[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Proposed Rules]
[Pages 22677-22684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08316]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2020-BT-PET-0003]
Energy Efficiency Program for Industrial Equipment: Test
Procedures for Fans, Notice of Petition for Rulemaking
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for rulemaking; request for comments.
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SUMMARY: This document announces receipt of a petition received by DOE
on January 10, 2020, from the Air Movement and Control Association
(AMCA), International, Air Conditioning Contractors of America, and
Sheet Metal & Air Conditioning Contractors of America requesting that
DOE establish a Federal test procedure for commercial and industrial
fans. The petition, which appears at the end of this document, requests
that DOE resume a previous DOE rulemaking effort to establish a Federal
test
[[Page 22678]]
procedure for commercial and industrial fans, and that such test
procedure be based on an upcoming industry test method. This document
summarizes the substantive aspects of this position and requests public
comments on the merits of the petition.
DATES: DOE will accept comments, data, and information with respect to
the AMCA Petition until May 26, 2020.
ADDRESSES: You may submit comments, identified by docket number ``EERE-
2020-BT-PET-0003,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. Include the docket
number and/or RIN in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting written comments and additional information
on the rulemaking process, see section V of this document (Public
Participation).
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
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 http://www.regulations.gov. All documents in the docket are listed in the
http://www.regulations.gov index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page can be found at: http://www.regulations.gov/docket?D=EERE-2020-BT-PET-0003.
The docket web page will contain simple instructions on how to
access all documents, including public comments, in the docket. See the
Submitting Public Comment section of this document for further
information on how to submit comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of
Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue
SW, Washington, DC 20585-0121. Telephone: (202) 586-9870. Email:
[email protected].
Mr. Matthew Ring, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0103.
Telephone: (202) 586-2555. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or to request a public meeting, contact
the Appliance and Equipment Standards Program staff at (202) 287-1445
or by email: [email protected].
SUPPLEMENTARY INFORMATION: The Administrative Procedure Act (APA), 5
U.S.C. 551 et seq., provides among other things, that ``[e]ach agency
shall give an interested person the right to petition for the issuance,
amendment, or repeal of a rule.'' (5 U.S.C. 553(e)) DOE received a
petition from the Air Movement and Control Association International,
Air Conditioning Contractors of America, and Sheet Metal & Air
Conditioning Contractors of America (hereinafter referred to as ``the
petitioners''), as described in this document and set forth verbatim
below, requesting that DOE resume a previous DOE rulemaking effort to
establish a Federal test procedure for commercial and industrial fans,
and that such test procedure be based on an upcoming industry test
method, AMCA 214.
For reference, in 2011, DOE proposed a determination that
commercial and industrial fans, blowers, and fume hoods, are covered
equipment under Part A-1 of Title III of the Energy Policy and
Conservation Act (EPCA) (42 U.S.C. 6311 et seq.), as amended, which
would subject such equipment to the energy conservation standards (42
U.S.C. 6313) and test procedure requirements (42 U.S.C. 6314) of Part
A-1 of Title III of EPCA. (See 76 FR 37678) DOE held a public meeting
and solicited public comment on the proposed determination. DOE then
established a negotiated rulemaking working group under the Appliance
Standards and Rulemaking Federal Advisory Committee (ASRAC Working
Group) to negotiate the scope of coverage, key conditions of a proposed
test procedure, and proposed energy conservation standards for fans and
blowers. (80 FR 17359) After negotiation meetings and solicitation of
public comment,\1\ the ASRAC Working Group made several recommendations
regarding the issues discussed in the negotiated rulemaking.\2\
However, DOE did not finalize its determination and has not taken
further action on the matter.
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\1\ Comments and documents related to the proposed determination
and the ASRAC meetings may be found http://www.regulations.gov under
docket number EERE-2013-BT-STD-0006.
\2\ The final ASRAC Commercial and Industrial Fans and Blowers
Working Group term sheet (Docket No. EERE-2013-BT-STD-0006, No. 179)
is available at https://www.regulations.gov/document?D=EERE-2013-BT-STD-0006-0179.
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In their petition, the petitioners propose that DOE base a test
procedure for commercial and industrial fans on new fan efficiency
metrics: Fan electrical power (FEP) measured in kilowatts and the fan
energy index (FEI).\3\ Petitioners state that both metrics are derived
using a set of AMCA test methods, which will be incorporated under the
upcoming AMCA 214.\4\ Petitioners also request that the scope of any
Federal test procedure for fans be consistent with that in ANSI/ASHRAE/
IES Standard 90.1-2019, Energy Standard for Buildings Except Low-Rise
Residential Buildings (ASHRAE 90.1-2019), and that some fans should be
exempt from testing in accordance with specific industry standards
highlighted by the petitioners, and in accordance with the
recommendations of the ASRAC Working Group. Petitioners also request
that a Federal test procedure for commercial and industrial fans allow
regulators to rely on previously established test data to certify
compliance, and that regulators be allowed to rely on test data from a
single fan to certify compliance with any state or Federal efficiency
standard, and to use test results based on certain AMCA or
International Organization for Standardization (ISO) standardized
methods of testing. (The petitioners, No. 01 at p. 8)
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\3\ The FEI of a fan at a given operating point is a
dimensionless index defined as the FEP (kW) of a theoretical
reference fan divided by the FEP (kW) of the fan at the same
operating point.
\4\ According to petitioners, AMCA 214 establishes uniform
definitions of FEI and FEP and integrates and revises ANSI/AMCA
Standard 207 (Fan System Efficiency and Fan System Input Power),
ANSI/AMCA Standard 208 (Calculation of the Fan Energy Index for
calculating FEI) and portions of AMCA Publication 211 (Certified
Ratings Program Product Rating Manual for Fan Air Performance), and
incorporates by reference standardized methods of test for fans
(e.g. ANSI/AMCA Standard 210/ASHRAE Standard 51, Laboratory Methods
of Testing Fans for Certified Aerodynamic Performance Rating). (The
petitioners, No. 01 at p. 6-7)
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Petitioners assert that a Federal test procedure based upon AMCA
2014 would have several benefits, including: (1) More accurate
representation of
[[Page 22679]]
wire-to-air performance of fans and fan energy use, (2) assisting
customers in comparing and selecting fans, (3) easier enforceability
for regulators, and (4) acceleration of the use of the new efficiency
metrics recommended by the ASRAC Working Group. (The petitioners, No.
01 at p. 4-5) Petitioners also state that a Federal test procedure
would reduce regulatory burden, particularly to small- to medium-sized
manufacturers. (The petitioners, No. 01 at p. 4) Petitioners state that
without a Federal test procedure, the industry would have to continue
to comply with unique or outdated state energy codes resulting in
considerable regulatory burden for the fan industry through expenditure
of resources, greater uncertainty, and inefficiency. (The petitioners,
No. 01 at p. 5-6)
The petition is available in the docket at http://www.regulations.gov/docket?D=EERE-2020-BT-PET-0003. In promulgating
this petition for public comment, DOE is seeking views on whether it
should consider the petition and undertake a rulemaking to develop a
test procedure for fans. By seeking comment on whether to grant this
petition, DOE takes no position at this time regarding the merits of
the suggested rulemaking or the assertions made by the petitioners.
DOE welcomes comments and views of interested parties on any aspect
of the petition for rulemaking and on whether DOE should proceed with
the rulemaking. Specifically, DOE request submission of comments,
including data and information on whether an amended test procedure
rule would: (1) Accurately measure energy efficiency, energy use, or
estimated annual operating cost of fans during a representative average
use cycle or period of use; and (2) Not be unduly burdensome to
conduct.
Submission of Comments
DOE invites all interested parties to submit in writing by May 26,
2020, comments and information regarding this petition.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and
contact information prior to submitting comments. Your contact
information will be viewable to DOE Building Technologies staff only.
Your contact information will not be publicly viewable except for your
first and last names, organization name (if any), and submitter
representative name (if any). If your comment is not processed properly
because of technical difficulties, DOE will use this information to
contact you. If DOE cannot read your comment due to technical
difficulties and cannot contact you for clarification, DOE may not be
able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
http://www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or postal mail.
Comments and documents via email, hand delivery, or postal mail will
also be posted to http://www.regulations.gov. If you do not want your
personal contact information to be publicly viewable, do not include it
in your comment or any accompanying documents. Instead, provide your
contact information on a cover letter. Include your first and last
names, email address, telephone number, and optional mailing address.
The cover letter will not be publicly viewable as long as it does not
include any comments.
Include contact information in your cover letter each time you
submit comments, data, documents, and other information to DOE. If you
submit via postal mail or hand delivery, please provide all items on a
CD, if feasible, in which case it is not necessary to submit printed
copies. No telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted electronically
should be provided in PDF (preferred), Microsoft Word or Excel,
WordPerfect, or text (ASCII) file format. Provide documents that are
not secured, written in English, and free of any defects or viruses.
Documents should not include any special characters or any form of
encryption, and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: One copy
of the document marked ``Confidential'' including all the information
believed to be confidential, and one copy of the document marked ``Non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
its process for considering rulemaking petitions. DOE actively
encourages the participation and interaction of the public during the
comment period. Interactions with and between members of the public
provide a balanced discussion of the issues and assist DOE in
determining how to proceed with a petition. Anyone who wishes to be
added to DOE mailing list to receive future notices and information
about this petition should contact Appliance and Equipment Standards
Program staff at (202) 287-1445 or via email at
[email protected].
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Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
petition for rulemaking.
Signed in Washington, DC, on April 2, 2020.
Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
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Before the United States Department of Energy
Office of Energy Efficiency and Renewable Energy
In the Matter of Energy Conservation Program: Commercial and Industrial
Fans and Blowers;
January 10, 2020
Petition for Adoption of Uniform Test Procedure for Certain Commercial
and Industrial Fans and Blowers
Air Movement and Control Association (AMCA) International,\8\ Air
Conditioning Contractors of America (ACCA) \9\ and Sheet Metal & Air
Conditioning Contractors of America (SMACNA),\10\ respectfully petition
the U. S. Department of Energy (DOE) to develop a test procedure for
commercial and industrial fans and blowers (CIFB) based on an AMCA
draft test procedure (AMCA 214),\11\ which is being developed by an
American National Standards Institute- (ANSI-) compliant committee of
AMCA members and energy-efficiency advocates.
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\8\ AMCA International Inc. is a not-for-profit association of
manufacturers of fans, dampers, louvers, air curtains, and other
air-system components for commercial HVAC, industrial-process, and
power-generation applications. With programs such as certified
ratings, laboratory accreditation, verification of compliance, and
international-standards development, its mission is to advance the
knowledge of air systems and uphold industry integrity on behalf of
its 400 member companies worldwide.
\9\ ACCA is a non-profit association whose membership includes
more than 60,000 professionals from businesses in the indoor
environment and energy services community. We work together to
promote professional contracting, energy efficiency, and healthy,
comfortable indoor environments.
\10\ SMACNA is an international trade association representing
1,834 member firms in 97 chapters throughout the United States,
Canada, Australia, and Brazil. A leader in promoting quality and
excellence in the sheet metal and air conditioning industry, SMACNA
has offices in Chantilly, Va., and on Capitol Hill.
\11\ AMCA 214, Test Procedure for Calculating Fan Energy Index
for Commercial and Industrial Fans and Blowers, is in the review/
balloting stage with the intent of achieving ANSI standard
accreditation in 2020.
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AMCA, ACCA, and SMACNA believe such an action by the Department
would be in the national interest and consistent with the
Administration's objective of reducing regulatory burden, particularly
on small- to medium-sized manufacturers.
Moreover, development of a CIFB test procedure based on AMCA 214
would accelerate the use of a new fan-efficiency metric that was agreed
to in a term sheet approved by an Appliance Standards and Rulemaking
Federal Advisory Committee (ASRAC) Working Group from the unfinished
DOE CIFB rulemaking. The new metric is superior to the metric currently
used in pre-2019 editions of ASHRAE and International Code Council
model energy standards and codes, state energy codes, and voluntary and
mandatory fan regulations in India, Malaysia, Thailand, and other Asian
countries.
Need To Preempt Metric Used in State Energy Codes and Regulations
In 2010, AMCA published a rating standard defining a metric for fan
efficiency, Fan Efficiency Grade (FEG), and led its placement into
model energy codes and standards from 2012 onward.\12\ FEG subsequently
has been adopted into at least 12 state energy codes.\13\
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\12\ International Green Construction Code (2012); ANSI/ASHRAE/
IES 90.1, Energy Standard for Buildings Except Low-Rise Residential
Buildings (2013); ANSI/ASHRAE/USGBC/IES 189.1, Standard for the
Design of High-Performance Green Buildings Except Low-Rise
Residential Buildings (2014); International Energy Conservation Code
(2015).
\13\ States with FEG-based energy-code provisions include, but
may not be limited to, Alabama, Florida, Hawaii, Idaho, Illinois,
Maryland, Minnesota, New Jersey, New York, Oregon, Utah, Vermont,
and Washington.
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During the DOE CIFB rulemaking that started in 2011, AMCA, working
in collaboration with DOE and energy-efficiency advocates, developed
superior metrics--Fan Energy Index (FEI) and Fan Electrical Power
(FEP). These metrics were recommended in the term sheet approved by the
ASRAC Working Group for Fans in 2015.
Compared with FEG, FEI is a wire-to-air metric for fans as extended
products. It allows fan specifiers and purchasers to easily compare the
power consumption of various potential fan selections, including motor
and drive combinations. FEI also facilitates simpler enforcement by
code officials because FEI ratings are easy to compare to minimum code
requirements. Therefore, the new metric is designed to use market
signals and better information to assist customers in selecting the
most efficient fan for their specific requirements.
AMCA is convinced of the superiority of FEI and FEP, specifically
their substantial energy-saving potential, their enabling more
straightforward fan selection for system design, and their simpler
enforceability by code officials.
DOE was expected to publish a proposed test procedure for fans soon
after the 2015 conclusion of the ASRAC Working Group. However, DOE's
work on fans was suspended following the January 20, 2017, publication
of Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs.
Without a federal CIFB test procedure, industry must continue to
comply with state energy codes using the outdated FEG metric and endure
the cost and resources of advocating for the adoption of FEI on a
state-by-state basis. Without federal preemption, the phaseout of FEG
will take many years to accomplish through regular code cycles
(Minnesota, for example, has a six-year revision cycle and is now
adopting the 2018 International Energy Conservation Code).
State appliance regulations are a completely different regulatory
channel affecting the fan industry. The California Energy Commission is
developing a CIFB efficiency regulation \14\ based on FEI and FEP, with
other states expected to follow suit. Without a federal test procedure,
these states would be free to promulgate unique requirements that, in
aggregate, could impose excessive regulatory burden.
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\14\ For Title 20, see California Energy Commission Docket 17-
AAER-06, Commercial and Industrial Fans and Blowers, at https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=17-AAER-06.
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In short, the Executive Order meant to ease regulatory burden has
had the opposite effect of triggering considerable regulatory burden
for the fan industry through expenditure of resources, greater
uncertainty, and inefficiency.
Basis on Emerging Industry Standard
AMCA and energy-efficiency advocates are working with the
California Energy Commission (CEC) to incorporate FEI into the Title 20
appliance-efficiency standard. To aid this and the efforts of other
states certain to follow, AMCA and energy-efficiency advocates are
developing a test procedure for FEI. The intent is to have AMCA 214
ANSI-accredited and referenced in state appliance regulations,
encouraging uniform testing and rating requirements.
Calculating an FEI rating from fan-test data currently requires
four different AMCA publications: Two calculation standards, one
standardized method of test, and one operating manual. AMCA 214 weaves
these publications together. It integrates and revises sections of
ANSI/AMCA Standard 207, Fan System Efficiency and Fan System Input
Power, for calculating part-load motor and drive efficiencies and ANSI/
AMCA Standard 208, Calculation of the Fan Energy Index, for calculating
FEI; incorporates by reference standardized methods of test appropriate
for most fans; \15\ and integrates and revises
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portions of the operating manual for fans in AMCA Publication 211,
Certified Ratings Program Product Rating Manual for Fan Air
Performance.
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\15\ AMCA 214 references ANSI/AMCA Standard 210/ASHRAE Standard
51, Laboratory Methods of Testing Fans for Certified Aerodynamic
Performance Rating, for most types of fans and permits substituting
ISO 5801, Fans--Performance Testing Using Standardized Airways, for
ANSI/AMCA Standard 210/ASHRAE Standard 51.
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AMCA 214 establishes uniform definitions of FEI and FEP as well as
means by which fans are tested and ratings calculated. Also, it
provides definitions of key terms that are intended to be legally
enforceable.
A federal test procedure would not solve all problems, as states
still would be able to set their own minimum efficiency performance
standards, labeling and compliance-filing requirements, and
surveillance procedures. However, establishing metrics and the AMCA 214
test procedure would provide substantial relief for U.S. codes,
standards, and regulations and promote and support worldwide
uniformity.
To facilitate fan regulation by a state or an agency, AMCA 214
omits scoping statements that would restrict the test procedure to
specific fan types or sizes and does not present labeling, compliance,
or surveillance mechanisms that would be included in an efficiency
standard.
Limit Scope of Test Procedure
AMCA petitions that the test-procedure scope for commercial fans be
consistent with that in ANSI/ASHRAE/IES 90.1-2019, Energy Standard for
Buildings Except Low-Rise Residential Buildings, and exempt embedded
fans that are part of equipment listed under ANSI/ASHRAE/IES 90.1-2010
Section 6.4.1.1. For industrial fans, AMCA recommends omitting fans
that cannot be tested to ANSI/AMCA Standard 210/ASHRAE Standard 51,
Laboratory Methods of Testing Fans for Certified Aerodynamic
Performance Rating, such as jet fans. AMCA also petitions that the
exemptions in the 2015 ASRAC term sheet be followed.
Need To Allow Legacy Data
AMCA, ACCA and SMACNA petition that manufacturers and regulators be
allowed to rely on previously established fan ratings to certify
compliance with any state or federal efficiency standard (1) regardless
of the date of the test, (2) even if the testing occurred prior to
laboratory approval by the government entity, and (3) even if the
testing was conducted before the federal test procedure was approved by
DOE. Moreover, AMCA, ACCA and SMACNA petition that manufacturers and
regulators be allowed to rely on ratings from a single fan to certify
compliance with any state or federal efficiency standard and use test
results based on the above-listed AMCA or International Organization
for Standardization (ISO) standardized methods of test.
Conclusion
Without federal preemption, the fan industry will have to contend
with state energy-code cycles over many years to remove a legacy
metric. Additionally, it will have to negotiate with state regulators
developing CIFB appliance standards. Appliance rulemaking processes and
required participation are time-consuming and complex; legally
enforceable definitions and test procedures must be developed. Because
states are entitled to unique regulations, AMCA and manufacturers will
be burdened with participating in rulemakings state by state, which
will likely result in unique requirements and test procedures. In
aggregate, small and medium-sized companies will be imperiled by
burdensome costs and possible penalties resulting from unintended
errors.
FEI is a metric for driving CIFB efficiency that is superior to the
FEG metric currently used in many state energy codes and in other
economies. FEI and FEP (which is used to calculate FEI) were agreed on
by the ASRAC fan working group and the ASRAC Working Group.
AMCA 214 is a draft test procedure developed by industry experts
and diverse stakeholders that DOE can use to accelerate the adoption of
FEI on a national basis, eliminating the outdated FEG and reducing
regulatory burden. Greater use of FEI will provide a convenient and
effective tool for making better fan selections, which will reduce
energy consumption, carbon emissions, and energy costs.
Therefore, AMCA, SMACNA, and ACCA respectfully petition DOE to
adopt a test procedure for commercial and industrial fans based on AMCA
214 with the scope limitations proposed and allow historical data from
tests performed to AMCA or ISO test standards.
End of Petition
[FR Doc. 2020-08316 Filed 4-22-20; 8:45 am]
BILLING CODE 6450-01-P