Energy Conservation Program: Final Determination of Fans and Blowers as Covered Equipment, 46579-46590 [2021-17715]

Download as PDF 46579 Rules and Regulations Federal Register Vol. 86, No. 158 Thursday, August 19, 2021 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF ENERGY 10 CFR Part 431 [EERE–2011–BT–DET–0045] RIN 1905–AC55 Energy Conservation Program: Final Determination of Fans and Blowers as Covered Equipment Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule; final determination. lotter on DSK11XQN23PROD with RULES1 AGENCY: SUMMARY: The U.S. Department of Energy (‘‘DOE’’) is classifying certain fans and blowers as covered equipment under Part A–1 of Title III of the Energy Policy and Conservation Act, as amended. Accordingly, this document establishes the definition of equipment that is considered fans and blowers. DATES: This final determination is effective September 20, 2021. ADDRESSES: Docket: The docket, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov 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 www.regulations.gov/docket/EERE2011-BT-DET-0045. The docket web page contains instructions on how to access all documents, including public comments, in the docket. FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Email: VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 ApplianceStandardsQuestions@ ee.doe.gov. Ms. Amelia Whiting, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW, Washington, DC 20585. Telephone: (202) 586–2588. Email: Amelia.Whiting@hq.doe.gov. For further information on how to review other public comments and the docket contact the Appliance and Equipment Standards Program staff at (202) 287–1445 or by email: ApplianceStandardsQuestions@ ee.doe.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction A. Authority B. Background II. General Discussion A. Definition and Scope of Coverage B. Evaluation of Fans and Blowers as Covered Equipment 1. Energy Consumption in Operation 2. Distribution in Commerce 3. Prior Inclusion as a Covered Product 4. Coverage Necessary To Carry Out the Purposes of Part A–1 C. Final Determination III. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 B. Review Under the Regulatory Flexibility Act C. Review Under the National Environmental Policy Act of 1969 D. Review Under Executive Order 13132 E. Review Under Executive Order 12988 F. Review Under the Unfunded Mandates Reform Act of 1995 G. Review Under the Treasury and General Government Appropriations Act, 1999 H. Review Under Executive Order 12630 I. Review Under the Treasury and General Government Appropriations Act, 2001 J. Review Under Executive Order 13211 K. Information Quality L. Congressional Notification IV. Approval of the Office of the Secretary I. Introduction The following section briefly discusses the statutory authority underlying this determination, as well as the relevant historical background to the inclusion of fans and blowers as covered equipment under the Energy Policy and Conservation Act, as amended (‘‘EPCA’’).1 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). PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 A. Authority EPCA authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291– 6317) Title III, Part C 2 of EPCA, added by Public Law 95–619, Title IV, section 441(a) (42 U.S.C. 6311–6317, as codified), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency of certain commercial and industrial equipment (hereafter referred to as ‘‘covered equipment’’). The purpose of Part A–1 is to improve the efficiency of electric motors and pumps and certain other industrial equipment in order to conserve the energy resources of the Nation. (42 U.S.C. 6312(a)) EPCA specifies a list of equipment that constitutes covered equipment.3 EPCA also provides that ‘‘covered equipment’’ includes any other type of industrial equipment for which the Secretary of Energy (‘‘Secretary’’) determines inclusion is necessary to carry out the purpose of Part A–1. (42 U.S.C. 6311(1)(L); 42 U.S.C. 6312(b)) EPCA specifies the types of equipment that can be classified as industrial equipment. (42 U.S.C. 6311(2) This equipment includes fans and blowers. (42 U.S.C. 6311(2)(B)(ii) and (iii)). Industrial equipment must be of a type that consumes, or is designed to consume, energy in operation; is distributed in commerce for industrial or commercial use; and is not a covered product as defined in 42 U.S.C. 6291(a)(2) of EPCA other than a component of a covered product with respect to which there is in effect a determination under section 6312(c). (42 U.S.C. 6311(2)(A)). 2 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A–1 and hereafter referred to as Part A–1. 3 ‘‘Covered equipment’’ means one of the following types of industrial equipment: Electric motors and pumps; small commercial package air conditioning and heating equipment; large commercial package air conditioning and heating equipment; very large commercial package air conditioning and heating equipment; commercial refrigerators, freezers, and refrigerator-freezers; automatic commercial ice makers; walk-in coolers and walk-in freezers; commercial clothes washers; packaged terminal air-conditioners and packaged terminal heat pumps; warm air furnaces and packaged boilers; and storage water heaters, instantaneous water heaters, and unfired hot water storage tanks. (42 U.S.C. 6311(1)(A)–(K)) E:\FR\FM\19AUR1.SGM 19AUR1 46580 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 B. Background On June 28, 2011, DOE published a notice of proposed determination of coverage proposing to determine that fans, blowers, and fume hoods qualify as covered equipment (‘‘June 2011 NOPD’’). 76 FR 37678. DOE noted that there are no statutory definitions for ‘‘fan,’’ ‘‘blower,’’ or ‘‘fume hood,’’ and presented definitions for consideration. 76 FR 37678, 37679. In the June 2011 NOPD, DOE preliminarily determined that coverage of fans, blowers, and fume hoods is necessary to carry out the purposes of Part A–1 because coverage would promote the conservation of energy supplies. 76 FR 37678, 37680. DOE estimated that technologies exist which can reduce the electricity consumption of fans and blowers by as much as 20 percent and that there are technologies and design strategies for fume hoods that could reduce energy use by 50 percent. Id. DOE requested comment on the proposed definitions and its preliminary determination that coverage of fans, blowers, and fume hoods is necessary to carry out the purposes of Part A–1. 76 FR 37678, 37682. DOE received seven comments in response to the June 2011 NOPD from the interested parties listed in Table II– 1 of this document. DOE subsequently published a framework document 4 detailing an analytical approach for developing potential energy conservation standards for commercial and industrial fans and blowers should the Secretary classify such equipment as covered equipment. 78 FR 7306 (Feb. 1, 2013). In the January 2013 Framework Document, DOE also requested feedback from interested parties generally on issues related to test methods for evaluating the energy efficiency of commercial and industrial fans and blowers (January 2013 Framework Document at pp. 16–25). In the January 2013 Framework Document DOE determined that it lacks authority to establish energy conservation standards for fume hoods because fume hoods are not listed as a type of equipment for which DOE could establish standards (January 2013 Framework Document at p. 15). DOE acknowledged that the fan that provides ventilation for the fume hood consumes the largest portion of energy within the fume hood system, and that DOE planned to cover all commercial and 4 Energy Conservation Standards Rulemaking Framework for Commercial and Industrial Fans and Blowers (‘‘January 2013 Framework Document’’) is included in Docket EERE–2013–BT–STD–0006 and available at www.regulations.gov/ document?D=EERE-2013-BT-STD-0006-0001. VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 industrial fan types, which includes fans used to ventilate fume hoods. Id. On December 10, 2014, DOE published a notice of data availability that presented a provisional analysis estimating the economic impacts and energy savings from potential energy conservation standards for certain fans and blowers. 79 FR 73246. On April 1, 2015, DOE published a notice of intent to establish a negotiated rulemaking working group under the Appliance Standards and Rulemaking Federal Advisory Committee (hereafter referred to as the ‘‘Working Group’’) to negotiate proposed definitions, and, as applicable, certain aspects of a proposed test procedure and proposed energy conservation standards for fans and blowers. 80 FR 17359. On May 1, 2015, DOE published a second notice of data availability of a revised provisional analysis of the potential economic impacts and energy savings that could result from promulgating an energy conservation standard for commercial and industrial fans and blowers. 80 FR 24841 (‘‘May 2015 NODA’’). The Working Group 5 negotiations comprised 16 meetings and three webinars and covered scope, metrics, test procedures, and energy conservation standard levels for fans and blowers.6 The Working Group concluded its negotiations on September 3, 2015, and approved by consensus vote 7 a term sheet containing recommendations for DOE on scope, energy conservation standards, and a test procedure for the subject industrial equipment. The term sheet containing the Working Group recommendations is available in the commercial and 5 The Working Group was comprised of representatives from AAON, Inc.; AcoustiFLO LLC; AGS Consulting LLC; AMCA; AHRI, Appliance Standards Awareness Project; Berner International Corp; Buffalo Air Handling Company; Carnes Company; Daikin/Goodman; ebm-papst; Greenheck; Morrison Products; Natural Resources Defense Council; Newcomb & Boyd; Northwest Energy Efficiency Alliance; CA IOUs; Regal Beloit Corporation; Rheem Manufacturing Company; Smiley Engineering LLC representing Ingersoll Rand/Trane; SPX Cooling Technologies/CTI; The New York Blower Company; Twin City Companies, Ltd; U.S. Department of Energy; and United Technologies/Carrier 6 Details of the negotiation sessions can be found in the public meeting transcripts that are posted to the docket for the energy conservation standard rulemaking at: www.regulations.gov/ docket?D=EERE-2013-BT-STD-0006. 7 At the beginning of the negotiated rulemaking process, the Working Group defined that before any vote could occur, the Working Group must establish a quorum of at least 20 of the 25 members and defined consensus as an agreement with less than 4 negative votes. Twenty voting members of the Working Group were present for this vote. Two members (Air-Conditioning, Heating, and Refrigeration Institute and Ingersoll Rand/Trane) voted no on the term sheet. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 industrial fans and blowers energy conservation standard rulemaking docket. (Docket No. EERE–2013–BT– STD–0006, No. 179) ASRAC approved the term sheet on September 24, 2015. (Docket No. EERE–2013–BT–NOC–0005; Public Meeting Transcript, No. 58, at p. 29) On November 1, 2016, DOE published a third notice of data availability (‘‘November 2016 NODA’’) that presented a revised analysis based on the scope and metric recommendations of the term sheet. 81 FR 75742. On January 10, 2020, DOE received a petition from the Air Movement and Control Association, International (‘‘AMCA’’), Air Conditioning Contractors of America, and Sheet Metal & Air Conditioning Contractors of America requesting that DOE establish a Federal test procedure for certain categories of fans based on an upcoming industry test method, AMCA Standard 214, ‘‘Test Procedure for Calculating Fan Energy Index (FEI) for Commercial and Industrial Fans and Blowers’’ DOE published a notice of petition and request for public comment (‘‘April 2020 Notice of Petition’’). 85 FR 22677 (Apr. 23, 2020). AMCA, Air Conditioning Contractors of America, and Sheet Metal & Air Conditioning Contractors have since withdrawn their petition (AMCA, No.12, at p. 1).8 In preparation for this notice, on May 10, 2021, DOE published a request for information requesting comments on a potential fan or blower definition. 86 FR 24752 (‘‘May 2021 RFI’’). On February 14, 2020, DOE published in the Federal Register a final rule which updated the procedures, interpretations, and policies that DOE will follow in the consideration and promulgation of new or revised appliance energy conservation standards and test procedures under EPCA. 85 FR 8626; see also 10 CFR part 430, subpart C, appendix A (i.e., ‘‘Process Rule’’). The updated Process Rule establishes the process DOE must follow when undertaking a determination of whether industrial equipment should be covered under EPCA. Section 5 of the Process Rule. 8 The parenthetical reference provides a reference for information located in DOE Docket No. EERE– 2011–BT–DET–0045. The references are arranged as follows: (Commenter name, comment docket ID number, page of that document). If one comment was submitted with multiple attachments, the references are arranged as follows: (Commenter name, comment docket ID number, attachment number, page of that document). The attachment number corresponds to the order in which the attachment appears in the docket. If the information was submitted to a different DOE docket, the DOE Docket number is additionally specified in the reference. E:\FR\FM\19AUR1.SGM 19AUR1 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations Pursuant to the updated Process Rule, if DOE determines to initiate the coverage determination process, it will first publish a notice of proposed determination, providing an opportunity for public comment of not less than 60 days, in which DOE will explain how coverage of the equipment type that it seeks to designate as ‘‘covered’’ is ‘‘necessary’’ to carry out the purposes of EPCA. Section 5(b) of the Process Rule. DOE will publish its final decision on coverage as a separate notice, an action that will be completed prior to the initiation of any test procedure or energy conservation standards rulemaking (i.e., DOE will not issue any requests for information, notices of data availability, or any other mechanism to gather information for the purpose of initiating a rulemaking to establish a test procedure or energy conservation standard for the proposed covered equipment prior to finalization of the coverage determination). Section 5(c) of the Process Rule. Because this coverage determination was already in progress at the time the revised Process Rule was published, DOE is applying those provisions moving forward (i.e., rather than reinitiating the entire rulemaking 46581 process). To date, DOE has not proposed test procedures or energy conservation standards for fans and blowers. II. General Discussion DOE developed this determination after considering comments, data, and information from interested parties that represent a variety of interests. Table II– 1 lists the interested parties that have provided comments on the January 2013 Framework,9 June 2011 NOPD, April 2020 Notice of Petition,10 and May 2021 RFI relevant to the coverage determination. lotter on DSK11XQN23PROD with RULES1 TABLE II–1—JANUARY 2013 FRAMEWORK, JUNE 2011 NOPD, APRIL 2020 NOTICE OF PETITION, AND MAY 2021 RFI WRITTEN COMMENTS Organization(s) Reference in this NOPR Organization type January 2013 framework June 2011 NOPD April 2020 notice of petition May 2021 RFI Air Movement and Control Association International. Air-Conditioning, Heating, and Refrigeration Institute. Appliance Standards Awareness Project, American Council for an Energy-Efficient Economy, National Consumer Law Center, and Natural Resources Defense Council. Appliance Standards Awareness Project/National Research Defense Council. Appliance Standards Awareness Project, Northwest Energy Efficiency Alliance, Natural Resources Defense Council, and Alliance to Save Energy. China World Trade Organization, Technical Barriers to Trade National Notification and Enquiry Center. Cooling Technology Institute ................................ Daikin Applied ....................................................... Ebm-papst Inc ...................................................... Edison Electric Institute ........................................ Greenheck Group ................................................. Ingersoll Rand/Trane ............................................ Johnson Controls .................................................. Lennox International Inc ....................................... Marley Engineered Products LLC ........................ Morrison Products Inc .......................................... Northwest Energy Efficiency Alliance ................... Pacific Gas and Electric Company, Southern California Edison, San Diego Gas and Electric Company. Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company, and Southern California Edison. AMCA .................................. Trade Association ................ .................... X .................... X AHRI .................................... Trade Association ................ X X X X Efficiency Advocates ........... Efficiency Organizations ...... .................... X .................... ................ ASAP/NRDC ........................ Efficiency Organization ........ .................... ................ .................... X ACEEE et al ........................ Efficiency Organization ........ X ................ .................... ................ China WTO/TBT .................. Government Entity ............... .................... X .................... ................ CTI ....................................... Daikin ................................... Ebm-papst ........................... EEI ....................................... Greenheck ........................... Ingersoll Rand/Trane ........... Johnson Controls ................. Lennox ................................. MEP ..................................... Morrison Products ............... NEEA ................................... PG&E, SCE, SDG&E .......... Trade Association ................ Manufacturer ........................ Manufacturer ........................ Utility .................................... Manufacturer ........................ Manufacturer ........................ Manufacturer ........................ Manufacturer ........................ Manufacturer ........................ Manufacturer ........................ Efficiency Organizations ...... Utility .................................... .................... .................... X X .................... X .................... X .................... X .................... .................... ................ ................ X ................ ................ ................ ................ ................ ................ ................ X ................ .................... X .................... .................... .................... .................... X X .................... .................... .................... .................... X ................ X ................ X ................ ................ ................ X ................ ................ X CA IOUs .............................. Utility .................................... X X .................... ................ The comments received specific to the fan and blower definition, fan and blower coverage, and DOE’s decision regarding a definition and coverage for fans and blowers are discussed in the paragraphs that follow. However, DOE does not reference or respond to comments made by interested parties regarding issues that are outside the scope of this final determination (e.g., comments related to potential energy conservation standards and test 9 DOE Docket No. EERE–2013–BT–STD–0006. Docket No. EERE–2020–BT–PET–0003. 10 DOE VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 procedures). The comments from interested parties and term sheet recommendations related to the test procedures and energy conservation standards will be addressed separately as part of any potential rulemaking for establishing test procedures and energy conservation standards for fans and blowers. Further, comments related to fume hoods are not discussed in this final determination as DOE has determined it does not have the statutory authority to include fume hoods as covered equipment. 11 DOE also proposed a definition of ‘‘fume hood,’’ but as discussed DOE has determined it does not have statutory authority to include fume hoods as covered equipment. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 A. Definition and Scope of Coverage Although EPCA lists fans and blowers as types of equipment that may be defined as industrial equipment, these terms are not defined. (See 42 U.S.C. 6311(2)(B)(ii) and (iii)) As noted, DOE proposed definitions for ‘‘fan’’ and ‘‘blower’’ in the June 2011 NOPD.11 76 E:\FR\FM\19AUR1.SGM 19AUR1 lotter on DSK11XQN23PROD with RULES1 46582 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations FR 37678, 37679. Specifically, DOE proposed the following definitions: following definitions for ‘‘fan’’ and ‘‘blower:’’ A fan is an electrically powered device used in commercial or industrial systems to provide a continuous flow of a gas, typically air, for ventilation, circulation, or other industrial process requirements. Fans are classified as axial or centrifugal. Axial fans move an airstream along the axis of the fan. Centrifugal fans generate airflow by accelerating the airstream radially. A fan may include some or all of the following components: motor and motor controls, rotor or fan blades, and transmission and housing. A blower is a type of centrifugal fan. Commercial/Industrial Fan: A device used in commercial or industrial systems to provide a continuous flow of a gas, typically air, by an impeller fit to a shaft and bearing(s). A fan may be manufactured with or without a housing component. Blower: An axial or centrifugal fan with a specific ratio between 1.11 and 1.20. Id. In response to the June 2011 NOPD, the CA IOUs encouraged DOE to consult test procedures of AMCA, American Society of Heating, Refrigeration and Air-Conditioning Engineers (‘‘ASHRAE’’), and National Fire Protection Association, as well as any other test procedures that may be relevant to this rulemaking. They also encouraged DOE to develop a more robust definition for blowers suggesting that fans and blowers are differentiated by the method used to move the air and by the system pressure they must operate against. The CA IOUs recommended DOE rely on specific ratios of the discharge pressure over the suction pressure, to define fans and blowers. The CA IOUs also urged DOE to ensure that the definitions for fans do not overlap with residential air handlers or commercial packaged air conditioning units. (CA IOUs, No. 6, at pp. 3–5). In response to the June 2011 NOPD, NEEA asked whether the proposed definition of ‘‘fan’’ included mixed flow fans which have aspects of both an axial and centrifugal fan, citing a tubular centrifugal fan as an example of this type of fan. NEEA also asked whether the proposed definition of ‘‘blower’’ would include mixed flow blowers that have aspects of both an axial and centrifugal fan and are frequently used for laboratory exhaust applications. (NEEA, No. 5, at p. 1–2). The Efficiency advocates encouraged DOE to cover mixed flow fans (Efficiency advocates, No. 4, at p. 3). In response to the June 2011 NOPD, AMCA commented generally that the proposed definitions of fans and blowers were not consistent with the established fan industry definitions and recommended that DOE adopt the relevant industry standards (AMCA, No. 7, at p. 3). Taking into consideration the comments received to the June 2011 NOPD, in the January 2013 Framework Document, DOE considered the VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 (January 2013 Framework Document at pp. 7 and 9) DOE also acknowledged that the terms ‘‘fan’’ and ‘‘blower’’ are used interchangeably by the industry. (January 2013 Framework Document at p. 9) In response to the January 2013 Framework Document, the CA IOUs commented that AMCA 99–10, ‘‘Standards Handbook’’ 12 included a fan definition and that the American Society of Mechanical Engineers (‘‘ASME’’) relied on specific ratios of the total pressure at the outlet of the equipment over the total inlet pressure to distinguish between fans, blowers, and compressors. The CA IOUs commented that DOE should ensure the definitions for fans, blowers, and compressors 13 are aligned to prevent any loopholes. (Docket No. EERE–2013– BT–STD–0006; CA IOUs, No. 11, at p. 3) Morrison Products commented that while the industry used the terms fan and blower interchangeably, they recommend using the ASME terminology. (Docket No. EERE–2013– BT–STD–0006; Morrison Products, No. 15, at p. 5) AMCA commented that the terms fan and blower were used interchangeably and suggested a definition for the term fan.14 (Docket 12 ANSI/AMCA Standard 99–10: Standards Handbook. Available at www.amca.org. 13 Fans and compressors are equipment used to move amounts of gas (generally air). A fan moves gas with a low increase in pressure while a compressor moves gas with a high increase in pressure. DOE established a definition of compressor as follows: A machine or apparatus that converts different types of energy into the potential energy of gas pressure for displacement and compression of gaseous media to any higher pressure values above atmospheric pressure and has a pressure ratio at full-load operating pressure greater than 1.3. See 10 CFR 431.342. 14 AMCA recommended defining fan as a rotary bladed machine designed to convert mechanical power to air power in order to maintain continuous flow from the inlet(s) to outlet(s). Energy output is limited to 25 kJ/kg of air. A fan contains the following basic components: (a) Impeller(s): Rotary bladed aerodynamic component responsible for the total energy increase of the airstream delivered by the fan; (b) Fan Structure: Any integral component(s) necessary to support the impeller, alter(s) the energy-composition of the airstream, or direct(s) flow into or out of the impeller. These components must be present when testing to develop performance ratings of the fan; (c) Inlet: Surface(s) bounded by a portion of the fan structure across which air enters the fan; (d) Outlet: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 No. EERE–2013–BT–STD–0006; AMCA, No. 19, at pp. 4, 43) The American Council for an Energy-Efficient Economy and other efficiency organizations 15 (‘‘ACEEE, et al.’’) commented in support of establishing a broad definition for fans and then specify which fans should be excluded from coverage, as this approach is more administrable and less subject to unintended loopholes. ACEE, et al. also commented that the a distinction between fans, blowers, and compressors has not been established. (Docket No. EERE–2013–BT–STD–0006; ACEEE, et al.; No. 25, at p. 3) In response to the January 2013 Framework Document, ebm-papst commented that the terms ‘‘commercial’’ and ‘‘industrial’’ would require further clarification and that a fan definition should rely on physical features (e.g., size, performance, construction). Ebm-papst noted that in Europe, an impeller fitted to a shaft and bearing is not considered a ‘‘fan’’. Rather the entity that combines the impeller with an electric motor is considered the fan manufacturer. (Docket No. EERE–2013–BT–STD–0006; emb-papst, No. 20, at p. 6) Emb-papst added a fan description from the European Ventilation Industry Association which describes a fans as: ‘‘A fan is a combination of an impeller(s) and motor. It may also include a housing, mechanical drive and a variable speed drive.’’ (Docket No. EERE–2013–BT–STD–0006; emb-papst, No. 20, at p. 8) Consistent with DOE’s acknowledgement, the Working Group commented that the terms ‘‘fan’’ and ‘‘blower’’ are used interchangeably in the U.S. market and suggested eliminating the term ‘‘blower’’ to avoid potential confusion. (Docket No. EERE– 2013–BT–STD–0006; Public Meeting Presentation, No. 106, at p. 47) To the extent that a blower would meet the criteria in the proposed definition, it is a fan. As such, DOE is not considering further a separate definition for ‘‘blower.’’ DOE reviewed existing industry standards to compare how industry standards define the terms fan and blower and distinguish this equipment from compressors. AMCA 99–10 16 includes an energy limit of 25 kilojoule Surface(s) bounded by a portion of the fan structure from which air exits the fan. (Docket No. EERE– 2013–BT–STD–0006; AMCA, No. 19, at p. 43) 15 Appliance Standards Awareness Project, Northwest Energy Efficiency Alliance, Natural Resources Defense Council, and Alliance to Save Energy. 16 ANSI/AMCA Standard 99–10: Standards Handbook. Available at www.amca.org. E:\FR\FM\19AUR1.SGM 19AUR1 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 (‘‘kJ’’)/kilogram (‘‘kg’’) of air 17 in its fan definition. As discussed, the specific ratio is often used to separate fans (specific ratio less than or equal to 1.11), blowers (specific ratio greater than 1.11 and less than or equal to 1.20), and compressors (specific ratio greater than 1.20), however, ASME states that this distinction in common practice is imprecise.18 The ISO 13349:2010, ‘‘Fans—Vocabulary and definitions of categories’’ 19 defines fans based on a maximum energy limit of 25 kJ/kg of air and indicates that this is equivalent to a specific ratio of 1.3. DOE presented this information to the Working Group. (Docket No. EERE–2013–BT–STD–0006; Public Meeting Presentation, No. 106, at p. 47). Subsequently, the Working Group developed a draft definition of fan as follows: ‘‘a rotary bladed machine used to convert power to air power with an energy output limited to 25 kJ/kg of air; typically consisting of an impeller, a shaft, bearings, a structure or housing, transmission, driver, and control if included by the manufacturer at the time of sale’’. The Working Group noted that this definition was still a work in progress and that AMCA would consult its technical committee to confirm the value used to characterize the energy output limit (Docket No. EERE–2013– BT–STD–0006; Public Meeting Presentation, No. 106, at pp. 45, 47). Subsequently, AMCA’s fan technical committee commented in support of the Working Group’s definition. (Docket No. EERE–2013–BT–STD–0006; AMCA, No. 74, at p. 1) This definition was later included as a draft working definition in a draft term sheet with some modifications as follows: ‘‘a rotary bladed machine used to convert power to air power, with an energy output limited to 25 kJ/kg of air, consisting of an impeller, a shaft, bearings, and a structure or housing; and includes any transmissions, driver, and/or controls if integrated, assembled, or packaged by the manufacturer at the time of sale.’’ (Docket No. EERE–2013–BT–STD–0006; Draft Term Sheet, No. 143 at p. 1) The approved term sheet did not include a recommended definition of ‘‘fan,’’ as the definition established by the Working Group was still considered a draft definition at the time. (Docket No. EERE–2013–BT–STD–0006; Public 17 This value characterizes the increase in pressure of the air being moved by the fan. An energy output of 25 kJ/kg is equivalent to a pressure ratio of 1.3. For an air density of 1.2 kg/m3, the fan pressure is 1.2 × 25 kJ/kg, i.e., 30 kPa, and the pressure ratio is calculated as (100+30)/100 = 1.30 (where atmospheric pressure = 100 kPa). 18 ASME PTC 11–2008 Standard: Fans. Available at www.asme.org. 19 ISO 13349:2010 Fans—Vocabulary and definitions of categories. Available at www.iso.org. VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 46583 Meeting Transcript, No. 165 at p. 76) Ingersoll Rand/Trane, commented in support of the fan definition as drafted by the Working Group (Docket No. EERE–2013–BT–STD–0006; Ingersoll Rand/Trane, No. 153 at p. 6). A recent industry test procedure, AMCA 214–21,20 includes a definition similar to that drafted by the Working Group. AMCA 214–21 defines a fan as follows: ‘‘a rotary bladed machine used to convert electrical or mechanical power to air power, with an energy output limited to 25 kJ/kg of air. It consists of an impeller, a shaft and bearings and/or driver to support the impeller, as well as a structure or housing. A fan may include a transmission, driver, and/or motor controller.’’ In the May 2021 RFI, DOE requested comments on this definition and the potential addition of the descriptor ‘‘commercial and industrial’’ with the term ‘‘fan’’ to clarify that the subject fans are industrial equipment and that the term excludes ceiling fans and furnace fans, both covered products defined at 10 CFR 430.2. In the May 2021 RFI, DOE also initially determined that the terms ‘‘fan’’ and ‘‘blower’’ can be used interchangeably. 86 FR 24752, 24754. In response to the May 2021 RFI, ASAP/NRDC supported the adoption of the AMCA 214–21 definition of fan as the definition for commercial and industrial fans. (ASAP/NRDC, No. 14, at p. 1) PG&E, SCE, SDG&E also commented in support of this definition. In addition, PG&E, SCE, SDG&E commented that the AMCA 214–21 fan definition included an energy output limit of 25 kJ/kg of air which is appropriate to distinguish a fan from a compressor (PG&E, SCE, SDG&E, No. 17, at pp. 1–2). Further, PG&E, SCE, SDG&E noted that the definition for fans in AMCA 214–21 includes the option (but not the requirement) for a motor controller and is not specific to electrically-driven equipment. PG&E, SCE, SDG&E, also noted that the definition does not specify a fan flow angle and includes centrifugal, axial, and mixed-flow blade orientations (i.e., what are commonly referred to as ‘‘blowers’’). (PG&E, SCE, SDG&E, No. 17, at p. 2). AMCA, Greenheck, and ebm-papst supported the definition of fan in AMCA 214–21 and further verified that they consider the terms ‘‘fan’’ and ‘‘blower’’ to be interchangeable (AMCA, No. 12, at p. 3; ebm-papst, No. 19, at p. 1; Greenheck, No. 18, at p. 1). AMCA also supported DOE’s position that the definition of compressor in the compressor regulation sufficed to differentiate fans from compressors. (AMCA, No. 12, at p. 3) Ebm-papst stated that limiting the energy output to 25 kJ/kg of air on the fan definition is appropriate to distinguish a fan from a compressor (ebm-papst, No. 19, at p. 1). In addition, AMCA commented that fans that use steam, combustion, or drivers other than electric motors suitable to be powered by the electricity ‘‘grid’’ should be exempted from any future DOE regulation. (AMCA, No. 12, at p. 2) DOE is establishing a definition for fan or blower, which provides the scope of coverage of the final determination, and is identical to the definition of ‘‘fan’’ in AMCA 214–21. DOE has determined that the terms ‘‘fan’’ and ‘‘blower’’ are used interchangeably in the U.S. market and therefore applies the same definition to the terms ‘‘fan’’ and ‘‘blower’’ (also referred to collectively as ‘‘fan’’ in the remainder of this final determination). DOE notes that the maximum energy limit of 25 kJ/kg of air is equivalent to a pressure ratio of 1.3.21 The value of 1.3 matches the pressure ratio used in the definition of compressor at 10 CFR 431.342. Based on the comments from interested parties and on the existing DOE definition of ‘‘compressor,’’ DOE concludes that the maximum fan energy limit of 25 kJ/kg is appropriate to distinguish fans from compressors and is adopting this upper limit in the definition. With regard to the criterion that a fan must convert ‘‘electrical and mechanical power into air power,’’ fans that are powered by an engine or any other driver would meet this criterion as the engine or other driver would be providing mechanical power that is converted into air power. Inclusion of the term ‘‘mechanical’’ covers fans that are sold without an electric motor or other driver and which convert mechanical power into airpower. In response to the May 2021 RFI, Ebm-papst agreed that the ‘‘fan’’ definition in AMCA 214–21 is appropriate for the coverage determination and commented that the ‘‘commercial and industrial fan’’ definition, as based on the AMCA 214– 21 fan definition, should include circulating fans that are not ceiling fans as defined at 10 CFR 430.2. (ebm-papst, 20 ANSI/AMCA 214–21, Test Procedure for Calculating Fan Energy Index (FEI) for Commercial and Industrial Fans and Blowers. (‘‘AMCA 214– 21’’) 21 For an air density of 1.2 kg/m3, the fan pressure is 1.2 × 25 kJ/kg, i.e., 30 kPa, and the pressure ratio is calculated as (100 + 30)/100 = 1.30 (where atmospheric pressure = 100 kPa). PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM 19AUR1 lotter on DSK11XQN23PROD with RULES1 46584 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations No. 19, at p. 1) PG&E, SCE, SDG&E commented that including the terms ‘‘commercial and industrial’’ with ‘‘fan’’ would limit confusion with residential products, i.e., circulating fans and furnace fans. (PG&E, SCE, SDG&E, No. 17, at p. 2) CTI generally supported the adoption of the AMCA 214–21 definition of fan as the definition for commercial and industrial fans but asserted that the definition was unclear as to which fans would fall within DOE’s scope of coverage. CTI explained that they were neutral on the term ‘‘commercial and industrial’’ to further describe fans, but expressed concern with the fans that could fall under such descriptor. In addition, CTI expressed concerns that embedded fans were not explicitly excluded from the scope of AMCA 214–21, only its foreword, and thought that embedded fans should be specifically excluded from the scope of AMCA 214–21. (CTI, No. 13, pp. 1–2) AMCA recommended that ceiling fans and furnace fans be explicitly excluded from the scope of any potential DOE regulation because of the existing regulations of those products. (AMCA, No. 12, at p. 3) While generally supporting use of the AMCA 214–21 definition as the DOE definition for ‘‘fan’’, AHRI expressed that ‘‘commercial and industrial’’ had a ‘‘special meaning’’ not identical to the 214–21 definition of fan and that hat required further elaboration by DOE. AHRI recommended that the definition for ‘‘commercial and industrial fan’’ needs to make clear that fans within scope are industrial equipment, including commercial fans per 42 U.S.C. 6311(2), and exclude ceiling fans, furnace fans, and fans embedded in other consumer products. (AHRI, No. 16.2, at p. 2). AHRI also suggested a definition for ‘‘commercial and industrial fans’’ that would exclude equipment that utilizes single-phase electricity and exclude equipment with a rated fan shaft power less than or equal to 1 hp (or fan electrical input power above 0.89 kilowatts), and listed specific equipment categories containing fans for which AHRI recommends exclusions (AHRI, No. 16.1, at p. 1; 16.2, at pp. 2, 3). AHRI asserted that collectively these exclusions would be consistent with the scope of the AMCA 214–21 test procedure, the scope of the test procedure as recommended in the petition presented in the April 2020 Notice of Petition, and the scope of the test procedure and energy conservation standards as recommended by the Working Group. AHRI also expressed concern that manufacturers of DOE VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 regulated equipment that contain commercial and industrial fans would be subject to double regulations. (AHRI, No. 16.2, at p. 3). Ebm-pabst, while stating its support of the AMCA 214–21 ‘‘fan’’ definition for use in DOE’s coverage determination, also suggested that furnace fans and ceiling fans, as defined in 10 CFR 430.2, should be specifically excluded in the ‘‘commercial and industrial fan’’ definition and commented that fans operating at three-phase or rated at greater than 127 volts would typically be considered as commercial and industrial fans (ebm-papst, No. 19, at p.1). MEP recommended that the definition for a commercial and industrial fan should include a requirement for polyphase electric current with a fan shaft power greater than 3 hp, to avoid including ‘‘residential fans’’ in regulations. (MEP, No. 15, at p. 1). AMCA commented that the scope of any potential DOE regulation should be based on a lower shaft power limit of 1 horsepower to align with ASHRAE 90.1–2019 and the 2021 International Energy Conservation Code. (AMCA, No.12, at p. 3) While generally supporting use of the AMCA 214–21 definition as the DOE definition for ‘‘fan’’, Greenheck recommended establishing a separate definition for fans that are embedded in a manufactured assembly where the assembly includes functions other than air movement require further definition that considers the utility, function and overall energy consumption and efficiency of the manufactured assembly. (Greenheck, No. 18, p. 1) MEP also recommended that DOE establish a separate definition for embedded fans as provided by AMCA 214–21 and to make clear that embedded fans are not included in the definition of ‘‘fans.’’ (MEP, No. 15, at p. 1) CTI commented that the majority of fan energy savings derive from standalone fans as opposed to embedded fans. CTI commented that an exemption for fans used in heat rejection equipment is appropriate because the overall performance of the heat rejection equipment is the key metric and not the performance of the individual fan component. (CTI, No. 13, at p. 2) In response to the April 2020 Notice of Petition, DOE received a number of comments relevant to the scope of the determination. AHRI commented that DOE should initiate a new coverage determination process and that the final scope of coverage should be limited to stand-alone fans. AHRI commented that HVACR and water heating equipment is built, tested, rated, and certified as a completed design; and that modifying a PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 component, including fans, would change the performance of the equipment. AHRI commented that energy conservation standards could create a safety issue for replacement fans in equipment to the extent that compliance with safety and performance standards could be affected by a change in the fan performance. (Docket No. EERE–2020–BT–PET–0003; AHRI, No. 14 at p. 3) 22 Daikin commented in support of AHRI’s comment. (Docket No. EERE–2020–BT– PET–0003; Daikin, No. 8 at p. 1) Lennox similarly opposed regulating fans that are components of HVACR equipment. (Docket No. EERE–2020–BT–PET–0003; Lennox, No. 5 at pp. 2–3) In response to the April 2020 Notice of Petition, Johnson Controls commented in support of initiating a coverage determination for commercial and industrial fans and blower products within the same scope and noted exemptions of the petition by AMCA, the Air Conditioning Contractors of America, and the Sheet Metal & Air Conditioning Contractors of America. Johnson Controls commented that they strongly oppose any regulatory measures aimed at fans that are components of heating, ventilation, and air conditioning (‘‘HVAC’’) equipment where the primary purpose of the equipment is to heat or cool a space, and for which there are already wellestablished equipment-level energy efficiency. (Docket No. EERE–2020–BT– PET–0003; Johnson Controls, No. 10 at p. 1) In this final rule, DOE is no longer including the description ‘‘commercial and industrial’’ with the term ‘‘fan’’, since DOE has determined that this language is redundant, given the statutory definition of ‘‘industrial equipment’’ in 42 U.S.C. 6311(2). In addition, as noted above, comments also raised questions as to whether including ‘‘commercial and industrial’’ would provide more clarity or provoke more uncertainty. The definition of ‘‘industrial equipment’’ explicitly excludes covered products, other than a component of a covered product. (42 U.S.C. 6311(2)(A)(iii)) Therefore, the inclusion of ‘‘commercial and industrial’’ is not necessary to clarify the exclusion of ceiling fans and furnace fans, both covered products defined at 10 CFR 430.2. While fans would typically operate on three-phase power and not on singlephase power, this criterion does not necessarily distinguish a fan as industrial equipment, because some 22 As previously discussed, AHRI repeated these arguments in response to the May 2021 RFI. E:\FR\FM\19AUR1.SGM 19AUR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations fans are sold without a motor (making it impossible to determine whether they would be operated on single-phase or three-phase power) and some fans could potentially be operated with either a three-phase or single-phase motor. As such, DOE is not including a phase criterion as part of the definition since it does not sufficiently distinguish a fan as industrial equipment. Further, while larger fans (i.e., fans with higher fan shaft input power) are typically used in commercial and industrial applications, some with lower fan shaft input power are also used in smaller commercial and industrial applications. Because nothing would formally prevent the use of a fan with a lower shaft input power in commercial and industrial applications, DOE is not using shaft input power in defining fans and finds the definition as-is will provide sufficient demarcation between industrial equipment and consumer products. DOE may consider fan shaft power when establishing the scope for potential fan test procedures and energy conservation standards. Commenters raised concerns that including embedded fans would produce overlapping standards and create multiple standard cycles, and questioned how DOE would evaluate performance of embedded fans that work as a component of a system. As discussed, the statutory definition of ‘‘industrial equipment’’ generally excludes covered products, but does not exclude the component of covered products. EPCA explicitly provides that industrial equipment can be a component of a covered product if the Secretary determines in a rule that such equipment is to a significant extent, distributed in commerce other than as component parts for consumer products and such equipment otherwise meets the definition of industrial equipment. (42 U.S.C. 6311(2)(A)(iii); 42 U.S.C. 6312(c)) While some fans that meet the definition of ‘‘fan’’ as defined in this Final Determination may be component parts of consumer products, not all fans as defined are such. Therefore, whether a fan is embedded is not a criterion that can be reliably used to identify ‘‘fans’’. While some commenters recommended specific exclusions from the fan definition, as stated and discussed in detail in section II.B, DOE has determined that fans as defined in this final determination and without further exclusions qualify as ‘‘covered equipment’’ under part A–1 of Title III of EPCA. (See 42 U.S.C. 6311(2)(A) and 42 U.S.C. 6312(b)) This final determination does not establish test procedures or energy conservation standards for fans. In evaluating VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 potential test procedures and energy conservation standards, DOE will consider the extent to which any such test procedures or standards are appropriate and justified for specific fans. Based on the foregoing discussion, DOE is establishing the term ‘‘fan’’ to mean a rotary bladed machine used to convert electrical or mechanical power to air power, with an energy output limited to 25 kilojoule (kJ)/kilogram (kg) of air. It consists of an impeller, a shaft, and bearings and/or driver to support the impeller, as well as a structure or housing. A fan may include a transmission, driver, and/or motor controller. DOE is applying the same definition to the term ‘‘blower’’. B. Evaluation of Fans and Blowers as Covered Equipment As stated previously and discussed in detail in the following paragraphs, DOE has determined that fans (i.e., fans and blowers) meet the criteria for inclusion as ‘‘covered equipment.’’ (See 42 U.S.C. 6311(2)(A) and 42 U.S.C. 6312(b)) In response to the April 2020 Notice of Petition, AHRI commented that any final coverage determination that would rely on the analysis performed during the ASRAC process would not be appropriate given concerns related to the fan performance data used which was not certified performance data and was not confirmed to be reflective of fans that are components of HVACR and water heating equipment. (Docket No. EERE–2020–BT–PET–0003; AHRI, No. 14 at p. 3) Lennox commented that the June 2011 NOPD analysis lacked specificity and that DOE should account for the findings of the Working Group. (Docket No. EERE–2020–BT–PET–0003; Lennox, No. 5 at p. 2) The November 2016 NODA analysis included market and technical information to characterize and evaluate the impacts of potential standards on certain embedded fans. 81 FR 75742,75751. As presented and discussed in detail in sections II.B.1, II.B.2, and II.B.4 of this document, DOE has updated its analysis to account for the findings of the Working Group and additional information collected after the publication of the November 2016 NODA. As noted, EPCA provides that ‘‘covered equipment’’ includes any other type of industrial equipment which the Secretary classifies as covered equipment for which the Secretary has determined coverage is necessary to carry out the purpose of Part A–1. 42 U.S.C. 6311(1)(L). ‘‘Industrial equipment’’ is any article of specifically listed equipment that is of PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 46585 a type, which (1) in operation consumes, or is designed to consume, energy; (2) to any significant extent, is distributed in commerce for industrial or commercial use; (3) is not a ‘‘covered product,’’ and (4) for which the Secretary has determined coverage is necessary to carry out the purpose of Part A–1. (42 U.S.C. 6311(2)(A); 42 U.S.C. 6312(b)) EPCA lists fans (i.e., fans and blowers) among the equipment that may be industrial equipment. (42 U.S.C. 6311(2)(B)(ii) and (iii)) DOE addresses the requirements for determining that fans are ‘‘industrial equipment’’ and ‘‘covered equipment’’ in the following paragraphs. 1. Energy Consumption in Operation To qualify as ‘‘industrial equipment’’ fans and blowers must be of a type which in operation consumes, or is designed to consume, energy. (42 U.S.C. 6311(2)(A)(i)) In the 2011 NOPD, DOE used information from the 2009 U.S. Energy Information Administration (‘‘EIA’’) Annual Energy Outlook (‘‘AEO’’) to estimate the total energy consumption of equipment covered under the then proposed definitions of fan and blower in the commercial sector.23 DOE also used the 2009 EIA Manufacturing Energy Consumption Survey to estimate the total electricity consumption of the industrial sector. DOE then used information on the percentage of fan and blower electricity use in industry from an American Council for an Energy-Efficient Economy study 24 to calculate fan and blower electricity use in the industrial sector. DOE estimated that ‘‘commercial fans and blowers’’ consumed 139,533 million kWh of electricity per year while ‘‘industrial fans and blowers’’ consumed 90,057 million kWh of electricity per year. 76 FR 37678, 37979. In response to the 2011 NOPD and the May 2021 RFI, AHRI commented that the energy consumption estimate provided by DOE was based on outdated data and did not account for energy saving measures required by the major energy building codes in the U.S. AHRI stated that ASHRAE Standard 90.1– 2010 Energy Standard for Buildings Except Low-Rise Residential Building 23 DOE used AEO’s estimate of total energy consumption in commercial buildings by end use (e.g., lighting, cooking, and office equipment) and selected ‘‘ventilation’’ as the representative end use for fans as this equipment is used to provide building ventilation. 24 Energy Efficiency and Electric Motors, Report PB–259 129, A.D. Little, Inc. 1976., U.S. Federal Energy Administration, Office of Industrial Programs. Springfield, VA: National Technical Information Service. E:\FR\FM\19AUR1.SGM 19AUR1 46586 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations (‘‘ASHRAE Standard 90.1’’) includes limits on the energy consumption of commercial fans and has been adopted in most states. (AHRI, No. 3, at pp. 2– 3) For this final determination, DOE updated its analysis to include information from a 2021 DOE study to estimate the amount of motor electricity use represented by fans and blowers in the industrial and commercial sectors.25 Based on this study, DOE estimates that fans and blowers consume 192,085 million kWh of electricity per year in the commercial sector and 112,942 million kWh of electricity per year in the industrial sector. Both the estimates from the June 2011 NOPD and the updated estimates demonstrate that fans and blowers consume energy in operation. Therefore, DOE concludes that fans and blowers satisfy the first element of ‘‘industrial equipment’’ required by 42 U.S.C. 6311(2)(A)(i). lotter on DSK11XQN23PROD with RULES1 2. Distribution in Commerce To qualify as ‘‘industrial equipment’’ fans and blowers must be, to a significant extent, distributed in commerce for industrial and commercial use.26 (42 U.S.C. 6311(2)(A)(ii)) DOE published shipments estimates for certain varieties of fans to support the November 2016 NODA analysis. The November 2016 NODA analyzed a subset of fans operating with a shaft input power equal to or greater than 1 horsepower and fan air power equal to or less than 150 horsepower as recommended in the term sheet. Generally, the scope excluded certain fans used in HVACR equipment subject to DOE energy conservation standards and specific categories of fans such as safety fans. 81 FR 75742, 75745–75746 (Docket No. EERE–2013–BT–STD–0006; No. 179, Recommendation #1, 2, 3, 5, at pp. 1–4) In the November 2016 NODA, DOE estimated annual shipments of fans in scope of the analysis to be 1.18 million with approximately 18 percent for use in industrial applications and 82 percent for use in commercial applications. (Docket No. EERE–2013– 25 U.S Department of Energy (January 2021), United States Industrial and Commercial Motor System Market Assessment Report. Volume 1: Characteristics of the Installed Base. Retrieved February 2, 2021, from eta-publications.lbl.gov/ sites/default/files/u.s._industrial_and_commerical_ motor_system_market_assessment_report_vol_1_ .pdf. 26 DOE notes that distribution for residential use does not preclude coverage as covered equipment so long as to a significant extent the equipment is of a type that is also distributed in commerce for industrial and commercial use. VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 BT–STD–0006; National Impact Analysis Spreadsheet, No. 192) The shipments of all fans and blowers covered under the definition of ‘‘fan’’ as established in this final determination are likely higher. In response to the November 2016 NODA analysis, A.O. Smith Corporation (‘‘A.O. Smith’’) commented that there were additional categories of equipment that incorporate fans. A.O Smith listed equipment such as boilers, water heaters, and pool heaters. (Docket No. EERE–2013–BT–STD–0006; A.O. Smith, No. 219 at p. 2) Greenheck listed other HVACR equipment that were not captured in DOE’s estimate. (Docket No. EERE–2013–BT–STD–0006; Greenheck, No. 221.1 at pp. 20–21) However, A.O. Smith and Greenheck did not provide quantitative information to estimate these shipments. (Docket No. EERE– 2013–BT–STD–0006; A.O. Smith, No. 219 at p. 2; Greenheck, No. 221.1 at pp. 20–21) AHRI commented that they estimated the number of fans in HVACR equipment to be between five to 14 million units. (Docket No. EERE–2013– BT–STD–0006; AHRI, No. 222 at p. 15) Daikin commented in support of this estimate and added that DOE overestimated the number of fans in airhandling units, noting that air-handler shipments should be closer to 130,000– 230,000. (Docket No. EERE–2013–BT– STD–0006; Daikin, No. 216 at p. 4) AHRI submitted additional shipments data to the California Energy Commission (‘‘CEC’’) Fan rulemaking docket which included updated shipments estimates.27 DOE reviewed the data submitted by AHRI to the CEC and subsequently revised the shipment estimates prepared for the November 2016 NODA. Specifically, DOE revised (1) air handling unit shipments from 330,402 units to 65,000 units; (2) chiller shipments from 12,759 to 27,000 units and used 7 instead of 14 fans per unit to calculate corresponding fan units; and (3) the number of fans per unit used in commercial packaged airconditioning and heating equipment by capacity range.28 The updates reduced the total shipments for the fans analyzed 27 AHRI’s submission to the CEC docket is available here: CEC Docket 17–AAER–06, TN#221201–1. Available at: efiling.energy.ca.gov/ GetDocument.aspx?tn=2212011&DocumentContentId=26700. 28 For return and exhaust fans, DOE assumed an average of 0.06 to 0.85 fans per unit depending on the capacity of the unit instead of 0.5 to 1.5 fans per unit. See Table 6 of CEC Docket 17–AAER–06, TN#221201–1. Available at: efiling.energy.ca.gov/ GetDocument.aspx?tn=2212011&DocumentContentId=26700. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 in the November 2016 NODA from 1.18 million to 721,725 units.29 Based on the shipments data, DOE estimates the shipments of fans and blowers to be at least 721,725 units per year. Both the estimates from the June 2011 NOPD and the updated estimates demonstrate that fans and blowers are distributed in commerce to a significant extent for industrial and commercial use, satisfying the second statutory element to qualify as ‘‘industrial equipment’’. (See 42 U.S.C. 6311(2)(A)(ii)) 3. Prior Inclusion as a Covered Product To qualify as ‘‘industrial equipment’’ fans and blowers must not be a ‘‘covered product’’ as that term is defined in 42 U.S.C. 6291(a)(2). (42 U.S.C. 6311(2)(A)(iii)) ‘‘Covered product’’ is defined through reference to the enumerated list of products at section 6292(a) of EPCA, which includes ‘‘any other type of consumer product which the Secretary classifies as a covered product’’ pursuant to certain statutory criteria. (42 U.S.C. 6291(a)(2)) The fans and blowers are not included in the enumerated list of covered products in section 6292(a) of EPCA and the Secretary has not previously determined such fans and blowers to be covered products, though DOE does regulate ceiling fans and furnace fans. Further, the definition of fans (i.e., fans and blowers) established in this document explicitly excludes ceiling fans and furnace fans, both defined at 10 CFR 430.2. Therefore, equipment that is covered under the definition of ‘‘fans’’ (i.e., fans and blowers’’ established in this document are not covered products as that term is defined in 42 U.S.C. 6291(a)(2). DOE concludes that the third element of ‘‘industrial equipment’’ is satisfied. (See 42 U.S.C. 6311(2)(A)(iii)) 4. Coverage Necessary To Carry Out the Purposes of Part A–1 The purpose of Part A–1 is to improve the energy efficiency of electric motors, pumps, and certain other industrial equipment to conserve the energy resources of the Nation. (42 U.S.C. 6312(a)) In the 2011 NOPD, DOE initially determined that coverage of fans and blowers was necessary to carry out the purposes of Part A–1 of EPCA because coverage would potentially promote the conservation of energy 29 The November 2016 NODA analyzed certain categories of fans with a fan shaft input power equal to or greater than 1 horsepower and fan air power equal or less than 150 horsepower as recommended in the term sheet. (Docket No. EERE–2013–BT– STD–0006; No. 179, Recommendation #1, 2, 3, 5, at pp.1–4) E:\FR\FM\19AUR1.SGM 19AUR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations resources. DOE estimated that technologies exist that could reduce the electricity consumption of fans by as much as 20 percent.30 76 FR 37678, 37680. In response to the 2011 NOPD, the CA IOUs commented that commercial and industrial fans and blowers represent a significant potential for energy savings. To illustrate the potential energy savings, the CA IOUs presented estimates of how different blade designs compare in terms of energy efficiency, noting that some designs (i.e., airfoil, backward curved/inclined centrifugal fans and vanaxial axial fans) are better than others. (CA IOUs, No. 6 at pp. 1– 2) In response to the June 2011 NOPD, AHRI commented that systems that includes commercial and industrial fans and blowers are already subject to DOE energy conservation standards. AHRI asserted that Part A–1’s purpose has already been achieved through DOE’s energy conservation standards for commercial equipment; the minimum energy efficiency requirements within these standards adequately account for the energy consumption of various components within a system, including fans and blowers. (AHRI, No. 3 at pp. 1– 2) In response to the January 2013 Framework Document, AHRI added that setting energy conservation standards for fans and blowers used in HVAC applications would not ensure an optimized energy savings solution for this category of equipment and that ASHRAE Standard 90.1 already includes fan efficiency requirements for certain categories of HVAC fans. (Docket No. EERE–2013–BT–STD–0006; AHRI, No. 12 at p. 1) Also, in response to the January 2013 Framework Document, AMCA, EEI, Lennox, commented that DOE’s analysis should account for the existing fan efficiency requirements in ASHRAE Standard 90.1. (Docket No. EERE–2013–BT–STD–0006; AMCA, No. 19 at pp. 5, 32; EEI, No. 13 at p. 2; Lennox, No. 18, at p. 3;) Ingersoll Rand/ Trane noted that HVAC equipment that incorporate fans are already subject to minimum efficiency requirements in ASHRAE Standard 90.1. For fans going into these HVAC equipment, Ingersoll Rand/Trane commented that any improvements in the fan energy efficiency would not results in any energy savings as the HVAC equipment would continue to be designed to meet the equipment level metrics required by ASHRAE 90.1. (Docket No. EERE–2013– BT–STD–0006; Ingersoll Rand/Trane, 30 Martin, N., Worrel, E., et al. Emerging Energy Efficient Industrial Technologies, LBNL–46990, 10/ 2000. VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 No. 24, at p. 2) In response to the June 2011 NOPD, CTI also commented that much of the energy savings for standalone fans is already captured in ASHRAE 90.1 and in the International Energy Conservation Code. (CTI, No. 13, at p. 2) In response to the May 2021 RFI, AHRI reiterated its concern that the data evaluated in DOE’s previous NODA analyses used a fan database with fan performance characteristics that may not have appropriately represented embedded fans. (AHRI, No. 16.2, at p. 5) Greenheck recommended that DOE reevaluate the potential energy savings for fans based on the new fan energy requirements included in the 2019 version of ASHRAE 90.1, as well as savings obtained from ongoing utility incentive programs, related state energy standards/codes and industry performance certifications programs. (Greenheck, No. 18, at pp. 2, 3) In the November 2016 NODA, DOE provided estimates of national energy savings that may result from potential energy conservation standards.31 DOE analyzed six efficiency levels (‘‘ELs’’) representing lower efficiency fans (‘‘baseline level’’—EL0) and higher efficiency fans (‘‘max tech’’—EL6). To develop these efficiency levels, DOE identified existing technology options that affect efficiency. DOE then conducted a screening analysis to review each technology option and decide whether it: (1) Is technologically feasible; (2) is practicable to manufacture, install, and service; (3) would adversely affect product utility or product availability; or (4) would have adverse impacts on health and safety. The technology options remaining after the screening analysis consisted of a variety of impeller designs and guide vanes. DOE used these technology options to divide the fan groups into subgroups and conducted a marketbased assessment of the prevalence of each subgroup at the different efficiency levels analyzed. DOE analyzed six efficiency levels in the November 2016 NODA, including one efficiency level representing the efficiency target as recommended by AMCA 32 as well as additional levels above and below. 81 FR 75742, 75748. DOE estimated that technologies exist that could reduce the electricity consumption of a baseline fan 31 The national impact analysis tool and results supporting the November 2016 NODA are available online at https://www.regulations.gov/document/ EERE-2013-BT-STD-0006-0192. 32 See AMCA’s DOE Fan efficiency Proposal presented at the 59th AMCA Annual Meeting, January 24, 2015. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 46587 by as much as 30 percent,33 resulting in national energy savings ranging from 0.79–6.96 quads site savings over the 30 year analysis period (2.2 to 19.1 quads Full Fuel Cycle) depending on the EL considered. (Docket No. EERE–2013– BT–STD–0006; National Impact Analysis Spreadsheet, No. 192) Regarding ASHRAE Standard 90.1 and its effect on the current mix of fan and blower efficiencies on the market, DOE considered confidential sales data provided by AMCA in development of fan efficiency distributions for the November 2016 NODA. DOE collected additional technical and market information specific to embedded fans to represent both the embedded fan and standalone fan markets. DOE applied these efficiency distributions to account for the fact that more efficient fans are already on the market when estimating energy savings from potential energy conservation standards. 81 FR 75742, 75751–75752.34 Further, since the publication of the November 2016 NODA, the industry standard in ASHRAE Standard 90.1 applicable to fans was revised to include updated fan efficiency requirements corresponding to approximately the stringency level in EL 3 as analyzed in the November 2016 NODA.35 Because ASHRAE Standard 90.1 is approximately as stringent as EL 3 in the 2016 NODA analysis, the figures and analysis from the 2016 NODA can be used to determine remaining potential energy savings, assuming a full implementation of the fan requirements in ASHRAE 90.1. Even assuming full implementation of ASHRAE Standard 90.1, DOE estimates that there would remain a potential for additional energy savings ranging from 0.55–5.5 quads site energy savings (1.5 to 15.1 quads FFC energy savings) over the 30 year analysis period.36 The national energy savings results presented in the November 2016 NODA 33 Based on the difference in fan efficiency targets at EL0 and EL6. 34 The efficiency distributions reflect market shares of fan shipments by efficiency level in the absence of an energy conservation standard. In the November 2016 NODA, DOE assumed that some fans are already being purchased at efficiency levels above the baseline. See ‘‘LCC Input’’ tab of the national impact analysis tool (Row #39) Available at https://www.regulations.gov/document/EERE2013-BT-STD-0006-0192. 35 ANSI/ASHRAE/IES Standard 90.1–2019 (I–P), Energy Standard for Buildings Except Low-Rise Residential Buildings. Section 6.5.3.1.3 ‘‘Fan efficiency’’. 36 To estimate these savings, DOE subtracted the national energy savings estimates at EL3 from the national energy savings estimates as projected by in the November 2016 NODA. The national impact analysis tool and results supporting the November 2016 NODA are available online at https:// www.regulations.gov/document/EERE-2013-BTSTD-0006-0192. E:\FR\FM\19AUR1.SGM 19AUR1 46588 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations and the subsequent estimates that assume full implementation of relevant industry standards demonstrate that coverage of fans and blowers and energy conservation standards that may result from such coverage would improve the efficiency of fans and blowers. Such standards would further the purpose of Part A–1, to conserve the energy resources of the Nation. C. Final Determination Based on the foregoing discussion, DOE concludes that including fans and blowers, as defined in this final determination, as covered equipment is necessary to carry out the purposes of Part A–1. Based on the information discussed in sections II.B.1, II.B.2, and II.B.3 of this final determination, DOE is classifying fans and blowers as covered equipment. This final determination does not establish test procedures or energy conservation standards for fans and blowers. DOE will address test procedures and energy conservation standards through its normal rulemaking process. III. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 This coverage determination has been determined to be not significant for purposes of Executive Order (‘‘E.O’’) 12866, ‘‘Regulatory Planning and Review,’’ 58 FR 51735 (Oct. 4, 1993). As a result, the Office of Management and Budget (‘‘OMB’’) did not review this final determination. lotter on DSK11XQN23PROD with RULES1 B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis (‘‘IRFA’’) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by E.O. 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking,’’ 67 FR 53461 (Aug. 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel’s website (https://energy.gov/ gc/office-general-counsel). DOE reviewed this final rule under the provisions of the Regulatory VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 Flexibility Act and the policies and procedures published on February 19, 2003. This final determination does not establish test procedures or standards for fans and blowers. On the basis of the foregoing, DOE certifies that this final determination has no significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared an IRFA for this final determination. DOE will transmit this certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605(b). C. Review Under the National Environmental Policy Act of 1969 Pursuant to the National Environmental Policy Act (NEPA) of 1969, DOE has analyzed this proposed action in accordance with NEPA and DOE’s NEPA implementing regulations (10 CFR part 1021). DOE has determined that this rule qualifies for categorical exclusion under 10 CFR part 1021, subpart D, appendix A6 because it is strictly procedural and meets the requirements for application of a CX. See 10 CFR part 1021410. Therefore, DOE has determined that promulgation of this rule is not a major Federal action significantly affecting the quality of the human environment within the meaning of NEPA, and does not require an Environmental Assessment or Environmental Impact Statement. D. Review Under Executive Order 13132 E.O. 13132, ‘‘Federalism,’’ 64 FR 43255 (Aug. 10, 1999), imposes certain requirements on Federal agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the industrial equipment that is the subject of this final determination. (42 U.S.C. 6316(a)(10); 42 U.S.C. 6297) Regarding PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 equipment for which DOE has made a coverage determination pursuant to 42 U.S.C. 6311(1)(L) the preemption provisions of 42 U.S.C. 6297 begin on the date on which a final rule establishing an energy conservation standard is issued by the Secretary, except that any State or local standard prescribed or enacted for the equipment before the date on which the final rule is issued shall not be preempted until the energy conservation standard established by the Secretary for the equipment takes effect. (42 U.S.C. 6316(a)(10)) This final determination does not establish energy conservation standards for fans and blowers. DOE has examined this final determination and concludes that it does not preempt State law or have substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by E.O. 13132. E. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of E.O. 12988, ‘‘Civil Justice Reform,’’ imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity, (2) write regulations to minimize litigation, (3) provide a clear legal standard for affected conduct rather than a general standard, and (4) promote simplification and burden reduction. 61 FR 4729 (Feb. 7, 1996). Regarding the review required by section 3(a), section 3(b) of E.O. 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any, (2) clearly specifies any effect on existing Federal law or regulation, (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction, (4) specifies the retroactive effect, if any, (5) adequately defines key terms, and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this final determination meets the relevant standards of E.O. 12988. E:\FR\FM\19AUR1.SGM 19AUR1 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations F. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (‘‘UMRA’’) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104–4, sec. 201 (codified at 2 U.S.C. 1531). For a regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed ‘‘significant intergovernmental mandate,’’ and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820. DOE’s policy statement is also available at www.energy.gov/sites/prod/files/gcprod/ documents/umra_97.pdf. This final determination does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by the private sector. As a result, the analytical requirements of UMRA do not apply. G. Review Under the Treasury and General Government Appropriations Act, 1999 lotter on DSK11XQN23PROD with RULES1 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105–277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This final determination would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. H. Review Under Executive Order 12630 Pursuant to E.O. 12630, ‘‘Governmental Actions and Interference with Constitutionally Protected Property Rights,’’ 53 FR 8859 (Mar. 15, 1988), DOE has determined that this final VerDate Sep<11>2014 16:12 Aug 18, 2021 Jkt 253001 determination would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. I. Review Under the Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for Federal agencies to review most disseminations of information to the public under information quality guidelines established by each agency pursuant to general guidelines issued by OMB. OMB’s guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE’s guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M–19–15, Improving Implementation of the Information Quality Act (April 24, 2019), DOE published updated guidelines which are available at www.energy.gov/sites/prod/files/2019/ 12/f70/DOE%20Final%20 Updated%20IQA%20 Guidelines%20Dec%202019.pdf. DOE has reviewed this final determination under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. Review Under Executive Order 13211 E.O. 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OIRA at OMB, a Statement of Energy Effects for any significant energy action. A ‘‘significant energy action’’ is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that (1) is a significant regulatory action under Executive Order 12866, or any successor Executive order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (3) is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This final determination is not establishing energy conservation standards for fans and blowers. It is not a significant energy action, nor has it been designated as such by the Administrator at OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 46589 K. Information Quality On December 16, 2004, OMB, in consultation with the Office of Science and Technology Policy (‘‘OSTP’’), issued its Final Information Quality Bulletin for Peer Review (‘‘the Bulletin’’). 70 FR 2664 (Jan. 14, 2005). The Bulletin establishes that certain scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal Government, including influential scientific information related to agency regulatory actions. The purpose of the bulletin is to enhance the quality and credibility of the Government’s scientific information. Under the Bulletin, the energy conservation standards rulemaking analyses are ‘‘influential scientific information,’’ which the Bulletin defines as ‘‘scientific information the agency reasonably can determine will have, or does have, a clear and substantial impact on important public policies or private sector decisions.’’ Id. at 70 FR 2667. In response to OMB’s Bulletin, DOE conducted formal peer reviews of the energy conservation standards development process and the analyses that are typically used and has prepared a report describing that peer review.37 Generation of this report involved a rigorous, formal, and documented evaluation using objective criteria and qualified and independent reviewers to make a judgment as to the technical/ scientific/business merit, the actual or anticipated results, and the productivity and management effectiveness of programs and/or projects. DOE has determined that the peer-reviewed analytical process continues to reflect current practice, and the Department followed that process for developing energy conservation standards in the case of the present action. L. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this final determination prior to its effective date. The report will state that it has been determined that the rule is a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). IV. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final determination. 37 ‘‘Energy Conservation Standards Rulemaking Peer Review Report.’’ 2007. Available at www.energy.gov/eere/buildings/downloads/energyconservation-standards-rulemaking-peer-reviewreport-0. E:\FR\FM\19AUR1.SGM 19AUR1 46590 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations List of Subjects in 10 CFR 431 Administrative practice and procedure, Confidential business information, Energy conservation, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Small businesses. Signing Authority This document of the Department of Energy was signed on August 13, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on August 13, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. For the reasons set forth in the preamble, DOE amends part 431 of chapter II, subchapter D, of title 10 of the Code of Federal Regulations, as set forth below: PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 431 continues to read as follows: ■ Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 2461 note. ■ 2. Add subpart J to read as follows: Subpart J—Fans and Blowers Sec. 431.171 Purpose and scope. 431.172 Definition. 431.173–431.176 [Reserved]. Subpart J—Fans and Blowers lotter on DSK11XQN23PROD with RULES1 § 431.171 Purpose and scope. This subpart contains provisions regarding fans and blowers, pursuant to Part C of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311–6317. This subpart does not cover ‘‘ceiling fans’’ as that term is defined and addressed in part 430 this chapter, nor does it cover ‘‘furnace fans’’ VerDate Sep<11>2014 18:33 Aug 18, 2021 Jkt 253001 as that term is defined and addressed in part 430 of this chapter. § 431.172 Definition. Fan or blower means a rotary bladed machine used to convert electrical or mechanical power to air power, with an energy output limited to 25 kilojoule (kJ)/kilogram (kg) of air. It consists of an impeller, a shaft and bearings and/or driver to support the impeller, as well as a structure or housing. A fan or blower may include a transmission, driver, and/or motor controller. §§ 431.173–431.176 [Reserved]. [FR Doc. 2021–17715 Filed 8–18–21; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 740, 742, 743, 748, 758, and 774 [Docket No. 210810–0160] RIN 0694–AF47 Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML) Bureau of Industry and Security, Department of Commerce. ACTION: Final rule; technical corrections. AGENCY: SUMMARY: On January 23, 2020, the Department of Commerce published a final rule in conjunction with a Department of State final rule to revise Categories I (firearms, close assault weapons and combat shotguns), II (guns and armaments), and III (ammunition/ ordnance) of the United States Munitions List (USML) and transfer items that no longer warrant control on the USML in the International Traffic in Arms Regulations (ITAR) to the Commerce Control List (CCL). This final rule makes corrections and clarifications to the January 23 rule. The changes made in this final rule are intended to make the requirements easier to understand, interpreted consistently, and in accordance with the intent of the Commerce January 23 rule. DATES: This rule is effective September 20, 2021. FOR FURTHER INFORMATION CONTACT: Steven Clagett, Office of Nonproliferation Controls and Treaty Compliance, Nuclear and Missile Technology Controls Division, tel. (202) 482–1641 or email steven.clagett@ bis.doc.gov. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: Background On January 23, 2020, the Department of Commerce published the final rule, Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML) (85 FR 4136) (referred to henceforth as the ‘‘Commerce January 23 rule’’) in conjunction with a Department of State final rule to revise Categories I, II, and III of the USML in the ITAR (85 FR 3819) (referred to henceforth as the ‘‘State January 23 rule’’). The Department of Commerce in issuing the January 23 rule described how articles the President determined no longer warrant control under USML Category I—Firearms, Close Assault Weapons and Combat Shotguns; Category II—Guns and Armament; and Category III—Ammunition/Ordnance were to be controlled on the CCL of the Export Administration Regulations (EAR). The Commerce January 23 rule was published in conjunction with the State January 23 rule, issued by the Department of State, Directorate of Defense Trade Controls (DDTC), completing the initial review of the USML that began in 2011 and making conforming changes to the EAR to control these items on the Commerce Control List (CCL). This final rule makes certain corrections and clarifications for the changes made in the Commerce January 23 rule. These changes are made to improve understanding of the 0x5zz Export Control Classification Numbers (ECCNs) for items that transitioned from USML Categories I and III to the CCL and to the associated control structure added to the EAR. These changes are informed by BIS’s experience of licensing, classifying, and enforcing the export control requirements specific to these items. These changes are also informed by BIS’s experience of conducting outreach and answering questions from the public on the changes made to the EAR in the Commerce January 23 rule. The changes made in this final rule are intended to make the requirements easier to understand, provide for consistent interpretation, and ensure the requirements are in accordance with the intent of the Commerce January 23 rule. Corrections and Clarifications In § 740.9(b) (Exports of items temporarily in the United States), this final rule removes the last sentence of the introductory text of paragraph (b)(1) and adds that same sentence as introductory text to paragraph (b). This E:\FR\FM\19AUR1.SGM 19AUR1

Agencies

DEPARTMENT OF ENERGY

[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Pages 46579-46590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17715]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / 
Rules and Regulations

[[Page 46579]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2011-BT-DET-0045]
RIN 1905-AC55


Energy Conservation Program: Final Determination of Fans and 
Blowers as Covered Equipment

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

ACTION: Final rule; final determination.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') is classifying certain 
fans and blowers as covered equipment under Part A-1 of Title III of 
the Energy Policy and Conservation Act, as amended. Accordingly, this 
document establishes the definition of equipment that is considered 
fans and blowers.

DATES: This final determination is effective September 20, 2021.

ADDRESSES: Docket: The docket, which includes Federal Register notices, 
public meeting attendee lists and transcripts, comments, and other 
supporting documents/materials, is available for review at 
www.regulations.gov. All documents in the docket are listed in the 
www.regulations.gov 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 www.regulations.gov/docket/EERE-2011-BT-DET-0045. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Email: [email protected].
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585. Telephone: (202) 586-2588. Email: [email protected].
    For further information on how to review other public comments and 
the docket contact the Appliance and Equipment Standards Program staff 
at (202) 287-1445 or by email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority
    B. Background
II. General Discussion
    A. Definition and Scope of Coverage
    B. Evaluation of Fans and Blowers as Covered Equipment
    1. Energy Consumption in Operation
    2. Distribution in Commerce
    3. Prior Inclusion as a Covered Product
    4. Coverage Necessary To Carry Out the Purposes of Part A-1
    C. Final Determination
III. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the National Environmental Policy Act of 1969
    D. Review Under Executive Order 13132
    E. Review Under Executive Order 12988
    F. Review Under the Unfunded Mandates Reform Act of 1995
    G. Review Under the Treasury and General Government 
Appropriations Act, 1999
    H. Review Under Executive Order 12630
    I. Review Under the Treasury and General Government 
Appropriations Act, 2001
    J. Review Under Executive Order 13211
    K. Information Quality
    L. Congressional Notification
IV. Approval of the Office of the Secretary

I. Introduction

    The following section briefly discusses the statutory authority 
underlying this determination, as well as the relevant historical 
background to the inclusion of fans and blowers as covered equipment 
under the Energy Policy and Conservation Act, as amended (``EPCA'').\1\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

A. Authority

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part C \2\ of EPCA, added by Public Law 95-619, Title 
IV, section 441(a) (42 U.S.C. 6311-6317, as codified), established the 
Energy Conservation Program for Certain Industrial Equipment, which 
sets forth a variety of provisions designed to improve energy 
efficiency of certain commercial and industrial equipment (hereafter 
referred to as ``covered equipment''). The purpose of Part A-1 is to 
improve the efficiency of electric motors and pumps and certain other 
industrial equipment in order to conserve the energy resources of the 
Nation. (42 U.S.C. 6312(a))
---------------------------------------------------------------------------

    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1 and hereafter referred to as Part 
A-1.
---------------------------------------------------------------------------

    EPCA specifies a list of equipment that constitutes covered 
equipment.\3\ EPCA also provides that ``covered equipment'' includes 
any other type of industrial equipment for which the Secretary of 
Energy (``Secretary'') determines inclusion is necessary to carry out 
the purpose of Part A-1. (42 U.S.C. 6311(1)(L); 42 U.S.C. 6312(b)) EPCA 
specifies the types of equipment that can be classified as industrial 
equipment. (42 U.S.C. 6311(2) This equipment includes fans and blowers. 
(42 U.S.C. 6311(2)(B)(ii) and (iii)). Industrial equipment must be of a 
type that consumes, or is designed to consume, energy in operation; is 
distributed in commerce for industrial or commercial use; and is not a 
covered product as defined in 42 U.S.C. 6291(a)(2) of EPCA other than a 
component of a covered product with respect to which there is in effect 
a determination under section 6312(c). (42 U.S.C. 6311(2)(A)).
---------------------------------------------------------------------------

    \3\ ``Covered equipment'' means one of the following types of 
industrial equipment: Electric motors and pumps; small commercial 
package air conditioning and heating equipment; large commercial 
package air conditioning and heating equipment; very large 
commercial package air conditioning and heating equipment; 
commercial refrigerators, freezers, and refrigerator-freezers; 
automatic commercial ice makers; walk-in coolers and walk-in 
freezers; commercial clothes washers; packaged terminal air-
conditioners and packaged terminal heat pumps; warm air furnaces and 
packaged boilers; and storage water heaters, instantaneous water 
heaters, and unfired hot water storage tanks. (42 U.S.C. 6311(1)(A)-
(K))

---------------------------------------------------------------------------

[[Page 46580]]

B. Background

    On June 28, 2011, DOE published a notice of proposed determination 
of coverage proposing to determine that fans, blowers, and fume hoods 
qualify as covered equipment (``June 2011 NOPD''). 76 FR 37678. DOE 
noted that there are no statutory definitions for ``fan,'' ``blower,'' 
or ``fume hood,'' and presented definitions for consideration. 76 FR 
37678, 37679.
    In the June 2011 NOPD, DOE preliminarily determined that coverage 
of fans, blowers, and fume hoods is necessary to carry out the purposes 
of Part A-1 because coverage would promote the conservation of energy 
supplies. 76 FR 37678, 37680. DOE estimated that technologies exist 
which can reduce the electricity consumption of fans and blowers by as 
much as 20 percent and that there are technologies and design 
strategies for fume hoods that could reduce energy use by 50 percent. 
Id. DOE requested comment on the proposed definitions and its 
preliminary determination that coverage of fans, blowers, and fume 
hoods is necessary to carry out the purposes of Part A-1. 76 FR 37678, 
37682.
    DOE received seven comments in response to the June 2011 NOPD from 
the interested parties listed in Table II-1 of this document.
    DOE subsequently published a framework document \4\ detailing an 
analytical approach for developing potential energy conservation 
standards for commercial and industrial fans and blowers should the 
Secretary classify such equipment as covered equipment. 78 FR 7306 
(Feb. 1, 2013). In the January 2013 Framework Document, DOE also 
requested feedback from interested parties generally on issues related 
to test methods for evaluating the energy efficiency of commercial and 
industrial fans and blowers (January 2013 Framework Document at pp. 16-
25).
---------------------------------------------------------------------------

    \4\ Energy Conservation Standards Rulemaking Framework for 
Commercial and Industrial Fans and Blowers (``January 2013 Framework 
Document'') is included in Docket EERE-2013-BT-STD-0006 and 
available at www.regulations.gov/document?D=EERE-2013-BT-STD-0006-0001.
---------------------------------------------------------------------------

    In the January 2013 Framework Document DOE determined that it lacks 
authority to establish energy conservation standards for fume hoods 
because fume hoods are not listed as a type of equipment for which DOE 
could establish standards (January 2013 Framework Document at p. 15). 
DOE acknowledged that the fan that provides ventilation for the fume 
hood consumes the largest portion of energy within the fume hood 
system, and that DOE planned to cover all commercial and industrial fan 
types, which includes fans used to ventilate fume hoods. Id.
    On December 10, 2014, DOE published a notice of data availability 
that presented a provisional analysis estimating the economic impacts 
and energy savings from potential energy conservation standards for 
certain fans and blowers. 79 FR 73246.
    On April 1, 2015, DOE published a notice of intent to establish a 
negotiated rulemaking working group under the Appliance Standards and 
Rulemaking Federal Advisory Committee (hereafter referred to as the 
``Working Group'') to negotiate proposed definitions, and, as 
applicable, certain aspects of a proposed test procedure and proposed 
energy conservation standards for fans and blowers. 80 FR 17359. On May 
1, 2015, DOE published a second notice of data availability of a 
revised provisional analysis of the potential economic impacts and 
energy savings that could result from promulgating an energy 
conservation standard for commercial and industrial fans and blowers. 
80 FR 24841 (``May 2015 NODA'').
    The Working Group \5\ negotiations comprised 16 meetings and three 
webinars and covered scope, metrics, test procedures, and energy 
conservation standard levels for fans and blowers.\6\ The Working Group 
concluded its negotiations on September 3, 2015, and approved by 
consensus vote \7\ a term sheet containing recommendations for DOE on 
scope, energy conservation standards, and a test procedure for the 
subject industrial equipment. The term sheet containing the Working 
Group recommendations is available in the commercial and industrial 
fans and blowers energy conservation standard rulemaking docket. 
(Docket No. EERE-2013-BT-STD-0006, No. 179) ASRAC approved the term 
sheet on September 24, 2015. (Docket No. EERE-2013-BT-NOC-0005; Public 
Meeting Transcript, No. 58, at p. 29) On November 1, 2016, DOE 
published a third notice of data availability (``November 2016 NODA'') 
that presented a revised analysis based on the scope and metric 
recommendations of the term sheet. 81 FR 75742.
---------------------------------------------------------------------------

    \5\ The Working Group was comprised of representatives from 
AAON, Inc.; AcoustiFLO LLC; AGS Consulting LLC; AMCA; AHRI, 
Appliance Standards Awareness Project; Berner International Corp; 
Buffalo Air Handling Company; Carnes Company; Daikin/Goodman; ebm-
papst; Greenheck; Morrison Products; Natural Resources Defense 
Council; Newcomb & Boyd; Northwest Energy Efficiency Alliance; CA 
IOUs; Regal Beloit Corporation; Rheem Manufacturing Company; Smiley 
Engineering LLC representing Ingersoll Rand/Trane; SPX Cooling 
Technologies/CTI; The New York Blower Company; Twin City Companies, 
Ltd; U.S. Department of Energy; and United Technologies/Carrier
    \6\ Details of the negotiation sessions can be found in the 
public meeting transcripts that are posted to the docket for the 
energy conservation standard rulemaking at: www.regulations.gov/docket?D=EERE-2013-BT-STD-0006.
    \7\ At the beginning of the negotiated rulemaking process, the 
Working Group defined that before any vote could occur, the Working 
Group must establish a quorum of at least 20 of the 25 members and 
defined consensus as an agreement with less than 4 negative votes. 
Twenty voting members of the Working Group were present for this 
vote. Two members (Air-Conditioning, Heating, and Refrigeration 
Institute and Ingersoll Rand/Trane) voted no on the term sheet.
---------------------------------------------------------------------------

    On January 10, 2020, DOE received a petition from the Air Movement 
and Control Association, International (``AMCA''), Air Conditioning 
Contractors of America, and Sheet Metal & Air Conditioning Contractors 
of America requesting that DOE establish a Federal test procedure for 
certain categories of fans based on an upcoming industry test method, 
AMCA Standard 214, ``Test Procedure for Calculating Fan Energy Index 
(FEI) for Commercial and Industrial Fans and Blowers'' DOE published a 
notice of petition and request for public comment (``April 2020 Notice 
of Petition''). 85 FR 22677 (Apr. 23, 2020). AMCA, Air Conditioning 
Contractors of America, and Sheet Metal & Air Conditioning Contractors 
have since withdrawn their petition (AMCA, No.12, at p. 1).\8\
---------------------------------------------------------------------------

    \8\ The parenthetical reference provides a reference for 
information located in DOE Docket No. EERE-2011-BT-DET-0045. The 
references are arranged as follows: (Commenter name, comment docket 
ID number, page of that document). If one comment was submitted with 
multiple attachments, the references are arranged as follows: 
(Commenter name, comment docket ID number, attachment number, page 
of that document). The attachment number corresponds to the order in 
which the attachment appears in the docket. If the information was 
submitted to a different DOE docket, the DOE Docket number is 
additionally specified in the reference.
---------------------------------------------------------------------------

    In preparation for this notice, on May 10, 2021, DOE published a 
request for information requesting comments on a potential fan or 
blower definition. 86 FR 24752 (``May 2021 RFI'').
    On February 14, 2020, DOE published in the Federal Register a final 
rule which updated the procedures, interpretations, and policies that 
DOE will follow in the consideration and promulgation of new or revised 
appliance energy conservation standards and test procedures under EPCA. 
85 FR 8626; see also 10 CFR part 430, subpart C, appendix A (i.e., 
``Process Rule''). The updated Process Rule establishes the process DOE 
must follow when undertaking a determination of whether industrial 
equipment should be covered under EPCA. Section 5 of the Process Rule.

[[Page 46581]]

Pursuant to the updated Process Rule, if DOE determines to initiate the 
coverage determination process, it will first publish a notice of 
proposed determination, providing an opportunity for public comment of 
not less than 60 days, in which DOE will explain how coverage of the 
equipment type that it seeks to designate as ``covered'' is 
``necessary'' to carry out the purposes of EPCA. Section 5(b) of the 
Process Rule. DOE will publish its final decision on coverage as a 
separate notice, an action that will be completed prior to the 
initiation of any test procedure or energy conservation standards 
rulemaking (i.e., DOE will not issue any requests for information, 
notices of data availability, or any other mechanism to gather 
information for the purpose of initiating a rulemaking to establish a 
test procedure or energy conservation standard for the proposed covered 
equipment prior to finalization of the coverage determination). Section 
5(c) of the Process Rule.
    Because this coverage determination was already in progress at the 
time the revised Process Rule was published, DOE is applying those 
provisions moving forward (i.e., rather than reinitiating the entire 
rulemaking process). To date, DOE has not proposed test procedures or 
energy conservation standards for fans and blowers.

II. General Discussion

    DOE developed this determination after considering comments, data, 
and information from interested parties that represent a variety of 
interests. Table II-1 lists the interested parties that have provided 
comments on the January 2013 Framework,\9\ June 2011 NOPD, April 2020 
Notice of Petition,\10\ and May 2021 RFI relevant to the coverage 
determination.
---------------------------------------------------------------------------

    \9\ DOE Docket No. EERE-2013-BT-STD-0006.
    \10\ DOE Docket No. EERE-2020-BT-PET-0003.

                  Table II-1--January 2013 Framework, June 2011 NOPD, April 2020 Notice of Petition, and May 2021 RFI Written Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 April 2020
        Organization(s)                Reference in this NOPR               Organization type         January 2013   June 2011    notice of    May 2021
                                                                                                        framework      NOPD       petition        RFI
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Movement and Control         AMCA.............................  Trade Association...............  ............          X   ............          X
 Association International.
Air-Conditioning, Heating, and   AHRI.............................  Trade Association...............            X           X             X           X
 Refrigeration Institute.
Appliance Standards Awareness    Efficiency Advocates.............  Efficiency Organizations........  ............          X   ............  ..........
 Project, American Council for
 an Energy-Efficient Economy,
 National Consumer Law Center,
 and Natural Resources Defense
 Council.
Appliance Standards Awareness    ASAP/NRDC........................  Efficiency Organization.........  ............  ..........  ............          X
 Project/National Research
 Defense Council.
Appliance Standards Awareness    ACEEE et al......................  Efficiency Organization.........            X   ..........  ............  ..........
 Project, Northwest Energy
 Efficiency Alliance, Natural
 Resources Defense Council, and
 Alliance to Save Energy.
China World Trade Organization,  China WTO/TBT....................  Government Entity...............  ............          X   ............  ..........
 Technical Barriers to Trade
 National Notification and
 Enquiry Center.
Cooling Technology Institute...  CTI..............................  Trade Association...............  ............  ..........  ............          X
Daikin Applied.................  Daikin...........................  Manufacturer....................  ............  ..........            X   ..........
Ebm-papst Inc..................  Ebm-papst........................  Manufacturer....................            X           X   ............          X
Edison Electric Institute......  EEI..............................  Utility.........................            X   ..........  ............  ..........
Greenheck Group................  Greenheck........................  Manufacturer....................  ............  ..........  ............          X
Ingersoll Rand/Trane...........  Ingersoll Rand/Trane.............  Manufacturer....................            X   ..........  ............  ..........
Johnson Controls...............  Johnson Controls.................  Manufacturer....................  ............  ..........            X   ..........
Lennox International Inc.......  Lennox...........................  Manufacturer....................            X   ..........            X   ..........
Marley Engineered Products LLC.  MEP..............................  Manufacturer....................  ............  ..........  ............          X
Morrison Products Inc..........  Morrison Products................  Manufacturer....................            X   ..........  ............  ..........
Northwest Energy Efficiency      NEEA.............................  Efficiency Organizations........  ............          X   ............  ..........
 Alliance.
Pacific Gas and Electric         PG&E, SCE, SDG&E.................  Utility.........................  ............  ..........  ............          X
 Company, Southern California
 Edison, San Diego Gas and
 Electric Company.
Pacific Gas and Electric         CA IOUs..........................  Utility.........................            X           X   ............  ..........
 Company, San Diego Gas and
 Electric, Southern California
 Gas Company, and Southern
 California Edison.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The comments received specific to the fan and blower definition, 
fan and blower coverage, and DOE's decision regarding a definition and 
coverage for fans and blowers are discussed in the paragraphs that 
follow. However, DOE does not reference or respond to comments made by 
interested parties regarding issues that are outside the scope of this 
final determination (e.g., comments related to potential energy 
conservation standards and test procedures). The comments from 
interested parties and term sheet recommendations related to the test 
procedures and energy conservation standards will be addressed 
separately as part of any potential rulemaking for establishing test 
procedures and energy conservation standards for fans and blowers. 
Further, comments related to fume hoods are not discussed in this final 
determination as DOE has determined it does not have the statutory 
authority to include fume hoods as covered equipment.

A. Definition and Scope of Coverage

    Although EPCA lists fans and blowers as types of equipment that may 
be defined as industrial equipment, these terms are not defined. (See 
42 U.S.C. 6311(2)(B)(ii) and (iii)) As noted, DOE proposed definitions 
for ``fan'' and ``blower'' in the June 2011 NOPD.\11\ 76

[[Page 46582]]

FR 37678, 37679. Specifically, DOE proposed the following definitions:
---------------------------------------------------------------------------

    \11\ DOE also proposed a definition of ``fume hood,'' but as 
discussed DOE has determined it does not have statutory authority to 
include fume hoods as covered equipment.

    A fan is an electrically powered device used in commercial or 
industrial systems to provide a continuous flow of a gas, typically 
air, for ventilation, circulation, or other industrial process 
requirements. Fans are classified as axial or centrifugal. Axial 
fans move an airstream along the axis of the fan. Centrifugal fans 
generate airflow by accelerating the airstream radially. A fan may 
include some or all of the following components: motor and motor 
controls, rotor or fan blades, and transmission and housing.
    A blower is a type of centrifugal fan.

Id.
    In response to the June 2011 NOPD, the CA IOUs encouraged DOE to 
consult test procedures of AMCA, American Society of Heating, 
Refrigeration and Air-Conditioning Engineers (``ASHRAE''), and National 
Fire Protection Association, as well as any other test procedures that 
may be relevant to this rulemaking. They also encouraged DOE to develop 
a more robust definition for blowers suggesting that fans and blowers 
are differentiated by the method used to move the air and by the system 
pressure they must operate against. The CA IOUs recommended DOE rely on 
specific ratios of the discharge pressure over the suction pressure, to 
define fans and blowers. The CA IOUs also urged DOE to ensure that the 
definitions for fans do not overlap with residential air handlers or 
commercial packaged air conditioning units. (CA IOUs, No. 6, at pp. 3-
5).
    In response to the June 2011 NOPD, NEEA asked whether the proposed 
definition of ``fan'' included mixed flow fans which have aspects of 
both an axial and centrifugal fan, citing a tubular centrifugal fan as 
an example of this type of fan. NEEA also asked whether the proposed 
definition of ``blower'' would include mixed flow blowers that have 
aspects of both an axial and centrifugal fan and are frequently used 
for laboratory exhaust applications. (NEEA, No. 5, at p. 1-2). The 
Efficiency advocates encouraged DOE to cover mixed flow fans 
(Efficiency advocates, No. 4, at p. 3).
    In response to the June 2011 NOPD, AMCA commented generally that 
the proposed definitions of fans and blowers were not consistent with 
the established fan industry definitions and recommended that DOE adopt 
the relevant industry standards (AMCA, No. 7, at p. 3).
    Taking into consideration the comments received to the June 2011 
NOPD, in the January 2013 Framework Document, DOE considered the 
following definitions for ``fan'' and ``blower:''

    Commercial/Industrial Fan: A device used in commercial or 
industrial systems to provide a continuous flow of a gas, typically 
air, by an impeller fit to a shaft and bearing(s). A fan may be 
manufactured with or without a housing component.
    Blower: An axial or centrifugal fan with a specific ratio 
between 1.11 and 1.20.

(January 2013 Framework Document at pp. 7 and 9)
    DOE also acknowledged that the terms ``fan'' and ``blower'' are 
used interchangeably by the industry. (January 2013 Framework Document 
at p. 9)
    In response to the January 2013 Framework Document, the CA IOUs 
commented that AMCA 99-10, ``Standards Handbook'' \12\ included a fan 
definition and that the American Society of Mechanical Engineers 
(``ASME'') relied on specific ratios of the total pressure at the 
outlet of the equipment over the total inlet pressure to distinguish 
between fans, blowers, and compressors. The CA IOUs commented that DOE 
should ensure the definitions for fans, blowers, and compressors \13\ 
are aligned to prevent any loopholes. (Docket No. EERE-2013-BT-STD-
0006; CA IOUs, No. 11, at p. 3) Morrison Products commented that while 
the industry used the terms fan and blower interchangeably, they 
recommend using the ASME terminology. (Docket No. EERE-2013-BT-STD-
0006; Morrison Products, No. 15, at p. 5) AMCA commented that the terms 
fan and blower were used interchangeably and suggested a definition for 
the term fan.\14\ (Docket No. EERE-2013-BT-STD-0006; AMCA, No. 19, at 
pp. 4, 43) The American Council for an Energy-Efficient Economy and 
other efficiency organizations \15\ (``ACEEE, et al.'') commented in 
support of establishing a broad definition for fans and then specify 
which fans should be excluded from coverage, as this approach is more 
administrable and less subject to unintended loopholes. ACEE, et al. 
also commented that the a distinction between fans, blowers, and 
compressors has not been established. (Docket No. EERE-2013-BT-STD-
0006; ACEEE, et al.; No. 25, at p. 3) In response to the January 2013 
Framework Document, ebm-papst commented that the terms ``commercial'' 
and ``industrial'' would require further clarification and that a fan 
definition should rely on physical features (e.g., size, performance, 
construction). Ebm-papst noted that in Europe, an impeller fitted to a 
shaft and bearing is not considered a ``fan''. Rather the entity that 
combines the impeller with an electric motor is considered the fan 
manufacturer. (Docket No. EERE-2013-BT-STD-0006; emb-papst, No. 20, at 
p. 6) Emb-papst added a fan description from the European Ventilation 
Industry Association which describes a fans as: ``A fan is a 
combination of an impeller(s) and motor. It may also include a housing, 
mechanical drive and a variable speed drive.'' (Docket No. EERE-2013-
BT-STD-0006; emb-papst, No. 20, at p. 8)
---------------------------------------------------------------------------

    \12\ ANSI/AMCA Standard 99-10: Standards Handbook. Available at 
www.amca.org.
    \13\ Fans and compressors are equipment used to move amounts of 
gas (generally air). A fan moves gas with a low increase in pressure 
while a compressor moves gas with a high increase in pressure. DOE 
established a definition of compressor as follows: A machine or 
apparatus that converts different types of energy into the potential 
energy of gas pressure for displacement and compression of gaseous 
media to any higher pressure values above atmospheric pressure and 
has a pressure ratio at full-load operating pressure greater than 
1.3. See 10 CFR 431.342.
    \14\ AMCA recommended defining fan as a rotary bladed machine 
designed to convert mechanical power to air power in order to 
maintain continuous flow from the inlet(s) to outlet(s). Energy 
output is limited to 25 kJ/kg of air. A fan contains the following 
basic components: (a) Impeller(s): Rotary bladed aerodynamic 
component responsible for the total energy increase of the airstream 
delivered by the fan; (b) Fan Structure: Any integral component(s) 
necessary to support the impeller, alter(s) the energy-composition 
of the airstream, or direct(s) flow into or out of the impeller. 
These components must be present when testing to develop performance 
ratings of the fan; (c) Inlet: Surface(s) bounded by a portion of 
the fan structure across which air enters the fan; (d) Outlet: 
Surface(s) bounded by a portion of the fan structure from which air 
exits the fan. (Docket No. EERE-2013-BT-STD-0006; AMCA, No. 19, at 
p. 43)
    \15\ Appliance Standards Awareness Project, Northwest Energy 
Efficiency Alliance, Natural Resources Defense Council, and Alliance 
to Save Energy.
---------------------------------------------------------------------------

    Consistent with DOE's acknowledgement, the Working Group commented 
that the terms ``fan'' and ``blower'' are used interchangeably in the 
U.S. market and suggested eliminating the term ``blower'' to avoid 
potential confusion. (Docket No. EERE-2013-BT-STD-0006; Public Meeting 
Presentation, No. 106, at p. 47) To the extent that a blower would meet 
the criteria in the proposed definition, it is a fan. As such, DOE is 
not considering further a separate definition for ``blower.''
    DOE reviewed existing industry standards to compare how industry 
standards define the terms fan and blower and distinguish this 
equipment from compressors. AMCA 99-10 \16\ includes an energy limit of 
25 kilojoule

[[Page 46583]]

(``kJ'')/kilogram (``kg'') of air \17\ in its fan definition. As 
discussed, the specific ratio is often used to separate fans (specific 
ratio less than or equal to 1.11), blowers (specific ratio greater than 
1.11 and less than or equal to 1.20), and compressors (specific ratio 
greater than 1.20), however, ASME states that this distinction in 
common practice is imprecise.\18\ The ISO 13349:2010, ``Fans--
Vocabulary and definitions of categories'' \19\ defines fans based on a 
maximum energy limit of 25 kJ/kg of air and indicates that this is 
equivalent to a specific ratio of 1.3. DOE presented this information 
to the Working Group. (Docket No. EERE-2013-BT-STD-0006; Public Meeting 
Presentation, No. 106, at p. 47). Subsequently, the Working Group 
developed a draft definition of fan as follows: ``a rotary bladed 
machine used to convert power to air power with an energy output 
limited to 25 kJ/kg of air; typically consisting of an impeller, a 
shaft, bearings, a structure or housing, transmission, driver, and 
control if included by the manufacturer at the time of sale''. The 
Working Group noted that this definition was still a work in progress 
and that AMCA would consult its technical committee to confirm the 
value used to characterize the energy output limit (Docket No. EERE-
2013-BT-STD-0006; Public Meeting Presentation, No. 106, at pp. 45, 47).
---------------------------------------------------------------------------

    \16\ ANSI/AMCA Standard 99-10: Standards Handbook. Available at 
www.amca.org.
    \17\ This value characterizes the increase in pressure of the 
air being moved by the fan. An energy output of 25 kJ/kg is 
equivalent to a pressure ratio of 1.3. For an air density of 1.2 kg/
m\3\, the fan pressure is 1.2 x 25 kJ/kg, i.e., 30 kPa, and the 
pressure ratio is calculated as (100+30)/100 = 1.30 (where 
atmospheric pressure = 100 kPa).
    \18\ ASME PTC 11-2008 Standard: Fans. Available at www.asme.org.
    \19\ ISO 13349:2010 Fans--Vocabulary and definitions of 
categories. Available at www.iso.org.
---------------------------------------------------------------------------

    Subsequently, AMCA's fan technical committee commented in support 
of the Working Group's definition. (Docket No. EERE-2013-BT-STD-0006; 
AMCA, No. 74, at p. 1) This definition was later included as a draft 
working definition in a draft term sheet with some modifications as 
follows: ``a rotary bladed machine used to convert power to air power, 
with an energy output limited to 25 kJ/kg of air, consisting of an 
impeller, a shaft, bearings, and a structure or housing; and includes 
any transmissions, driver, and/or controls if integrated, assembled, or 
packaged by the manufacturer at the time of sale.'' (Docket No. EERE-
2013-BT-STD-0006; Draft Term Sheet, No. 143 at p. 1) The approved term 
sheet did not include a recommended definition of ``fan,'' as the 
definition established by the Working Group was still considered a 
draft definition at the time. (Docket No. EERE-2013-BT-STD-0006; Public 
Meeting Transcript, No. 165 at p. 76) Ingersoll Rand/Trane, commented 
in support of the fan definition as drafted by the Working Group 
(Docket No. EERE-2013-BT-STD-0006; Ingersoll Rand/Trane, No. 153 at p. 
6).
    A recent industry test procedure, AMCA 214-21,\20\ includes a 
definition similar to that drafted by the Working Group. AMCA 214-21 
defines a fan as follows: ``a rotary bladed machine used to convert 
electrical or mechanical power to air power, with an energy output 
limited to 25 kJ/kg of air. It consists of an impeller, a shaft and 
bearings and/or driver to support the impeller, as well as a structure 
or housing. A fan may include a transmission, driver, and/or motor 
controller.''
---------------------------------------------------------------------------

    \20\ ANSI/AMCA 214-21, Test Procedure for Calculating Fan Energy 
Index (FEI) for Commercial and Industrial Fans and Blowers. (``AMCA 
214-21'')
---------------------------------------------------------------------------

    In the May 2021 RFI, DOE requested comments on this definition and 
the potential addition of the descriptor ``commercial and industrial'' 
with the term ``fan'' to clarify that the subject fans are industrial 
equipment and that the term excludes ceiling fans and furnace fans, 
both covered products defined at 10 CFR 430.2. In the May 2021 RFI, DOE 
also initially determined that the terms ``fan'' and ``blower'' can be 
used interchangeably. 86 FR 24752, 24754.
    In response to the May 2021 RFI, ASAP/NRDC supported the adoption 
of the AMCA 214-21 definition of fan as the definition for commercial 
and industrial fans. (ASAP/NRDC, No. 14, at p. 1) PG&E, SCE, SDG&E also 
commented in support of this definition. In addition, PG&E, SCE, SDG&E 
commented that the AMCA 214-21 fan definition included an energy output 
limit of 25 kJ/kg of air which is appropriate to distinguish a fan from 
a compressor (PG&E, SCE, SDG&E, No. 17, at pp. 1-2). Further, PG&E, 
SCE, SDG&E noted that the definition for fans in AMCA 214-21 includes 
the option (but not the requirement) for a motor controller and is not 
specific to electrically-driven equipment. PG&E, SCE, SDG&E, also noted 
that the definition does not specify a fan flow angle and includes 
centrifugal, axial, and mixed-flow blade orientations (i.e., what are 
commonly referred to as ``blowers''). (PG&E, SCE, SDG&E, No. 17, at p. 
2). AMCA, Greenheck, and ebm-papst supported the definition of fan in 
AMCA 214-21 and further verified that they consider the terms ``fan'' 
and ``blower'' to be interchangeable (AMCA, No. 12, at p. 3; ebm-papst, 
No. 19, at p. 1; Greenheck, No. 18, at p. 1). AMCA also supported DOE's 
position that the definition of compressor in the compressor regulation 
sufficed to differentiate fans from compressors. (AMCA, No. 12, at p. 
3) Ebm-papst stated that limiting the energy output to 25 kJ/kg of air 
on the fan definition is appropriate to distinguish a fan from a 
compressor (ebm-papst, No. 19, at p. 1). In addition, AMCA commented 
that fans that use steam, combustion, or drivers other than electric 
motors suitable to be powered by the electricity ``grid'' should be 
exempted from any future DOE regulation. (AMCA, No. 12, at p. 2)
    DOE is establishing a definition for fan or blower, which provides 
the scope of coverage of the final determination, and is identical to 
the definition of ``fan'' in AMCA 214-21. DOE has determined that the 
terms ``fan'' and ``blower'' are used interchangeably in the U.S. 
market and therefore applies the same definition to the terms ``fan'' 
and ``blower'' (also referred to collectively as ``fan'' in the 
remainder of this final determination).
    DOE notes that the maximum energy limit of 25 kJ/kg of air is 
equivalent to a pressure ratio of 1.3.\21\ The value of 1.3 matches the 
pressure ratio used in the definition of compressor at 10 CFR 431.342. 
Based on the comments from interested parties and on the existing DOE 
definition of ``compressor,'' DOE concludes that the maximum fan energy 
limit of 25 kJ/kg is appropriate to distinguish fans from compressors 
and is adopting this upper limit in the definition.
---------------------------------------------------------------------------

    \21\ For an air density of 1.2 kg/m\3\, the fan pressure is 1.2 
x 25 kJ/kg, i.e., 30 kPa, and the pressure ratio is calculated as 
(100 + 30)/100 = 1.30 (where atmospheric pressure = 100 kPa).
---------------------------------------------------------------------------

    With regard to the criterion that a fan must convert ``electrical 
and mechanical power into air power,'' fans that are powered by an 
engine or any other driver would meet this criterion as the engine or 
other driver would be providing mechanical power that is converted into 
air power. Inclusion of the term ``mechanical'' covers fans that are 
sold without an electric motor or other driver and which convert 
mechanical power into airpower.
    In response to the May 2021 RFI, Ebm-papst agreed that the ``fan'' 
definition in AMCA 214-21 is appropriate for the coverage determination 
and commented that the ``commercial and industrial fan'' definition, as 
based on the AMCA 214-21 fan definition, should include circulating 
fans that are not ceiling fans as defined at 10 CFR 430.2. (ebm-papst,

[[Page 46584]]

No. 19, at p. 1) PG&E, SCE, SDG&E commented that including the terms 
``commercial and industrial'' with ``fan'' would limit confusion with 
residential products, i.e., circulating fans and furnace fans. (PG&E, 
SCE, SDG&E, No. 17, at p. 2) CTI generally supported the adoption of 
the AMCA 214-21 definition of fan as the definition for commercial and 
industrial fans but asserted that the definition was unclear as to 
which fans would fall within DOE's scope of coverage. CTI explained 
that they were neutral on the term ``commercial and industrial'' to 
further describe fans, but expressed concern with the fans that could 
fall under such descriptor. In addition, CTI expressed concerns that 
embedded fans were not explicitly excluded from the scope of AMCA 214-
21, only its foreword, and thought that embedded fans should be 
specifically excluded from the scope of AMCA 214-21. (CTI, No. 13, pp. 
1-2) AMCA recommended that ceiling fans and furnace fans be explicitly 
excluded from the scope of any potential DOE regulation because of the 
existing regulations of those products. (AMCA, No. 12, at p. 3)
    While generally supporting use of the AMCA 214-21 definition as the 
DOE definition for ``fan'', AHRI expressed that ``commercial and 
industrial'' had a ``special meaning'' not identical to the 214-21 
definition of fan and that hat required further elaboration by DOE. 
AHRI recommended that the definition for ``commercial and industrial 
fan'' needs to make clear that fans within scope are industrial 
equipment, including commercial fans per 42 U.S.C. 6311(2), and exclude 
ceiling fans, furnace fans, and fans embedded in other consumer 
products. (AHRI, No. 16.2, at p. 2). AHRI also suggested a definition 
for ``commercial and industrial fans'' that would exclude equipment 
that utilizes single-phase electricity and exclude equipment with a 
rated fan shaft power less than or equal to 1 hp (or fan electrical 
input power above 0.89 kilowatts), and listed specific equipment 
categories containing fans for which AHRI recommends exclusions (AHRI, 
No. 16.1, at p. 1; 16.2, at pp. 2, 3). AHRI asserted that collectively 
these exclusions would be consistent with the scope of the AMCA 214-21 
test procedure, the scope of the test procedure as recommended in the 
petition presented in the April 2020 Notice of Petition, and the scope 
of the test procedure and energy conservation standards as recommended 
by the Working Group. AHRI also expressed concern that manufacturers of 
DOE regulated equipment that contain commercial and industrial fans 
would be subject to double regulations. (AHRI, No. 16.2, at p. 3). Ebm-
pabst, while stating its support of the AMCA 214-21 ``fan'' definition 
for use in DOE's coverage determination, also suggested that furnace 
fans and ceiling fans, as defined in 10 CFR 430.2, should be 
specifically excluded in the ``commercial and industrial fan'' 
definition and commented that fans operating at three-phase or rated at 
greater than 127 volts would typically be considered as commercial and 
industrial fans (ebm-papst, No. 19, at p.1). MEP recommended that the 
definition for a commercial and industrial fan should include a 
requirement for polyphase electric current with a fan shaft power 
greater than 3 hp, to avoid including ``residential fans'' in 
regulations. (MEP, No. 15, at p. 1). AMCA commented that the scope of 
any potential DOE regulation should be based on a lower shaft power 
limit of 1 horsepower to align with ASHRAE 90.1-2019 and the 2021 
International Energy Conservation Code. (AMCA, No.12, at p. 3)
    While generally supporting use of the AMCA 214-21 definition as the 
DOE definition for ``fan'', Greenheck recommended establishing a 
separate definition for fans that are embedded in a manufactured 
assembly where the assembly includes functions other than air movement 
require further definition that considers the utility, function and 
overall energy consumption and efficiency of the manufactured assembly. 
(Greenheck, No. 18, p. 1) MEP also recommended that DOE establish a 
separate definition for embedded fans as provided by AMCA 214-21 and to 
make clear that embedded fans are not included in the definition of 
``fans.'' (MEP, No. 15, at p. 1) CTI commented that the majority of fan 
energy savings derive from standalone fans as opposed to embedded fans. 
CTI commented that an exemption for fans used in heat rejection 
equipment is appropriate because the overall performance of the heat 
rejection equipment is the key metric and not the performance of the 
individual fan component. (CTI, No. 13, at p. 2)
    In response to the April 2020 Notice of Petition, DOE received a 
number of comments relevant to the scope of the determination. AHRI 
commented that DOE should initiate a new coverage determination process 
and that the final scope of coverage should be limited to stand-alone 
fans. AHRI commented that HVACR and water heating equipment is built, 
tested, rated, and certified as a completed design; and that modifying 
a component, including fans, would change the performance of the 
equipment. AHRI commented that energy conservation standards could 
create a safety issue for replacement fans in equipment to the extent 
that compliance with safety and performance standards could be affected 
by a change in the fan performance. (Docket No. EERE-2020-BT-PET-0003; 
AHRI, No. 14 at p. 3) \22\ Daikin commented in support of AHRI's 
comment. (Docket No. EERE-2020-BT-PET-0003; Daikin, No. 8 at p. 1) 
Lennox similarly opposed regulating fans that are components of HVACR 
equipment. (Docket No. EERE-2020-BT-PET-0003; Lennox, No. 5 at pp. 2-3)
---------------------------------------------------------------------------

    \22\ As previously discussed, AHRI repeated these arguments in 
response to the May 2021 RFI.
---------------------------------------------------------------------------

    In response to the April 2020 Notice of Petition, Johnson Controls 
commented in support of initiating a coverage determination for 
commercial and industrial fans and blower products within the same 
scope and noted exemptions of the petition by AMCA, the Air 
Conditioning Contractors of America, and the Sheet Metal & Air 
Conditioning Contractors of America. Johnson Controls commented that 
they strongly oppose any regulatory measures aimed at fans that are 
components of heating, ventilation, and air conditioning (``HVAC'') 
equipment where the primary purpose of the equipment is to heat or cool 
a space, and for which there are already well-established equipment-
level energy efficiency. (Docket No. EERE-2020-BT-PET-0003; Johnson 
Controls, No. 10 at p. 1)
    In this final rule, DOE is no longer including the description 
``commercial and industrial'' with the term ``fan'', since DOE has 
determined that this language is redundant, given the statutory 
definition of ``industrial equipment'' in 42 U.S.C. 6311(2). In 
addition, as noted above, comments also raised questions as to whether 
including ``commercial and industrial'' would provide more clarity or 
provoke more uncertainty. The definition of ``industrial equipment'' 
explicitly excludes covered products, other than a component of a 
covered product. (42 U.S.C. 6311(2)(A)(iii)) Therefore, the inclusion 
of ``commercial and industrial'' is not necessary to clarify the 
exclusion of ceiling fans and furnace fans, both covered products 
defined at 10 CFR 430.2.
    While fans would typically operate on three-phase power and not on 
single-phase power, this criterion does not necessarily distinguish a 
fan as industrial equipment, because some

[[Page 46585]]

fans are sold without a motor (making it impossible to determine 
whether they would be operated on single-phase or three-phase power) 
and some fans could potentially be operated with either a three-phase 
or single-phase motor. As such, DOE is not including a phase criterion 
as part of the definition since it does not sufficiently distinguish a 
fan as industrial equipment.
    Further, while larger fans (i.e., fans with higher fan shaft input 
power) are typically used in commercial and industrial applications, 
some with lower fan shaft input power are also used in smaller 
commercial and industrial applications. Because nothing would formally 
prevent the use of a fan with a lower shaft input power in commercial 
and industrial applications, DOE is not using shaft input power in 
defining fans and finds the definition as-is will provide sufficient 
demarcation between industrial equipment and consumer products. DOE may 
consider fan shaft power when establishing the scope for potential fan 
test procedures and energy conservation standards.
    Commenters raised concerns that including embedded fans would 
produce overlapping standards and create multiple standard cycles, and 
questioned how DOE would evaluate performance of embedded fans that 
work as a component of a system. As discussed, the statutory definition 
of ``industrial equipment'' generally excludes covered products, but 
does not exclude the component of covered products. EPCA explicitly 
provides that industrial equipment can be a component of a covered 
product if the Secretary determines in a rule that such equipment is to 
a significant extent, distributed in commerce other than as component 
parts for consumer products and such equipment otherwise meets the 
definition of industrial equipment. (42 U.S.C. 6311(2)(A)(iii); 42 
U.S.C. 6312(c)) While some fans that meet the definition of ``fan'' as 
defined in this Final Determination may be component parts of consumer 
products, not all fans as defined are such. Therefore, whether a fan is 
embedded is not a criterion that can be reliably used to identify 
``fans''.
    While some commenters recommended specific exclusions from the fan 
definition, as stated and discussed in detail in section II.B, DOE has 
determined that fans as defined in this final determination and without 
further exclusions qualify as ``covered equipment'' under part A-1 of 
Title III of EPCA. (See 42 U.S.C. 6311(2)(A) and 42 U.S.C. 6312(b)) 
This final determination does not establish test procedures or energy 
conservation standards for fans. In evaluating potential test 
procedures and energy conservation standards, DOE will consider the 
extent to which any such test procedures or standards are appropriate 
and justified for specific fans.
    Based on the foregoing discussion, DOE is establishing the term 
``fan'' to mean a rotary bladed machine used to convert electrical or 
mechanical power to air power, with an energy output limited to 25 
kilojoule (kJ)/kilogram (kg) of air. It consists of an impeller, a 
shaft, and bearings and/or driver to support the impeller, as well as a 
structure or housing. A fan may include a transmission, driver, and/or 
motor controller. DOE is applying the same definition to the term 
``blower''.

B. Evaluation of Fans and Blowers as Covered Equipment

    As stated previously and discussed in detail in the following 
paragraphs, DOE has determined that fans (i.e., fans and blowers) meet 
the criteria for inclusion as ``covered equipment.'' (See 42 U.S.C. 
6311(2)(A) and 42 U.S.C. 6312(b))
    In response to the April 2020 Notice of Petition, AHRI commented 
that any final coverage determination that would rely on the analysis 
performed during the ASRAC process would not be appropriate given 
concerns related to the fan performance data used which was not 
certified performance data and was not confirmed to be reflective of 
fans that are components of HVACR and water heating equipment. (Docket 
No. EERE-2020-BT-PET-0003; AHRI, No. 14 at p. 3) Lennox commented that 
the June 2011 NOPD analysis lacked specificity and that DOE should 
account for the findings of the Working Group. (Docket No. EERE-2020-
BT-PET-0003; Lennox, No. 5 at p. 2)
    The November 2016 NODA analysis included market and technical 
information to characterize and evaluate the impacts of potential 
standards on certain embedded fans. 81 FR 75742,75751. As presented and 
discussed in detail in sections II.B.1, II.B.2, and II.B.4 of this 
document, DOE has updated its analysis to account for the findings of 
the Working Group and additional information collected after the 
publication of the November 2016 NODA.
    As noted, EPCA provides that ``covered equipment'' includes any 
other type of industrial equipment which the Secretary classifies as 
covered equipment for which the Secretary has determined coverage is 
necessary to carry out the purpose of Part A-1. 42 U.S.C. 6311(1)(L). 
``Industrial equipment'' is any article of specifically listed 
equipment that is of a type, which (1) in operation consumes, or is 
designed to consume, energy; (2) to any significant extent, is 
distributed in commerce for industrial or commercial use; (3) is not a 
``covered product,'' and (4) for which the Secretary has determined 
coverage is necessary to carry out the purpose of Part A-1. (42 U.S.C. 
6311(2)(A); 42 U.S.C. 6312(b))
    EPCA lists fans (i.e., fans and blowers) among the equipment that 
may be industrial equipment. (42 U.S.C. 6311(2)(B)(ii) and (iii)) DOE 
addresses the requirements for determining that fans are ``industrial 
equipment'' and ``covered equipment'' in the following paragraphs.
1. Energy Consumption in Operation
    To qualify as ``industrial equipment'' fans and blowers must be of 
a type which in operation consumes, or is designed to consume, energy. 
(42 U.S.C. 6311(2)(A)(i))
    In the 2011 NOPD, DOE used information from the 2009 U.S. Energy 
Information Administration (``EIA'') Annual Energy Outlook (``AEO'') to 
estimate the total energy consumption of equipment covered under the 
then proposed definitions of fan and blower in the commercial 
sector.\23\ DOE also used the 2009 EIA Manufacturing Energy Consumption 
Survey to estimate the total electricity consumption of the industrial 
sector. DOE then used information on the percentage of fan and blower 
electricity use in industry from an American Council for an Energy-
Efficient Economy study \24\ to calculate fan and blower electricity 
use in the industrial sector. DOE estimated that ``commercial fans and 
blowers'' consumed 139,533 million kWh of electricity per year while 
``industrial fans and blowers'' consumed 90,057 million kWh of 
electricity per year. 76 FR 37678, 37979.
---------------------------------------------------------------------------

    \23\ DOE used AEO's estimate of total energy consumption in 
commercial buildings by end use (e.g., lighting, cooking, and office 
equipment) and selected ``ventilation'' as the representative end 
use for fans as this equipment is used to provide building 
ventilation.
    \24\ Energy Efficiency and Electric Motors, Report PB-259 129, 
A.D. Little, Inc. 1976., U.S. Federal Energy Administration, Office 
of Industrial Programs. Springfield, VA: National Technical 
Information Service.
---------------------------------------------------------------------------

    In response to the 2011 NOPD and the May 2021 RFI, AHRI commented 
that the energy consumption estimate provided by DOE was based on 
outdated data and did not account for energy saving measures required 
by the major energy building codes in the U.S. AHRI stated that ASHRAE 
Standard 90.1-2010 Energy Standard for Buildings Except Low-Rise 
Residential Building

[[Page 46586]]

(``ASHRAE Standard 90.1'') includes limits on the energy consumption of 
commercial fans and has been adopted in most states. (AHRI, No. 3, at 
pp. 2-3)
    For this final determination, DOE updated its analysis to include 
information from a 2021 DOE study to estimate the amount of motor 
electricity use represented by fans and blowers in the industrial and 
commercial sectors.\25\ Based on this study, DOE estimates that fans 
and blowers consume 192,085 million kWh of electricity per year in the 
commercial sector and 112,942 million kWh of electricity per year in 
the industrial sector.
---------------------------------------------------------------------------

    \25\ U.S Department of Energy (January 2021), United States 
Industrial and Commercial Motor System Market Assessment Report. 
Volume 1: Characteristics of the Installed Base. Retrieved February 
2, 2021, from eta-publications.lbl.gov/sites/default/files/u.s._industrial_and_commerical_motor_system_market_assessment_report_vol_1_.pdf.
---------------------------------------------------------------------------

    Both the estimates from the June 2011 NOPD and the updated 
estimates demonstrate that fans and blowers consume energy in 
operation. Therefore, DOE concludes that fans and blowers satisfy the 
first element of ``industrial equipment'' required by 42 U.S.C. 
6311(2)(A)(i).
2. Distribution in Commerce
    To qualify as ``industrial equipment'' fans and blowers must be, to 
a significant extent, distributed in commerce for industrial and 
commercial use.\26\ (42 U.S.C. 6311(2)(A)(ii))
---------------------------------------------------------------------------

    \26\ DOE notes that distribution for residential use does not 
preclude coverage as covered equipment so long as to a significant 
extent the equipment is of a type that is also distributed in 
commerce for industrial and commercial use.
---------------------------------------------------------------------------

    DOE published shipments estimates for certain varieties of fans to 
support the November 2016 NODA analysis. The November 2016 NODA 
analyzed a subset of fans operating with a shaft input power equal to 
or greater than 1 horsepower and fan air power equal to or less than 
150 horsepower as recommended in the term sheet. Generally, the scope 
excluded certain fans used in HVACR equipment subject to DOE energy 
conservation standards and specific categories of fans such as safety 
fans. 81 FR 75742, 75745-75746 (Docket No. EERE-2013-BT-STD-0006; No. 
179, Recommendation #1, 2, 3, 5, at pp. 1-4)
    In the November 2016 NODA, DOE estimated annual shipments of fans 
in scope of the analysis to be 1.18 million with approximately 18 
percent for use in industrial applications and 82 percent for use in 
commercial applications. (Docket No. EERE-2013-BT-STD-0006; National 
Impact Analysis Spreadsheet, No. 192) The shipments of all fans and 
blowers covered under the definition of ``fan'' as established in this 
final determination are likely higher.
    In response to the November 2016 NODA analysis, A.O. Smith 
Corporation (``A.O. Smith'') commented that there were additional 
categories of equipment that incorporate fans. A.O Smith listed 
equipment such as boilers, water heaters, and pool heaters. (Docket No. 
EERE-2013-BT-STD-0006; A.O. Smith, No. 219 at p. 2) Greenheck listed 
other HVACR equipment that were not captured in DOE's estimate. (Docket 
No. EERE-2013-BT-STD-0006; Greenheck, No. 221.1 at pp. 20-21) However, 
A.O. Smith and Greenheck did not provide quantitative information to 
estimate these shipments. (Docket No. EERE-2013-BT-STD-0006; A.O. 
Smith, No. 219 at p. 2; Greenheck, No. 221.1 at pp. 20-21) AHRI 
commented that they estimated the number of fans in HVACR equipment to 
be between five to 14 million units. (Docket No. EERE-2013-BT-STD-0006; 
AHRI, No. 222 at p. 15) Daikin commented in support of this estimate 
and added that DOE overestimated the number of fans in air-handling 
units, noting that air-handler shipments should be closer to 130,000-
230,000. (Docket No. EERE-2013-BT-STD-0006; Daikin, No. 216 at p. 4) 
AHRI submitted additional shipments data to the California Energy 
Commission (``CEC'') Fan rulemaking docket which included updated 
shipments estimates.\27\
---------------------------------------------------------------------------

    \27\ AHRI's submission to the CEC docket is available here: CEC 
Docket 17-AAER-06, TN#221201-1. Available at: efiling.energy.ca.gov/GetDocument.aspx?tn=221201-1&DocumentContentId=26700.
---------------------------------------------------------------------------

    DOE reviewed the data submitted by AHRI to the CEC and subsequently 
revised the shipment estimates prepared for the November 2016 NODA. 
Specifically, DOE revised (1) air handling unit shipments from 330,402 
units to 65,000 units; (2) chiller shipments from 12,759 to 27,000 
units and used 7 instead of 14 fans per unit to calculate corresponding 
fan units; and (3) the number of fans per unit used in commercial 
packaged air-conditioning and heating equipment by capacity range.\28\ 
The updates reduced the total shipments for the fans analyzed in the 
November 2016 NODA from 1.18 million to 721,725 units.\29\
---------------------------------------------------------------------------

    \28\ For return and exhaust fans, DOE assumed an average of 0.06 
to 0.85 fans per unit depending on the capacity of the unit instead 
of 0.5 to 1.5 fans per unit. See Table 6 of CEC Docket 17-AAER-06, 
TN#221201-1. Available at: efiling.energy.ca.gov/GetDocument.aspx?tn=221201-1&DocumentContentId=26700.
    \29\ The November 2016 NODA analyzed certain categories of fans 
with a fan shaft input power equal to or greater than 1 horsepower 
and fan air power equal or less than 150 horsepower as recommended 
in the term sheet. (Docket No. EERE-2013-BT-STD-0006; No. 179, 
Recommendation #1, 2, 3, 5, at pp.1-4)
---------------------------------------------------------------------------

    Based on the shipments data, DOE estimates the shipments of fans 
and blowers to be at least 721,725 units per year. Both the estimates 
from the June 2011 NOPD and the updated estimates demonstrate that fans 
and blowers are distributed in commerce to a significant extent for 
industrial and commercial use, satisfying the second statutory element 
to qualify as ``industrial equipment''. (See 42 U.S.C. 6311(2)(A)(ii))
3. Prior Inclusion as a Covered Product
    To qualify as ``industrial equipment'' fans and blowers must not be 
a ``covered product'' as that term is defined in 42 U.S.C. 6291(a)(2). 
(42 U.S.C. 6311(2)(A)(iii))
    ``Covered product'' is defined through reference to the enumerated 
list of products at section 6292(a) of EPCA, which includes ``any other 
type of consumer product which the Secretary classifies as a covered 
product'' pursuant to certain statutory criteria. (42 U.S.C. 
6291(a)(2)) The fans and blowers are not included in the enumerated 
list of covered products in section 6292(a) of EPCA and the Secretary 
has not previously determined such fans and blowers to be covered 
products, though DOE does regulate ceiling fans and furnace fans. 
Further, the definition of fans (i.e., fans and blowers) established in 
this document explicitly excludes ceiling fans and furnace fans, both 
defined at 10 CFR 430.2. Therefore, equipment that is covered under the 
definition of ``fans'' (i.e., fans and blowers'' established in this 
document are not covered products as that term is defined in 42 U.S.C. 
6291(a)(2).
    DOE concludes that the third element of ``industrial equipment'' is 
satisfied. (See 42 U.S.C. 6311(2)(A)(iii))
4. Coverage Necessary To Carry Out the Purposes of Part A-1
    The purpose of Part A-1 is to improve the energy efficiency of 
electric motors, pumps, and certain other industrial equipment to 
conserve the energy resources of the Nation. (42 U.S.C. 6312(a)) In the 
2011 NOPD, DOE initially determined that coverage of fans and blowers 
was necessary to carry out the purposes of Part A-1 of EPCA because 
coverage would potentially promote the conservation of energy

[[Page 46587]]

resources. DOE estimated that technologies exist that could reduce the 
electricity consumption of fans by as much as 20 percent.\30\ 76 FR 
37678, 37680.
---------------------------------------------------------------------------

    \30\ Martin, N., Worrel, E., et al. Emerging Energy Efficient 
Industrial Technologies, LBNL-46990, 10/2000.
---------------------------------------------------------------------------

    In response to the 2011 NOPD, the CA IOUs commented that commercial 
and industrial fans and blowers represent a significant potential for 
energy savings. To illustrate the potential energy savings, the CA IOUs 
presented estimates of how different blade designs compare in terms of 
energy efficiency, noting that some designs (i.e., airfoil, backward 
curved/inclined centrifugal fans and vanaxial axial fans) are better 
than others. (CA IOUs, No. 6 at pp. 1-2)
    In response to the June 2011 NOPD, AHRI commented that systems that 
includes commercial and industrial fans and blowers are already subject 
to DOE energy conservation standards. AHRI asserted that Part A-1's 
purpose has already been achieved through DOE's energy conservation 
standards for commercial equipment; the minimum energy efficiency 
requirements within these standards adequately account for the energy 
consumption of various components within a system, including fans and 
blowers. (AHRI, No. 3 at pp. 1-2) In response to the January 2013 
Framework Document, AHRI added that setting energy conservation 
standards for fans and blowers used in HVAC applications would not 
ensure an optimized energy savings solution for this category of 
equipment and that ASHRAE Standard 90.1 already includes fan efficiency 
requirements for certain categories of HVAC fans. (Docket No. EERE-
2013-BT-STD-0006; AHRI, No. 12 at p. 1) Also, in response to the 
January 2013 Framework Document, AMCA, EEI, Lennox, commented that 
DOE's analysis should account for the existing fan efficiency 
requirements in ASHRAE Standard 90.1. (Docket No. EERE-2013-BT-STD-
0006; AMCA, No. 19 at pp. 5, 32; EEI, No. 13 at p. 2; Lennox, No. 18, 
at p. 3;) Ingersoll Rand/Trane noted that HVAC equipment that 
incorporate fans are already subject to minimum efficiency requirements 
in ASHRAE Standard 90.1. For fans going into these HVAC equipment, 
Ingersoll Rand/Trane commented that any improvements in the fan energy 
efficiency would not results in any energy savings as the HVAC 
equipment would continue to be designed to meet the equipment level 
metrics required by ASHRAE 90.1. (Docket No. EERE-2013-BT-STD-0006; 
Ingersoll Rand/Trane, No. 24, at p. 2) In response to the June 2011 
NOPD, CTI also commented that much of the energy savings for standalone 
fans is already captured in ASHRAE 90.1 and in the International Energy 
Conservation Code. (CTI, No. 13, at p. 2)
    In response to the May 2021 RFI, AHRI reiterated its concern that 
the data evaluated in DOE's previous NODA analyses used a fan database 
with fan performance characteristics that may not have appropriately 
represented embedded fans. (AHRI, No. 16.2, at p. 5) Greenheck 
recommended that DOE reevaluate the potential energy savings for fans 
based on the new fan energy requirements included in the 2019 version 
of ASHRAE 90.1, as well as savings obtained from ongoing utility 
incentive programs, related state energy standards/codes and industry 
performance certifications programs. (Greenheck, No. 18, at pp. 2, 3)
    In the November 2016 NODA, DOE provided estimates of national 
energy savings that may result from potential energy conservation 
standards.\31\ DOE analyzed six efficiency levels (``ELs'') 
representing lower efficiency fans (``baseline level''--EL0) and higher 
efficiency fans (``max tech''--EL6). To develop these efficiency 
levels, DOE identified existing technology options that affect 
efficiency. DOE then conducted a screening analysis to review each 
technology option and decide whether it: (1) Is technologically 
feasible; (2) is practicable to manufacture, install, and service; (3) 
would adversely affect product utility or product availability; or (4) 
would have adverse impacts on health and safety. The technology options 
remaining after the screening analysis consisted of a variety of 
impeller designs and guide vanes. DOE used these technology options to 
divide the fan groups into subgroups and conducted a market-based 
assessment of the prevalence of each subgroup at the different 
efficiency levels analyzed. DOE analyzed six efficiency levels in the 
November 2016 NODA, including one efficiency level representing the 
efficiency target as recommended by AMCA \32\ as well as additional 
levels above and below. 81 FR 75742, 75748. DOE estimated that 
technologies exist that could reduce the electricity consumption of a 
baseline fan by as much as 30 percent,\33\ resulting in national energy 
savings ranging from 0.79-6.96 quads site savings over the 30 year 
analysis period (2.2 to 19.1 quads Full Fuel Cycle) depending on the EL 
considered. (Docket No. EERE-2013-BT-STD-0006; National Impact Analysis 
Spreadsheet, No. 192)
---------------------------------------------------------------------------

    \31\ The national impact analysis tool and results supporting 
the November 2016 NODA are available online at https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192.
    \32\ See AMCA's DOE Fan efficiency Proposal presented at the 
59th AMCA Annual Meeting, January 24, 2015.
    \33\ Based on the difference in fan efficiency targets at EL0 
and EL6.
---------------------------------------------------------------------------

    Regarding ASHRAE Standard 90.1 and its effect on the current mix of 
fan and blower efficiencies on the market, DOE considered confidential 
sales data provided by AMCA in development of fan efficiency 
distributions for the November 2016 NODA. DOE collected additional 
technical and market information specific to embedded fans to represent 
both the embedded fan and standalone fan markets. DOE applied these 
efficiency distributions to account for the fact that more efficient 
fans are already on the market when estimating energy savings from 
potential energy conservation standards. 81 FR 75742, 75751-75752.\34\ 
Further, since the publication of the November 2016 NODA, the industry 
standard in ASHRAE Standard 90.1 applicable to fans was revised to 
include updated fan efficiency requirements corresponding to 
approximately the stringency level in EL 3 as analyzed in the November 
2016 NODA.\35\ Because ASHRAE Standard 90.1 is approximately as 
stringent as EL 3 in the 2016 NODA analysis, the figures and analysis 
from the 2016 NODA can be used to determine remaining potential energy 
savings, assuming a full implementation of the fan requirements in 
ASHRAE 90.1. Even assuming full implementation of ASHRAE Standard 90.1, 
DOE estimates that there would remain a potential for additional energy 
savings ranging from 0.55-5.5 quads site energy savings (1.5 to 15.1 
quads FFC energy savings) over the 30 year analysis period.\36\
---------------------------------------------------------------------------

    \34\ The efficiency distributions reflect market shares of fan 
shipments by efficiency level in the absence of an energy 
conservation standard. In the November 2016 NODA, DOE assumed that 
some fans are already being purchased at efficiency levels above the 
baseline. See ``LCC Input'' tab of the national impact analysis tool 
(Row #39) Available at https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192.
    \35\ ANSI/ASHRAE/IES Standard 90.1-2019 (I-P), Energy Standard 
for Buildings Except Low-Rise Residential Buildings. Section 
6.5.3.1.3 ``Fan efficiency''.
    \36\ To estimate these savings, DOE subtracted the national 
energy savings estimates at EL3 from the national energy savings 
estimates as projected by in the November 2016 NODA. The national 
impact analysis tool and results supporting the November 2016 NODA 
are available online at https://www.regulations.gov/document/EERE-2013-BT-STD-0006-0192.
---------------------------------------------------------------------------

    The national energy savings results presented in the November 2016 
NODA

[[Page 46588]]

and the subsequent estimates that assume full implementation of 
relevant industry standards demonstrate that coverage of fans and 
blowers and energy conservation standards that may result from such 
coverage would improve the efficiency of fans and blowers. Such 
standards would further the purpose of Part A-1, to conserve the energy 
resources of the Nation.

C. Final Determination

    Based on the foregoing discussion, DOE concludes that including 
fans and blowers, as defined in this final determination, as covered 
equipment is necessary to carry out the purposes of Part A-1. Based on 
the information discussed in sections II.B.1, II.B.2, and II.B.3 of 
this final determination, DOE is classifying fans and blowers as 
covered equipment.
    This final determination does not establish test procedures or 
energy conservation standards for fans and blowers. DOE will address 
test procedures and energy conservation standards through its normal 
rulemaking process.

III. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    This coverage determination has been determined to be not 
significant for purposes of Executive Order (``E.O'') 12866, 
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). As a 
result, the Office of Management and Budget (``OMB'') did not review 
this final determination.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by E.O. 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE has made its 
procedures and policies available on the Office of the General 
Counsel's website (https://energy.gov/gc/office-general-counsel).
    DOE reviewed this final rule under the provisions of the Regulatory 
Flexibility Act and the policies and procedures published on February 
19, 2003. This final determination does not establish test procedures 
or standards for fans and blowers. On the basis of the foregoing, DOE 
certifies that this final determination has no significant economic 
impact on a substantial number of small entities. Accordingly, DOE has 
not prepared an IRFA for this final determination. DOE will transmit 
this certification and supporting statement of factual basis to the 
Chief Counsel for Advocacy of the Small Business Administration for 
review under 5 U.S.C. 605(b).

C. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act (NEPA) of 1969, 
DOE has analyzed this proposed action in accordance with NEPA and DOE's 
NEPA implementing regulations (10 CFR part 1021). DOE has determined 
that this rule qualifies for categorical exclusion under 10 CFR part 
1021, subpart D, appendix A6 because it is strictly procedural and 
meets the requirements for application of a CX. See 10 CFR part 
1021410. Therefore, DOE has determined that promulgation of this rule 
is not a major Federal action significantly affecting the quality of 
the human environment within the meaning of NEPA, and does not require 
an Environmental Assessment or Environmental Impact Statement.

D. Review Under Executive Order 13132

    E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), imposes 
certain requirements on Federal agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735.
    EPCA governs and prescribes Federal preemption of State regulations 
as to energy conservation for the industrial equipment that is the 
subject of this final determination. (42 U.S.C. 6316(a)(10); 42 U.S.C. 
6297) Regarding equipment for which DOE has made a coverage 
determination pursuant to 42 U.S.C. 6311(1)(L) the preemption 
provisions of 42 U.S.C. 6297 begin on the date on which a final rule 
establishing an energy conservation standard is issued by the 
Secretary, except that any State or local standard prescribed or 
enacted for the equipment before the date on which the final rule is 
issued shall not be preempted until the energy conservation standard 
established by the Secretary for the equipment takes effect. (42 U.S.C. 
6316(a)(10)) This final determination does not establish energy 
conservation standards for fans and blowers. DOE has examined this 
final determination and concludes that it does not preempt State law or 
have substantial direct effects on the States, on the relationship 
between the Federal government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
No further action is required by E.O. 13132.

E. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil 
Justice Reform,'' imposes on Federal agencies the general duty to 
adhere to the following requirements: (1) Eliminate drafting errors and 
ambiguity, (2) write regulations to minimize litigation, (3) provide a 
clear legal standard for affected conduct rather than a general 
standard, and (4) promote simplification and burden reduction. 61 FR 
4729 (Feb. 7, 1996). Regarding the review required by section 3(a), 
section 3(b) of E.O. 12988 specifically requires that Executive 
agencies make every reasonable effort to ensure that the regulation: 
(1) Clearly specifies the preemptive effect, if any, (2) clearly 
specifies any effect on existing Federal law or regulation, (3) 
provides a clear legal standard for affected conduct while promoting 
simplification and burden reduction, (4) specifies the retroactive 
effect, if any, (5) adequately defines key terms, and (6) addresses 
other important issues affecting clarity and general draftsmanship 
under any guidelines issued by the Attorney General. Section 3(c) of 
Executive Order 12988 requires Executive agencies to review regulations 
in light of applicable standards in section 3(a) and section 3(b) to 
determine whether they are met or it is unreasonable to meet one or 
more of them. DOE has completed the required review and determined 
that, to the extent permitted by law, this final determination meets 
the relevant standards of E.O. 12988.

[[Page 46589]]

F. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action likely to result in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect them. On March 18, 1997, DOE published 
a statement of policy on its process for intergovernmental consultation 
under UMRA. 62 FR 12820. DOE's policy statement is also available at 
www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
    This final determination does not contain a Federal 
intergovernmental mandate, nor is it expected to require expenditures 
of $100 million or more in any one year by the private sector. As a 
result, the analytical requirements of UMRA do not apply.

G. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final determination would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

H. Review Under Executive Order 12630

    Pursuant to E.O. 12630, ``Governmental Actions and Interference 
with Constitutionally Protected Property Rights,'' 53 FR 8859 (Mar. 15, 
1988), DOE has determined that this final determination would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

I. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for Federal agencies to review 
most disseminations of information to the public under information 
quality guidelines established by each agency pursuant to general 
guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 
(Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 
(Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving 
Implementation of the Information Quality Act (April 24, 2019), DOE 
published updated guidelines which are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final determination under the OMB and DOE guidelines and 
has concluded that it is consistent with applicable policies in those 
guidelines.

J. Review Under Executive Order 13211

    E.O. 13211, ``Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22, 
2001), requires Federal agencies to prepare and submit to OIRA at OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgates or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 12866, or any successor Executive order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use should the proposal be implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This final determination is not establishing energy conservation 
standards for fans and blowers. It is not a significant energy action, 
nor has it been designated as such by the Administrator at OIRA. 
Accordingly, DOE has not prepared a Statement of Energy Effects.

K. Information Quality

    On December 16, 2004, OMB, in consultation with the Office of 
Science and Technology Policy (``OSTP''), issued its Final Information 
Quality Bulletin for Peer Review (``the Bulletin''). 70 FR 2664 (Jan. 
14, 2005). The Bulletin establishes that certain scientific information 
shall be peer reviewed by qualified specialists before it is 
disseminated by the Federal Government, including influential 
scientific information related to agency regulatory actions. The 
purpose of the bulletin is to enhance the quality and credibility of 
the Government's scientific information. Under the Bulletin, the energy 
conservation standards rulemaking analyses are ``influential scientific 
information,'' which the Bulletin defines as ``scientific information 
the agency reasonably can determine will have, or does have, a clear 
and substantial impact on important public policies or private sector 
decisions.'' Id. at 70 FR 2667.
    In response to OMB's Bulletin, DOE conducted formal peer reviews of 
the energy conservation standards development process and the analyses 
that are typically used and has prepared a report describing that peer 
review.\37\ Generation of this report involved a rigorous, formal, and 
documented evaluation using objective criteria and qualified and 
independent reviewers to make a judgment as to the technical/
scientific/business merit, the actual or anticipated results, and the 
productivity and management effectiveness of programs and/or projects. 
DOE has determined that the peer-reviewed analytical process continues 
to reflect current practice, and the Department followed that process 
for developing energy conservation standards in the case of the present 
action.
---------------------------------------------------------------------------

    \37\ ``Energy Conservation Standards Rulemaking Peer Review 
Report.'' 2007. Available at www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0.
---------------------------------------------------------------------------

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this final determination prior to its effective date. 
The report will state that it has been determined that the rule is a 
``major rule'' as defined by 5 U.S.C. 804(2).

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
determination.

[[Page 46590]]

List of Subjects in 10 CFR 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Incorporation by reference, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

Signing Authority

    This document of the Department of Energy was signed on August 13, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on August 13, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
    For the reasons set forth in the preamble, DOE amends part 431 
of chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations, as set forth below:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


0
2. Add subpart J to read as follows:
Subpart J--Fans and Blowers
Sec.
431.171 Purpose and scope.
431.172 Definition.
431.173-431.176 [Reserved].

Subpart J--Fans and Blowers


Sec.  431.171  Purpose and scope.

    This subpart contains provisions regarding fans and blowers, 
pursuant to Part C of Title III of the Energy Policy and Conservation 
Act, as amended, 42 U.S.C. 6311-6317. This subpart does not cover 
``ceiling fans'' as that term is defined and addressed in part 430 this 
chapter, nor does it cover ``furnace fans'' as that term is defined and 
addressed in part 430 of this chapter.


Sec.  431.172  Definition.

    Fan or blower means a rotary bladed machine used to convert 
electrical or mechanical power to air power, with an energy output 
limited to 25 kilojoule (kJ)/kilogram (kg) of air. It consists of an 
impeller, a shaft and bearings and/or driver to support the impeller, 
as well as a structure or housing. A fan or blower may include a 
transmission, driver, and/or motor controller.


Sec. Sec.  431.173-431.176  [Reserved].

[FR Doc. 2021-17715 Filed 8-18-21; 8:45 am]
BILLING CODE 6450-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.