[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Notices]
[Pages 50808-50818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15985]


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DEPARTMENT OF ENERGY

[Case Number 2019-001; EERE-2019-BT-WAV-0004]


Energy Conservation Program: Notice of Petition for Waiver of ECR 
International, Inc. From the Department of Energy Furnace Fan Test 
Procedure and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver and grant of an interim waiver; 
request for comments.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver and interim waiver from ECR International, Inc. (``ECR''), which 
seeks a waiver for specified furnace fan basic models, which are belt-
driven, single-speed, and designed for use in ``heat-only'' 
applications, from the U.S. Department of Energy (``DOE'') test 
procedure used for determining the energy consumption of furnace fans. 
DOE also gives notice of an Interim Waiver Order that requires ECR to 
test and rate the specified furnace fan basic models in accordance with 
the alternate test procedure set forth in the Interim Waiver Order. DOE 
solicits comments, data, and information concerning ECR's petition and 
its suggested alternate test procedure, as well as the alternate test 
procedure specified in the interim waiver granted by DOE, to inform 
DOE's final decision on ECR's waiver request.

DATES: The Interim Waiver Order is applicable August 18, 2020. Written 
comments and information are requested and will be accepted on or 
before September 17, 2020.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by case number ``2019-001'' 
and/or Docket number ``EERE-2019-BT-WAV-0004,'' by any of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Case No. 2019-
001 and/or Docket number EERE-2019-BT-WAV-0004 in the subject line of 
the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. 2019-001/Docket number EERE-2019-BT-WAV-0004, 1000 
Independence Avenue SW, Washington, DC 20585-0121. If possible, please 
submit all items on a compact disc (``CD''), in which case it is not 
necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th floor, 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.
    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://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 https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0004. The docket web page contains 
instruction on how to access all documents, including public comments, 
in the docket. See the SUPPLEMENTARY INFORMATION section for 
information on how to submit comments through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, 
Washington, DC 20585-0121.

[[Page 50809]]

Telephone: (202) 287-1604. Email: [email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585. 
Telephone: (202) 586-5827. Email: [email protected].

SUPPLEMENTARY INFORMATION: DOE is publishing ECR's petition for waiver 
in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv), absent any 
information for which ECR requested treatment as confidential business 
information. DOE invites all interested parties to submit in writing by 
September 17, 2020, comments and information on all aspects of the 
petition, including the suggested alternate test procedure and the 
alternate test procedure specified in the Interim Waiver Order. 
Pursuant to 10 CFR 430.27(d), any person submitting written comments to 
DOE must also send a copy of such comments to the petitioner. The 
contact information for the petitioner is Ronald J. Passafaro, 
[email protected], ECR International, Inc., 2201 Dwyer Avenue, 
Utica, NY 13501.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment 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. If this instruction is followed, 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 https://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 https://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 https://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 https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://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 in a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery, please provide all items on a CD, if feasible, in 
which case it is not necessary to submit printed copies. No 
telefacsimilies (faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English, and free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption, and, if possible, they should carry the electronic 
signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery 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.

Signing Authority

    This document of the Department of Energy was signed on July 17, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, 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 July 20, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case No. 2019-001

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of 
EPCA, Public Law 94-163 (42 U.S.C. 6291-6309, as codified), established 
the Energy Conservation Program for Consumer Products Other Than 
Automobiles and sets forth a variety of

[[Page 50810]]

provisions designed to improve energy efficiency for certain types of 
consumer products. These products include furnace fans, the subject of 
this Interim Waiver Order. (42 U.S.C. 6292(f)(4)(D))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing; (2) labeling; (3) Federal energy conservation 
standards; and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6291), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)); 
and (2) making representations about the efficiency of that product (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the product complies with relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that any test procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results which reflect the energy efficiency, energy use, or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and requires that 
test procedures not be unduly burdensome to conduct. (42 U.S.C. 
6293(b)(3)) The test procedure for furnace fans is contained in the 
Code of Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, 
appendix AA, ``Uniform Test Method for Measuring the Energy Consumption 
of Furnace Fans'' (``Appendix AA'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the product type 
in a manner representative of the energy consumption characteristics of 
the basic model. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver 
subject to conditions, including adherence to alternate test 
procedures. 10 CFR 430.27(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 430.27(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule to that effect. 
Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). 
When DOE amends the test procedure to address the issues presented in a 
waiver, the waiver will automatically terminate on the date on which 
use of that test procedure is required to demonstrate compliance. 10 
CFR 430.27(h)(2).

II. ECR International, Inc.'s Petition for Waiver and Interim Waiver

    On February 20, 2019, ECR filed a petition for waiver and interim 
waiver from the test procedure applicable to furnace fans set forth in 
Appendix AA.\3\
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    \3\ The specific basic models for which the petition applies are 
furnace fans basic models BCLB90S2, BCLB100S2, BCLB120S2, BCLB130S2, 
BCLB145S2, BFLB90-2, BFLB100-2, BFLB120-2, BFLB130NX2, BFLB145NX2, 
BMLB60B2, BMLB80B2, and BMLB90B2. The petition is available at 
https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0004.
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    In that filing, ECR asserts that the furnace fan models specified 
in its petition, which are belt-driven, single-speed, and designed for 
``heating-only'' applications, have design characteristics that prevent 
testing of the basic model according to the test procedure prescribed 
in Appendix AA. ECR claims these basic models are factory-equipped for 
operation at an external static pressure (``ESP'') of 0.20'' w.c. and 
cannot operate within the ESP range of 0.65''-0.70'' w.c. required in 
Appendix AA. ECR states that the higher ESP required for the test 
reduces airflow, which in turn increases the temperature rise to the 
high temperature limit, which results in the unit shutting off before 
the test can be completed. ECR provided laboratory test data during the 
course of follow-up communications on May 24, 2019, June 3, 2019, 
August 5, 2019, and November 11, 2019, showing that the basic models 
for which a waiver is requested shut off at various ESPs ranging from 
0.30''-0.60'' w.c., depending on the particular basic model, with the 
units shutting down at an average ESP of 0.47'' w.c.
    ECR further asserts that the test procedure does not sufficiently 
account for the lower ESPs encountered by heating-only systems that 
only have one airflow-control setting, as compared to combined heating/
cooling systems. ECR states that combined heating/cooling systems 
operate at higher ESP than heat-only systems due to the installation of 
an evaporator coil, and typically require different blower speeds for 
heating operation and cooling operation. ECR provided information on 
the operating conditions for two field installations of belt-driven, 
single-speed furnaces that are intended for heating-only operation, 
showing field ESP readings that are lower than the ESP required by 
Appendix AA.
    Based on the assertions in ECR's petition, DOE understands that 
absent an interim waiver, the furnace fan models for which ECR is 
seeking a waiver contain a design characteristic that prevents them 
from being tested due their inability to operate at the ESP requirement 
specified in the DOE test procedure at Appendix AA.

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of products covered by the statute. (42 U.S.C. 
6293(c)) Consistency is important when manufacturers make 
representations about the energy efficiency of their furnace fans, 
including when demonstrating compliance with applicable DOE energy 
conservation standards. Pursuant to its regulations applicable to 
waivers and interim waivers from applicable test procedures at 10 CFR 
430.27, and after consideration of public comments on the petition, DOE 
may establish in a subsequent Decision and Order an

[[Page 50811]]

alternate test procedure for the ECR basic models addressed by the 
interim waiver.
    ECR seeks to use an alternate test procedure to test and rate 
specific furnace fan basic models. Specifically, ECR requests that the 
specified models be tested under the current Appendix AA, with the 
following modifications: (1) In section 8.6.1, the ESP requirement is 
instead the factory-equipped ESP, increased by 0.08'' w.c. to 
accommodate the fact that furnaces are tested for Fan Energy Rating 
(``FER'') without the air filter under Appendix AA; (2) sections 8.6.2, 
Constant circulation airflow-control setting measurements, and 8.6.3, 
Heating airflow-control setting measurements are not required; and (3) 
calculations in section 10.1, Fan Energy Rating (FER), are modified to 
account for the absence of a separate constant circulation airflow-
control setting and heating airflow-control setting.

IV. Interim Waiver Order

    DOE has reviewed ECR's application for an interim waiver, the 
alternate test procedure requested by ECR, and the related data that 
ECR provided in support of its petition. DOE also reviewed data and 
analyses collected and conducted in support of the final rule 
establishing the furnace fan test procedure. Specifically, DOE reviewed 
the May 15, 2012 notice of proposed rulemaking (``NOPR'') (77 FR 
28674), the April 2, 2013 supplemental notice of proposed rulemaking 
(``SNOPR'') (78 FR 19606), and the January 3, 2014 final rule (79 FR 
500). In establishing the current test procedure for furnace fans, DOE 
examined field ESP data from numerous studies and found that typical 
field ESP often exceeds the ESP for which furnace fans are designed and 
factory-equipped. 79 FR 500, 506 (Jan. 3, 2014). In the NOPR, based on 
review of available studies looking at field operating conditions, DOE 
initially determined that for ``heating-only'' furnaces, an ESP of 
0.50'' w.c. would provide test results representative of an average use 
cycle. 77 FR 28674, 28686 (May 15, 2012). This is consistent with the 
range of ESP conditions under which the specified furnace fans are 
capable of operating (i.e., 0.2''-0.6'' w.c.). Although DOE proposed 
these testing requirements for ``heating-only'' furnace fans, DOE 
ultimately did not adopt separate conditions. As explained in the 
SNOPR, DOE was unable to identify ``heating-only'' models on the market 
at that time and removed that designation at the suggestion of 
stakeholders. 78 FR 19606, 19608 (April 2, 2013). Further, DOE was 
unaware of the issues encountered by the specified furnace fans in the 
ECR petition (and as subsequently demonstrated through submission of 
test data).
    Based on DOE's prior analyses of ``heating-only'' furnace fans and 
the data submitted by ECR, DOE is now requiring that the basic models 
specified in the Interim Waiver Order be initially tested at 0.50''-
0.55'' w.c., rather than the 0.28'' w.c. suggested by ECR (which is the 
factory-equipped ESP of 0.20'' w.c. for the basic models for which a 
waiver has been requested, increased by 0.08'' w.c. to account for the 
use of an air filter in the field). However, given the difficulty that 
a number of the specified ECR basic models may have in operating at the 
ESP level, the alternate test procedure further specifies that if the 
unit under test shuts down prior to completion of the test, the ESP 
range is incrementally reduced by 0.05'' w.c., and the test is to be 
re-run. This process is repeated until a range is reached at which the 
test can be conducted to its conclusion, with a minimum allowable ESP 
range of 0.30-0.35'' w.c., which corresponds to the lowest ESP at which 
shut-off occurred in the ECR data.
    The rationale for using an ESP range of 0.50''-0.55'' w.c., or the 
highest ESP that the model is capable of operating at during testing, 
rather than that suggested by ECR, is that the field data previously 
analyzed by DOE shows that 0.50'' w.c. is representative of field 
conditions for heating-only furnaces. The ESP value specified in the 
Interim Waiver Order is lower than that required by the furnace fans 
test procedure at section 8.6.1.2 of Appendix AA (i.e., 0.65''-0.70''). 
The reduced ESP specified in the Interim Waiver Order addresses the 
lack of an evaporator coil in the airflow path for heating-only 
systems, which would reduce the ESP in the system. Thus, the 0.50'' ESP 
represents the resistance imposed by ductwork alone (i.e., without an 
additional evaporator coil). While ECR suggests that a 0.28'' w.c. ESP 
is representative for heating-only furnaces, DOE does not have reason 
to believe the ductwork in these systems would be significantly 
different than that found in DOE's previous study of field data. 
Because the goal of the test procedure is to produce test results that 
measure energy efficiency during a representative average use cycle, 
and because the test ESP can significantly affect the result, DOE 
tentatively concludes that testing at an ESP of 0.50'' w.c. (or as 
close as possible) is more appropriate than the 0.28'' w.c. suggested 
by ECR, which based on DOE's review of field data, would not be 
representative of an average use cycle. Furthermore, testing at an ESP 
of 0.50'' w.c. would not add any additional testing as compared to the 
current test procedure. If it is necessary to incrementally reduce the 
ESP, the procedure to do so is straightforward involving symmetrically 
restricting the outlet of the test duct (which may be done using 
cardboard), and can be done relatively quickly (compared to the overall 
test duration). Therefore, the test procedure as required by the 
Interim Waiver Order is not overly burdensome. As a result, DOE has 
initially determined that the alternate test procedure provides test 
conditions that are representative of the subject furnace fans' energy 
use during an average use cycle while ensuring that they can be tested.
    The alternate test procedure does not waive the requirements of 
section 8.6.3 of Appendix AA because, as DOE discussed in the furnace 
fans test procedure final rule published on January 3, 2014, that 
section is not applicable to the basic models specified in the Interim 
Waiver Order (i.e., models with only one airflow control setting). 79 
FR 500, 514. In the furnace fans test procedure final rule, DOE stated 
that for single-stage units, EMax, which is calculated in 
section 8.6.3 of Appendix AA, and EHeat, which is calculated 
in section 8.6.1.2, are equivalent because the maximum airflow-control 
setting and the heating airflow-control setting in which measurements 
are specified to be made are the same, and consequently, the same value 
is used for both variables in the FER equation. Id. As such, there is 
no need to separately perform that calculation in section 8.6.3 of 
Appendix AA. In addition, section 10.1 of Appendix AA states that for 
furnace fans for which the maximum airflow-control setting is a default 
heating airflow-control setting, QHeat (the airflow in the 
heating airflow control setting) is equal to QMax (the 
airflow in the maximum airflow control setting). Based on the 
discussion in the furnace fans test procedure final rule and 
calculations in section 10.1, it is sufficiently clear that the test in 
section 8.6.3 of Appendix AA would not need to be performed, and, 
therefore, a waiver is not required regarding sections 8.6.3 or 10.1 of 
Appendix AA.
    Regarding the testing in section 8.6.2 of Appendix AA, DOE notes 
that the testing required under that section is different than that 
required under section 8.6.1.2 (and section 8.6.3) of Appendix AA, in 
that the burner would be firing only in testing performed under the 
latter. Because the burner must be firing during the section 8.6.1.2 
testing and must be off during the section 8.6.2 testing, it is 
possible that

[[Page 50812]]

the resulting measurements would be different. As a result, section 
8.6.2 of Appendix AA is required to be conducted, and results of the 
testing must be used in the calculation of FER.
    Based on DOE's review and the preceding discussion, the alternate 
test procedure as specified in the Interim Waiver Order appears to 
allow for the accurate measurement of the energy consumption of the 
specified basic models, while alleviating the testing problems 
associated with ECR's testing of these basic models. Consequently, DOE 
has determined that ECR's petition for waiver likely will be granted in 
part. Furthermore, DOE has determined that it is desirable for public 
policy reasons to grant ECR immediate relief pending a determination of 
the petition for waiver.
    For the reasons stated, it is ORDERED that:
    (1) ECR must test and rate the following furnace fan basic models 
with the alternate test procedure set forth in paragraph (2):

------------------------------------------------------------------------
               Brand name                         Basic model No.
------------------------------------------------------------------------
Airco...................................  BCLB90S2
Airco...................................  BCLB100S2
Airco...................................  BCLB120S2
Airco...................................  BCLB130S2
Airco...................................  BCLB145S2
Airco...................................  BFLB90-2
Airco...................................  BFLB100-2
Airco...................................  BFLB120-2
Airco...................................  BFLB130NX2
Airco...................................  BFLB145NX2
Airco...................................  BMLB60B2
Airco...................................  BMLB80B2
Airco...................................  BMLB90B2
Olsen...................................  BCLB90S2
Olsen...................................  BCLB100S2
Olsen...................................  BCLB120S2
Olsen...................................  BCLB130S2
Olsen...................................  BCLB145S2
Olsen...................................  BFLB90-2
Olsen...................................  BFLB100-2
Olsen...................................  BFLB120-2
Olsen...................................  BFLB130NX2
Olsen...................................  BFLB145NX2
Olsen...................................  BMLB60B2
Olsen...................................  BMLB80B2
Olsen...................................  BMLB90B2
------------------------------------------------------------------------

    (2) The alternate test procedure for the ECR basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for furnace fans prescribed by DOE at 10 CFR part 430, 
subpart B, appendix AA (``Appendix AA''), except that the external 
static pressure (``ESP'') is adjusted in section 8.6.1.2 of Appendix AA 
as described below. All other requirements of Appendix AA and DOE's 
relevant regulations remain applicable. The change to section 8.6.1.2 
reads as follows:
    8.6.1.2. Furnace fans for which the maximum airflow-control setting 
is a default heating airflow-control setting. Adjust the main burner or 
electric heating element controls to the default heat setting 
designated for the maximum airflow-control setting. Burner adjustments 
shall be made as specified by section 8.4.1 of ASHRAE 103-2007 
(incorporated by reference, see Sec.  430.3). Adjust the furnace fan 
controls to the maximum airflow-control setting. Adjust the external 
static pressure to within the range of 0.50''-0.55'' w.c. by 
symmetrically restricting the outlet of the test duct. Maintain these 
settings until steady-state conditions are attained as specified in 
sections 8.3, 8.4, and 8.5 of this appendix and the temperature rise 
([Delta]TMax) is at least 18 [deg]F. If at the external 
static pressure range of 0.50''-0.55'' w.c. the unit-under-test 
automatically shuts off before the conclusion of a valid test, reduce 
external static pressure by an increment of 0.05'' w.c. (i.e., to a 
range of 0.45''-0.50'' w.c) by symmetrically restricting the outlet of 
the test duct and re-run the test. If at the reduced external static 
pressure range the unit-under-test automatically shuts off before the 
conclusion of a valid test, repeat the incremental reduction of the ESP 
range by 0.5'' w.c. until an ESP range is achieved at which a valid 
test is completed. The minimum allowable external static pressure range 
is 0.30''-0.35'' w.c. Once the external static pressure is set, do not 
adjust the test duct for the remainder of the test. Measure furnace fan 
electrical input power (EMax), fuel or electric resistance 
heat kit input energy (QIN, Max), external static pressure 
(ESPMax), steady-state efficiency for this setting 
(EffySS, Max) as specified in sections 11.2 and 11.3 of 
ASHRAE 103-2007, outlet air temperature (TMax,Out), and 
temperature rise ([Delta]TMax).
    (3) Representations. ECR may not make representations about the 
energy consumption of the basic models referenced in paragraph (1) for 
compliance, marketing, or other purposes unless the basic models have 
been tested in accordance with the provisions in the alternate test 
procedure set forth above and such representations fairly disclose the 
results of such testing.
    (4) This Interim Waiver Order shall remain in effect according to 
the provisions of 10 CFR 430.27.
    (5) This Interim Waiver Order is issued on the condition that the 
statements, representations, and information provided by ECR are valid, 
and on the condition that ECR makes no representation on any public-
facing materials, including websites, marketing materials, product spec 
sheets, labels, nameplates, etc., that these basic models are designed 
to be installed in systems that provide both heating and cooling. If 
ECR makes any modifications to the controls or configurations of a 
basic model subject to this Interim Waiver Order, such modifications 
will render the waiver invalid with respect to that basic model, and 
the current Federal test procedure will apply. In such an instance, 
however, ECR may submit a new application for a test procedure waiver. 
DOE may rescind or modify this waiver at any time if it determines the 
factual basis underlying the petition for waiver is incorrect, or the 
results from the alternate test procedure are unrepresentative of the 
basic models' true energy consumption characteristics. 10 CFR 
430.27(k)(1). Likewise, ECR may request that DOE rescind or modify the 
interim waiver if ECR discovers an error in the information provided to 
DOE as part of its petition, determines that the interim waiver is no 
longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Issuance of this Interim Waiver Order does not release ECR from 
the various requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. ECR may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of furnace fans. 
Alternatively, if appropriate, ECR may request that DOE extend the 
scope of a waiver or an interim waiver to include additional basic 
models employing the same technology as the basic model(s) set forth in 
the original petition consistent with 10 CFR 430.27(g).

    Signed in Washington, DC, on July 17, 2020.

Alexander N. Fitzsimmons,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
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[FR Doc. 2020-15985 Filed 8-17-20; 8:45 am]
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