[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Proposed Rules]
[Pages 24752-24755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09723]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2011-BT-DET-0045]
RIN 1904-AC55


Energy Conservation Program: Coverage Determination for 
Commercial and Industrial Fans

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

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (``DOE'') requests comment on a 
potential definition of ``commercial and industrial fan'' for 
consideration in determining whether such equipment should be 
classified as covered equipment under Part C of Title III of the Energy 
Policy and Conservation Act, as amended. DOE welcomes written comments 
from the public on any subject within the scope of this document 
(including topics not raised in this RFI), as well as the submission of 
data and other relevant information.

DATES: Written comments and information are requested and will be 
accepted on or before May 25, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2011-BT-
DET-0045, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include 
docket number EERE-2011-BT-DET-0045 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the Covid-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    Docket: The docket for this activity, which includes Federal 
Register notices, 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

[[Page 24753]]

that is exempt from public disclosure, may not be publicly available.
    The docket web page can be found at http://www.regulations.gov/docket/EERE-2011-BT-DET-0045. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket. See section III for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-9870. Email: [email protected].
    Mr. Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC, 20585-
0121. Telephone: (202) 586-9496. Email: [email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Authority
    B. Background
II. Request for Information
III. Submission of Comments

I. Introduction

    The following section briefly discusses the statutory authority 
underlying this request for information, as well as some of the 
historical background relevant to the potential inclusion of commercial 
and industrial fans as covered equipment under the Energy Policy and 
Conservation Act, as amended (``EPCA'').\1\
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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).
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A. Authority

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part C \2\ of EPCA established the Energy Conservation 
Program for Certain Industrial Equipment, which sets forth a variety of 
provisions designed to improve energy efficiency of certain commercial 
and industrial equipment (hereafter referred to as ``covered 
equipment'').
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    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    EPCA specifies a list of equipment that constitutes covered 
equipment. (42 U.S.C. 6311(1)) EPCA also provides that ``covered 
equipment'' includes any other type of industrial equipment for which 
the Secretary of Energy (``Secretary'') determines inclusion is 
necessary to carry out the purpose of this part. (42 U.S.C. 6311(1)(L); 
42 U.S.C. 6312(b)) EPCA specifies the types of industrial equipment 
that can be classified as covered equipment. This industrial equipment 
includes fans and blowers. (42 U.S.C. 6311(2)(B)(ii) and (iii)) 
Additionally, in order to be classified as covered equipment, the 
industrial equipment must be of a type that: (1) Consumes, or is 
designed to consume, energy in operation; (2) is distributed in 
commerce for industrial or commercial use; and (3) is not a covered 
product as defined in 42 U.S.C. 6291(a)(2). (42 U.S.C. 6311(2)(A))

B. Background

    On June 28, 2011, DOE published a notice of proposed determination 
of coverage that fans, blowers, and fume hoods qualify as covered 
equipment. 76 FR 37678 (``June 2011 NOPD''). DOE also proposed 
definitions for the terms ``fan,'' ``blower,'' and ``fume hood.''
    In the June 2011 NOPD, DOE preliminarily determined that coverage 
of fans, blowers, and fume hoods is necessary to carry out the purposes 
of Part A-1 because coverage will promote the conservation of energy 
supplies. 76 FR 37678, 37680. DOE estimated that technologies exist 
which can reduce the electricity consumption of fans and blowers by as 
much as 20 percent and that there are technologies and design 
strategies for fume hoods that could reduce energy by 50 percent. Id. 
DOE requested comment on the proposed definitions and its preliminary 
determination that coverage of fans, blower, and fume hoods is 
necessary to carry out the purposes of Part A-1. 76 FR 37678, 37682.
    In parallel with the proposed determination rulemaking process, DOE 
published notice of a framework document that detailed an analytical 
approach for developing potential energy conservation standards for 
commercial and industrial fans and blowers should the Secretary 
classify such industrial equipment as covered equipment.\3\ 78 FR 7306 
(February 1, 2013). The January 2013 Framework Document included 
revised definitions for ``fan'' and ``blower.''
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    \3\ The framework document is available at https://www.regulations.gov/document?D=EERE-2013-BT-STD-0006-0001 (``January 
2013 Framework Document'').
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    DOE also established a negotiated rulemaking working group under 
the Appliance Standards and Rulemaking Federal Advisory Committee to 
negotiate proposed definitions, test procedures and energy conservation 
standards for commercial and industrial fans and blowers. The Working 
Group held 16 meetings and three webinars and concluded its 
negotiations on September 3, 2015, with the approval of a term sheet 
containing recommendations for DOE.\4\
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    \4\ All Working Group documents, including the term sheet, are 
available at: https://www.regulations.gov/docket/EERE-2013-BT-STD-0006.
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    On January 10, 2020, DOE received a petition 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 
certain categories of fans based on an upcoming industry test method, 
AMCA 214, Test Procedure for Calculating Fan Energy Index (FEI) for 
Commercial and Industrial Fans and Blowers. DOE published a notice of 
petition and request for public comment. 85 FR 22677 (April 23, 2020) 
(``April 2020 Notice of Petition'').
    To date DOE has not classified commercial and industrial fans as 
covered equipment and has not proposed test procedures or energy 
conservation standards for this equipment.

II. Request for Information

    Although EPCA lists fans and blowers as types of industrial 
equipment, these terms are not defined. As noted, DOE proposed 
definitions for ``fan'' and ``blower'' in the June 2011 NOPD. 
Specifically, DOE proposed the following definitions:

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

    June 2011 NOPD, 76 FR 37678, 37679. Taking into consideration the 
comments

[[Page 24754]]

received to the June 2011 NOPD, DOE considered the following 
definitions for ``fan'' and ``blower'' in the January 2013 Framework 
Document:

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

(January 2013 Framework Document at pp. 7 and 9) DOE also acknowledged 
that the terms ``fan'' and ``blower'' are used interchangeably by the 
industry. Id. at p. 7.
    The industry test procedure referenced in AMCA's petition for a 
federal test procedure has since been finalized as ANSI/AMCA Standard 
214-21, Test Procedure for Calculating Fan Energy Index (FEI) for 
Commercial and Industrial Fans and Blowers (``ANSI/AMCA Standard 214-
21'').\5\ The newly finalized industry test procedure contains the 
following definition for a fan: ``a rotary-bladed machine used to 
convert electrical or mechanical power to air power, with an energy 
output limited to 25 kJ/kg of air. It consists of an impeller, shaft 
and bearings and/or driver to support the impeller as well as a 
structure or housing. A fan may include a transmission, driver and/or 
motor controller.'' \6\
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    \5\ ANSI/AMCA Standard 214-21 is available at: https://www.amca.org/assets/resources/public/pdf/Publications/AMCA-214-21.pdf.
    \6\ ANSI/AMCA Standard 214-21 at p. 3.
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    DOE is considering establishing a definition of ``commercial and 
industrial fan'' that is identical to the definition of ``fan'' in 
ANSI/AMCA Standard 214-21. As discussed, DOE has initially determined 
that the terms ``fan'' and ``blower'' are used interchangeably. DOE is 
considering including the descriptor ``commercial and industrial'' with 
the term to clarify that the subject fans are industrial equipment and 
that the term excludes ceiling fans and furnace fans, both covered 
products defined at 10 CFR 430.2.
    DOE notes that the maximum energy limit of 25 kJ/kg of air is 
equivalent to a pressure ratio of 1.3.\7\ The current definition of a 
compressor at 10 CFR 431.342 states that, among other things, a 
compressor has a pressure ratio at full-load operating pressure greater 
than 1.3. As a result, DOE initially concludes that the maximum fan 
energy limit of 25 kJ/kg is appropriate to distinguish commercial and 
industrial fans from compressors.
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    \7\ For an air density of 1.2 kg/m3, the fan pressure is 1.2 kg/
m3 x 25 kJ/kg, i.e., 30 kPa, and the pressure ratio is calculated as 
(100+30)/100 = 1.30 (where atmospheric pressure = 100 kPa).
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    With regard to the criterion that a commercial and industrial fan 
must convert ``electrical and mechanical power into air power,'' fans 
that are powered by an engine or any other driver would meet this 
criterion as the engine or other driver would be providing mechanical 
power that is converted into air power.
    DOE requests comment on the definition of commercial and industrial 
fans as considered in this RFI. The definition being considered is 
identical to the definition of ``fan'' in ANSI/AMCA Standard 214-21. 
Specifically, DOE is requesting comment on whether this definition 
would accurately describe equipment generally understood as commercial 
and industrial fans.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
specified under the DATES heading, comments and information on matters 
addressed in this RFI for commercial and industrial fans. These 
comments and information will aid in the development of a final 
determination for commercial and industrial fans if DOE determines that 
a final determination is appropriate for this equipment.
    Submitting comments via http://www.regulations.gov. The http://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. Following this instruction, 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. Comments and documents submitted via 
email also will 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 each time you submit comments, data, 
documents, and other information to DOE. Faxes will not 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. According to 10 CFR 1004.11, any

[[Page 24755]]

person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email 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. 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 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].

Signing Authority

    This document of the Department of Energy was signed on April 25, 
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 May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

[FR Doc. 2021-09723 Filed 5-7-21; 8:45 am]
BILLING CODE 6450-01-P