Energy Conservation Program: Decision and Order Granting a Waiver to ECR International, Inc. From the Department of Energy Furnace Fan Test Procedure, 13530-13535 [2021-04866]
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices
TABLE 1—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS
Item No.
1 .............
2 .............
3 .............
Estimated
annual
respondents
Item
Summer Teacher Institute
Applicants: Application
(NSTI 1).
Summer Teacher Institute
Participants: Application
(NSTI 1).
Survey (NSTI 2) ....................
Webinar/Workshop Survey
(NSTI 3).
Webinar/Workshop Survey
(NSTI 3).
Total
Estimated
annual
responses
Estimated time
for response
(hour)
Estimated
annual burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
2,100
2,100
0.50 (30 minutes)
1,050
$38.69
$40,625
900
900
0.50 (30 minutes)
450
38.69
17,411
........................
........................
900
1,800
0.25 (15 minutes)
0.13 (8 minutes) ...
225
234
38.69
38.69
8,705
9,053
4,000
8,000
0.13 (8 minutes) ...
1,040
38.69
40,238
7,000
13,700
..............................
2,999
................
116,032
...............................................
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1 The USPTO expects that secondary schoolteachers will complete the applications and surveys. The professional hourly rate for secondary
school teachers is $31.69, based upon the May 2019 Occupational Labor Statistics Report for secondary school teachers (25–2031); https://
www.bls.gov/oes/current/oes252031.htm.
Estimated Total Annual (Non-hour)
Respondent Cost Burden: $0. There are
no capital start-up, maintenance,
postage, or recordkeeping costs.
Respondent’s Obligation: Required to
obtain or retain benefits.
publicly available at any time. While
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[FR Doc. 2021–04787 Filed 3–8–21; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF ENERGY
[Case Number 2019–001; EERE–2019–BT–
WAV–0004]
Energy Conservation Program:
Decision and Order Granting a Waiver
to ECR International, Inc. From the
Department of Energy Furnace Fan
Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of decision and
order.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) gives notice of a
Decision and Order (Case Number
2019–001) that grants to ECR
International, Inc. (‘‘ECR’’) a waiver
from specified portions of the DOE test
procedure for determining the energy
consumption of specified furnace fans
basic models, which are belt-driven,
single-speed, and designed for use in
‘‘heat-only’’ applications. Under the
Decision and Order, ECR is required to
test and rate the specified basic models
of its furnace fans in accordance with
SUMMARY:
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the alternate test procedure set forth in
the Decision and Order.
DATES: The Decision and Order is
effective on March 9, 2021. The
Decision and Order will terminate upon
the compliance date of any future
amendment to the test procedure for
furnace fans located at title 10 of the
Code of Federal Regulations (‘‘CFR’’),
part 430, subpart B, appendix AA that
addresses the issues presented in this
waiver. At such time, ECR must use the
relevant test procedure for these
products for any testing to demonstrate
compliance with the applicable
standards, and any other representations
of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
1604. Email: AS_Waiver_Requests@
ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–33, Forrestal Building, 1000
Independence Avenue SW, Washington,
DC 20585. Telephone: (202) 586–5827.
Email: Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with section 430.27(f)(2) of
Title 10 of the Code of Federal
Regulations (10 CFR 430.27(f)(2)), DOE
hereby provides notice of the issuance
of its Decision and Order, as set forth
below. More specifically, the Decision
and Order grants ECR a waiver from the
applicable test procedure at 10 CFR part
430, subpart B, appendix AA for
specified basic models of furnace fans,
and it provides that ECR must test and
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices
rate such products using the alternate
test procedure set forth in the Decision
and Order. ECR’s representations
concerning the energy consumption of
the specified furnace fan basic models
must be based on testing according to
the provisions and restrictions in the
alternate test procedure set forth in the
Decision and Order, and any such
representations must fairly disclose
these test results. Further, the
manufacturer materials (e.g., catalogs,
brochures, and installation and
operation manuals) for the specified
furnace fan basic models must make no
representation that the basic models are
designed to be installed in systems with
an air conditioner. Distributors,
retailers, and private labelers are held to
the same requirements when making
representations regarding the energy
consumption of these products. (42
U.S.C. 6293(c))
Consistent with 10 CFR 430.27(j), not
later than May 10, 2021, any
manufacturer currently distributing in
commerce in the United States products
employing a technology or characteristic
that results in the same need for a
waiver from the applicable test
procedure must submit a petition for
waiver. Manufacturers not currently
distributing such products in commerce
in the United States must petition for
and be granted a waiver prior to the
distribution in commerce of those
products in the United States.
Manufacturers may also submit a
request for interim waiver pursuant to
the requirements of 10 CFR 430.27. 10
CFR 430.27(j).
Case #2019–001
Decision and Order
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I. Background and Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
the U.S. Department of Energy (‘‘DOE’’)
to regulate the energy efficiency of a
number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B 2 of EPCA,
Public Law 94–163 (42 U.S.C. 6291–
6309, as codified), established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles and sets forth a variety of
provisions designed to improve energy
efficiency for certain types of consumer
products. These products include
furnace fans, the focus of this document.
(42 U.S.C. 6295(f)(4)(D))
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
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Under EPCA, the energy conservation
program consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA include definitions (42 U.S.C.
6291), test procedures (42 U.S.C. 6293),
labeling provisions (42 U.S.C. 6294),
energy conservation standards (42
U.S.C. 6295), and the authority to
require information and reports from
manufacturers (42 U.S.C. 6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making
representations about the efficiency of
that product (42 U.S.C. 6293(c)).
Similarly, DOE must use these test
procedures to determine whether the
product complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE is
required to follow when prescribing or
amending test procedures for covered
products. 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
covered product during a representative
average use cycle or period of use and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for
furnace fans is contained the Code of
Federal Regulations (‘‘CFR’’) at 10 CFR
part 430, subpart B, appendix AA,
Uniform Test Method for Measuring the
Energy Consumption of Furnace Fans
(‘‘Appendix AA’’).
Any interested person may submit a
petition for waiver from DOE’s test
procedure requirements. 10 CFR
430.27(a)(1). DOE will grant a waiver
from the test procedure requirements if
DOE determines either that the basic
model for which the waiver was
requested contains a design
characteristic that prevents testing of the
basic model according to the prescribed
test procedures, or that the prescribed
test procedures evaluate the basic model
in a manner so unrepresentative of its
true energy consumption characteristics
as to provide materially inaccurate
comparative data. 10 CFR 430.27(f)(2).
DOE may grant the waiver subject to
conditions, including adherence to
alternate test procedures. Id.
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As soon as practicable after the
granting of any waiver, DOE will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. 10
CFR 430.27(l). As soon thereafter as
practicable, DOE will publish in the
Federal Register a final rule to that
effect. Id. When DOE amends the test
procedure to address the issues
presented in a waiver, the waiver will
automatically terminate on the date on
which use of that test procedure is
required to demonstrate compliance. 10
CFR 430.27(h)(3).
II. ECR’s Petition for Waiver: Assertions
and Determinations
By letter dated February 20, 2019,
ECR filed a petition for waiver and a
petition for interim waiver from the
DOE test procedure applicable to
furnace fans set forth in Appendix AA.
In its petition, ECR asserted that the
furnace fan basic models specified in its
petition,3 which are belt-driven, singlespeed, and designed for ‘‘heating-only’’
applications, have design characteristics
that prevent testing of the basic model
according to the test procedure
prescribed in Appendix AA. ECR
claimed these basic models are factoryequipped for operation at an external
static pressure (‘‘ESP’’) of 0.20″ w.c. and
cannot operate within the ESP range of
0.65″–0.70″ w.c. required in Appendix
AA. ECR stated that the higher ESP
required for the test reduces airflow,
which in turn increases the temperature
rise to the high temperature limit,
resulting in the unit shutting off before
the test can be completed. ECR provided
laboratory test data during the course of
follow-up communications on May 24,
2019, June 3, 2019, August 5, 2019, and
November 11, 2019, showing that the
basic models for which a waiver is
requested shut off at various ESPs
ranging from 0.30″–0.60″ w.c.,
depending on the particular basic
model, with the units shutting down at
an average ESP of 0.47″ w.c.
ECR further asserted that the test
procedure is not representative of the
lower ESPs encountered by heating-only
systems that only have one airflowcontrol setting, as compared to
combined heating/cooling systems. ECR
stated that combined heating/cooling
3 The specific basic models for which the petition
applies are the Airco and Olsen branded furnace
fans basic models BCLB90S2, BCLB100S2,
BCLB120S2, BCLB130S2, BCLB145S2, BFLB90–2,
BFLB100–2, BFLB120–2, BFLB130NX2,
BFLB145NX2, BMLB60B2, BMLB80B2, and
BMLB90B2. The petition is available at: https://
www.regulations.gov/docket?D=EERE-2019-BTWAV-0004.
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systems operate at higher ESP than heatonly systems due to the installation of
an evaporator coil as part of an air
conditioning system, and typically
require different blower speeds for
heating operation and cooling operation.
ECR provided information on the
operating conditions for two field
installations of belt-driven, single-speed
furnaces that are intended for heatingonly operation, showing field ESP
readings that are lower than the ESP
required by Appendix AA.
ECR requested that the specified
models be tested under the current
Appendix AA, with the following
modifications: (1) In section 8.6.1, the
ESP requirement is instead the factoryequipped ESP, increased by 0.08″ w.c.
to accommodate the fact that furnaces
are tested for Fan Energy Rating (‘‘FER’’)
without the air filter under Appendix
AA; (2) sections 8.6.2, Constant
circulation airflow-control setting
measurements, and 8.6.3, Heating
airflow-control setting measurements
are not required; and (3) calculations in
section 10.1, Fan Energy Rating (FER),
are modified to account for the absence
of a separate constant circulation
airflow-control setting and heating
airflow-control setting.
On August 18, 2020, DOE published
in the Federal Register a notice that
announced its receipt of the petition for
waiver, granted ECR an interim waiver,
and requested public comments. 85 FR
50808 (‘‘Notice of Petition for Waiver’’).
In the Notice of Petition for Waiver,
DOE reviewed ECR’s description of the
issue and suggested alternative test
method, as well as test data submitted
by ECR. DOE also reviewed data and
analyses collected and conducted in
support of the final rule establishing the
furnace fan test procedure. Field data
previously analyzed by DOE for a notice
of proposed rulemaking published in
the Federal Register on May 15, 2012
indicated that 0.50″ w.c. is
representative of field conditions for
heating-only furnaces. 77 FR 28674,
28686 (May 15, 2012). Based on this
review, DOE’s Notice of Petition for
Waiver modified the suggested alternate
test procedure in ECR’s petition for
waiver to require that the basic models
specified in the petition be initially
tested at 0.50″–0.55″ w.c., rather than
the 0.28″ w.c. suggested by ECR (which
is the factory-equipped ESP of 0.20″ w.c.
for the basic models for which a waiver
has been requested, increased by 0.08″
w.c. to account for the use of an air filter
in the field). 85 FR 50808, 50811
(August 18, 2020). However, given the
difficulty that a number of the specified
ECR basic models may have in operating
at an ESP of 0.50″ –0.55″ w.c., the
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alternate test procedure further specifies
that if the unit under test shuts down
prior to completion of the test, the ESP
range is incrementally reduced by 0.05″
w.c., and the test is to be re-run. Id. This
process is repeated until a range is
reached at which the test can be
conducted to its conclusion, with a
minimum allowable ESP range of 0.30″–
0.35″ w.c., which corresponds to the
lowest ESP at which shut-off occurred
in the ECR data. Id.
As DOE explained in the Notice of
Petition for Waiver, the alternate test
procedure for the interim waiver did not
waive the requirements of section 8.6.3
of Appendix AA as requested by ECR
because, as DOE discussed in the
furnace fans test procedure final rule
published on January 3, 2014 (‘‘January
2014 Final Rule’’ ), that section is not
applicable to the basic models specified
in the Interim Waiver Order (i.e., models
with only one airflow control setting).
Id., see also 79 FR 500, 514 (Jan. 3,
2014). In the January 2014 Final Rule,
DOE stated that for single-stage units,
EMax, which is calculated in section
8.6.3 of Appendix AA, and EHeat, which
is calculated in section 8.6.1.2, are
equivalent because the maximum
airflow-control setting and the heating
airflow-control setting in which
measurements are specified to be made
are the same, and consequently, the
same value is used for both variables in
the FER equation. 79 FR 500, 514 (Jan.
3, 2014). As such, there is no need to
separately perform that calculation in
section 8.6.3 of Appendix AA. In
addition, section 10.1 of Appendix AA
states that for furnace fans for which the
maximum airflow-control setting is a
default heating airflow-control setting,
QHeat (the airflow in the heating airflowcontrol setting) is equal to QMax (the
airflow in the maximum airflow-control
setting). Based on the discussion in the
January 2014 Final Rule and
calculations in section 10.1, the test in
section 8.6.3 of Appendix AA would not
need to be performed, and, therefore,
DOE found that a waiver was not
required regarding sections 8.6.3 or 10.1
of Appendix AA. 85 FR 50808, 50811
(August 18, 2020).
Regarding the testing in section 8.6.2
of Appendix AA, DOE noted that the
testing required under that section is
different than that required under
section 8.6.1.2 (and section 8.6.3) of
Appendix AA, in that the burner would
be firing only in testing performed
under the latter section. Because the
burner must be firing during the section
8.6.1.2 testing and must be off during
the section 8.6.2 testing, it is possible
that the resulting measurements would
be different. As a result, in the Interim
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Waiver Order, DOE modified the
suggested alternate test procedure to
require that section 8.6.2 of Appendix
AA be conducted, and results of the
testing must be used in the calculation
of FER. 85 FR 50808, 50811–50812
(August 18, 2020).
In the Notice of Petition for Waiver,
DOE also solicited comments from
interested parties on all aspects of the
petition and the specified alternate test
procedure. 85 FR 50808, 50808 (August
18, 2020). DOE received one comment
in response to the Notice of Petition for
Waiver, which was from the California
Investor-Owned Utilities (‘‘CA IOUs’’ ).4
The CA IOUs raised a series of concerns
with the Interim Waiver Order and the
specified alternate test procedure,
specifically the CA IOUs stated: (1) The
Interim Waiver Order results in an
unfair competitive advantage for ECR by
allowing it to sell lower-cost furnaces as
compared to other competitors; (2) the
alternate test procedure is inconsistent
with the requirements of 10 CFR
430.27(a) in that it effectively creates a
new efficiency metric; and (3) based on
manufacturer materials, its seems that
most of the subject furnace fan basic
models are intended for use with an air
conditioner. (CA IOUs, No. 5 at pp.
1–6)
In support of its assertion that the
alternate test procedure would provide
ECR an unfair competitive advantage,
the CA IOUs referenced the rulemaking
for the January 2014 Final Rule in
which DOE did not establish a heatingonly installation type for furnaces. (CA
IOUs, No. 5 at p. 2). As explained in the
April 2, 2013 supplemental notice of
proposed rulemaking (SNOPR) for the
furnace fans test procedure rulemaking,
an industry stakeholder commented that
it was not aware of any product on the
market that would be categorized as a
heating-only product, adding that this
installation type could provide
manufacturers with a means of gaming
the test procedure by modifying its
furnaces to eliminate factory-installed
cooling capabilities, which would allow
such furnaces to be tested at the lower
ESP specified for heating-only units. 78
FR 19606, 19619 (April 2, 2013).
Unaware of any products on the market
that were heating-only and within the
scope of the rulemaking, DOE agreed
that heating-only installation types
should be eliminated from
consideration. Id. However, DOE would
clarify that nothing in EPCA prohibits
the manufacture of a furnace fan
designed for heating-only installations.
4 The CA IOU’s comment can be accessed at:
https://www.regulations.gov/document?D=EERE2019-BT-WAV-0004-0005.
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In its petition for waiver, ECR asserted
that it manufactures furnace fan basic
models for use in heating-only
applications. DOE has further found that
the subject basic models contain design
characteristics which prevent testing of
these basic models according to the
prescribed test procedure at Appendix
AA. Absent a waiver, ECR would be
unable to test the specified furnace fans,
and as a result, it would be unable to
distribute these basic models in
commerce. DOE notes if another
manufacturer is distributing a product
employing a technology or characteristic
that results in the same need for a
waiver, that manufacturer is directed to
submit a petition for waiver to DOE. 10
CFR 430.27(j). Upon receiving a petition
for waiver from any manufacturer that
manufactures furnace fans designed for
heating-only applications, DOE would
evaluate whether such product should
be required to test according to the same
alternate test procedure as prescribed
for the ECR furnace fans. All
manufacturers have the same
opportunity to apply for a similar
waiver to test heating-only fans that are
unable to complete the prescribed test
procedure at Appendix AA.
As noted, the CA IOUs further argued
that by prescribing an ESP for testing
the specified basic models that is lower
than the ESP required in Appendix AA,
DOE is functionally establishing a
different metric contrary to 10 CFR
430.27(a). DOE does not agree with the
CA IOUs’ assertion for the reasons that
follow. Section 430.27(a) provides, in
relevant part, that in granting a waiver
or interim waiver, DOE will not change
the energy use or efficiency metric that
the manufacturer must use to certify
compliance with the applicable energy
conservation standard and to make
representations about the energy use or
efficiency of the covered product. 10
CFR 430.27(a). In support of its
assertion, the CA IOUs referenced DOE’s
statement regarding variable-speed
furnace fans in the January 2014 Final
Rule that it was establishing a test
procedure that specifies one reference
system curve (i.e., the curve
characterized by an ESP value
representing national average operating
conditions of a residential duct system
for a furnace fan operating in the
maximum airflow-control setting) for
each installation type because DOE
cannot set standards based on multiple
metrics. (CA IOUs, No. 5 at p. 2,
referencing 79 FR 500, 507 (Jan. 3,
2014)). However, the discussion that the
CA IOUs reference was in response to
comments encouraging DOE to establish
a multiple-reference system test
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procedure and standards. 79 FR 500,
507 (Jan. 3, 2014). As prescribed by
Appendix AA and the Interim Waiver
Order, testing is conducted based on a
single reference system curve, with the
reference curve representative of the
installation environment. Both
Appendix AA and the Interim Waiver
Order produce measured results using
the FER metric. The FER test procedure
in the alternate test procedure is
identical to that specified for furnace
fans in appendix AA, except for the ESP
setting.
The CA IOUs recommended that
because FER decreases as a function of
ESP (specifically a lower ESP test
condition, as was specified in the
interim waiver, will result in a lower
(i.e., better) FER rating), DOE should
specify an adjustment factor to provide
for comparative results. Specifically, the
CA IOUs suggested multiplying the
tested FER rating by the ratio of the ESP
required in Appendix AA to the ESP
achieved during the test. (CA IOUs, No.
5, pp. 7–8) As stated in the January 2014
Final Rule, the ESP value specified in
Appendix AA is based on field ESP data
collected in cooling airflow-control
settings and is representative of field
ESP in maximum airflow-control
settings. 78 FR 500, 507 (Jan. 3, 2014).
However, as discussed previously in
this notice, the ESP required in
Appendix AA is not representative of
field ESP in heat-only installations
because heat-only installations will not
typically include an evaporator coil in
the air stream. Further, ECR has
demonstrated through test data that
these models cannot even operate at the
ESP condition in the furnace fan test
procedure. A modified rating using an
adjustment factor, such as the one
suggested by the CA IOUs, would
attempt to represent the furnace fan
efficiency at the ESP condition in the
Appendix AA test procedure, which, as
previously discussed, has been
demonstrated to be a condition that
these furnace fans cannot and would not
operate at in the field.
Additionally, the CA IOUs did not
provide information regarding the
theoretical rationale for their proposed
adjustment or whether the accuracy of
their proposed adjustment has been
validated. Further, DOE is not aware of
any conversion equation that has been
validated to accurately predict the
change in FER as ESP varies at a given
fan setting, and also notes that
validating an equation for extrapolating
to FER at an ESP that is higher than that
at which the unit can operate may be
difficult or even not possible (as the unit
cannot operate at that point). As a result
of these considerations regarding the
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13533
accuracy and representativeness of an
adjustment factor, DOE has not added
an adjustment factor to the test
procedure in this waiver.
The CA IOUs also commented that
ECR’s manufacturer materials (e.g.,
websites, marketing materials, product
spec sheets, labels, nameplates) include
cooling capacity specifications for
installation of the basic models subject
to the Interim Waiver Order, which
would indicate that these basic models
are intended to be installed in units that
provide both heating and cooling. (CA
IOUs, No. 5 at pp. 4–6). The CA IOUs
also stated that because the furnace fans
in question have the same nominal
horsepower and higher full-load
amperage as direct drive fans that are
designed for use in systems with air
conditioning, the furnace fans must be
designed to move the same amount of
air at the same pressure. (CA IOUs, No.
5, pp. 5–6)
In response, DOE again notes that ECR
has provided test data showing that the
furnace fans covered by the waiver
request were unable to complete testing
at the static pressures in the test
procedure currently at Appendix AA.
DOE is also requiring as a condition of
the waiver that ECR not make any
representations in any public-facing
materials that these basic models are
designed to be installed in systems that
provide both heating and cooling. This
condition was also included in the
Interim Waiver Order, and ECR has
since updated their literature to comply
with this requirement. DOE has added
recent copies of the material on Airco
and Olsen’s websites to this docket
(EERE–2019–BT–WAV–0004).
The CA IOUs also questioned ECR’s
assertion that absent a waiver, ECR
would be at a competitive disadvantage.
(CA IOUs, No. 5. at pp 3–4) The issue
of competitive disadvantage and
economic hardship relate to evaluation
of a petition for an interim waiver. DOE
will grant an interim waiver from the
test procedure requirements if it appears
likely that the petition for waiver will be
granted and/or if DOE determines that it
would be desirable for public policy
reasons to grant immediate relief
pending a determination on the petition
for waiver. 10 CFR 430.27(e)(2). Based
on DOE’s review presented in the Notice
of Petition for Waiver, DOE determined
that ECR’s petition for waiver likely
would be granted in part, and, therefore,
granted the interim waiver. 85 FR
50808, 50812 (August 18, 2020). ECR
asserted that substantial economic harm
and competitive disadvantage would
result absent a favorable determination
and that the basic models at issue fulfill
a unique need in the market for homes
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that require heating-only solutions.
Based on the totality of ECR’s petition,
DOE also determined that it was
desirable for public policy reasons to
grant ECR immediate relief pending a
determination of the petition for waiver.
Id.
The CA IOUs urged DOE to initiate a
rulemaking to engage stakeholders in an
update of the test procedure at
Appendix AA to address the heatingonly installation type, if DOE finds that
such products do exist, to ensure that all
manufacturers are able to test and
certify their products without the need
to apply for a waiver request. (CA IOUs,
No. 5, p. 9) DOE notes that under 10
CFR 430.27(l), as soon as practicable
after the granting of any waiver, it will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such a waiver.
As soon thereafter as practicable, DOE
will publish in the Federal Register a
final rule to that effect. 10 CFR
430.27(l).
For the reasons explained in this
document and in the Notice of Petition
for Waiver, absent a waiver, the basic
models identified by ECR in its petition
cannot be tested and rated for energy
consumption on a basis representative
of their true energy consumption
characteristics. DOE has reviewed the
alternate procedure specified in the
interim waiver and concludes that it
will allow for the accurate measurement
of the energy use of the furnace fans,
while alleviating the testing problems
associated with ECR’s implementation
of DOE’s applicable furnace fan test
procedure for the specified basic
models.
Thus, DOE is requiring that ECR test
and rate the specified furnace fan basic
models according to the alternate test
procedure set forth in this Decision and
Order, which is identical to the
procedure provided in the interim
waiver. Additionally, the Decision and
Order is conditioned on all
manufacturer materials (including
brochures, catalogs, installation and
operation manuals, etc.) for the basic
models specified in the Order making
no representation that these models are
designed to be installed in systems with
air conditioners.
This Decision and Order is applicable
only to the basic models listed and does
not extend to any other basic models.
DOE evaluates and grants waivers for
only those basic models specifically set
out in the petition, not future models
that may be manufactured by the
petitioner. ECR may request that DOE
extend the scope of this waiver to
include additional basic models that
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employ the same technology as those
listed in this waiver. 10 CFR 430.27(g).
ECR may also submit another petition
for waiver from the test procedure for
additional basic models that employ a
different technology and meet the
criteria for test procedure waivers. 10
CFR 430.27(a)(1).
DOE notes that it may modify or
rescind the waiver at any time upon
DOE’s determination that the factual
basis underlying the petition for waiver
is incorrect, or upon a determination
that the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics. 10 CFR 430.27(k)(1).
Likewise, ECR may request that DOE
rescind or modify the waiver if the
company discovers an error in the
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
430.27(k)(2).
As set forth above, the test procedure
specified in this Decision and Order is
the same as the test procedure proposed
in the Interim Waiver. However, DOE
has added conditions regarding the
manufacturer materials associated with
the covered models to make clear to
consumers and installers that the
models in question are not intended for
use in systems with air conditioners.
III. Consultations With Other Agencies
In accordance with 10 CFR
430.27(f)(2), DOE consulted with the
Federal Trade Commission staff
concerning the ECR petition for waiver.
IV. Order
After careful consideration of all the
materials that were submitted by ECR,
the various public-facing materials (e.g.,
marketing materials, product
specification sheets, and installation
manuals) for the basic models identified
in the petition, and comment received,
in this matter, it is hereby Ordered that:
(1) ECR must, as of the date of
publication of this Decision and Order
in the Federal Register test and rate the
following Airco and Olsen branded
furnace fan basic models with the
alternate test procedure as set forth in
paragraph (2):
Brand
Airco
Airco
Airco
Airco
Airco
Airco
Airco
Airco
Airco
PO 00000
Basic model
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
Frm 00016
Fmt 4703
BCLB90S2
BCLB100S2
BCLB120S2
BCLB130S2
BCLB145S2
BFLB90–2
BFLB100–2
BFLB120–2
BFLB130NX2
Sfmt 4703
Brand
Airco .....................................
Airco .....................................
Airco .....................................
Airco .....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Olsen ....................................
Basic model
BFLB145NX2
BMLB60B2
BMLB80B2
BMLB90B2
BCLB90S2
BCLB100S2
BCLB120S2
BCLB130S2
BCLB145S2
BFLB90–2
BFLB100–2
BFLB120–2
BFLB130NX2
BFLB145NX2
BMLB60B2
BMLB80B2
BMLB90B2
(2) The alternate test procedure for the
ECR’s basic models listed in paragraph
(1) of this Order is the test procedure for
furnace fans prescribed by DOE at 10
CFR part 430, subpart B, appendix AA
(‘‘Appendix AA’’), except that the
external static pressure (‘‘ESP’’) is
adjusted in section 8.6.1.2 of Appendix
AA as described below. All other
requirements of Appendix AA and
DOE’s relevant regulations remain
applicable. The change to section 8.6.1.2
reads as follows:
8.6.1.2. Furnace fans for which the
maximum airflow-control setting is a
default heating airflow-control setting.
Adjust the main burner or electric
heating element controls to the default
heat setting designated for the
maximum airflow-control setting.
Burner adjustments shall be made as
specified by section 8.4.1 of ASHRAE
103–2007 (incorporated by reference,
see § 430.3). Adjust the furnace fan
controls to the maximum airflowcontrol setting. Adjust the external static
pressure to within the range of 0.50″–
0.55″ w.c. by symmetrically restricting
the outlet of the test duct. Maintain
these settings until steady-state
conditions are attained as specified in
sections 8.3, 8.4, and 8.5 of this
appendix and the temperature rise
(DTMax) is at least 18 °F. If at the external
static pressure range of 0.50″ –0.55″ w.c.
the unit under test automatically shuts
off before the conclusion of a valid test,
reduce external static pressure by an
increment of 0.05″ w.c. (i.e., to a range
of 0.45″ –0.50″ w.c) by symmetrically
restricting the outlet of the test duct and
re-run the test. If at the reduced external
static pressure range the unit under test
automatically shuts off before the
conclusion of a valid test, repeat the
incremental reduction of the ESP range
by 0.5″ w.c. until an ESP range is
achieved at which a valid test is
completed. The minimum allowable
external static pressure range is 0.30″
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–0.35″ w.c. Once the external static
pressure is set, do not adjust the test
duct for the remainder of the test.
Measure furnace fan electrical input
power (EMax), fuel or electric resistance
heat kit input energy (QIN, Max), external
static pressure (ESPMax), steady-state
efficiency for this setting (EffySS, Max) as
specified in sections 11.2 and 11.3 of
ASHRAE 103–2007, outlet air
temperature (TMax,Out), and temperature
rise (DTMax).
(3) Representations. ECR may not
make representations about the energy
use of a basic model listed in paragraph
(1) of this Order for compliance,
marketing, or other purposes, unless the
basic model has been tested in
accordance with the provisions set forth
in the Order and such representations
fairly disclose the results of such
testing.
(4) This waiver shall remain in effect
according to the provisions of 10 CFR
430.27.
(5) DOE issues this waiver on the
condition that the statements,
representations, and information
provided by ECR are valid and on the
condition that ECR makes no
representation on any public-facing
materials, including websites, marketing
materials, product spec sheets, labels,
nameplates, etc., that these basic models
are designed to be installed in systems
that provide both heating and cooling. If
ECR makes any modifications to the
controls or configurations of these basic
models, such modifications will render
the waiver invalid with respect to that
basic model, and ECR will either be
required to use the current Federal test
method or submit a new application for
a test procedure waiver. DOE may
rescind or modify this waiver at any
time if it determines the factual basis
underlying the petition for waiver is
incorrect, or the results from the
alternate test procedure are
unrepresentative of a basic model’s true
energy consumption characteristics. 10
CFR 430.27(k)(1). Likewise, ECR may
request that DOE rescind or modify the
waiver if ECR discovers an error in the
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
430.27(k)(2).
(6) Granting of this waiver does not
release ECR from the various
certification requirements set forth at 10
CFR part 429.
Signing Authority
This document of the Department of
Energy was signed on March 4, 2021, by
Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
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19:25 Mar 08, 2021
Jkt 253001
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on March 4,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–04866 Filed 3–8–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EL21–56–000]
Louisiana Public Service Commission,
Arkansas Public Service Commission,
Council of the City of New Orleans,
Louisiana, v. System Energy
Resources, Inc., Entergy Services,
LLC, Entergy Operations, Inc., Entergy
Corporation; Notice of Complaint
Take notice that on March 2, 2021,
pursuant to sections 206, 306, and 309
of the Federal Power Act, 16 U.S.C.
824e, 825e, and 825h and Rule 206 of
the Federal Energy Regulatory
Commission’s (Commission) Rules of
Practice and Procedure, 18 CFR 385.206,
Louisiana Public Service Commission,
Arkansas Public Service Commission,
and Council of The City of New Orleans,
Louisiana (Complainants) filed a formal
complaint against System Energy
Resources, Inc. (SERI), Entergy Services,
LLC, Entergy Operations, Inc., and
Entergy Corporation, (collectively,
Respondents) alleging that SERI has
violated the obligation of prudent utility
management in operating the Grand
Gulf nuclear unit, resulting in large
overcharges to its four affiliated
customers, Entergy Arkansas, LLC,
Entergy Louisiana, LLC, Entergy New
Orleans, LLC, and Entergy Mississippi,
LLC and their customers, pursuant to a
Unit Power Sales Agreement, all as
more fully explained in the complaint.
The Complainants certify that copies
of the complaint were served on the
PO 00000
Frm 00017
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13535
contacts listed for Respondents in the
Commission’s list of Corporate Officials.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. The Respondent’s answer
and all interventions, or protests must
be filed on or before the comment date.
The Respondent’s answer, motions to
intervene, and protests must be served
on the Complainants.
The Commission strongly encourages
electronic filings of comments, protests
and interventions in lieu of paper using
the ‘‘eFiling’’ link at https://
www.ferc.gov. Persons unable to file
electronically may mail similar
pleadings to the Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426. Hand
delivered submissions in docketed
proceedings should be delivered to
Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland
20852.
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov/) using the ‘‘eLibrary’’
link. Enter the docket number excluding
the last three digits in the docket
number field to access the document. At
this time, the Commission has
suspended access to the Commission’s
Public Reference Room, due to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued
by the President on March 13, 2020. For
assistance, contact the Federal Energy
Regulatory Commission at
FERCOnlineSupport@ferc.gov, or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
Comment Date: 5:00 p.m. Eastern
Time on March 22, 2021.
Dated: March 3, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021–04852 Filed 3–8–21; 8:45 am]
BILLING CODE 6717–01–P
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[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Notices]
[Pages 13530-13535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04866]
=======================================================================
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DEPARTMENT OF ENERGY
[Case Number 2019-001; EERE-2019-BT-WAV-0004]
Energy Conservation Program: Decision and Order Granting a Waiver
to ECR International, Inc. From the Department of Energy Furnace Fan
Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a
Decision and Order (Case Number 2019-001) that grants to ECR
International, Inc. (``ECR'') a waiver from specified portions of the
DOE test procedure for determining the energy consumption of specified
furnace fans basic models, which are belt-driven, single-speed, and
designed for use in ``heat-only'' applications. Under the Decision and
Order, ECR is required to test and rate the specified basic models of
its furnace fans in accordance with the alternate test procedure set
forth in the Decision and Order.
DATES: The Decision and Order is effective on March 9, 2021. The
Decision and Order will terminate upon the compliance date of any
future amendment to the test procedure for furnace fans located at
title 10 of the Code of Federal Regulations (``CFR''), part 430,
subpart B, appendix AA that addresses the issues presented in this
waiver. At such time, ECR must use the relevant test procedure for
these products for any testing to demonstrate compliance with the
applicable standards, and any other representations of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1604. Email: [email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, Forrestal Building, 1000 Independence Avenue SW,
Washington, DC 20585. Telephone: (202) 586-5827. Email:
[email protected].
SUPPLEMENTARY INFORMATION: In accordance with section 430.27(f)(2) of
Title 10 of the Code of Federal Regulations (10 CFR 430.27(f)(2)), DOE
hereby provides notice of the issuance of its Decision and Order, as
set forth below. More specifically, the Decision and Order grants ECR a
waiver from the applicable test procedure at 10 CFR part 430, subpart
B, appendix AA for specified basic models of furnace fans, and it
provides that ECR must test and
[[Page 13531]]
rate such products using the alternate test procedure set forth in the
Decision and Order. ECR's representations concerning the energy
consumption of the specified furnace fan basic models must be based on
testing according to the provisions and restrictions in the alternate
test procedure set forth in the Decision and Order, and any such
representations must fairly disclose these test results. Further, the
manufacturer materials (e.g., catalogs, brochures, and installation and
operation manuals) for the specified furnace fan basic models must make
no representation that the basic models are designed to be installed in
systems with an air conditioner. Distributors, retailers, and private
labelers are held to the same requirements when making representations
regarding the energy consumption of these products. (42 U.S.C. 6293(c))
Consistent with 10 CFR 430.27(j), not later than May 10, 2021, any
manufacturer currently distributing in commerce in the United States
products employing a technology or characteristic that results in the
same need for a waiver from the applicable test procedure must submit a
petition for waiver. Manufacturers not currently distributing such
products in commerce in the United States must petition for and be
granted a waiver prior to the distribution in commerce of those
products in the United States. Manufacturers may also submit a request
for interim waiver pursuant to the requirements of 10 CFR 430.27. 10
CFR 430.27(j).
Case #2019-001
Decision and Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes the U.S. Department of Energy (``DOE'') to regulate the
energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of
EPCA, Public Law 94-163 (42 U.S.C. 6291-6309, as codified), established
the Energy Conservation Program for Consumer Products Other Than
Automobiles and sets forth a variety of provisions designed to improve
energy efficiency for certain types of consumer products. These
products include furnace fans, the focus of this document. (42 U.S.C.
6295(f)(4)(D))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
---------------------------------------------------------------------------
Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6291), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of that product (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the product complies with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. 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 covered product during a representative
average use cycle or period of use and requires that test procedures
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for furnace fans is contained the Code of Federal Regulations
(``CFR'') at 10 CFR part 430, subpart B, appendix AA, Uniform Test
Method for Measuring the Energy Consumption of Furnace Fans (``Appendix
AA'').
Any interested person may submit a petition for waiver from DOE's
test procedure requirements. 10 CFR 430.27(a)(1). DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2).
DOE may grant the waiver subject to conditions, including adherence to
alternate test procedures. Id.
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 430.27(l). As soon thereafter as practicable,
DOE will publish in the Federal Register a final rule to that effect.
Id. When DOE amends the test procedure to address the issues presented
in a waiver, the waiver will automatically terminate on the date on
which use of that test procedure is required to demonstrate compliance.
10 CFR 430.27(h)(3).
II. ECR's Petition for Waiver: Assertions and Determinations
By letter dated February 20, 2019, ECR filed a petition for waiver
and a petition for interim waiver from the DOE test procedure
applicable to furnace fans set forth in Appendix AA. In its petition,
ECR asserted that the furnace fan basic models specified in its
petition,\3\ which are belt-driven, single-speed, and designed for
``heating-only'' applications, have design characteristics that prevent
testing of the basic model according to the test procedure prescribed
in Appendix AA. ECR claimed these basic models are factory-equipped for
operation at an external static pressure (``ESP'') of 0.20'' w.c. and
cannot operate within the ESP range of 0.65''-0.70'' w.c. required in
Appendix AA. ECR stated that the higher ESP required for the test
reduces airflow, which in turn increases the temperature rise to the
high temperature limit, resulting in the unit shutting off before the
test can be completed. ECR provided laboratory test data during the
course of follow-up communications on May 24, 2019, June 3, 2019,
August 5, 2019, and November 11, 2019, showing that the basic models
for which a waiver is requested shut off at various ESPs ranging from
0.30''-0.60'' w.c., depending on the particular basic model, with the
units shutting down at an average ESP of 0.47'' w.c.
---------------------------------------------------------------------------
\3\ The specific basic models for which the petition applies are
the Airco and Olsen branded furnace fans basic models BCLB90S2,
BCLB100S2, BCLB120S2, BCLB130S2, BCLB145S2, BFLB90-2, BFLB100-2,
BFLB120-2, BFLB130NX2, BFLB145NX2, BMLB60B2, BMLB80B2, and BMLB90B2.
The petition is available at: https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0004.
---------------------------------------------------------------------------
ECR further asserted that the test procedure is not representative
of the lower ESPs encountered by heating-only systems that only have
one airflow-control setting, as compared to combined heating/cooling
systems. ECR stated that combined heating/cooling
[[Page 13532]]
systems operate at higher ESP than heat-only systems due to the
installation of an evaporator coil as part of an air conditioning
system, and typically require different blower speeds for heating
operation and cooling operation. ECR provided information on the
operating conditions for two field installations of belt-driven,
single-speed furnaces that are intended for heating-only operation,
showing field ESP readings that are lower than the ESP required by
Appendix AA.
ECR requested that the specified models be tested under the current
Appendix AA, with the following modifications: (1) In section 8.6.1,
the ESP requirement is instead the factory-equipped ESP, increased by
0.08'' w.c. to accommodate the fact that furnaces are tested for Fan
Energy Rating (``FER'') without the air filter under Appendix AA; (2)
sections 8.6.2, Constant circulation airflow-control setting
measurements, and 8.6.3, Heating airflow-control setting measurements
are not required; and (3) calculations in section 10.1, Fan Energy
Rating (FER), are modified to account for the absence of a separate
constant circulation airflow-control setting and heating airflow-
control setting.
On August 18, 2020, DOE published in the Federal Register a notice
that announced its receipt of the petition for waiver, granted ECR an
interim waiver, and requested public comments. 85 FR 50808 (``Notice of
Petition for Waiver''). In the Notice of Petition for Waiver, DOE
reviewed ECR's description of the issue and suggested alternative test
method, as well as test data submitted by ECR. DOE also reviewed data
and analyses collected and conducted in support of the final rule
establishing the furnace fan test procedure. Field data previously
analyzed by DOE for a notice of proposed rulemaking published in the
Federal Register on May 15, 2012 indicated that 0.50'' w.c. is
representative of field conditions for heating-only furnaces. 77 FR
28674, 28686 (May 15, 2012). Based on this review, DOE's Notice of
Petition for Waiver modified the suggested alternate test procedure in
ECR's petition for waiver to require that the basic models specified in
the petition be initially tested at 0.50''-0.55'' w.c., rather than the
0.28'' w.c. suggested by ECR (which is the factory-equipped ESP of
0.20'' w.c. for the basic models for which a waiver has been requested,
increased by 0.08'' w.c. to account for the use of an air filter in the
field). 85 FR 50808, 50811 (August 18, 2020). However, given the
difficulty that a number of the specified ECR basic models may have in
operating at an ESP of 0.50'' -0.55'' w.c., the alternate test
procedure further specifies that if the unit under test shuts down
prior to completion of the test, the ESP range is incrementally reduced
by 0.05'' w.c., and the test is to be re-run. Id. This process is
repeated until a range is reached at which the test can be conducted to
its conclusion, with a minimum allowable ESP range of 0.30''-0.35''
w.c., which corresponds to the lowest ESP at which shut-off occurred in
the ECR data. Id.
As DOE explained in the Notice of Petition for Waiver, the
alternate test procedure for the interim waiver did not waive the
requirements of section 8.6.3 of Appendix AA as requested by ECR
because, as DOE discussed in the furnace fans test procedure final rule
published on January 3, 2014 (``January 2014 Final Rule'' ), that
section is not applicable to the basic models specified in the Interim
Waiver Order (i.e., models with only one airflow control setting). Id.,
see also 79 FR 500, 514 (Jan. 3, 2014). In the January 2014 Final Rule,
DOE stated that for single-stage units, EMax, which is
calculated in section 8.6.3 of Appendix AA, and EHeat, which
is calculated in section 8.6.1.2, are equivalent because the maximum
airflow-control setting and the heating airflow-control setting in
which measurements are specified to be made are the same, and
consequently, the same value is used for both variables in the FER
equation. 79 FR 500, 514 (Jan. 3, 2014). As such, there is no need to
separately perform that calculation in section 8.6.3 of Appendix AA. In
addition, section 10.1 of Appendix AA states that for furnace fans for
which the maximum airflow-control setting is a default heating airflow-
control setting, QHeat (the airflow in the heating airflow-
control setting) is equal to QMax (the airflow in the
maximum airflow-control setting). Based on the discussion in the
January 2014 Final Rule and calculations in section 10.1, the test in
section 8.6.3 of Appendix AA would not need to be performed, and,
therefore, DOE found that a waiver was not required regarding sections
8.6.3 or 10.1 of Appendix AA. 85 FR 50808, 50811 (August 18, 2020).
Regarding the testing in section 8.6.2 of Appendix AA, DOE noted
that the testing required under that section is different than that
required under section 8.6.1.2 (and section 8.6.3) of Appendix AA, in
that the burner would be firing only in testing performed under the
latter section. Because the burner must be firing during the section
8.6.1.2 testing and must be off during the section 8.6.2 testing, it is
possible that the resulting measurements would be different. As a
result, in the Interim Waiver Order, DOE modified the suggested
alternate test procedure to require that section 8.6.2 of Appendix AA
be conducted, and results of the testing must be used in the
calculation of FER. 85 FR 50808, 50811-50812 (August 18, 2020).
In the Notice of Petition for Waiver, DOE also solicited comments
from interested parties on all aspects of the petition and the
specified alternate test procedure. 85 FR 50808, 50808 (August 18,
2020). DOE received one comment in response to the Notice of Petition
for Waiver, which was from the California Investor-Owned Utilities
(``CA IOUs'' ).\4\ The CA IOUs raised a series of concerns with the
Interim Waiver Order and the specified alternate test procedure,
specifically the CA IOUs stated: (1) The Interim Waiver Order results
in an unfair competitive advantage for ECR by allowing it to sell
lower-cost furnaces as compared to other competitors; (2) the alternate
test procedure is inconsistent with the requirements of 10 CFR
430.27(a) in that it effectively creates a new efficiency metric; and
(3) based on manufacturer materials, its seems that most of the subject
furnace fan basic models are intended for use with an air conditioner.
(CA IOUs, No. 5 at pp. 1-6)
---------------------------------------------------------------------------
\4\ The CA IOU's comment can be accessed at: https://www.regulations.gov/document?D=EERE-2019-BT-WAV-0004-0005.
---------------------------------------------------------------------------
In support of its assertion that the alternate test procedure would
provide ECR an unfair competitive advantage, the CA IOUs referenced the
rulemaking for the January 2014 Final Rule in which DOE did not
establish a heating-only installation type for furnaces. (CA IOUs, No.
5 at p. 2). As explained in the April 2, 2013 supplemental notice of
proposed rulemaking (SNOPR) for the furnace fans test procedure
rulemaking, an industry stakeholder commented that it was not aware of
any product on the market that would be categorized as a heating-only
product, adding that this installation type could provide manufacturers
with a means of gaming the test procedure by modifying its furnaces to
eliminate factory-installed cooling capabilities, which would allow
such furnaces to be tested at the lower ESP specified for heating-only
units. 78 FR 19606, 19619 (April 2, 2013). Unaware of any products on
the market that were heating-only and within the scope of the
rulemaking, DOE agreed that heating-only installation types should be
eliminated from consideration. Id. However, DOE would clarify that
nothing in EPCA prohibits the manufacture of a furnace fan designed for
heating-only installations.
[[Page 13533]]
In its petition for waiver, ECR asserted that it manufactures
furnace fan basic models for use in heating-only applications. DOE has
further found that the subject basic models contain design
characteristics which prevent testing of these basic models according
to the prescribed test procedure at Appendix AA. Absent a waiver, ECR
would be unable to test the specified furnace fans, and as a result, it
would be unable to distribute these basic models in commerce. DOE notes
if another manufacturer is distributing a product employing a
technology or characteristic that results in the same need for a
waiver, that manufacturer is directed to submit a petition for waiver
to DOE. 10 CFR 430.27(j). Upon receiving a petition for waiver from any
manufacturer that manufactures furnace fans designed for heating-only
applications, DOE would evaluate whether such product should be
required to test according to the same alternate test procedure as
prescribed for the ECR furnace fans. All manufacturers have the same
opportunity to apply for a similar waiver to test heating-only fans
that are unable to complete the prescribed test procedure at Appendix
AA.
As noted, the CA IOUs further argued that by prescribing an ESP for
testing the specified basic models that is lower than the ESP required
in Appendix AA, DOE is functionally establishing a different metric
contrary to 10 CFR 430.27(a). DOE does not agree with the CA IOUs'
assertion for the reasons that follow. Section 430.27(a) provides, in
relevant part, that in granting a waiver or interim waiver, DOE will
not change the energy use or efficiency metric that the manufacturer
must use to certify compliance with the applicable energy conservation
standard and to make representations about the energy use or efficiency
of the covered product. 10 CFR 430.27(a). In support of its assertion,
the CA IOUs referenced DOE's statement regarding variable-speed furnace
fans in the January 2014 Final Rule that it was establishing a test
procedure that specifies one reference system curve (i.e., the curve
characterized by an ESP value representing national average operating
conditions of a residential duct system for a furnace fan operating in
the maximum airflow-control setting) for each installation type because
DOE cannot set standards based on multiple metrics. (CA IOUs, No. 5 at
p. 2, referencing 79 FR 500, 507 (Jan. 3, 2014)). However, the
discussion that the CA IOUs reference was in response to comments
encouraging DOE to establish a multiple-reference system test procedure
and standards. 79 FR 500, 507 (Jan. 3, 2014). As prescribed by Appendix
AA and the Interim Waiver Order, testing is conducted based on a single
reference system curve, with the reference curve representative of the
installation environment. Both Appendix AA and the Interim Waiver Order
produce measured results using the FER metric. The FER test procedure
in the alternate test procedure is identical to that specified for
furnace fans in appendix AA, except for the ESP setting.
The CA IOUs recommended that because FER decreases as a function of
ESP (specifically a lower ESP test condition, as was specified in the
interim waiver, will result in a lower (i.e., better) FER rating), DOE
should specify an adjustment factor to provide for comparative results.
Specifically, the CA IOUs suggested multiplying the tested FER rating
by the ratio of the ESP required in Appendix AA to the ESP achieved
during the test. (CA IOUs, No. 5, pp. 7-8) As stated in the January
2014 Final Rule, the ESP value specified in Appendix AA is based on
field ESP data collected in cooling airflow-control settings and is
representative of field ESP in maximum airflow-control settings. 78 FR
500, 507 (Jan. 3, 2014). However, as discussed previously in this
notice, the ESP required in Appendix AA is not representative of field
ESP in heat-only installations because heat-only installations will not
typically include an evaporator coil in the air stream. Further, ECR
has demonstrated through test data that these models cannot even
operate at the ESP condition in the furnace fan test procedure. A
modified rating using an adjustment factor, such as the one suggested
by the CA IOUs, would attempt to represent the furnace fan efficiency
at the ESP condition in the Appendix AA test procedure, which, as
previously discussed, has been demonstrated to be a condition that
these furnace fans cannot and would not operate at in the field.
Additionally, the CA IOUs did not provide information regarding the
theoretical rationale for their proposed adjustment or whether the
accuracy of their proposed adjustment has been validated. Further, DOE
is not aware of any conversion equation that has been validated to
accurately predict the change in FER as ESP varies at a given fan
setting, and also notes that validating an equation for extrapolating
to FER at an ESP that is higher than that at which the unit can operate
may be difficult or even not possible (as the unit cannot operate at
that point). As a result of these considerations regarding the accuracy
and representativeness of an adjustment factor, DOE has not added an
adjustment factor to the test procedure in this waiver.
The CA IOUs also commented that ECR's manufacturer materials (e.g.,
websites, marketing materials, product spec sheets, labels, nameplates)
include cooling capacity specifications for installation of the basic
models subject to the Interim Waiver Order, which would indicate that
these basic models are intended to be installed in units that provide
both heating and cooling. (CA IOUs, No. 5 at pp. 4-6). The CA IOUs also
stated that because the furnace fans in question have the same nominal
horsepower and higher full-load amperage as direct drive fans that are
designed for use in systems with air conditioning, the furnace fans
must be designed to move the same amount of air at the same pressure.
(CA IOUs, No. 5, pp. 5-6)
In response, DOE again notes that ECR has provided test data
showing that the furnace fans covered by the waiver request were unable
to complete testing at the static pressures in the test procedure
currently at Appendix AA. DOE is also requiring as a condition of the
waiver that ECR not make any representations in any public-facing
materials that these basic models are designed to be installed in
systems that provide both heating and cooling. This condition was also
included in the Interim Waiver Order, and ECR has since updated their
literature to comply with this requirement. DOE has added recent copies
of the material on Airco and Olsen's websites to this docket (EERE-
2019-BT-WAV-0004).
The CA IOUs also questioned ECR's assertion that absent a waiver,
ECR would be at a competitive disadvantage. (CA IOUs, No. 5. at pp 3-4)
The issue of competitive disadvantage and economic hardship relate to
evaluation of a petition for an interim waiver. DOE will grant an
interim waiver from the test procedure requirements if it appears
likely that the petition for waiver will be granted and/or if DOE
determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination on the petition for
waiver. 10 CFR 430.27(e)(2). Based on DOE's review presented in the
Notice of Petition for Waiver, DOE determined that ECR's petition for
waiver likely would be granted in part, and, therefore, granted the
interim waiver. 85 FR 50808, 50812 (August 18, 2020). ECR asserted that
substantial economic harm and competitive disadvantage would result
absent a favorable determination and that the basic models at issue
fulfill a unique need in the market for homes
[[Page 13534]]
that require heating-only solutions. Based on the totality of ECR's
petition, DOE also determined that it was desirable for public policy
reasons to grant ECR immediate relief pending a determination of the
petition for waiver. Id.
The CA IOUs urged DOE to initiate a rulemaking to engage
stakeholders in an update of the test procedure at Appendix AA to
address the heating-only installation type, if DOE finds that such
products do exist, to ensure that all manufacturers are able to test
and certify their products without the need to apply for a waiver
request. (CA IOUs, No. 5, p. 9) DOE notes that under 10 CFR 430.27(l),
as soon as practicable after the granting of any waiver, it will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such a waiver. As soon thereafter as practicable, DOE will publish
in the Federal Register a final rule to that effect. 10 CFR 430.27(l).
For the reasons explained in this document and in the Notice of
Petition for Waiver, absent a waiver, the basic models identified by
ECR in its petition cannot be tested and rated for energy consumption
on a basis representative of their true energy consumption
characteristics. DOE has reviewed the alternate procedure specified in
the interim waiver and concludes that it will allow for the accurate
measurement of the energy use of the furnace fans, while alleviating
the testing problems associated with ECR's implementation of DOE's
applicable furnace fan test procedure for the specified basic models.
Thus, DOE is requiring that ECR test and rate the specified furnace
fan basic models according to the alternate test procedure set forth in
this Decision and Order, which is identical to the procedure provided
in the interim waiver. Additionally, the Decision and Order is
conditioned on all manufacturer materials (including brochures,
catalogs, installation and operation manuals, etc.) for the basic
models specified in the Order making no representation that these
models are designed to be installed in systems with air conditioners.
This Decision and Order is applicable only to the basic models
listed and does not extend to any other basic models. DOE evaluates and
grants waivers for only those basic models specifically set out in the
petition, not future models that may be manufactured by the petitioner.
ECR may request that DOE extend the scope of this waiver to include
additional basic models that employ the same technology as those listed
in this waiver. 10 CFR 430.27(g). ECR may also submit another petition
for waiver from the test procedure for additional basic models that
employ a different technology and meet the criteria for test procedure
waivers. 10 CFR 430.27(a)(1).
DOE notes that it may modify or rescind the waiver at any time upon
DOE's determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, ECR
may request that DOE rescind or modify the waiver if the company
discovers an error in the information provided to DOE as part of its
petition, determines that the waiver is no longer needed, or for other
appropriate reasons. 10 CFR 430.27(k)(2).
As set forth above, the test procedure specified in this Decision
and Order is the same as the test procedure proposed in the Interim
Waiver. However, DOE has added conditions regarding the manufacturer
materials associated with the covered models to make clear to consumers
and installers that the models in question are not intended for use in
systems with air conditioners.
III. Consultations With Other Agencies
In accordance with 10 CFR 430.27(f)(2), DOE consulted with the
Federal Trade Commission staff concerning the ECR petition for waiver.
IV. Order
After careful consideration of all the materials that were
submitted by ECR, the various public-facing materials (e.g., marketing
materials, product specification sheets, and installation manuals) for
the basic models identified in the petition, and comment received, in
this matter, it is hereby Ordered that:
(1) ECR must, as of the date of publication of this Decision and
Order in the Federal Register test and rate the following Airco and
Olsen branded furnace fan basic models with the alternate test
procedure as set forth in paragraph (2):
------------------------------------------------------------------------
Brand Basic model
------------------------------------------------------------------------
Airco................................... BCLB90S2
Airco................................... BCLB100S2
Airco................................... BCLB120S2
Airco................................... BCLB130S2
Airco................................... BCLB145S2
Airco................................... BFLB90-2
Airco................................... BFLB100-2
Airco................................... BFLB120-2
Airco................................... BFLB130NX2
Airco................................... BFLB145NX2
Airco................................... BMLB60B2
Airco................................... BMLB80B2
Airco................................... BMLB90B2
Olsen................................... BCLB90S2
Olsen................................... BCLB100S2
Olsen................................... BCLB120S2
Olsen................................... BCLB130S2
Olsen................................... BCLB145S2
Olsen................................... BFLB90-2
Olsen................................... BFLB100-2
Olsen................................... BFLB120-2
Olsen................................... BFLB130NX2
Olsen................................... BFLB145NX2
Olsen................................... BMLB60B2
Olsen................................... BMLB80B2
Olsen................................... BMLB90B2
------------------------------------------------------------------------
(2) The alternate test procedure for the ECR's basic models listed
in paragraph (1) of this Order is the test procedure for furnace fans
prescribed by DOE at 10 CFR part 430, subpart B, appendix AA
(``Appendix AA''), except that the external static pressure (``ESP'')
is adjusted in section 8.6.1.2 of Appendix AA as described below. All
other requirements of Appendix AA and DOE's relevant regulations remain
applicable. The change to section 8.6.1.2 reads as follows:
8.6.1.2. Furnace fans for which the maximum airflow-control setting
is a default heating airflow-control setting. Adjust the main burner or
electric heating element controls to the default heat setting
designated for the maximum airflow-control setting. Burner adjustments
shall be made as specified by section 8.4.1 of ASHRAE 103-2007
(incorporated by reference, see Sec. 430.3). Adjust the furnace fan
controls to the maximum airflow-control setting. Adjust the external
static pressure to within the range of 0.50''-0.55'' w.c. by
symmetrically restricting the outlet of the test duct. Maintain these
settings until steady-state conditions are attained as specified in
sections 8.3, 8.4, and 8.5 of this appendix and the temperature rise
([Delta]TMax) is at least 18 [deg]F. If at the external
static pressure range of 0.50'' -0.55'' w.c. the unit under test
automatically shuts off before the conclusion of a valid test, reduce
external static pressure by an increment of 0.05'' w.c. (i.e., to a
range of 0.45'' -0.50'' w.c) by symmetrically restricting the outlet of
the test duct and re-run the test. If at the reduced external static
pressure range the unit under test automatically shuts off before the
conclusion of a valid test, repeat the incremental reduction of the ESP
range by 0.5'' w.c. until an ESP range is achieved at which a valid
test is completed. The minimum allowable external static pressure range
is 0.30''
[[Page 13535]]
-0.35'' w.c. Once the external static pressure is set, do not adjust
the test duct for the remainder of the test. Measure furnace fan
electrical input power (EMax), fuel or electric resistance
heat kit input energy (QIN, Max), external static pressure
(ESPMax), steady-state efficiency for this setting
(EffySS, Max) as specified in sections 11.2 and 11.3 of
ASHRAE 103-2007, outlet air temperature (TMax,Out), and
temperature rise ([Delta]TMax).
(3) Representations. ECR may not make representations about the
energy use of a basic model listed in paragraph (1) of this Order for
compliance, marketing, or other purposes, unless the basic model has
been tested in accordance with the provisions set forth in the Order
and such representations fairly disclose the results of such testing.
(4) This waiver shall remain in effect according to the provisions
of 10 CFR 430.27.
(5) DOE issues this waiver on the condition that the statements,
representations, and information provided by ECR are valid and on the
condition that ECR makes no representation on any public-facing
materials, including websites, marketing materials, product spec
sheets, labels, nameplates, etc., that these basic models are designed
to be installed in systems that provide both heating and cooling. If
ECR makes any modifications to the controls or configurations of these
basic models, such modifications will render the waiver invalid with
respect to that basic model, and ECR will either be required to use the
current Federal test method or submit a new application for a test
procedure waiver. DOE may rescind or modify this waiver at any time if
it determines the factual basis underlying the petition for waiver is
incorrect, or the results from the alternate test procedure are
unrepresentative of a basic model's true energy consumption
characteristics. 10 CFR 430.27(k)(1). Likewise, ECR may request that
DOE rescind or modify the waiver if ECR discovers an error in the
information provided to DOE as part of its petition, determines that
the waiver is no longer needed, or for other appropriate reasons. 10
CFR 430.27(k)(2).
(6) Granting of this waiver does not release ECR from the various
certification requirements set forth at 10 CFR part 429.
Signing Authority
This document of the Department of Energy was signed on March 4,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on March 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-04866 Filed 3-8-21; 8:45 am]
BILLING CODE 6450-01-P
