[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Notices]
[Pages 13530-13535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04866]


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DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to ECR International, Inc. From the Department of Energy Furnace Fan 
Test Procedure

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

ACTION: Notification of decision and order.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case Number 2019-001) that grants to ECR 
International, Inc. (``ECR'') a waiver from specified portions of the 
DOE test procedure for determining the energy consumption of specified 
furnace fans basic models, which are belt-driven, single-speed, and 
designed for use in ``heat-only'' applications. Under the Decision and 
Order, ECR is required to test and rate the specified basic models of 
its furnace fans in accordance with the alternate test procedure set 
forth in the Decision and Order.

DATES: The Decision and Order is effective on March 9, 2021. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for furnace fans located at 
title 10 of the Code of Federal Regulations (``CFR''), part 430, 
subpart B, appendix AA that addresses the issues presented in this 
waiver. At such time, ECR must use the relevant test procedure for 
these products for any testing to demonstrate compliance with the 
applicable standards, and any other representations of energy use.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1604. Email: [email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, Forrestal Building, 1000 Independence Avenue SW, 
Washington, DC 20585. Telephone: (202) 586-5827. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with section 430.27(f)(2) of 
Title 10 of the Code of Federal Regulations (10 CFR 430.27(f)(2)), DOE 
hereby provides notice of the issuance of its Decision and Order, as 
set forth below. More specifically, the Decision and Order grants ECR a 
waiver from the applicable test procedure at 10 CFR part 430, subpart 
B, appendix AA for specified basic models of furnace fans, and it 
provides that ECR must test and

[[Page 13531]]

rate such products using the alternate test procedure set forth in the 
Decision and Order. ECR's representations concerning the energy 
consumption of the specified furnace fan basic models must be based on 
testing according to the provisions and restrictions in the alternate 
test procedure set forth in the Decision and Order, and any such 
representations must fairly disclose these test results. Further, the 
manufacturer materials (e.g., catalogs, brochures, and installation and 
operation manuals) for the specified furnace fan basic models must make 
no representation that the basic models are designed to be installed in 
systems with an air conditioner. Distributors, retailers, and private 
labelers are held to the same requirements when making representations 
regarding the energy consumption of these products. (42 U.S.C. 6293(c))
    Consistent with 10 CFR 430.27(j), not later than May 10, 2021, any 
manufacturer currently distributing in commerce in the United States 
products employing a technology or characteristic that results in the 
same need for a waiver from the applicable test procedure must submit a 
petition for waiver. Manufacturers not currently distributing such 
products in commerce in the United States must petition for and be 
granted a waiver prior to the distribution in commerce of those 
products in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 430.27. 10 
CFR 430.27(j).

Case #2019-001

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of 
EPCA, Public Law 94-163 (42 U.S.C. 6291-6309, as codified), established 
the Energy Conservation Program for Consumer Products Other Than 
Automobiles and sets forth a variety of provisions designed to improve 
energy efficiency for certain types of consumer products. These 
products include furnace fans, the focus of this document. (42 U.S.C. 
6295(f)(4)(D))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6291), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of that product (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the product complies with relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that any test procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results which reflect energy efficiency, energy use or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and requires that test procedures 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test 
procedure for furnace fans is contained the Code of Federal Regulations 
(``CFR'') at 10 CFR part 430, subpart B, appendix AA, Uniform Test 
Method for Measuring the Energy Consumption of Furnace Fans (``Appendix 
AA'').
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 430.27(a)(1). DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 430.27(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule to that effect. 
Id. When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
10 CFR 430.27(h)(3).

II. ECR's Petition for Waiver: Assertions and Determinations

    By letter dated February 20, 2019, ECR filed a petition for waiver 
and a petition for interim waiver from the DOE test procedure 
applicable to furnace fans set forth in Appendix AA. In its petition, 
ECR asserted that the furnace fan basic models specified in its 
petition,\3\ which are belt-driven, single-speed, and designed for 
``heating-only'' applications, have design characteristics that prevent 
testing of the basic model according to the test procedure prescribed 
in Appendix AA. ECR claimed these basic models are factory-equipped for 
operation at an external static pressure (``ESP'') of 0.20'' w.c. and 
cannot operate within the ESP range of 0.65''-0.70'' w.c. required in 
Appendix AA. ECR stated that the higher ESP required for the test 
reduces airflow, which in turn increases the temperature rise to the 
high temperature limit, resulting in the unit shutting off before the 
test can be completed. ECR provided laboratory test data during the 
course of follow-up communications on May 24, 2019, June 3, 2019, 
August 5, 2019, and November 11, 2019, showing that the basic models 
for which a waiver is requested shut off at various ESPs ranging from 
0.30''-0.60'' w.c., depending on the particular basic model, with the 
units shutting down at an average ESP of 0.47'' w.c.
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    \3\ The specific basic models for which the petition applies are 
the Airco and Olsen branded furnace fans basic models BCLB90S2, 
BCLB100S2, BCLB120S2, BCLB130S2, BCLB145S2, BFLB90-2, BFLB100-2, 
BFLB120-2, BFLB130NX2, BFLB145NX2, BMLB60B2, BMLB80B2, and BMLB90B2. 
The petition is available at: https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0004.
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    ECR further asserted that the test procedure is not representative 
of the lower ESPs encountered by heating-only systems that only have 
one airflow-control setting, as compared to combined heating/cooling 
systems. ECR stated that combined heating/cooling

[[Page 13532]]

systems operate at higher ESP than heat-only systems due to the 
installation of an evaporator coil as part of an air conditioning 
system, and typically require different blower speeds for heating 
operation and cooling operation. ECR provided information on the 
operating conditions for two field installations of belt-driven, 
single-speed furnaces that are intended for heating-only operation, 
showing field ESP readings that are lower than the ESP required by 
Appendix AA.
    ECR requested that the specified models be tested under the current 
Appendix AA, with the following modifications: (1) In section 8.6.1, 
the ESP requirement is instead the factory-equipped ESP, increased by 
0.08'' w.c. to accommodate the fact that furnaces are tested for Fan 
Energy Rating (``FER'') without the air filter under Appendix AA; (2) 
sections 8.6.2, Constant circulation airflow-control setting 
measurements, and 8.6.3, Heating airflow-control setting measurements 
are not required; and (3) calculations in section 10.1, Fan Energy 
Rating (FER), are modified to account for the absence of a separate 
constant circulation airflow-control setting and heating airflow-
control setting.
    On August 18, 2020, DOE published in the Federal Register a notice 
that announced its receipt of the petition for waiver, granted ECR an 
interim waiver, and requested public comments. 85 FR 50808 (``Notice of 
Petition for Waiver''). In the Notice of Petition for Waiver, DOE 
reviewed ECR's description of the issue and suggested alternative test 
method, as well as test data submitted by ECR. DOE also reviewed data 
and analyses collected and conducted in support of the final rule 
establishing the furnace fan test procedure. Field data previously 
analyzed by DOE for a notice of proposed rulemaking published in the 
Federal Register on May 15, 2012 indicated that 0.50'' w.c. is 
representative of field conditions for heating-only furnaces. 77 FR 
28674, 28686 (May 15, 2012). Based on this review, DOE's Notice of 
Petition for Waiver modified the suggested alternate test procedure in 
ECR's petition for waiver to require that the basic models specified in 
the petition be initially tested at 0.50''-0.55'' w.c., rather than the 
0.28'' w.c. suggested by ECR (which is the factory-equipped ESP of 
0.20'' w.c. for the basic models for which a waiver has been requested, 
increased by 0.08'' w.c. to account for the use of an air filter in the 
field). 85 FR 50808, 50811 (August 18, 2020). However, given the 
difficulty that a number of the specified ECR basic models may have in 
operating at an ESP of 0.50'' -0.55'' w.c., the alternate test 
procedure further specifies that if the unit under test shuts down 
prior to completion of the test, the ESP range is incrementally reduced 
by 0.05'' w.c., and the test is to be re-run. Id. This process is 
repeated until a range is reached at which the test can be conducted to 
its conclusion, with a minimum allowable ESP range of 0.30''-0.35'' 
w.c., which corresponds to the lowest ESP at which shut-off occurred in 
the ECR data. Id.
    As DOE explained in the Notice of Petition for Waiver, the 
alternate test procedure for the interim waiver did not waive the 
requirements of section 8.6.3 of Appendix AA as requested by ECR 
because, as DOE discussed in the furnace fans test procedure final rule 
published on January 3, 2014 (``January 2014 Final Rule'' ), that 
section is not applicable to the basic models specified in the Interim 
Waiver Order (i.e., models with only one airflow control setting). Id., 
see also 79 FR 500, 514 (Jan. 3, 2014). In the January 2014 Final Rule, 
DOE stated that for single-stage units, EMax, which is 
calculated in section 8.6.3 of Appendix AA, and EHeat, which 
is calculated in section 8.6.1.2, are equivalent because the maximum 
airflow-control setting and the heating airflow-control setting in 
which measurements are specified to be made are the same, and 
consequently, the same value is used for both variables in the FER 
equation. 79 FR 500, 514 (Jan. 3, 2014). As such, there is no need to 
separately perform that calculation in section 8.6.3 of Appendix AA. In 
addition, section 10.1 of Appendix AA states that for furnace fans for 
which the maximum airflow-control setting is a default heating airflow-
control setting, QHeat (the airflow in the heating airflow-
control setting) is equal to QMax (the airflow in the 
maximum airflow-control setting). Based on the discussion in the 
January 2014 Final Rule and calculations in section 10.1, the test in 
section 8.6.3 of Appendix AA would not need to be performed, and, 
therefore, DOE found that a waiver was not required regarding sections 
8.6.3 or 10.1 of Appendix AA. 85 FR 50808, 50811 (August 18, 2020).
    Regarding the testing in section 8.6.2 of Appendix AA, DOE noted 
that the testing required under that section is different than that 
required under section 8.6.1.2 (and section 8.6.3) of Appendix AA, in 
that the burner would be firing only in testing performed under the 
latter section. Because the burner must be firing during the section 
8.6.1.2 testing and must be off during the section 8.6.2 testing, it is 
possible that the resulting measurements would be different. As a 
result, in the Interim Waiver Order, DOE modified the suggested 
alternate test procedure to require that section 8.6.2 of Appendix AA 
be conducted, and results of the testing must be used in the 
calculation of FER. 85 FR 50808, 50811-50812 (August 18, 2020).
    In the Notice of Petition for Waiver, DOE also solicited comments 
from interested parties on all aspects of the petition and the 
specified alternate test procedure. 85 FR 50808, 50808 (August 18, 
2020). DOE received one comment in response to the Notice of Petition 
for Waiver, which was from the California Investor-Owned Utilities 
(``CA IOUs'' ).\4\ The CA IOUs raised a series of concerns with the 
Interim Waiver Order and the specified alternate test procedure, 
specifically the CA IOUs stated: (1) The Interim Waiver Order results 
in an unfair competitive advantage for ECR by allowing it to sell 
lower-cost furnaces as compared to other competitors; (2) the alternate 
test procedure is inconsistent with the requirements of 10 CFR 
430.27(a) in that it effectively creates a new efficiency metric; and 
(3) based on manufacturer materials, its seems that most of the subject 
furnace fan basic models are intended for use with an air conditioner. 
(CA IOUs, No. 5 at pp. 1-6)
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    \4\ The CA IOU's comment can be accessed at: https://www.regulations.gov/document?D=EERE-2019-BT-WAV-0004-0005.
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    In support of its assertion that the alternate test procedure would 
provide ECR an unfair competitive advantage, the CA IOUs referenced the 
rulemaking for the January 2014 Final Rule in which DOE did not 
establish a heating-only installation type for furnaces. (CA IOUs, No. 
5 at p. 2). As explained in the April 2, 2013 supplemental notice of 
proposed rulemaking (SNOPR) for the furnace fans test procedure 
rulemaking, an industry stakeholder commented that it was not aware of 
any product on the market that would be categorized as a heating-only 
product, adding that this installation type could provide manufacturers 
with a means of gaming the test procedure by modifying its furnaces to 
eliminate factory-installed cooling capabilities, which would allow 
such furnaces to be tested at the lower ESP specified for heating-only 
units. 78 FR 19606, 19619 (April 2, 2013). Unaware of any products on 
the market that were heating-only and within the scope of the 
rulemaking, DOE agreed that heating-only installation types should be 
eliminated from consideration. Id. However, DOE would clarify that 
nothing in EPCA prohibits the manufacture of a furnace fan designed for 
heating-only installations.

[[Page 13533]]

    In its petition for waiver, ECR asserted that it manufactures 
furnace fan basic models for use in heating-only applications. DOE has 
further found that the subject basic models contain design 
characteristics which prevent testing of these basic models according 
to the prescribed test procedure at Appendix AA. Absent a waiver, ECR 
would be unable to test the specified furnace fans, and as a result, it 
would be unable to distribute these basic models in commerce. DOE notes 
if another manufacturer is distributing a product employing a 
technology or characteristic that results in the same need for a 
waiver, that manufacturer is directed to submit a petition for waiver 
to DOE. 10 CFR 430.27(j). Upon receiving a petition for waiver from any 
manufacturer that manufactures furnace fans designed for heating-only 
applications, DOE would evaluate whether such product should be 
required to test according to the same alternate test procedure as 
prescribed for the ECR furnace fans. All manufacturers have the same 
opportunity to apply for a similar waiver to test heating-only fans 
that are unable to complete the prescribed test procedure at Appendix 
AA.
    As noted, the CA IOUs further argued that by prescribing an ESP for 
testing the specified basic models that is lower than the ESP required 
in Appendix AA, DOE is functionally establishing a different metric 
contrary to 10 CFR 430.27(a). DOE does not agree with the CA IOUs' 
assertion for the reasons that follow. Section 430.27(a) provides, in 
relevant part, that in granting a waiver or interim waiver, DOE will 
not change the energy use or efficiency metric that the manufacturer 
must use to certify compliance with the applicable energy conservation 
standard and to make representations about the energy use or efficiency 
of the covered product. 10 CFR 430.27(a). In support of its assertion, 
the CA IOUs referenced DOE's statement regarding variable-speed furnace 
fans in the January 2014 Final Rule that it was establishing a test 
procedure that specifies one reference system curve (i.e., the curve 
characterized by an ESP value representing national average operating 
conditions of a residential duct system for a furnace fan operating in 
the maximum airflow-control setting) for each installation type because 
DOE cannot set standards based on multiple metrics. (CA IOUs, No. 5 at 
p. 2, referencing 79 FR 500, 507 (Jan. 3, 2014)). However, the 
discussion that the CA IOUs reference was in response to comments 
encouraging DOE to establish a multiple-reference system test procedure 
and standards. 79 FR 500, 507 (Jan. 3, 2014). As prescribed by Appendix 
AA and the Interim Waiver Order, testing is conducted based on a single 
reference system curve, with the reference curve representative of the 
installation environment. Both Appendix AA and the Interim Waiver Order 
produce measured results using the FER metric. The FER test procedure 
in the alternate test procedure is identical to that specified for 
furnace fans in appendix AA, except for the ESP setting.
    The CA IOUs recommended that because FER decreases as a function of 
ESP (specifically a lower ESP test condition, as was specified in the 
interim waiver, will result in a lower (i.e., better) FER rating), DOE 
should specify an adjustment factor to provide for comparative results. 
Specifically, the CA IOUs suggested multiplying the tested FER rating 
by the ratio of the ESP required in Appendix AA to the ESP achieved 
during the test. (CA IOUs, No. 5, pp. 7-8) As stated in the January 
2014 Final Rule, the ESP value specified in Appendix AA is based on 
field ESP data collected in cooling airflow-control settings and is 
representative of field ESP in maximum airflow-control settings. 78 FR 
500, 507 (Jan. 3, 2014). However, as discussed previously in this 
notice, the ESP required in Appendix AA is not representative of field 
ESP in heat-only installations because heat-only installations will not 
typically include an evaporator coil in the air stream. Further, ECR 
has demonstrated through test data that these models cannot even 
operate at the ESP condition in the furnace fan test procedure. A 
modified rating using an adjustment factor, such as the one suggested 
by the CA IOUs, would attempt to represent the furnace fan efficiency 
at the ESP condition in the Appendix AA test procedure, which, as 
previously discussed, has been demonstrated to be a condition that 
these furnace fans cannot and would not operate at in the field.
    Additionally, the CA IOUs did not provide information regarding the 
theoretical rationale for their proposed adjustment or whether the 
accuracy of their proposed adjustment has been validated. Further, DOE 
is not aware of any conversion equation that has been validated to 
accurately predict the change in FER as ESP varies at a given fan 
setting, and also notes that validating an equation for extrapolating 
to FER at an ESP that is higher than that at which the unit can operate 
may be difficult or even not possible (as the unit cannot operate at 
that point). As a result of these considerations regarding the accuracy 
and representativeness of an adjustment factor, DOE has not added an 
adjustment factor to the test procedure in this waiver.
    The CA IOUs also commented that ECR's manufacturer materials (e.g., 
websites, marketing materials, product spec sheets, labels, nameplates) 
include cooling capacity specifications for installation of the basic 
models subject to the Interim Waiver Order, which would indicate that 
these basic models are intended to be installed in units that provide 
both heating and cooling. (CA IOUs, No. 5 at pp. 4-6). The CA IOUs also 
stated that because the furnace fans in question have the same nominal 
horsepower and higher full-load amperage as direct drive fans that are 
designed for use in systems with air conditioning, the furnace fans 
must be designed to move the same amount of air at the same pressure. 
(CA IOUs, No. 5, pp. 5-6)
    In response, DOE again notes that ECR has provided test data 
showing that the furnace fans covered by the waiver request were unable 
to complete testing at the static pressures in the test procedure 
currently at Appendix AA. DOE is also requiring as a condition of the 
waiver that ECR not make any representations in any public-facing 
materials that these basic models are designed to be installed in 
systems that provide both heating and cooling. This condition was also 
included in the Interim Waiver Order, and ECR has since updated their 
literature to comply with this requirement. DOE has added recent copies 
of the material on Airco and Olsen's websites to this docket (EERE-
2019-BT-WAV-0004).
    The CA IOUs also questioned ECR's assertion that absent a waiver, 
ECR would be at a competitive disadvantage. (CA IOUs, No. 5. at pp 3-4) 
The issue of competitive disadvantage and economic hardship relate to 
evaluation of a petition for an interim waiver. DOE will grant an 
interim waiver from the test procedure requirements if it appears 
likely that the petition for waiver will be granted and/or if DOE 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(e)(2). Based on DOE's review presented in the 
Notice of Petition for Waiver, DOE determined that ECR's petition for 
waiver likely would be granted in part, and, therefore, granted the 
interim waiver. 85 FR 50808, 50812 (August 18, 2020). ECR asserted that 
substantial economic harm and competitive disadvantage would result 
absent a favorable determination and that the basic models at issue 
fulfill a unique need in the market for homes

[[Page 13534]]

that require heating-only solutions. Based on the totality of ECR's 
petition, DOE also determined that it was desirable for public policy 
reasons to grant ECR immediate relief pending a determination of the 
petition for waiver. Id.
    The CA IOUs urged DOE to initiate a rulemaking to engage 
stakeholders in an update of the test procedure at Appendix AA to 
address the heating-only installation type, if DOE finds that such 
products do exist, to ensure that all manufacturers are able to test 
and certify their products without the need to apply for a waiver 
request. (CA IOUs, No. 5, p. 9) DOE notes that under 10 CFR 430.27(l), 
as soon as practicable after the granting of any waiver, it will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such a waiver. As soon thereafter as practicable, DOE will publish 
in the Federal Register a final rule to that effect. 10 CFR 430.27(l).
    For the reasons explained in this document and in the Notice of 
Petition for Waiver, absent a waiver, the basic models identified by 
ECR in its petition cannot be tested and rated for energy consumption 
on a basis representative of their true energy consumption 
characteristics. DOE has reviewed the alternate procedure specified in 
the interim waiver and concludes that it will allow for the accurate 
measurement of the energy use of the furnace fans, while alleviating 
the testing problems associated with ECR's implementation of DOE's 
applicable furnace fan test procedure for the specified basic models.
    Thus, DOE is requiring that ECR test and rate the specified furnace 
fan basic models according to the alternate test procedure set forth in 
this Decision and Order, which is identical to the procedure provided 
in the interim waiver. Additionally, the Decision and Order is 
conditioned on all manufacturer materials (including brochures, 
catalogs, installation and operation manuals, etc.) for the basic 
models specified in the Order making no representation that these 
models are designed to be installed in systems with air conditioners.
    This Decision and Order is applicable only to the basic models 
listed and does not extend to any other basic models. DOE evaluates and 
grants waivers for only those basic models specifically set out in the 
petition, not future models that may be manufactured by the petitioner. 
ECR may request that DOE extend the scope of this waiver to include 
additional basic models that employ the same technology as those listed 
in this waiver. 10 CFR 430.27(g). ECR may also submit another petition 
for waiver from the test procedure for additional basic models that 
employ a different technology and meet the criteria for test procedure 
waivers. 10 CFR 430.27(a)(1).
    DOE notes that it may modify or rescind the waiver at any time upon 
DOE's determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, ECR 
may request that DOE rescind or modify the waiver if the company 
discovers an error in the information provided to DOE as part of its 
petition, determines that the waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2).
    As set forth above, the test procedure specified in this Decision 
and Order is the same as the test procedure proposed in the Interim 
Waiver. However, DOE has added conditions regarding the manufacturer 
materials associated with the covered models to make clear to consumers 
and installers that the models in question are not intended for use in 
systems with air conditioners.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission staff concerning the ECR petition for waiver.

IV. Order

    After careful consideration of all the materials that were 
submitted by ECR, the various public-facing materials (e.g., marketing 
materials, product specification sheets, and installation manuals) for 
the basic models identified in the petition, and comment received, in 
this matter, it is hereby Ordered that:
    (1) ECR must, as of the date of publication of this Decision and 
Order in the Federal Register test and rate the following Airco and 
Olsen branded furnace fan basic models with the alternate test 
procedure as set forth in paragraph (2):

------------------------------------------------------------------------
                  Brand                             Basic model
------------------------------------------------------------------------
Airco...................................  BCLB90S2
Airco...................................  BCLB100S2
Airco...................................  BCLB120S2
Airco...................................  BCLB130S2
Airco...................................  BCLB145S2
Airco...................................  BFLB90-2
Airco...................................  BFLB100-2
Airco...................................  BFLB120-2
Airco...................................  BFLB130NX2
Airco...................................  BFLB145NX2
Airco...................................  BMLB60B2
Airco...................................  BMLB80B2
Airco...................................  BMLB90B2
Olsen...................................  BCLB90S2
Olsen...................................  BCLB100S2
Olsen...................................  BCLB120S2
Olsen...................................  BCLB130S2
Olsen...................................  BCLB145S2
Olsen...................................  BFLB90-2
Olsen...................................  BFLB100-2
Olsen...................................  BFLB120-2
Olsen...................................  BFLB130NX2
Olsen...................................  BFLB145NX2
Olsen...................................  BMLB60B2
Olsen...................................  BMLB80B2
Olsen...................................  BMLB90B2
------------------------------------------------------------------------

    (2) The alternate test procedure for the ECR's basic models listed 
in paragraph (1) of this Order is the test procedure for furnace fans 
prescribed by DOE at 10 CFR part 430, subpart B, appendix AA 
(``Appendix AA''), except that the external static pressure (``ESP'') 
is adjusted in section 8.6.1.2 of Appendix AA as described below. All 
other requirements of Appendix AA and DOE's relevant regulations remain 
applicable. The change to section 8.6.1.2 reads as follows:
    8.6.1.2. Furnace fans for which the maximum airflow-control setting 
is a default heating airflow-control setting. Adjust the main burner or 
electric heating element controls to the default heat setting 
designated for the maximum airflow-control setting. Burner adjustments 
shall be made as specified by section 8.4.1 of ASHRAE 103-2007 
(incorporated by reference, see Sec.  430.3). Adjust the furnace fan 
controls to the maximum airflow-control setting. Adjust the external 
static pressure to within the range of 0.50''-0.55'' w.c. by 
symmetrically restricting the outlet of the test duct. Maintain these 
settings until steady-state conditions are attained as specified in 
sections 8.3, 8.4, and 8.5 of this appendix and the temperature rise 
([Delta]TMax) is at least 18 [deg]F. If at the external 
static pressure range of 0.50'' -0.55'' w.c. the unit under test 
automatically shuts off before the conclusion of a valid test, reduce 
external static pressure by an increment of 0.05'' w.c. (i.e., to a 
range of 0.45'' -0.50'' w.c) by symmetrically restricting the outlet of 
the test duct and re-run the test. If at the reduced external static 
pressure range the unit under test automatically shuts off before the 
conclusion of a valid test, repeat the incremental reduction of the ESP 
range by 0.5'' w.c. until an ESP range is achieved at which a valid 
test is completed. The minimum allowable external static pressure range 
is 0.30''

[[Page 13535]]

-0.35'' w.c. Once the external static pressure is set, do not adjust 
the test duct for the remainder of the test. Measure furnace fan 
electrical input power (EMax), fuel or electric resistance 
heat kit input energy (QIN, Max), external static pressure 
(ESPMax), steady-state efficiency for this setting 
(EffySS, Max) as specified in sections 11.2 and 11.3 of 
ASHRAE 103-2007, outlet air temperature (TMax,Out), and 
temperature rise ([Delta]TMax).
    (3) Representations. ECR may not make representations about the 
energy use of a basic model listed in paragraph (1) of this Order for 
compliance, marketing, or other purposes, unless the basic model has 
been tested in accordance with the provisions set forth in the Order 
and such representations fairly disclose the results of such testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 430.27.
    (5) DOE issues this waiver on the condition that the statements, 
representations, and information provided by ECR are valid and on the 
condition that ECR makes no representation on any public-facing 
materials, including websites, marketing materials, product spec 
sheets, labels, nameplates, etc., that these basic models are designed 
to be installed in systems that provide both heating and cooling. If 
ECR makes any modifications to the controls or configurations of these 
basic models, such modifications will render the waiver invalid with 
respect to that basic model, and ECR will either be required to use the 
current Federal test method or submit a new application for a test 
procedure waiver. DOE may rescind or modify this waiver at any time if 
it determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of a basic model's true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, ECR may request that 
DOE rescind or modify the waiver if ECR discovers an error in the 
information provided to DOE as part of its petition, determines that 
the waiver is no longer needed, or for other appropriate reasons. 10 
CFR 430.27(k)(2).
    (6) Granting of this waiver does not release ECR from the various 
certification requirements set forth at 10 CFR part 429.

Signing Authority

    This document of the Department of Energy was signed on March 4, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on March 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-04866 Filed 3-8-21; 8:45 am]
BILLING CODE 6450-01-P