    Not later than six years after the issuance of any final rule 
establishing or amending a standard, DOE must publish either a notice 
of proposed determination (NOPD) that standards for the product do not 
need to be amended, or a NOPR including new proposed energy 
conservation standards (proceeding to a final rule, as appropriate). 42 
U.S.C. 6295(m)(1),(3). EPCA further provides that, not later than three 
years the issuance of a final determination not to amend standards, DOE 
must publish either a notification of determination that standards for 
the product do not need to be amended, or a NOPR including new proposed 
energy conservation standards (proceeding to a final rule, as 
appropriate). 42 U.S.C. 6295(m)(3)(B). DOE must make the analysis on 
which a NOPD or NOPR is based publicly available and provide an 
opportunity for written comment. 42 U.S.C. 6295(m)(2).

II. Background

    DOE completed the rulemaking required under 42 U.S.C. 6295(f)(4)(D) 
by publishing a final rule in the Federal Register on July 3, 2014 
(``July 2014 Final Rule''), through which the Department prescribed the 
current energy conservation standards for consumer furnace fans 
manufactured on and after July 3, 2019. 79 FR 38130. These standards 
are set forth in DOE's regulations at 10 CFR 430.32(y) and are shown in 
Table II.1.

 Table II.1--Federal Energy Conservation Standards for Consumer Furnace
                                  Fans
------------------------------------------------------------------------
                                            Fan energy rating ** (watts/
        Furnace fan product class *          1,000 cubic feet per minute
                                                     (``cfm''))
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Non-Weatherized, Non-Condensing Gas (``NWG-     FER = 0.044 * Qmax + 182
 NC'')....................................
Non-Weatherized, Condensing Gas (``NWG-         FER = 0.044 * Qmax + 195
 C'').....................................
Weatherized, Non-Condensing Gas (``WG-          FER = 0.044 * Qmax + 199
 NC'')....................................
Non-Weatherized, Non-Condensing Oil             FER = 0.071 * Qmax + 382
 Furnace Fan (``NWO-NC'').................
Non-Weatherized Electric Furnace/Modular        FER = 0.044 * Qmax + 165
 Blower Fan (``NWEF/NWMB'')...............
Mobile Home Non-Weatherized, Non-               FER = 0.071 * Qmax + 222
 Condensing Gas Furnace Fan (``MH-NWG-
 NC'')....................................
Mobile Home Non-Weatherized, Condensing         FER = 0.071 * Qmax + 240
 Gas Furnace Fan (``MH-NWG-C'')...........
Mobile Home Electric Furnace/Modular            FER = 0.044 * Qmax + 101
 Blower Fan (``MH-EF/MB'')................
Mobile Home Non-Weatherized Oil Furnace                         Reserved
 Fan (``MH-NWO'').........................
Mobile Home Weatherized Gas Furnace Fan                         Reserved
 (``MH-WG'')..............................
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* Furnace fans incorporated into hydronic air handlers, small-duct high-
  velocity (``SDHV'') modular blowers, SDHV electric furnaces, and
  central air conditioners/heat pump indoor units are not subject to the
  standards listed in this table. See section IV.A.1 of this document
  for further discussion.
** Qmax is the airflow, in cfm, at the maximum airflow-control setting
  measured using the final DOE test procedure at 10 CFR part 430,
  subpart B, appendix AA.


[[Page 20875]]

    DOE most recently completed a six-year-lookback review of the 
subject consumer furnace fans standards in a final determination 
published in the Federal Register on October 18, 2024 (``October 2024 
Final Determination''). In that document, DOE determined that the 
energy conservation standards for consumer furnace fans (as adopted in 
the July 2014 Final Rule) do not need to be amended. 89 FR 83990.

III. Discussion

    DOE is considering potential amendments to the energy conservation 
standards for consumer furnace fans codified at 10 CFR 430.32(y). The 
Secretary's is proposing a new policy to reduce regulatory burden 
wherever possible. Unless a regulatory standard is required by statute, 
the Secretary proposes eliminating that requirement. In this case, DOE 
was directed by Congress to adopt standards for consumer furnace fans, 
but the Department is revisiting levels set in the July 2014 Final Rule 
to determine whether they continue to be economically justified in 
light of DOE's new policy supporting energy and water abundance, 
allowing Americans to produce and consume as much energy and water as 
they desire.
    Consequently, DOE seeks public input as to the prior rule's 
consistency with the applicable statutory requirements, the prior 
rule's analysis of costs and benefits, and the prior rule's effect on 
innovation, development, and private enterprise. DOE also seeks public 
input as to alternative standard levels for consumer furnace fans which 
would be technologically feasible, economically justified, and result 
in significant energy savings, as required by EPCA (please provide any 
supporting rationale and data).
    DOE may consider standard levels both higher and lower than those 
currently set forth in 10 CFR 430.32(y). Although the statute provides 
at 42 U.S.C. 6295(o)(1) that ``[t]he Secretary may not prescribe any 
amended standard which increases the maximum allowable energy use . . . 
or decreases the minimum required energy efficiency, of a covered 
product'' (colloquially referred to as the ``anti-backsliding 
provision''), DOE notes that this provision only applies to ``covered 
products.'' ``Covered product'' is defined at 42 U.S.C. 6291(2) as ``a 
consumer product of a type specified in section 6292 of this title.'' 
Consumer furnace fans are not included in 42 U.S.C. 6292, so 
accordingly, appear not to be subject to EPCA's anti-backsliding 
restriction.

IV. Public Participation

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this document. Interested parties may submit comments, 
data, and other information using any of the methods described in the 
ADDRESSES section at the beginning of this document.
    Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The 
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment itself or in any documents attached to your 
comment. Any information that you do not want to be publicly viewable 
should not be included in your comment, nor in any document attached to 
your comment. Otherwise, persons viewing comments will see only first 
and last names, organization names, correspondence containing comments, 
and any documents submitted with the comments.
    Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
<a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received through 
the website will waive any CBI claims for the information submitted. 
For information on submitting CBI, see the Confidential Business 
Information section.
    DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a> 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If 
you do not want your personal contact information to be publicly 
viewable, do not include it in your comment or any accompanying 
documents. Instead, provide your contact information in a cover letter. 
Include your first and last names, email address, telephone number, and 
optional mailing address. The cover letter will not be publicly 
viewable as long as it does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No telefacsimiles (faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, that are written in English, and that are free of any 
defects or viruses. Documents should not contain special characters or 
any form of encryption, and, if possible, they should carry the 
electronic signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier two well-marked copies: 
one copy of the document marked ``confidential'' including all the 
information believed to be confidential, and one copy of the document 
marked ``non-confidential'' with the information believed to be 
confidential deleted. DOE will make its own determination about the 
confidential status of the information and treat it according to its 
determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except

[[Page 20876]]

information deemed to be exempt from public disclosure).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this request 
for information.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

Signing Authority

    This document of the Department of Energy was signed on May 9, 
2025, by Chris Wright, Secretary of Energy. That document with the 
original signature and date is maintained by DOE. For administrative 
purposes only, and in compliance with requirements of the Office of the 
Federal Register, the undersigned DOE Federal Register Liaison Officer 
has been authorized to sign and submit the document in electronic 
format for publication, as an official document of the Department of 
Energy. This administrative process in no way alters the legal effect 
of this document upon publication in the Federal Register.

    Signed in Washington, DC, on May 9, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-08583 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P


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Indexed from Federal Register on May 16, 2025.

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