[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Rules and Regulations]
[Pages 27312-27394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08696]



[[Page 27311]]

Vol. 88

Monday,

No. 83

May 1, 2023

Part III





Department of Energy





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10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedure for Fans and Blowers; Final 
Rule

  Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Rules and 
Regulations  

[[Page 27312]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2021-BT-TP-0021]
RIN 1904-AF17


Energy Conservation Program: Test Procedure for Fans and Blowers

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') establishes a test 
procedure for fans and blowers, including air circulating fans, and 
incorporates by reference the relevant industry test standards for: 
measuring the fan electrical input power and determining the fan energy 
index of fans and blowers other than air-circulating fans; and 
measuring the fan airflow in cubic feet per minute per watt of electric 
power input of air-circulating fans. In this final rule, DOE also 
establishes supporting definitions, requirements for alternative 
efficiency determination methods, and sampling requirements.

DATES: The effective date of this rule is May 31, 2023. All 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with this test procedure beginning October 30, 2023. To the 
extent the test procedure established in this document is required only 
for the evaluation and issuance of newly established efficiency 
standards, use of the test procedure is not required until the 
implementation date of such new standards. The incorporation by 
reference of certain materials listed in the rule is approved by the 
Director of the Federal Register on May 31, 2023.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to the docket web page can be found at www.regulations.gov/docket/EERE-2021-BT-TP-0021. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket.
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-9879. Email: [email protected].
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    DOE incorporates by reference the following industry standards into 
10 CFR part 431:
    ANSI/AMCA Standard 210-16 (AMCA 210-16), ``Laboratory Methods of 
Testing Fans for Certified Aerodynamic Performance Rating,'' August 26, 
2016. (Co-published as ASHRAE 51-16).
    ANSI/AMCA Standard 214-21 (AMCA 214-21), ``Test Procedure for 
Calculating Fan Energy Index for Commercial and Industrial Fans and 
Blowers,'' March 1, 2021.
    ANSI/AMCA Standard 230-23 (AMCA 230-23), ``Laboratory Methods of 
Testing Air Circulating Fans for Rating and Certification,'' February 
10, 2023.
    ANSI/AMCA Standard 240-15 (AMCA 240-15), ``Laboratory Methods of 
Testing Positive Pressure Ventilators for Aerodynamic Performance 
Rating,'' May 9, 2015.
    Copies of AMCA 210-16, AMCA 214-21, AMCA 230-23, and AMCA 240-15 
can be obtained from the Air Movement and Control Association 
International (AMCA), 30 West University Drive, Arlington Heights, IL 
60004-1893, (847) 394-0150, or by going to www.amca.org.
    ISO 5801:2017(E), ``Fans--Performance testing using standardized 
airways,'' Third Edition, September 2017.
    ISO 80079-36:2016, ``Explosive atmospheres--Part 36: Non-electrical 
equipment for explosive atmospheres--Basic method and requirements,'' 
Edition 1.0, February 2016.
    Copies of ISO 5801:2017(E) and ISO 80079-36:2016 can be obtained 
from the International Organization for Standardization (ISO), Chemin 
de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland, or by going 
to www.iso.org.
    UL 705 (UL 705-2022), ``Standard for Safety for Power 
Ventilators,'' Edition 7, July 19, 2017 (including revisions through 
August 19, 2022).
    Copies of UL 705-2022 can be obtained from Underwriters 
Laboratories (UL), 333 Pfingsten Road, Northbrook, IL 60062 or 
www.shopulstandards.com.
    For a further discussion of these standards, see section IV.N of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. General
    B. Scope of Applicability
    1. Fans and Blowers Inclusions
    2. Fans and Blowers Exclusions
    3. Embedded Fans and Blowers Exclusions
    4. Air Circulating Fans
    5. Non-Electric Drivers
    6. Replacement Fans and Blowers
    7. Material Handling and Heavy Industrial Processing Fans and 
Blowers
    C. Definitions
    1. Fan and Blower Categories
    2. Safety Fans
    3. Definitions Related to Heat Rejection Equipment
    4. Air Circulating Fans
    5. Outlet Area
    6. Air Curtains
    7. Basic Model
    D. Industry Standards
    E. Adoption and Modification of the Industry Standards
    1. Combined Motor and Controller Efficiency Calculation
    2. Annex A of AMCA 214-21
    3. Annex E of AMCA 214-21
    4. Section 6.5 of AMCA 214-21 and Annex F
    5. Annex H and Annex I of AMCA 214-21
    6. Section 8.3 of AMCA 214-21
    7. Measurement of PVR Performance
    8. Embedded Fans and Blowers
    9. Wire-to-Air Performance for Air Circulating Fans
    10. Total Pressure Calculation for Air Circulating Fans
    11. Appurtenances
    12. Voltage, Phase, and Frequency
    13. Test Speeds for Air Circulating Fans
    14. Run-In Requirements
    15. Determination of Equilibrium and Test Stability
    16. Test Figures for Air Circulating Fans
    17. Location of External Airflow Measurement
    18. Transducer Type Barometer
    19. Reference Fan Electric Input Power Calculation for Air 
Circulating Fans
    20. Rounding
    F. Distinguishing Between Fans and Blowers and Air Circulating 
Fans
    G. Metric
    1. Metric for Fans and Blowers Other Than Air Circulating Fans
    2. Metric for Air Circulating Fans
    H. Control Credit Approach for Fans and Blowers Other Than Air 
Circulating Fans

[[Page 27313]]

    I. Alternative Energy Determination Method (AEDM)
    1. Validation
    2. Additional AEDM Requirements
    3. AEDM Verification Testing
    4. Engineered-to-Order
    J. Sampling Plan
    K. Enforcement Provisions
    L. Effective and Compliance Dates
    M. Test Procedure Costs and Impacts
    1. Cumulative Costs and Burden
    2. Estimated Costs for Building and Testing of Fans and Blowers 
Other Than Air Circulating Fans at an In-House Facility
    3. Estimated Costs for Building and Testing Air Circulating Fans 
at an In-House Facility
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    1. Creation of Testing Facility--General Fans
    2. AEDM Creation and Testing Costs--General Fans
    3. Creation of Testing Facility--Air Circulating Fans
    4. AEDM Creation and Testing Costs--Air Circulating Fans
    5. Total Costs
    6. Certification Statement
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    On August 19, 2021, DOE published a coverage determination 
classifying fans and blowers as covered equipment under 42 U.S.C. 
6311(2)(A) and 6312(b). 86 FR 46579 (``August 2021 Final Coverage 
Determination''). DOE does not currently have a test procedure or 
energy conservation standard for fans and blowers. The following 
sections discuss DOE's authority to establish a test procedure for fans 
and blowers and relevant background information regarding DOE's 
consideration of test procedures for this equipment.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part C \2\ of EPCA, added by Public Law 95-619, Title 
IV, section 441(a), established the Energy Conservation Program for 
Certain Industrial Equipment, which sets forth a variety of provisions 
designed to improve energy efficiency. EPCA provides that DOE may 
include a type of industrial equipment, including fans and blowers, as 
covered equipment if it determines that to do so is necessary to carry 
out the purposes of Part A-1. (42 U.S.C. 6311(2)(B)(ii) and (iii); 42 
U.S.C. 6312(b)) EPCA specifies the types of equipment that can be 
classified as industrial equipment. (42 U.S.C. 6311(2)(B)) The purpose 
of Part A-1 is to improve the efficiency of electric motors and pumps 
and certain other industrial equipment in order to conserve the energy 
resources of the Nation. (42 U.S.C. 6312(a)) As stated, on August 19, 
2021, DOE published a final determination in which DOE determined that 
fans and blowers meet the three statutory criteria for classifying 
industrial equipment as covered (42 U.S.C. 6311(2)(A)), because fans 
and blowers are a type of industrial equipment which: (1) in operation 
consume, or are designed to consume, energy; (2) are to a significant 
extent distributed in commerce for industrial or commercial use; \3\ 
and (3) are not covered under 42 U.S.C. 6291(a)(2). 86 FR 46579, 46585-
46588. DOE also determined that coverage of fans and blowers is 
necessary to carry out the purposes of Part A-1. 86 FR 46579, 46588.
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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), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1 and hereafter referred to as ``Part 
A-1.''
    \3\ DOE notes that distribution for residential use does not 
preclude coverage as covered equipment so long as to a significant 
extent the equipment is of a type that is also distributed in 
commerce for industrial and commercial use.
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    The energy conservation program under EPCA 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. 6311), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
energy conservation standards (42 U.S.C. 6313), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316; 42 
U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about 
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE 
must use these test procedures to determine whether the equipment 
complies with relevant standards promulgated under EPCA. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a); 42 U.S.C. 6297). DOE may, however, grant waivers of 
Federal preemption for particular State laws or regulations, in 
accordance with the procedures and other provisions of EPCA. (42 U.S.C. 
6316(b)(2)(D))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered equipment. 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 given type of covered equipment during a 
representative average use cycle (as determined by the Secretary) and 
requires that test procedures not be unduly burdensome to conduct. (42 
U.S.C. 6314(a)(2))

B. Background

    As discussed, on August 19, 2021, DOE published in the Federal 
Register a final coverage determination classifying fans and blowers as 
covered equipment. 86 FR 46579. DOE determined that the term ``blower'' 
is interchangeable with the term ``fan.'' 86 FR 46579, 46583. DOE 
defines a fan (or blower) as a rotary bladed machine used to convert 
electrical or mechanical power to air power, with an energy output 
limited to 25 kilojoule (``kJ'') per kilogram (``kg'') of air. It 
consists of an impeller, a shaft and bearings and/or driver to support 
the impeller, as well as a structure or housing. A fan (or blower) may 
include a transmission, driver, and/or motor controller. 10 CFR 
431.172.
    Prior to the August 2021 Final Coverage Determination, DOE 
published a notice of intent to establish an Appliance Standards and 
Rulemaking Federal Advisory Committee (``ASRAC'') Working Group 
(``Working

[[Page 27314]]

Group'') for fans and blowers. 80 FR 17359 (April 1, 2015). The Working 
Group \4\ commenced negotiations at an open meeting on May 18, 2015, 
and held 16 meetings and three webinars to discuss scope, metrics, test 
procedures, and standard levels for fans.\5\ The Working Group 
concluded its negotiations on September 3, 2015, and, by consensus 
vote,\6\ approved a term sheet containing recommendations for DOE on 
the scope of a test procedure, and energy conservation standards for 
fans. The term sheet containing the Working Group recommendations 
(``term sheet'') is available in the fans energy conservation standard 
rulemaking docket. (Docket No. EERE-2013-BT-STD-0006, No. 179) \7\ 
ASRAC approved the term sheet on September 24, 2015. (Docket No. EERE-
2013-BT-NOC-0005, Public Meeting Transcript, No. 58 at p. 29)
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    \4\ The Working Group was comprised of representatives from 
AAON, Inc.; AcoustiFLO LLC; AGS Consulting LLC; AMCA; AHRI, 
Appliance Standards Awareness Project; Berner International Corp; 
Buffalo Air Handling Company; Carnes Company; Daikin/Goodman; ebm-
papst; Greenheck; Morrison Products Inc.; Natural Resources Defense 
Council; Newcomb & Boyd; Northwest Energy Efficiency Alliance; CA 
IOUs; Regal Beloit Corporation; Rheem Manufacturing Company; Smiley 
Engineering LLC representing Ingersoll Rand/Trane; SPX Cooling 
Technologies/CTI; The New York Blower Company; Twin City Companies, 
Ltd; U.S. Department of Energy; and United Technologies/Carrier.
    \5\ Details of the negotiation sessions can be found in the 
public meeting transcripts that are posted to the docket for the 
energy conservation standard rulemaking at: www.regulations.gov/docket?D=EERE-2013-BT-STD-0006.
    \6\ At the beginning of the negotiated rulemaking process, the 
Working Group defined that before any vote could occur, the Working 
Group must establish a quorum of at least 20 of the 25 members and 
defined consensus as an agreement with less than 4 negative votes. 
Twenty voting members of the Working Group were present for this 
vote. Two members (Air-Conditioning, Heating, and Refrigeration 
Institute and Ingersoll Rand/Trane) voted no on the term sheet.
    \7\ The references are arranged as follows: (commenter name, 
comment docket ID number, page of that document). If one comment was 
submitted with multiple attachments, the references are arranged as 
follows: (commenter name, comment docket ID number. Attachment 
number, page of that document). The attachment number corresponds to 
the order in which the attachment appears in the docket. The 
parenthetical reference provides a reference for information located 
in DOE Docket No. EERE-2021-BT-TP-0021. If the information was 
submitted to a different DOE docket, the DOE docket number is 
additionally specified in the reference.
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    On January 10, 2020, DOE received a notice of petition from the Air 
Movement and Control Association (``AMCA''), Air Conditioning 
Contractors of America, and Sheet Metal & Air Conditioning Contractors 
of America (``the Petitioners'') requesting that DOE establish test 
procedures for certain categories of commercial and industrial fans 
based on an industry test method in development, AMCA 214. DOE 
published a notice of this petition with a request for public comment 
on April 23, 2020; \8\ 85 FR 22677 (``April 2020 Notice of Petition''). 
As part of the April 2020 Notice of Petition, DOE sought data and 
information pertinent to whether amended test procedures would (1) 
accurately measure energy efficiency, energy use, or estimated annual 
operating cost of fans during a representative average use cycle; and 
(2) not be unduly burdensome to conduct. 85 FR 22677, 22679.
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    \8\ At the time of the petition, AMCA 214-21 was available as a 
draft version (AMCA 214).
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    On October 1, 2021, DOE published a request for information 
pertaining to potential test procedures for fans and blowers. 86 FR 
54412 (``October 2021 RFI''). In the October 2021 RFI, DOE identified a 
variety of issues on which it sought input to determine whether, and if 
so how, potential test procedures for fans and blowers, including air 
circulating fans, would: (1) comply with the requirements in EPCA that 
test procedures be reasonably designed to produce test results that 
reflect energy use during a representative average use cycle, and (2) 
not be unduly burdensome to conduct. Id. In response to requests from 
stakeholders,\9\ DOE extended the comment period 14 days to November 
15, 2021. 86 FR 59308 (Oct. 27, 2021).
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    \9\ AMCA requested a 21-day extension (AMCA, No. 2 at p. 1).
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    DOE published a notice of proposed rulemaking (``NOPR'') for the 
test procedure on July 25, 2022. 87 FR 44194 (hereafter, the ``July 
2022 NOPR''). DOE held a public meeting related to this NOPR on August 
2, 2022 (hereafter, the ``NOPR public meeting''). DOE received several 
comments \10\ requesting a comment extension ranging from 15 to 60 
days, some commenters also requested a second public meeting/workshop. 
In particular, the Air-Conditioning, Heating, and Refrigeration 
Institute (``AHRI'') commented that the complexity of the commercial 
fans rulemaking warrants additional time for stakeholder feedback and 
recommended that DOE reconsider the request for an open meeting and 
reopen the comment period so that all stakeholders have ample 
opportunity for discourse on the implementation of an incredibly 
complex rule, adding that the 60-day comment period was not sufficient. 
(AHRI, No. 40 at pp. 3-4, 5) DOE determined that the length of the 
comment period provided a meaningful opportunity to comment on the NOPR 
and did not provide an extension.\11\
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    \10\ AMCA and AHRI, No. 19 at p. 1; AHAM, No. 20 at p. 1; CA 
IOUs, No. 21 at pp. 1-2; NEEA, No. 22 at p. 1, JCI, No. 23 at p. 1; 
AHAM, No. 24 at p. 1.
    \11\ DOE posted a copy of the pre-Federal Register publication 
of the fans and blowers test procedure NOPR on the DOE website and 
notified stakeholder organizations via email on June 24, 2022, which 
provided stakeholders approximately 30 days for review of that copy 
in addition to the 60-day comment period that was announced in the 
notice published in the Federal Register on July 25, 2022. A public 
meeting was held on August 2, 2022, and the written comment period 
closed on September 23, 2022.
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    DOE received comments in response to the July 2022 NOPR from the 
interested parties listed in Table I-1.

            Table I-1--List of Commenters With Written Submissions in Response to the July 2022 NOPR
----------------------------------------------------------------------------------------------------------------
                                      Reference in this final
            Commenter(s)                        rule           Comment No. in the docket      Commenter type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance         AHAM...................  35.......................  Trade Association.
 Manufacturers.
Air-Conditioning, Heating, and        AHRI...................  40.......................  Trade Association.
 Refrigeration Institute.
Air Movement and Control Association  AMCA...................  13, 41...................  Trade Association.
 International.
Appliance Standards Awareness         Efficiency Advocates...  32.......................  Efficiency
 Project, American Council for an                                                          Organizations.
 Energy-Efficient Economy, Natural
 Resources Defense Council.
California Investor-Owned Utilities:  CA IOUs................  37.......................  Utilities.
 Pacific Gas and Electric Company,
 San Diego Gas and Electric, and
 Southern California Edison.
California Energy Commission........  CEC....................  30.......................  Manufacturer.
ebm-papst Inc.......................  ebm-papst..............  31.......................  Manufacturer.
Greenheck Group.....................  Greenheck..............  39.......................  Manufacturer.

[[Page 27315]]

 
Johnson Controls....................  JCI....................  34.......................  Manufacturer.
Morrison Products Inc...............  Morrison...............  42.......................  Manufacturer.
New York Blower.....................  New York Blower........  33.......................  Manufacturer.
Northwest Energy Efficiency Alliance  NEEA...................  36.......................  Efficiency
                                                                                           Organization.
Robinson Fans Holdings..............  Robinson...............  43.......................  Manufacturer.
Trane Technologies..................  Trane..................  38.......................  Manufacturer.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\12\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the NOPR public meeting, DOE cites the written comments 
throughout this final rule. DOE identified one oral comment from Nidec 
Motor Corporation (``Nidec'') regarding stability determination that is 
summarized and addressed in section III.E.16.a.; one comment from ASAP 
generally supporting the test procedure rulemaking summarized and 
addressed in section III.A; one comment from Daikin related to embedded 
fans exclusions summarized and addressed in section III.B.3.b; and one 
comment from Loren Cook Company (``Loren Cook'') related to test burden 
summarized and addressed in section III.E.12 of this document. All 
other comments provided during the webinar are substantively addressed 
by written comments.
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    \12\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for fans and blowers. (Docket No. EERE-2021-BT-TP-
0021, maintained at www.regulations.gov.) The references are 
arranged as follows: (commenter name, comment docket ID number, page 
of that document).
---------------------------------------------------------------------------

    In addition, DOE notes that it received several comments \13\ that 
were not related to the test procedure and instead relate to potential 
energy conservation standards. DOE will address these comments in a 
separate rulemaking pertaining to energy conservation standards.
---------------------------------------------------------------------------

    \13\ See AHRI, No. 40 at pp. 7, 8, 9-10, 12-14; CA IOUs, No. 37 
at pp. 1-3.
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    On November 21, 2022, AMCA, as well as AMCA members (ebm-papst, Big 
Ass Fans, Greenheck, New York Blower, and Twin City Fan), ASAP, and 
NEEA met with DOE to discuss several items related to the fan and 
blower test procedure during an ex-parte meeting. (AMCA No. 45, at pp. 
1-12)

II. Synopsis of the Final Rule

    In this final rule, DOE adopts a test procedure for fans and 
blowers in subpart J of 10 CFR part 431 and modifies 10 CFR part 429, 
as follows:
     Establishes the scope of the test procedure for fans and 
blowers as to include standalone and embedded fans and blowers (i.e., 
fans and blowers incorporated into other equipment) that are either: 
axial inline fans; axial panel fans; centrifugal housed fans; 
centrifugal unhoused fans; centrifugal inline fans; radial-housed fans; 
power roof/wall ventilators (``PRVs''); or air circulating fans with 
input power greater than or equal to 125 W; and excluding some fans 
that are embedded in other products or equipment; and excluding radial 
housed unshrouded fans with a diameter less than 30 inches or a blade 
width of less than 3 inches; safety fans; induced flow fans; jet fans; 
cross-flow fans; fans manufactured exclusively to be powered by 
internal combustion engines; fans that create a vacuum of 30 inches 
water gauge (``in. wg'') or greater; and fans designed and marketed to 
operate at or above 482 degrees Fahrenheit (250 degrees Celsius). In 
addition, for fans and blowers other than air circulating fans, the 
test procedure only applies to duty points with fan shaft input power 
equal to or greater than 1 horsepower and fan air power equal to or 
less than 150 horsepower.
     Defines ``axial inline fan,'' ``axial panel fan,'' 
``centrifugal housed fan,'' ``centrifugal unhoused fan,'' ``centrifugal 
inline fan,'' ``radial-housed fan,'' ``power roof ventilator,'' 
``cross-flow fan,'' ``induced flow fan,'' ``jet fan,'' ``basic model,'' 
``safety fan,'' ``air circulating fan,'' and related terms.
     Adopts through reference in newly adopted appendix A to 
subpart J of 10 CFR part 431 (``appendix A'') certain provisions of 
ANSI/AMCA 214-21, ``Test Procedure for Calculating Fan Energy Index for 
Commercial and Industrial Fans and Blowers'' (``AMCA 214-21''), with 
modifications, as the test procedure for determining FEP and FEI of 
fans and blowers other than circulating fans;
     Adopts through reference in newly adopted appendix B to 
subpart J of 10 CFR part 431 (``appendix B'') certain provisions of 
ANSI/AMCA 230-23, ``Laboratory Methods of Testing Air Circulating Fans 
for Rating and Certification,'' with modifications, as the test 
procedure for determining efficacy in cubic feet per minute (``CFM'') 
per watt (``W'') (``CFM/W'');
     Adopts through reference certain provisions of the 
following industry standards referenced by AMCA 214-21: ANSI/AMCA 210-
16, (``AMCA 210-16'') ``Laboratory Methods of Testing Fans for 
Certified Aerodynamic Performance Rating'' and ISO 5801:2017(E), ``Fans 
Performance testing using standardized airways'' (ISO 5801:2017).
     Establishes fan and blower sampling requirements and 
provisions related to determining represented values in 10 CFR 429.69;
     Establishes an alternative efficiency determination method 
(``AEDM'') for fans and blowers in 10 CFR 429.70; and
    The adopted requirements are summarized in Table II-1.

[[Page 27316]]



                                   Table II-1--Summary of Adopted Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                            Applicable preamble
               Topic                     Location in CFR         Adopted requirements           discussion
----------------------------------------------------------------------------------------------------------------
Scope..............................  10 CFR 431.174........  Establish the scope of the   Section III.B.
                                                              test procedure for fans
                                                              and blowers as to include
                                                              standalone and embedded
                                                              fans and blowers (i.e.,
                                                              fans and blowers
                                                              incorporated into other
                                                              equipment) that are
                                                              either: axial inline fans;
                                                              axial panel fans;
                                                              centrifugal housed fans;
                                                              centrifugal unhoused fans;
                                                              centrifugal inline fans;
                                                              radial-housed fans; power
                                                              roof/wall ventilators; or
                                                              air circulating fans with
                                                              input power greater than
                                                              or equal to 125 W; and
                                                              excluding some fans that
                                                              are embedded in other
                                                              products or equipment; and
                                                              excluding radial housed
                                                              unshrouded fans with
                                                              diameter less than 30
                                                              inches or a blade width of
                                                              less than 3 inches; safety
                                                              fans; induced flow fans;
                                                              jet fans; cross-flow fans;
                                                              fans manufactured
                                                              exclusively to be powered
                                                              by internal combustion
                                                              engines; fans that create
                                                              a vacuum of 30 in. wg or
                                                              greater; and fans designed
                                                              and marketed to operate at
                                                              or above 482 degrees
                                                              Fahrenheit (250 degrees
                                                              Celsius). In addition, for
                                                              fans and blowers other
                                                              than air circulating fans,
                                                              the test procedure is
                                                              applicable to duty points
                                                              with fan shaft input power
                                                              equal to or greater than 1
                                                              horsepower and fan air
                                                              power equal to or less
                                                              than 150 horsepower.
Definitions........................  10 CFR 431.172........  Define ``axial inline        Section III.C.
                                                              fan,'' ``axial panel
                                                              fan,'' ``centrifugal
                                                              housed fan,''
                                                              ``centrifugal unhoused
                                                              fan,'' ``centrifugal
                                                              inline fan,'' ``radial-
                                                              housed fan,'' ``power roof
                                                              ventilator,'' ``cross-flow
                                                              fan,'' ``induced flow
                                                              fan,'' ``jet fan,''
                                                              ``basic model,'' ``safety
                                                              fan,'' ``air circulating
                                                              fan,'' and related terms.
Test Procedure.....................  10 CFR 431.174........  Establish FEI as the metric  Sections III.D, III.E,
                                                              for fans and blowers other   III.F and III.G.
                                                              than air circulating fans;
                                                              incorporate by reference
                                                              AMCA 214-21, AMCA 210-16,
                                                              and provide additional
                                                              instructions for
                                                              determining the FEI (and
                                                              other applicable
                                                              performance
                                                              characteristics) for fans
                                                              and blowers other than air
                                                              circulating fans.
                                                              Establish the efficacy
                                                              (CFM/W) as the metric for
                                                              air circulating fans;
                                                              incorporate by reference
                                                              AMCA 230-23 and provide
                                                              additional instructions
                                                              for determining the
                                                              efficacy (and other
                                                              applicable performance
                                                              characteristics) for air
                                                              circulating fans.
Sampling Plan......................  10 CFR 429.69.........  Specify the minimum number   Section III.J.
                                                              of fans or blowers to be
                                                              tested to rate a basic
                                                              model and determine
                                                              representative values.
AEDM...............................  10 CFR 429.70.........  Establish requirements for   Section III.I.
                                                              applying an alternative
                                                              energy use determination
                                                              method.
----------------------------------------------------------------------------------------------------------------

    DOE's test method for fans and blowers includes measurements of 
pressure, flow rate, and fan shaft or electrical input power, all of 
which are required to calculate FEP, FEI, and efficacy (CFM/W) as 
applicable, as well as other quantities to characterize rated fan and 
blower performance (e.g., speed). DOE has determined that the relevant 
sections of AMCA 214-21, AMCA 210-16, and AMCA 230-23, in conjunction 
with the additional provisions adopted in this test procedure, would 
produce test results that reflect the energy efficiency and energy use 
of a fan or blower during a representative average use cycle. (42 
U.S.C. 6314(a)(2)) Additionally, DOE has determined that the test 
procedure, which is based on the relevant industry testing standard, 
would not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) DOE's 
analysis of the burdens associated with the proposed test procedure is 
presented in section III.M of this document.
    The effective date for the test procedure adopted in this final 
rule is 30 days after publication of this document in the Federal 
Register. Representations of energy use or energy efficiency must be 
based on testing in accordance with the test procedure beginning 180 
days after the publication of this final rule.

III. Discussion

    In the following sections, DOE establishes test procedures and 
related definitions for fans and blowers in subpart J of part 431, 
sampling plans for this equipment, an alternative efficiency 
determination method (``AEDM'') for this equipment, and enforcement 
provisions for this equipment. In the following sections, DOE provides 
relevant background information, discusses and responds to relevant 
public comments, and presents the adopted requirements.

A. General

    ASAP commented in general support of the July 2022 NOPR. (Public 
Meeting transcript, No. 18 at p. 5)
    AHRI commented that in the Table of Contents of the NOPR, DOE lists 
a section ``C. Deviation from the Process Rule;'' however, no such 
section can be found in the NOPR. AHRI noted that according to Section 
3(a) of 10 CFR part 430, subpart C, appendix A, DOE may,

[[Page 27317]]

as necessary, deviate from [the Process Rule] to account for specific 
circumstances of a particular rulemaking, and interested parties will 
receive notice of the deviation and explanation. AHRI recommended that 
DOE reopen the comment period to include the missing ``Section C. 
Deviation from the Process Rule'' that includes an explanation for the 
deviation so that the public can respond and provide meaningful 
comments. AHRI stated that DOE has failed to be transparent in the NOPR 
in providing no notice or explanation of any deviation from the 
applicable guidance of appendix A. (AHRI, No. 40 at pp. 2-3)
    AHAM commented that DOE did not provide notice and explanation for 
deviations from the Process Rule, although the table of contents 
included such section. Nevertheless, AHAM noted that it is clear that 
DOE deviated from the Process Rule at least with regard to the comment 
period, although DOE did not explain why. AHAM commented that instead 
of the process rule's required 75-day comment period for test 
procedures, DOE provided only 60 (which has become DOE's common 
practice regardless of the particular rulemaking). AHAM stated that DOE 
declined several parties' requests to extend that comment period 
despite substantive reasons necessitating more time and reasonable 
extension requests that would not meaningfully extend DOE's rulemaking 
process requested. In addition, AHAM commented that a longer comment 
period was required for manufacturers to test products using DOE's 
proposed tests. In addition, AHAM noted that AHAM members struggled to 
understand whether the proposed test procedure would implicate consumer 
fans and/or fans used in home appliances in the allotted time. AHAM 
stated that denying reasonable requests for modest comment period 
extensions will not ultimately streamline DOE's efforts and will result 
in increased resource needs for the Department to respond to 
stakeholder meeting requests and supplemental documents, which would 
lengthen the rulemaking process. AHAM commented that in the future, DOE 
should allow for reasonable extensions to comment periods in order to 
increase the quality of responses to its requests for comment and the 
overall accuracy of its final rules. (AHAM, No. 35 at pp. 7-8)
    AMCA noted that incorporating air circulating fans in the test 
procedure NOPR at a time when AMCA 230 was undergoing revisions added 
considerable time and efforts in addition to having to review the 
expected material and AMCA commented that DOE denied multiple 
stakeholder requests for a 30-day extension. AMCA further commented 
that an ex-parte meeting after the pre-publication of the NOPR and 
before the publication of the NOPR would have benefited stakeholders 
and potentially improved the NOPR. (AMCA No. 41 at p. 2)
    DOE did not deviate from 10 CFR part 430, subpart C, appendix A 
(``appendix A''), applicable to fans and blowers under 10 CFR 431.4, 
and did not include such discussion in the July 2022 NOPR. DOE notes 
however that a section title for this section was not deleted from the 
table of contents and should have been deleted.
    In addition, appendix A does not prescribe any mandatory comment 
period for test procedure NOPRs. A 60-day period is the typical period 
that DOE provides for all NOPRs, which exceeds the 45-day minimum 
required by EPCA. (See 42 U.S.C. 6314(b)(2)) As previously noted, the 
pre-publication version of the NOPR was publicly available for 30 days 
for stakeholders to review prior to publication of the NOPR. As such, 
the timing and sequence of this rulemaking has been conducted 
consistent with the provisions in appendix A. Additionally, the intent 
of the pre-publication version of a document is to provide stakeholders 
with additional time to review and prepare comments. Further, DOE 
provided opportunity for written comments and subsequent ex-parte 
meeting, as previously discussed, and comments from all stakeholders 
were considered in finalizing this test procedure pertaining to fans 
and blowers as discussed in section III of this document.
    AHRI commented that the proposed test procedure will exacerbate 
supply chain issues, contradicting Executive Order 14017.\14\ AHRI 
commented that supply chain disruptions have been lowering the 
competitiveness of the HVAC industry and hindering AHRI manufacturing 
capabilities. AHRI commented that trade distortions and the COVID-19 
pandemic have resulted in shortages of essential components and led to 
delays and costly inflation at every stage of the manufacturing supply 
chain. AHRI commented that the immediacy of the implementation of a 
test procedure change serves to exacerbate near-term supply chain 
disruptions, and that these issues are made worse with ongoing labor 
shortages, and added together, disrupt domestic production, and result 
in temporary shutdowns, reduced sales, increased consumer costs, and 
delayed delivery of critical products.\15\ AHRI further provided a 
description of current supply issues experienced by its members and 
commented that such regulatory burdens by DOE and others have left 
manufacturers in an almost constant state of redesign and testing. AHRI 
added that innovation is no longer as important as just modifying 
products to meet what AHRI described as new and ever-changing 
regulatory burdens. (AHRI, No. 40 at pp. 15-17)
---------------------------------------------------------------------------

    \14\ Executive Order on America's Supply Chains, February 24, 
2021. Available at: www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains.
    \15\ AHRI referenced appendix A of the Supply Chain Disruptions 
Affect Viability of U.S. Manufacturing Sector white paper, published 
by AHRI, AHAM, NAFEM, and NEMA. Available at www.nema.org/docs/default-source/advocacy-document-library/joint-association-supply-chain-white-paper.pdf?sfvrsn=1763ed3b_2.
---------------------------------------------------------------------------

    DOE has determined that establishing a test procedure will not 
impact the availability of current models. The test procedure does not 
establish any energy conservation standards and does not result in any 
non-compliant fans. Section III.M of this document discusses DOE's 
analysis of testing costs and burden as a result of establishing this 
test procedure.
    Morrison commented that the proposed new metric and testing plans 
was inconsistent with 2015 ASRAC WG term sheet agreement and 
disregarded the 11 years of work that went into this challenging and 
groundbreaking rulemaking effort. (Morrison No. 42 at p.1) As discussed 
in section III.G.1 of this document, DOE did not propose a new metric 
in the July 2022 NOPR. Further in this final rule, DOE is adopting a 
minimum sample size of one unit in line with the term sheet as 
discussed in section III.J of this document.

B. Scope of Applicability

    This rulemaking applies to fans and blowers. A fan or blower is 
defined as a rotary bladed machine that is used to convert electrical 
or mechanical power to air power with an energy output limited to 25 
kilojoule (``kJ'')/kilogram (``kg'') of air. 10 CFR 431.172. It 
consists of an impeller, a shaft and bearings and/or a driver to 
support the impeller, as well as a structure or housing. Id. A fan or 
blower may include a transmission, driver, and/or motor controller. Id. 
As discussed, DOE has classified fans and blowers as covered equipment. 
86 FR 46579. ``Covered equipment'' consists of certain industrial 
equipment, which is classified by the Secretary according to section 
6312(b) and excludes covered

[[Page 27318]]

products, other than industrial equipment that is a component of a 
covered product. (42 U.S.C. 6311(1) and (2)(A)(iii)) DOE explained in 
the coverage determination that fans and blowers, the subjects of this 
rulemaking, do not include ceiling fans and furnace fans, as defined at 
10 CFR 430.2. See 86 FR 46579, 46586. DOE also noted that distribution 
for residential use does not preclude coverage as covered equipment so 
long as to a significant extent the equipment is of a type that is also 
distributed in commerce for industrial and commercial use. Id. at fn. 
26.
    In the August 2021 Final Coverage Determination, DOE did not 
establish definitions for specific categories of fans and blowers. DOE 
stated that it would consider specific categories of fans and blowers 
and the scope of applicability of test procedures and energy 
conservation standards in its respective rulemakings. 86 FR 46579, 
46585.
    This section discusses the fans and blowers that DOE includes in 
the scope of applicability of the test procedure, as well as 
exemptions.
1. Fans and Blowers Inclusions
    This section discusses fans and blowers, other than air circulating 
fans, proposed for inclusion in the scope of applicability of the test 
procedure. Air circulating fans are discussed in section III.B.4 of 
this document.
    The Working Group recommended that the test procedure be applicable 
to certain classifications of fans and blowers, listed in Table III-8 
of this document. (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #1 at p. 1) The Working Group did not provide 
definitions for the specified classifications of the fans and blowers 
identified for inclusion in the scope of a test procedure. AMCA 214-21 
provides terms and associated definitions for certain classifications 
of fans and blowers that correspond to the Working Group 
recommendation. The Working Group further recommended that the test 
procedure apply only to the fan operating points (i.e., duty points) 
with a fan shaft power equal to or greater than 1 horsepower (``hp'') 
and fan air power \16\ equal to or less than 150 hp. The Working Group 
recommended that air power be calculated using static pressure for 
unducted fans (``static air power'') and total pressure for ducted fans 
(``total air power'').\17\ (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #5 at p. 4)
---------------------------------------------------------------------------

    \16\ The air power of a fan is the fan's output power. It is 
proportional to the product of the fan airflow rate and the fan 
pressure.
    \17\ The terms ``ducted'' and ``unducted'' refer to the 
recommended test configuration used when conducting a fan test. 
Appendix C of the term sheet specifies which fan categories are 
typically ducted (i.e., tested using a ducted outlet and for which 
the FEI is calculated on a total pressure basis): axial cylindrical 
housed, centrifugal housed (excluding inline and radial), inline and 
mixed flow, radial housed; and which fan types are considered 
unducted (i.e., tested with a free outlet and for which the FEI is 
calculated on a static pressure basis): panel, centrifugal unhoused 
(excluding inline and radial), and power roof ventilators.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE noted that on February 24, 2022, the 
California Energy Commission (``CEC'') published a proposed rulemaking 
for fans and blowers that includes terms and definitions that 
correspond to the Working Group recommendations.\18\ The CEC proposed 
to cover the following fan categories: axial inline, axial panel, 
centrifugal housed, centrifugal unhoused, centrifugal inline, radial 
housed, and power roof/wall ventilators, and to define these terms 
largely based on the definitions in AMCA 214-21, with revisions to 
indicate a fan's intended application and if a fan's inlet or outlet 
can be (optionally, as applicable) ducted. In addition, the CEC 
proposal considers fans and blowers that have a rated fan shaft power 
greater than or equal to 1 horsepower, or, for fans without a rated 
shaft input power, an electrical input power greater than or equal to 1 
kW, and a fan output power less than or equal to 150 horsepower.\19\ 87 
FR 44194, 44199.
---------------------------------------------------------------------------

    \18\ All documents related to this rulemaking can be found in 
the rulemaking Docket 22-AAER-01 accessible at: www.energy.ca.gov/rules-and-regulations/appliance-efficiency-regulations-title-20/appliance-efficiency-proceedings-11.
    \19\ See Proposed regulatory language for Commercial and 
Industrial Fans and Blowers available in the following Docket: 22-
AAER-01 at: efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE proposed to include all fans and blowers 
that are included within the scope of AMCA 210-16 (referenced by AMCA 
214-21) and proposed that the test procedure would be applicable to the 
following fans and blowers, with exclusions discussed in sections 
III.B.2 and III.B.3 of this document: (1) axial inline fan; (2) axial 
panel fan; (3) centrifugal housed fan; (4) centrifugal unhoused fan; 
(5) centrifugal inline fan; (6) radial-housed fan; and (7) power roof/
wall ventilator (``PRV'').\20\ 87 FR 44194, 44200. (See section III.C.1 
of this document for definitions of these terms)
---------------------------------------------------------------------------

    \20\ PRVs include: Centrifugal PRV exhaust fans; Centrifugal PRV 
supply fans; and Axial PRVs, as defined in AMCA 214-21.
---------------------------------------------------------------------------

    AMCA supported the proposed standalone fan inclusions and did not 
provide comments regarding embedded fans. (AMCA, No. 41 at p. 5) New 
York Blower commented that the fans and blowers proposed for inclusion 
in the DOE test procedure are appropriate. (New York Blower, No. 33 at 
p. 6)
    DOE did not receive any other comments on this issue and includes 
all fans and blowers within the scope of AMCA 210-16 (referenced by 
AMCA 214-21) in the scope of the DOE test procedure. As such, DOE 
specifies that the test procedure is applicable to the following fans 
and blowers, with exclusions discussed in sections III.B.2 and III.B.3 
of this document: (1) axial inline fan; (2) axial panel fan; (3) 
centrifugal housed fan; (4) centrifugal unhoused fan; (5) centrifugal 
inline fan; (6) radial-housed fan; and (7) PRV.
    In the July 2022 NOPR, DOE proposed that the scope of the test 
procedure cover fans and blowers with a fan shaft input power equal to 
or greater than 1 horsepower and a fan static or total air power equal 
to or less than 150 horsepower. DOE proposed the lower 1 hp limit to 
match the technical applicability of the AMCA 214-21 and AMCA 210-16 
test procedures. DOE proposed the upper air power limit at this time 
because fans that operate above the proposed upper limit are typically 
custom orders and are too large to be tested in a laboratory setting. 
In addition, DOE noted that these limits are in line with the Working 
Group recommendations and the CEC scope. 87 FR 44194, 44200-44201.
    In the July 2022 NOPR, DOE tentatively determined that the 1 hp fan 
shaft power lower limit may not be a practical unit of measurement for 
all fans because some fans are designed such that the measurement of 
the shaft input power is not feasible, and the only feasible 
measurement is the FEP, which is measured in units of kW. For example, 
some fans incorporate the bare shaft and the motor in the same enclosed 
housing and do not provide access to the fan shaft (i.e., between the 
motor and the fan), where the measurement of the fan shaft power would 
be conducted. DOE relied on the motor efficiency equations provided in 
section 6.4.2.3 of AMCA 214-21 to convert the fan shaft power into 
electrical input power \21\ and has tentatively determined that 0.89 kW 
is appropriate to establish a standardized equivalent to the 1 hp fan 
shaft input power limit. Additionally, section 6.5.3.1.3 ``Fan 
Efficiency Requirements'' of ANSI/ASHRAE/IES 90.1, ``Energy Standard 
for Buildings except Low-Rise Residential Buildings (2019)'' (``ASHRAE 
90.1-2019'') relies on the value of 0.89 kW as the corresponding

[[Page 27319]]

threshold to a value of 1 hp of shaft input power. Accordingly, DOE 
proposed that the test procedure would be applicable to a fan or blower 
with duty points \22\ with the following characteristics: (1) a fan 
shaft input power equal to or greater than 1 horsepower and a fan 
static or total air power equal to or less than 150 horsepower, or (2) 
a FEP equal to or greater than 0.89 kW and a fan static or total air 
power equal to or less than 150 horsepower. 87 FR 44194, 44200.
---------------------------------------------------------------------------

    \21\ The electrical input power is equal to the fan shaft input 
power divided by the motor efficiency.
    \22\ A duty point is characterized by a given airflow and 
pressure and has a corresponding operating speed.
---------------------------------------------------------------------------

    In addition, AMCA 214-21 distinguishes between fans that use a 
total pressure basis \23\ and fans that use a static pressure 
basis.\24\ In the July 2022 NOPR, DOE proposed to establish the 150 hp 
upper limit in terms of total air power for fans and blowers that use a 
total pressure basis FEI and would be required to be tested with a 
ducted outlet according to the proposed provisions adopted through 
reference to AMCA 214-21. For fans and blowers that use a static 
pressure basis FEI and would be required to be tested using a free 
outlet under the provisions of AMCA 214-21, DOE proposed to establish 
the air power limit in terms of static air power. 87 FR 44194, 44200-
44201.
---------------------------------------------------------------------------

    \23\ This includes: centrifugal housed fans, radial housed fans, 
centrifugal inline fans, centrifugal PRVs Supply, and Axial Inline 
fans. (See Table 7.1 of AMCA 214-21.)
    \24\ This includes: Centrifugal unhoused fans, Centrifugal PRVs 
Exhaust, Axial Panel fans, Axial PRVs. (See Table 7.1 of AMCA 214-
21.)
---------------------------------------------------------------------------

    Finally, to define total air power, DOE proposed to rely on the 
definition of ``fan output power'' in AMCA 210-16. DOE proposed to 
define ``total air power'' as the total power delivered to air by the 
fan; it is proportional to the product of the fan airflow rate, the fan 
total pressure, and the compressibility coefficient and is calculated 
in accordance with section 7.8.1 of AMCA 210-16. See the definition of 
``fan output power'' in Section 3.1.31 of AMCA 210-16 and calculation 
formulas in section 7.8.1 of AMCA 210-16. DOE also proposed to define 
``static air power'' as the static power delivered to air by the fan; 
it is proportional to the product of the fan airflow rate, the fan 
static pressure, and the compressibility coefficient and is calculated 
in accordance with section 7.8.1 of AMCA 210-16, using static pressure 
instead of total pressure. 87 FR 44194, 44201.
    In response to the July 2022 NOPR, AMCA commented in support of the 
basis of the proposed power limits based on fan air power, fan shaft 
input power and fan electrical input power. In terms of scope, AMCA 
added that fans deliver air power, defined generally as pressure 
multiplied by volume flow rate. AMCA stated that by limiting the top 
end of the scope to air power, as opposed to electrical input power, a 
less efficient fan is not allowed to escape regulation by consuming a 
larger amount of electrical input power to deliver a similar amount of 
air power. Regarding the low side of the scope related to power, for 
bare fans, AMCA commented that shaft input power is the appropriate 
measure because there is no driver. For fans tested wire-to-air, AMCA 
commented that the appropriate measure is electrical input power. 
(AMCA, No. 41 at p. 5)
    Morrison commented in support of the proposed power limits 
(Morrison, No. 42 at p. 2)
    New York Blower commented that the proposed power limits were 
appropriate. New York Blower commented that the limits are configured 
in a manner that captures products at the low end of fan powers and 
does not allow less efficient products at the high end to escape 
regulation by being less efficient. However, New York Blower noted that 
the July 2022 NOPR implies that if a fan is capable of operating within 
the scope of regulation, it should be regulated under all possible 
operating conditions. New York Blower commented that such approach 
would remove the upper limit of scope considering that practically any 
fan could be slowed down enough to operate within the proposed scope. 
Instead, New York Blower commented that for applications that operate 
at the high end of the proposed scope, fan performance is typically 
attached to the fan and that these types of fans are not sold as a 
distributed product--like a fan in a box--but configured and applied to 
the application. Thus, for these fans, New York Blower recommended that 
the industry be regulated for fans configured and identified as 
operating within scope and for identical products operating outside the 
scope, the product not be regulated. (New York Blower, No. 33 at p. 7)
    ebm-papst commented that testing of larger fans becomes 
exponentially more burdensome and recommended that DOE exempt all fans 
that have at least one duty point at an air power above 150 horsepower. 
Otherwise, according to ebm-papst, many speed adjustable industrial 
fans become subject to this regulation even if just a small portion of 
the operating map is below 150 hp or air power. (ebm-papst, No. 31 at 
p. 1)
    Robinson commented that they are not in favor of the inclusion of 
duty points within the power range. Robinson commented that custom fan 
equipment is often selected at a duty point well beyond the horsepower 
limitation, but included within the operational requirements are 
operating duty points that fall within the horsepower range. Robinson 
asked if the manufacturer is only required to make a representation 
regarding that single duty point. Robinson added that in some 
instances, customers cannot obtain a desired duty point through speed 
control, and therefore duty points must be attained through damper 
control. Inclusion of these appurtenances in testing will significantly 
multiply testing requirements to make an assertation regarding FEP, 
FEI, etc. and result in over-designed fans. (Robinson, No. 43 at p. 4)
    The CA IOUs commented that DOE should rely on the best efficiency 
point (``BEP'') \25\ as the criteria for whether a fan falls within the 
power input range and air horsepower to determine if a fan is within 
the scope of the test procedure. The CA IOUs commented that DOE 
proposed that the test procedure applies to a fan or blower with duty 
points greater than one horsepower and equal to or less than 150 
horsepower. Therefore, fans with a single duty point of less than 150 
air horsepower would be within the scope of this rulemaking. The CA 
IOUs asserted that fans with variable speed drives, regardless of size, 
are bound to have duty points less than 150 horsepower. The CA IOUs 
also stated that there are also many small fans, particularly forward-
curved fans, with a few points and shaft input power greater than one 
horsepower at the extreme right end of the fan curve. The CA IOUs 
recommended that DOE change this exclusion to fans where the BEP is 
less than or equal to one horsepower or greater than 150 hp. (CA IOUs, 
No. 37 at p. 10)
---------------------------------------------------------------------------

    \25\ The BEP represents the flow and pressure values at which 
the fan total efficiency (ratio of total air power to fan shaft 
input power) is maximized when operating a given speed.
---------------------------------------------------------------------------

    As noted, the Working Group recommended that the test procedure be 
only applicable to the fan operating points with a fan shaft power 
equal to or greater than 1 horsepower (``hp'') and fan air power equal 
to or less than 150 hp. (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #5 at p. 4) In line with this approach, DOE adopts the 
power limits as proposed in the July 2022 NOPR and corresponding 
definitions of static air power (``fan static air power'') and total 
airpower

[[Page 27320]]

(fan total air power''). DOE further clarifies that the test procedure 
is only applicable to the fan or blower duty points with the following 
characteristics: (1) a fan shaft input power equal to or greater than 1 
horsepower and a fan static or total air power equal to or less than 
150 horsepower, or (2) a FEP equal to or greater than 0.89 kW and a fan 
static or total air power equal to or less than 150 horsepower. When 
determining the duty points of a basic model, to establish whether a 
fan includes duty points that meet the scope requirements in terms of 
power limit, DOE will refer to published data, marketing literature, 
and other publicly available information about the range of operation 
(i.e., flow, speed, and pressure) of each basic model. If the 
manufacturer only includes 1 single duty point in the fan operating 
range, then the manufacturer is only required to make a representation 
at that one point. In addition, DOE follows the Working Group 
recommendation for establishing the scope power limit as proposed in 
the July 2022 NOPR. Finally, the limit recommended by the Working Group 
recommendation was set to capture the design points that represent the 
majority of the market and therefore corresponds to a limit in terms 
design point not BEP. (EERE-2013-BT-STD-0006, Public Meeting 
Transcript, No. 161 at pp. 96, 100-101) In line with this Working Group 
recommendation, DOE is not relying on BEP to establish the scope of the 
test procedure.
    Regarding fans that are designed to operate outside of the power 
limits but that may include duty points that fall in the scope, DOE 
notes that the manufacturer would be required to test such a fan at the 
duty points that fall in the scope of the test procedure. Regarding 
testing with accessories, DOE addresses this issue in section III.E.12 
of this document.
2. Fans and Blowers Exclusions
    The Working Group recommended the exclusion of circulating fans 
(also known as air circulating fans), induced flow fans, jet fans, and 
cross-flow fans. (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #2 at pp. 2-3) The Working Group also recommended the 
exclusion of safety fans due to low operating hours and specific design 
features that impair efficiency (e.g., high tip clearance), and a 
subset of radial fans that are used for material handling applications 
\26\ (e.g., to move paper dust, sand, etc.).\27\ (Docket No. EERE-2013-
BT-STD-0006, No. 179, Recommendation #2 at pp. 2-3) Table III-1 of this 
document presents the exclusions recommended by the Working Group.
---------------------------------------------------------------------------

    \26\ Specifically, radial housed unshrouded fans, which means a 
radial housed fan for which the impeller blades are attached to a 
backplate and hub (i.e., open radial blade), or to a hub only (i.e., 
open paddle wheel), and with an open front at the impeller's inlet. 
These are different than radial shrouded fans, for which the 
impeller blades are attached to a backplate and to a ring or 
``shroud'' at the impeller's inlet.
    \27\ The discussions of the Working Group related to these 
exclusions can be found in the meeting transcripts, available in the 
fan's energy conservation standard rulemaking docket. (Docket No. 
EERE-2013-BT-STD-0006, Public Meeting Transcript, No. 161 at pp. 63-
70; Public Meeting Transcript, No. 85 at pp. 60-62).

  Table III-1--Fan Categories Recommended for Exclusion by the Working
                                  Group
------------------------------------------------------------------------
 Fan category recommended for exclusion
         by the working group *             Definition in AMCA 214-21
------------------------------------------------------------------------
Radial housed unshrouded fan with        Included in the definition
 diameter less than 30 inches or a        ``radial housed fan'' as noted
 blade width of less than 3 inches.       in Table III[dash]1.
Safety fan.............................  Not defined in AMCA 214-21.
Induced flow fan.......................  ``Induced flow fan'' means a
                                          type of laboratory exhaust fan
                                          with a nozzle and windband;
                                          the fan's outlet airflow is
                                          greater than the inlet airflow
                                          due to induced airflow. All
                                          airflow entering the inlet
                                          exits through the nozzle.
                                          Airflow exiting the windband
                                          includes the nozzle airflow
                                          plus the induced airflow.
Jet fan................................  ``Jet fan'' means a fan
                                          designed and marketed
                                          specifically for producing a
                                          high velocity air jet in a
                                          space to increase its air
                                          momentum. Jet fans are rated
                                          using thrust. Inlets and
                                          outlets are not ducted but may
                                          include acoustic silencers.
Cross-flow fan.........................  ``Cross-flow fan'' means a fan
                                          with a housing that creates an
                                          airflow path through the
                                          impeller in a direction at
                                          right angles to its axis of
                                          rotation and with airflow both
                                          entering and exiting the
                                          impeller at its periphery.
                                          Inlets and outlets can
                                          optionally be ducted.**
------------------------------------------------------------------------
* Note: The Working Group also recommended the exclusion of circulating
  fans (Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendation #2 at
  pp. 2-3), which are defined in AMCA 214-21 as a fan that is not a
  ceiling fan that is used to move air within a space that has no
  provision for connection to ducting or separation of the fan inlet
  from its outlet. The fan is designed to be used for the general
  circulation of air. Circulating fans are discussed in Section III.B.4
  of this document.
** Excluded from AMCA 214-21 and defined in ANSI/AMCA Standard 208,
  ``Calculation of the Fan Energy Index for calculating FEI'' (``AMCA
  208-18'').

    The Petitioners requested that the scope of any future DOE test 
procedure be consistent with the scope described in the term sheet and 
requested the exclusion of fans that cannot be tested per AMCA 210-16 
(i.e., the physical test method referenced in AMCA 214-21).\28\ The 
Petitioners also requested that the scope of the test procedure be 
consistent with ASHRAE 90.1-2019. (Docket No. EERE-2020-BT-PET-0003, 
The Petitioners, No. 1, attachment ``AMCA Petition to DOE Cover Letter 
and Petition [sic] 2020110'' at pp. 7-8)
---------------------------------------------------------------------------

    \28\ For example, circulating fans, ceiling fans, desk fans, jet 
tunnel fans, and induced flow fans (e.g., used in laboratory exhaust 
systems). This is consistent with the scope of the term sheet.
---------------------------------------------------------------------------

    Table III-2 of this document compares the scope exclusions 
requested by the Petitioners in accordance with the commercial and 
industrial fan and blower requirements in ASHRAE 90.1-2019 and the 
scope of exclusions as recommended by the Working Group (other than 
embedded fans and blowers). In the July 2022 NOPR, DOE reviewed the fan 
and blower exclusions to section 6.5.3.1.3 of ASHRAE 90.1-2019 ``Fan 
Efficiency Requirements'' as listed in Table III-2 of this document and 
tentatively determined that these exclusions are covered by the 
exclusions recommended by the Working Group. 87 FR 44194, 44201-44202.

[[Page 27321]]



 Table III-2--Exceptions to Section 6.5.3.1.3 of ASHRAE 90.1-2019 ``Fan
                        Efficiency Requirements''
               [Other than for embedded fans and blowers]
------------------------------------------------------------------------
   Exceptions to section 6.5.3.1.3 of       Included in the exclusions
   ASHRAE 90.1-2019 ``fan efficiency        recommended by the working
             requirements''                           group?
------------------------------------------------------------------------
Fans that are not embedded fans with a   Yes.
 motor nameplate horsepower of less
 than 1.0 hp or with a fan nameplate
 electrical input power of less than
 0.89 kW.
Ceiling fans...........................  Yes (Note: ceiling fans are not
                                          within the scope of the
                                          definition of fans and
                                          blowers).
Fans used for moving gases at            Yes (safety fans).
 temperatures above 482 degrees
 Fahrenheit.
Fans used for operation in explosive     Yes (safety fans).
 atmospheres.
Reversible fans used for tunnel          Yes (jet fans, safety fans).
 ventilation.
Fans outside the scope of AMCA 208-18..  Yes (AMCA 208-18 references the
                                          scope of AMCA 210-16).
Fans that are intended to operate only   Yes (safety fans).
 during emergency conditions.
------------------------------------------------------------------------

    In the July 2022 NOPR, DOE noted that in its proposed rulemaking 
for commercial and industrial fans and blowers, the CEC proposed to 
exclude the following categories of fans: (1) safety fans (see section 
III.C.2 of this document for more details on this definition); (2) 
ceiling fans as defined in 10 CFR 430.2; (3) circulating fans; (4) 
induced flow fans; (5) jet fans; (6) cross-flow fans; (7) embedded fans 
as defined in ANSI/AMCA 214-21; \29\ (8) fans mounted in or on motor 
vehicles or other mobile equipment; (9) fans that create a vacuum of 30 
in. wg or greater; \30\ and (10) air curtain unit.\31\ 87 FR 44194, 
44202. See Table III-3 and section III.B.3 for a discussion of embedded 
fans and air curtain units and section III.B.5 for a discussion of fans 
mounted in or on motor vehicles or other mobile equipment.
---------------------------------------------------------------------------

    \29\ As defined in ANSI/AMCA 214-21: ``A fan that is part of a 
manufactured assembly where the assembly includes functions other 
than air movement.''
    \30\ CEC proposed excluding these fans because AMCA 214-21 is 
not applicable to this equipment. See CEC's Initial Statement of 
Reason, available at efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01.
    \31\ When the NOPR was issued, the CEC defined an air curtain 
unit as equipment providing a directionally controlled stream of air 
moving across the entire height and width of an opening that reduces 
the infiltration or transfer of air from one side of the opening to 
the other and/or inhibits the passage of insects, dust, or debris. 
87 44194, 44260 fn 25.

Table III-3--Fans Recommended for Exclusion by the Working Group and the
                  Corresponding CEC Proposed Exclusions
------------------------------------------------------------------------
                                              Corresponding term and
 Fans recommended for exclusion by the       definition proposed for
            working group *                 exclusion in CEC  proposed
                                                 regulatory text
------------------------------------------------------------------------
Radial housed unshrouded fan with        Not excluded by the CEC
 diameter less than 30 inches or a        proposed regulatory text.
 blade width of less than 3 inches.
Safety fan.............................  ``Safety Fan'' See section
                                          III.C.2 of this document.
Induced flow fan.......................  ``Induced flow fan'' means a
                                          type of laboratory exhaust fan
                                          with nozzle and windband; the
                                          fan's outlet airflow is
                                          greater than the inlet airflow
                                          due to induced airflow. All
                                          airflow entering the inlet
                                          exits through the nozzle.
                                          Airflow exiting the windband
                                          includes the nozzle airflow as
                                          well as the induced airflow.
Jet fan................................  ``Jet fan'' means a fan
                                          designed and marketed
                                          specifically to produce a high-
                                          velocity air jet in a space to
                                          increase its air momentum. Jet
                                          fans are rated using thrust.
                                          Inlets and outlets are not
                                          ducted but may include
                                          acoustic silencers.
Cross-flow fan.........................  ``Cross-flow fan'' means a fan
                                          with a housing that creates an
                                          airflow path through the
                                          impeller, in a direction at
                                          right angles to the axis of
                                          rotation and with airflow both
                                          entering and exiting the
                                          impeller at the periphery.
                                          Inlets and outlets can
                                          optionally be ducted.
------------------------------------------------------------------------
* Note: The Working Group also recommended the exclusion of circulating
  fans, which are also excluded from the CEC proposed regulation and
  defined as a fan that is not a ceiling fan that is used to move air
  within a space, that has no provision for connection to ducting or
  separation of the fan inlet from its outlet. The fan is designed to be
  used for the general circulation of air. Circulating fans are
  discussed in section III.B.4 of this document.

    In the July 2022 NOPR, DOE reviewed the exclusions recommended by 
the Working Group, the exclusions requested by the Petitioners, the 
exclusions provided in the proposed CEC regulations, and comments 
received and proposed to exclude from the proposed DOE test procedure 
the following fans and blowers: (1) radial housed unshrouded fans with 
a diameter less than 30 inches or a blade width of less than 3 inches; 
(2) safety fans; (3) induced flow fans; (4) jet fans; and (5) cross-
flow fans. 87 FR 44194, 44202.
    AMCA commented in support of the proposed exclusions of (1) radial 
housed unshrouded fans with a diameter less than 30 inches or a blade 
width of less than 3 inches; (2) safety fans; (3) induced flow fans; 
(4) jet fans; and (5) cross-flow fans. AMCA noted that these are 
consistent with the ASRAC term sheet. (AMCA, No. 41 at p. 6)
    DOE did not receive any other comments on these exclusions and thus 
excludes from the DOE test procedure

[[Page 27322]]

the following fans and blowers: (1) radial housed unshrouded fans with 
a diameter less than 30 inches or a blade width of less than 3 inches; 
(2) safety fans; (3) induced flow fans; (4) jet fans; and (5) cross-
flow fans.
    In the July 2022 NOPR, DOE also stated that it was considering 
including an exclusion, consistent with the findings of the CEC, for 
fans that create a vacuum of 30 in. wg or greater. DOE tentatively 
determined that a test using AMCA 210-16 may not result in a 
measurement of energy use or energy efficiency during a representative 
average use cycle for fans that are exclusively used to create a vacuum 
rather than produce airflow. 87 FR 44194, 44203.
    In response to the July 2022 NOPR, the CEC recommended excluding 
fans that create a vacuum of 30 in. wg or greater because these fans 
have different operating conditions (run in stall) and will require a 
different way to measure their efficiency. (CEC, No. 30 at p. 2)
    The CA IOUs requested that DOE exclude fans that create a vacuum of 
30 in. wg or greater from the proposed scope. The CA IOUs explained 
that typically, fans that create a high vacuum operate in the unstable 
range and must be reinforced with heavy housings and oversized bearings 
to handle unstable operating conditions. The CA IOUs stated that DOE 
may consider the 30 in. wg. too low and if so, requested DOE find an 
appropriate level. (CA IOUs, No. 37 at . 8)
    DOE has determined that a test using AMCA 210-16 may not result in 
a measurement of energy use or energy efficiency during a 
representative average use cycle for fans that are exclusively used to 
create a vacuum rather than produce airflow. As noted by the CEC and 
the CA IOUs, these fans operate in the stalling region (or unstable 
range). Further as noted by the CEC, such fans would require a 
different way to measure their efficiency. Therefore, in this final 
rule, DOE excludes fans that create a vacuum of 30 in. wg or greater. 
Additionally, as discussed in section III.C.2 of this document, DOE 
excludes fans that designed and marketed to operate at or above 482 
degrees Fahrenheit (250 degrees Celsius).
3. Embedded Fans and Blowers Exclusions
    In addition to the specific exclusions discussed in the prior 
section, DOE also proposed excluding certain ``embedded'' fans from the 
scope of the test procedure. Fans can be distributed in commerce as 
standalone equipment or can be distributed in commerce incorporated 
into other equipment that requires a fan to operate. 87 FR 44194, 
44203.
    Section 3.25.3 of AMCA 214-21 defines a ``standalone fan'' as ``a 
fan in at least a minimum testable configuration. This includes any 
driver, transmission or motor controller if included in the rated fan. 
It also includes any appurtenances included in the rated fan, and it 
excludes the impact of any surrounding equipment whose purpose exceeds 
or is different than that of the fan.'' \32\ Section 3.25.4 of AMCA 
214-21 defines the term ``embedded fan'' as ``a fan that is part of a 
manufactured assembly where the assembly includes functions other than 
air movement.''
---------------------------------------------------------------------------

    \32\ Additionally, AMCA 214-21 defines a minimum testable 
configuration as ``A fan having at least an impeller; shaft and 
bearings and/or driver to support the impeller; and its structure or 
its housing.'' See Section 3.53 of AMCA 214-21.
---------------------------------------------------------------------------

    The Working Group recommended excluding certain embedded fans. See 
Table III-4 of this document. (Docket No. EERE-2013-BT-STD-0006, No. 
179, Recommendations #2 and #3 at pp. 2-4)

   Table III-4--Embedded Fans Recommended for Exclusion by the Working
                                  Group
------------------------------------------------------------------------
                            Fans embedded in:
-------------------------------------------------------------------------
Single-phase central air conditioners and heat pumps rated with a
 certified cooling capacity less than 65,000 British thermal units per
 hour (``Btu/h''), that are subject to DOE's energy conservation
 standard at 10 CFR 430.32(c).
Three-phase, air-cooled, small commercial packaged air-conditioning and
 heating equipment rated with a certified cooling capacity less than
 65,000 Btu/h, that are subject to DOE's energy conservation standard at
 10 CFR 431.97(b).
Residential furnaces that are subject to DOE's energy conservation
 standard at 10 CFR 430.32(y).
Transport refrigeration (i.e., Trailer refrigeration, Self-powered truck
 refrigeration, Vehicle-powered truck refrigeration, Marine/Rail
 container refrigerant), and fans exclusively powered by internal
 combustion engines.
Vacuum cleaners.*
Heat Rejection Equipment:
     Packaged evaporative open circuit cooling towers.
     Evaporative field-erected open circuit cooling towers.
     Packaged evaporative closed-circuit cooling towers.
     Evaporative field-erected closed-circuit cooling towers.
     Packaged evaporative condensers.
     Field-erected evaporative condensers.
     Packaged air-cooled (dry) coolers.
     Field-erected air-cooled (dry) coolers.
     Air-cooled steam condensers.
     Hybrid (water saving) versions of all of the previously
     listed equipment that contain both evaporative and air-cooled heat
     exchange sections.
Air curtains.
Air-cooled commercial package air conditioners and heat pumps (CUAC,
 CUHP) with a certified cooling capacity between 5.5 tons (65,000 Btu/h)
 and 63.5 tons (760,000 Btu/h) that are subject to DOE's energy
 conservation standard at 10 CFR 431.97(b).**
Water-cooled and evaporatively-cooled commercial air conditioners and
 water-source commercial heat pumps that are subject to DOE's energy
 conservation standard at 10 CFR 431.97(b).**
Single package vertical air conditioners and heat pumps that are subject
 to DOE's energy conservation standard at 10 CFR 431.97(d).**
Packaged terminal air conditioners (PTAC) and packaged terminal heat
 pumps (PTHP) that are subject to DOE's energy conservation standard at
 10 CFR 431.97(c).**
Computer room air conditioners that are subject to DOE's energy
 conservation standard at 10 CFR 431.97(e).**

[[Page 27323]]

 
Variable refrigerant flow multi-split air conditioners and heat pumps
 that are subject to DOE's energy conservation standard at 10 CFR
 431.97(f).**
------------------------------------------------------------------------
* Although the term sheet specifies ``vacuum,'' the term was intended to
  designate vacuum cleaners. (Docket No. EERE-2013-BT-STD-0006; AHRI,
  Public Meeting Transcript, No. 166 at p. 11).
** The recommendation only applies to supply and condenser fans embedded
  in this equipment.

    Stated more generally, the exclusions recommended by the Working 
Group would exclude from the scope of the test procedure fans that are 
embedded in regulated equipment for which the DOE metric captures the 
energy consumption of the fan.\33\
---------------------------------------------------------------------------

    \33\ The Working Group created a subgroup to propose potential 
embedded fan exclusions, which were subsequently voted on by the 
Working Group. The information used by the subgroup to develop the 
proposal is available in the fans energy conservation standard 
rulemaking docket. (Docket No. EERE-2013-BT-STD-0006, No. 125.2)
---------------------------------------------------------------------------

    The Working Group further recommended for fans embedded in non-
regulated equipment, and/or embedded in regulated equipment other than 
listed in Appendix B of the term sheet, and/or any fans that are not 
supply and condenser fans in regulated equipment listed in Appendix B 
of the term sheet, that the first manufacturer of a testable 
configuration \34\ would be responsible for certifying the standalone 
fan performance to DOE. (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #4 at p. 4) \35\
---------------------------------------------------------------------------

    \34\ AMCA 214-21 defines the ``minimal testable configuration'' 
as a fan having at least an impeller; shaft and bearings and/or 
driver to support the impeller; and its structure or its housing.
    \35\ As part of this recommendation, the Working Group also 
recommended that if a manufacturer purchases a standalone fan to 
incorporate in a product or in equipment, that manufacturer must 
ensure that the design operating range (or design point) of the 
embedded fan is within the certified operating range of the 
standalone fan and disclose the design operating range (or design 
point) of the embedded fan to the end-user. This issue does not 
relate to the test procedure and is not discussed in this document.
---------------------------------------------------------------------------

    The Petitioners requested that the scope of any DOE test procedure 
be consistent with the scope of the term sheet. The Petitioners also 
requested the test-procedure scope for commercial fans be consistent 
with ASHRAE 90.1-2019, and additionally exclude embedded fans that are 
part of equipment listed in section 6.4.1.1 of ASHRAE 90.1-2019. ASHRAE 
90.1-2019 (See Table III-6 of this document). (Docket No. EERE-2020-BT-
PET-0003, The Petitioners, No. 1, attachment ``AMCA Petition to DOE 
Cover Letter and Petition [sic] 2020110'' at pp. 7-8)
    The additional exclusions for embedded fans that are part of 
equipment listed in section 6.4.1.1 of ASHRAE 90.1-2019 as requested by 
AMCA are included in the fan and blower exclusions to section 6.5.3.1.3 
of ASHRAE 90.1-2019, ``Fan Efficiency Requirements,'' and presented in 
Table III-5 of this document.

 Table III-5--Embedded Fan and Blower Exclusions to Section 6.5.3.1.3 of
            ASHRAE 90.1-2019 ``Fan Efficiency Requirements''
------------------------------------------------------------------------
 Embedded fan and blower exclusions to      Included in the exclusion
 section 6.5.3.1.3 of ASHRAE 90.1-2019,     recommended by the working
    ``fan efficiency requirements''                   group?
------------------------------------------------------------------------
Embedded fans and fan arrays with a      No.
 combined motor nameplate horsepower of
 5 hp or less or with a fan system
 electrical input power of 4.1 kW or
 less.
Embedded fans that are part of           See Table III[dash]7.
 equipment listed under section
 6.4.1.1..
Embedded fans included in equipment      No.
 bearing a third party-certified seal
 for air or energy performance of the
 equipment package.
------------------------------------------------------------------------


  Table III-6--Equipment Listed in Section 6.4.1.1 of ASHRAE 90.1-2019
 ``Minimum Equipment Efficiencies--Listed Equipment--Standard Rating and
                         Operating Conditions''
------------------------------------------------------------------------
                                           Included in the embedded fan
           Fans embedded in:              exclusions recommended by the
                                                  working group?
------------------------------------------------------------------------
Electrically Operated Unitary Air        Partially. This category
 Conditioners.                            includes equipment above
                                          760,000 Btu/h. The exclusions
                                          in the term sheet apply only
                                          to fans embedded in equipment
                                          above 65,000 Btu/h and below
                                          760,000 Btu/h (equivalent to
                                          5.5 tons and 63.5 tons,
                                          respectively as stated in the
                                          term sheet). In addition, the
                                          term sheet specifies that the
                                          exclusions would apply only to
                                          embedded ``supply and
                                          condenser fans.''
Electrically Operated Air-Cooled         Partially. This category
 Unitary Heat Pumps.                      includes equipment above
                                          760,000 Btu/h. The exclusions
                                          in the term sheet apply only
                                          to fans embedded in equipment
                                          below 760,000 Btu/h. In
                                          addition, the term sheet
                                          specifies that the exclusion
                                          would apply only to embedded
                                          ``supply and condenser fans.''
Air-, water-, and evaporatively cooled   Yes, these fans are below 1 hp.
 Condensing Units.                        In addition, it is specified
                                          in Table 6.8.1-1 of ASHRAE
                                          90.1-2019 that this category
                                          only includes equipment
                                          greater than or equal to
                                          135,000 Btu/h.
Water-Chilling Packages................  No.
Electrically Operated Packaged Terminal  Yes. However, the term sheet
 Air Conditioners, Packaged Terminal      specifies that the exclusion
 Heat Pumps, Single-Package Vertical      would apply only to embedded
 Air Conditioners, and Single-Package     ``supply and condenser fans.''
 Vertical Heat Pumps.

[[Page 27324]]

 
Room Air-conditioners and Air-           Yes. These fans are below 1 hp.
 conditioner Heat pumps.
Warm-Air Furnaces and Combination Warm-  No.
 Air Furnaces/Air-Conditioning Units,
 Warm-Air Duct Furnaces, and Unit
 Heaters.
Gas- and Oil-Fired Boilers.............  Partially. Some of these fans
                                          are below 1 hp.
Heat-Rejection Equipment...............  Yes.
Electrically Operated Variable-          Yes. However, the term sheet
 Refrigerant-Flow Air Conditioners.       specifies that the exclusion
                                          would apply only to embedded
                                          ``supply and condenser fans.''
Electrically Operated Variable-          Partially. This category
 Refrigerant-Flow and Applied Heat        includes ground water source
 Pumps.                                   and ground source equipment
                                          that is not regulated by DOE
                                          and that was not included in
                                          the term sheet exclusions. In
                                          addition, the term sheet
                                          specifies that the exclusion
                                          would apply only to embedded
                                          ``supply and condenser fans.''
Floor-Mounted Air Conditioners and       Partially. This category
 Condensing Units Serving Computer        includes equipment greater
 Rooms.                                   than or equal to 760,000 Btu/
                                          h, which are not regulated by
                                          DOE.
Commercial Refrigerators, Commercial     Yes. These fans are below 1 hp.
 Freezers, and Refrigeration.
Vapor-Compression-Based Indoor Pool      Yes. These fans are below 1 hp.
 Dehumidifiers.
Electrically Operated direct-expansion   No.
 dedicated outdoor air system Units,
 Single-Package and Remote Condenser,
 without Energy Recovery.
Electrically Operated direct-expansion   No.
 dedicated outdoor air system Units,
 Single-Package and Remote Condenser,
 with Energy Recovery.
Electrically Operated Water-Source Heat  Partially. This category
 Pumps.                                   includes ground water source
                                          and ground source equipment
                                          that is not regulated by DOE
                                          and was not included in the
                                          term sheet exclusions. In
                                          addition, the term sheet
                                          specifies that the exclusion
                                          would apply only to embedded
                                          ``supply and condenser fans.''
Heat Pump and Heat Recovery Chiller      No.
 Packages.
Ceiling-Mounted Computer-Room Air        Partially. The term sheet only
 Conditioners.                            excludes embedded fans in
                                          computer room air conditioners
                                          that are subject to DOE energy
                                          conservation standards.
Walk-In Cooler and Freezer Display Door  Yes. These fans are below 1 hp.
Walk-In Cooler and Freezer Non-Display   Yes. These fans are below 1 hp.
 Door.
Walk-In Cooler and Freezer               Yes. These fans are below 1 hp.
 Refrigeration System.
------------------------------------------------------------------------

    In the July 2022 NOPR, DOE noted that in its proposed regulation, 
the CEC proposed to exclude embedded fans, as defined in AMCA 214-21, 
including embedded fans in air curtain units.\36\ In its staff report, 
the CEC stated that its proposal would exclude fans embedded in 
regulated and non-regulated equipment where the main function is other 
than the movement of air, as long as the fan is not sold or offered for 
sale as a standalone product.\37\ As reasons for exclusion, the CEC 
stated that these fans are either manufactured by an original equipment 
manufacturer (OEM), who embeds the fan in a piece of equipment where 
the main function is something other than the movement of air, or 
because they are manufactured for the purpose of being embedded into an 
appliance after market.\38\ The CEC also discussed the potential 
complexity of testing embedded fans and the accuracy of the results. 
See section III.E.9 of this document for further discussion related to 
testing 87 FR 44194, 44206-44207.
---------------------------------------------------------------------------

    \36\ See Proposed regulatory language for Commercial and 
Industrial Fans and Blowers, Docket No. 22-AAER-01 at 
efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01. 
Note: Since the publication of the July 2022 NOPR, on September 9, 
2022, the CEC has published Express terms with implemented 
amendments to the proposed regulation for Commercial and Industrial 
Fans and Blowers Efficiency.
    \37\ See CEC Commercial and Industrial Fans and Blowers Staff 
Report, Docket No. 22-AAER-01, TN #241951 at p. 16.
    \38\ Id.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE proposed to exclude fans embedded in 
equipment listed in Table III-4 of this document, as long as the fan is 
not distributed in commerce as a standalone product, consistent with 
the Working Group term sheet scope recommendations related to embedded 
fans. (Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendations #2 
and #3 at pp. 2-4) DOE noted that the equipment listed in Table III-4 
of this document includes equipment that is separately regulated by DOE 
(``covered equipment'') as well as non-covered equipment (i.e., 
transportation refrigeration equipment, vacuum cleaners, heat rejection 
equipment, and air curtains). 87 FR 44194, 44207. The rest of this 
section discusses the comments received on each proposed exclusion and 
DOE's decision for this final rule.
    Greenheck commented that DOE should consider adopting the ASAP/
NRDC/ACEEE proposal to CEC \39\ regarding the issue of embedded fans in 
equipment. Greenheck commented that the recommendation includes a two-
phase rulemaking approach allowing for expeditious rulemaking in phase 
one for fans, while continuing to provide additional opportunities for 
energy savings in phase two for built-up equipment that includes 
embedded fans. Greenheck commented that including embedded fans in the 
scope adds significant complexity and a two-phase approach would 
provide time for additional investigation of all impacts for embedded 
fans. In addition, Greenheck noted that equipment incorporating fans 
are already tested at a component level, or as an entire system to AHRI 
test standards, building energy codes, and in some cases, DOE test 
standards (e.g., dedicated outdoor air systems equipment). Further,

[[Page 27325]]

Greenheck commented that it, as well as other manufacturers of 
equipment that include a combination of fans, heating, cooling, 
filtration, energy recovery, and/or other components, publishes 
performance data for embedded fans as installed in the equipment. 
Greenheck commented that performance data for the fan in the minimum 
testable configuration is typically not available and to comply with 
the scope of the DOE NOPR, manufacturers would have to retest embedded 
fans in their minimum testable configuration. Greenheck commented that 
the testing burden is significant and will force manufacturers to 
prioritize their resources on the testing required to comply with this 
regulation, rather than improving the overall efficiency of the 
equipment. Greenheck asserted that the embedded fans are only a portion 
of the overall energy consumption of these products and that regulating 
the equipment holistically like AHRI 920 for direct-expansion dedicated 
outdoor air systems (``DX-DOASes'') will result in the largest 
reduction in energy consumption. (Greenheck, No. 39 at pp. 5-6)
---------------------------------------------------------------------------

    \39\ See: efiling.energy.ca.gov/GetDocument.aspx?tn=224830.
---------------------------------------------------------------------------

    AHAM opposed the development of test procedures, energy 
conservation standards, and/or certification requirements for 
categories of commercial and industrial fans and blowers that are 
component parts of home appliances and supported a finished-product 
approach to energy efficiency regulation. AHAM commented that expanding 
the test procedure or coverage to embedded fans used in home appliances 
could push finished product manufacturers to more expensive components 
and increase the cost of appliances and equipment, while not 
necessarily improving the energy performance of the finished product 
and potentially impacting the efficacy of products such as range hoods. 
AHAM added that it would significantly increase burden on manufacturers 
if manufacturers of products that incorporate embedded fans are 
suddenly forced to certify compliance with standards for component 
parts, including the testing, paperwork, and record-keeping 
requirements that accompany certification and the risks associated with 
enforcement. AHAM commented that the manufacturer additional burden 
would not be outweighed by a corresponding benefit. Further, AHAM 
stated a concern that for both for embedded fans and air circulating 
fans, the proposed efficiency requirements could drive performance 
challenges due to reduced air flow. AHAM commented that given that many 
products using fans are used to improve indoor air quality, such as 
range hoods/downdraft fans, this is an undesirable result, which could 
impact consumer health and safety for the long term. In addition, for 
air circulating fans, AHAM commented that this would reduce the 
performance of the primary function of the fan. AHAM also commented 
that for covered products, there is no benefit to requiring embedded 
fans to meet an energy conservation standard or to be tested. AHAM 
stated that those products are already regulated by DOE and many 
manufacturers turn to more efficient designs that include components, 
such as more efficient fans to meet more stringent energy conservation 
standards. (AHAM, No. 35 at pp. 6-7)
    AHRI commented that DOE is proposing changes to the scope of test 
procedures for commercial fans that would include fans destined for 
particular applications in finished goods. AHRI stated disagreement 
with DOE's plan to expand the existing scope of coverage of commercial 
fans to include these products. AHRI commented that embedded fan 
testing, and ultimately energy conservation standards, would save 
minimal, if any, energy and would create needless testing, paperwork, 
and record-keeping requirements that would raise costs for consumers. 
In addition, AHRI commented that the foreword of AMCA 214-21 notes, 
``AMCA Standard 214 primarily is for fans that are tested alone or with 
motors and drives; it does not apply to fans tested embedded inside of 
other equipment.'' AHRI commented that there is no normative procedure 
for applying a stand-alone fan metric to embedded applications and 
therefore recommended to only include stand-alone fans in this 
regulation. (AHRI, No. 40 at p. 8) In addition, AHRI commented that 
there are a variety of safety standards affected by air flow in 
addition to the performance standards. AHRI commented that testing of 
all legacy equipment because of a fan change will be cost and resource 
prohibitive. AHRI added that if a replacement fan is not compliant 
then, in most cases, an engineered-to-fit substitution would be 
required, along with requisite reliability, robustness assurance 
actions, and safety standard compliance. AHRI commented that costs, 
risks, and time required to retest heating, ventilation, air-
conditioning and refrigeration (``HVACR'') and water heating equipment 
would all be prohibitive and could be impractical if the HVACR and 
water heating equipment are out of production. Further, AHRI commented 
that manufacturers would be forced to rebuild an out-of-production unit 
solely for the purpose of testing the new fan or risk abandoning a 
reasonable repair path for consumers. AHRI further stated that there 
may be instances where such part substitution makes sense, but that is 
not a reasonable basis for a broad scope to a component's test 
procedure. (AHRI, No. 40 at pp. 9-10)
    JCI commented that the proposed changes will likely result in 
elimination of current fans for those products ``outside the scope'' of 
this rulemaking as an unintended consequence as fan manufactures will 
seek to standardize designs and eliminate options. Therefore, per the 
recommendation of the term sheet, JCI recommends that all embedded fans 
be excluded from the scope of this rulemaking. JCI further commented 
that there also appears to be a major design limitation as there are 
few if any existing outdoor condenser fan designs, which have a FEI > 
1.0. JCI stated that this issue by itself presents a major design and 
test hurdle as direct drive plenum fans are not designed to be utilized 
in a traditional outdoor, condenser exhaust configuration such as a 
rooftop unit. (JCI, No. 34 at p. 2)
    DOE notes that this final rule does not establish any certification 
requirements and energy conservation standards for fans and blowers and 
would not require any fan replacements or redesigns and would not 
result in any changes in fan performance, or in the elimination of fan 
models, or in the need to retest HVARC equipment, or added 
certification burden. In addition, as discussed in section III.B.3.b of 
this document, DOE is implementing exclusions for fans embedded in 
covered equipment where the DOE metric already captures the energy use 
of the fans, such as supply and condenser fans embedded in DX-DOASes 
subject to any DOE test procedures in appendix B to subpart F of part 
431. Finally, as discussed in section III.E.9 of this document, DOE 
determined that some fan manufacturers test embedded fans as standalone 
fans and therefore DOE has determined that there is value in 
establishing a standardized test method for these fans.
    AHRI commented that as DOE has indicated in a prior notice of 
proposed determination and request for comment on small electric 
motors, DOE should maintain consistency in its rulemaking process and 
seek to establish regulatory coverage over equipment rather than the 
components in such equipment. (AHRI, No. 40 at p. 9)
    Trane commented that if changing an embedded fan necessitates the 
re-optimization or redesign of Trane's

[[Page 27326]]

products, it will be forced to make trade-offs within the design of the 
product itself in order to maintain the most cost-competitive price 
point. Trane stated that for products which must already meet an energy 
performance metric that captures the fans, including the majority of 
fans in large commercial unitary air conditioners and air compressors, 
this will mean an energy-neutral change to the overall performance of 
the product. As an example, if a Trane large commercial air conditioner 
must be redesigned to accommodate a larger supply fan, downgrades to 
the compressors and/or heat exchangers would have to be made in order 
to control costs. The new product would have a similar Integrated 
Energy Efficiency Ratio (IEER)--washing out the energy savings from the 
supply fan--but would be larger, more expensive, and sub-optimal. 
(Trane, No. 38 at p. 3)
    DOE notes that this final rule does not establish any energy 
conservation standards for fans and blowers and would not impact the 
efficiency and performance of fans embedded in covered equipment or 
products. In addition, EPCA provides that no standard prescribed for 
small electric motors (i.e., those regulated in 10 CFR part 431, 
subpart X) shall apply to any such motor that is a component of a 
covered product under EPCA or of covered equipment under EPCA. (42 
U.S.C. 6317(b)(3)) EPCA does not establish any such prohibition for 
fans and blowers. DOE further notes that EPCA does not establish any 
such prohibition for electric motors either. See 42 U.S.C. 6313(b)(1) 
(providing that standards for electric motors be applied to electric 
motors manufactured ``alone or as a component of another piece of 
equipment'').
    AHRI commented that requests have been made to lower the power 
threshold from less than or equal to 1hp, to less than or equal to 
0.25hp, which would include a large swath of fans used in residential 
products, including residential central air conditioners and heat 
pumps. AHRI stated that in order to regulate ``industrial equipment 
articles'' that are component parts of consumer products, DOE must 
determine that ``such articles are, to a significant extent, 
distributed in commerce other than as component parts for consumer 
products.'' (42 U.S.C. 6312(c)(1)) AHRI commented that in general, DOE 
regulates products as a whole and not by component. Although DOE has 
previously regulated furnace fans and electric motors, AHRI commented 
that DOE did so under unique authority provided in the sections of EPCA 
specific to those products and equipment.\40\ AHRI commented that under 
the general industrial component requirement to show that embedded fans 
are distributed in commerce other than as component parts in a consumer 
product, DOE does not have the authority to regulate fans that are 
embedded in consumer products. (AHRI, No. 40 at pp. 5-6)
---------------------------------------------------------------------------

    \40\ AHRI commented that DOE is required by EPCA to consider and 
prescribe new energy conservation standards or energy use standards 
for electricity used for purposes of circulating air through duct 
work. Id. 42 U.S.C. 6295(f)(4)(D); Id. 42 U.S.C. 6313(b)(1) 
(covering electric motors ``alone or as a component of another piece 
of equipment'').
---------------------------------------------------------------------------

    As discussed, on August 19, 2021, DOE published a final 
determination classifying certain fans and blowers as covered equipment 
and determining that fans and blowers meet the three statutory criteria 
for classifying industrial equipment as covered (42 U.S.C. 6311(2)(A)), 
including that fans and blowers are to a significant extent distributed 
in commerce for industrial or commercial use. See 86 FR 46579, 46586-
46588. Further, ``covered equipment'' consists of certain industrial 
equipment, which in turn excludes covered products, other than 
industrial equipment that is a component of a covered product. (42 
U.S.C. 6311(1) and (2)(A)(iii) DOE also noted, in a footnote, that 
distribution for residential use does not preclude coverage as covered 
equipment so long as to a significant extent the equipment is of a type 
that is also distributed in commerce for industrial and commercial use. 
See 86 FR 46579, 46586. As such, DOE disagrees with AHRI's assessment 
of DOE's authority. DOE can regulate fans and blowers embedded in a 
covered product.
a. Fans and Blowers Embedded in Non-Covered Equipment
    Consistent with the Working Group term sheet scope recommendation 
(Docket No. EERE-2013-BT-STD-0006-0179, Recommendation #2 at p. 2), DOE 
proposed to exclude fans that are exclusively embedded in transport 
refrigeration (i.e., trailer refrigeration, self-powered truck 
refrigeration, vehicle-powered truck refrigeration, and marine/rail 
container refrigeration) from the scope of the test procedure. 87 FR 
44194, 44207.
    In response to the July 2022 NOPR, the CEC recommended excluding 
fans mounted in motor vehicles or other mobile equipment since the fans 
are smaller in size and, although they require electricity to operate, 
the source of electrical power is generated by the engine of the motor 
and not the public electrical grid. The CEC noted that Table III-8 of 
the July 2022 NOPR may provide the exclusion for these fans, but that 
the wording was unclear (CEC, No. 30 at p. 2)
    DOE did not receive any additional comments on this exclusion. 
Further, because DOE is not adopting a definition of ``exclusively 
embedded fan'' (see section of this III.B.3.c document) in this final 
rule, DOE excludes fans that are embedded in transport refrigeration 
and removed the term ``exclusively'' as proposed in the July 2022 NOPR. 
In addition, DOE discusses the exclusion of fan powered by combustion 
engines in section III.B.5 of this document.
    In the July 2022 NOPR, consistent with the Working Group term sheet 
scope recommendation (Docket No. EERE-2013-BT-STD-0006-0179, 
Recommendation #2 at p. 2), DOE proposed to exclude fans exclusively 
embedded in vacuum cleaners from the scope of the test procedure. 87 FR 
44194, 44207.
    In response to the July 2022 NOPR, AHAM agreed that fans embedded 
in consumer/residential vacuum cleaners should be exempt from the 
scope. (AHAM, No. 35 at p. 5)
    AHAM commented that it opposes including fans embedded in consumer 
home appliances, whether those products are DOE ``covered products'' or 
not, in the scope of the test procedure and/or energy conservation 
standards. AHAM noted that fans embedded in most home appliances would 
not be implicated by DOE's currently proposed definition of embedded 
fans because most are under 1 horsepower. However, AHAM noted that a 
lower threshold of 0.25 hp would include fans used in a number of 
covered products.\41\ AHAM added that there are a few products that 
might use fans that meet DOE's definition and AHAM objects to those 
fans being considered commercial and industrial fans. AHAM is concerned 
that coverage of such fans could negatively impact the product 
performance of products such as range hoods/downdraft fans that are 
critical for improving indoor air quality in homes. AHAM commented that 
DOE should exclude embedded fans used in residential products such as 
range hoods/downdraft fans and hand dryers as well as dryer booster 
fans and fans used in commercial clothes dryers.

[[Page 27327]]

Additionally, AHAM is concerned that commercial clothes washers could 
be implicated even by the 1 horsepower limitation and requested that 
DOE specifically exclude fans used in commercial clothes washers from 
the scope of its regulation. (AHAM, No. 35 at pp. 4-5)
---------------------------------------------------------------------------

    \41\ These products include but are not limited to: residential 
refrigerator/freezers, clothes washers and dryers, dishwashers, room 
air conditioners, portable air conditioners, dehumidifiers, and (in 
the future) room air cleaners.
---------------------------------------------------------------------------

    In this final rule, DOE excludes fans that are embedded in vacuum 
cleaners from the scope of the test procedure, as proposed. Further 
because DOE is not adopting a definition of ``exclusively embedded 
fan'' (see section III.B.3.c of this document), DOE removes the use of 
the term ``exclusively'' as proposed in the July 2022 NOPR. DOE notes 
that this final rule establishes a test procedure for fans and blowers 
and does not adopt any energy conservation standards. This final rule 
will not have any impacts on the performance of the fan of the larger 
equipment in which the fan is embedded. In addition, as noted in 
section III.B of this document, DOE establishes a lower shaft input 
power limit of 1 hp (0.89 kW of electrical input power) and that the 
lower power limit of 1 horsepower (0.89 kW) excludes most fans used in 
regulated and non-regulated consumer products, including range hoods. 
Finally, as discussed in section III.B.3.b of this document, DOE is 
implementing exclusions for fans embedded in covered equipment where 
the DOE metric already captures the energy use of the fans.
    In the July 2022 NOPR, consistent with the Working Group term sheet 
scope recommendations (Docket No. EERE-2013-BT-STD-0006-0179, 
Recommendation #2 at p. 2), DOE also proposed to exclude fans 
exclusively embedded in heat rejection equipment from the scope of the 
test procedure (See Table III-4 of this document for a list of the heat 
rejection equipment). DOE noted that fans used in heat rejection 
equipment are primarily fabricated in-house by the heat rejection 
equipment manufacturer and that these fans are not sold in a standalone 
configuration.\42\ 87 FR 44194, 44207.
---------------------------------------------------------------------------

    \42\ In some cases, the heat rejection equipment manufacturer 
may purchase the impeller and assemble the fan in a housing which is 
tied to the structure of the heat rejection equipment.
---------------------------------------------------------------------------

    In response to the July 2022 NOPR, Trane commented that DOE should 
align with the CEC proposed regulation in which the definition of 
embedded fans includes fans used in heat rejection equipment. Trane 
commented that heat rejection fans for HVAC systems are not designed 
for specific flow of air, and thus a metric based on air flow is not 
valid for heat rejection fans such as condenser fans. Trane noted that 
because a heat rejection fan's purpose is to reject heat from a system, 
these fans are designed in conjunction with a heat exchanger solely for 
optimizing removal of heat from a system. Trane commented that 
enforcing fan efficiency requirements on these definite purpose fans 
will require re-optimization of the heat rejection system that will not 
impact overall system efficiency and building energy consumption. Trane 
stated that this would impact manufacturer design cost, manufacturing 
cost, and end customer cost with no measurable energy benefit or 
payback. (Trane, No. 38 at p. 2)
    Trane added that in order to align with CEC and the definitions of 
AMCA 214-21, DOE should add to the list of exclusions: (1) Air cooled 
chillers; and (2) Unitary package units above 760k btu (whose system 
metric is covered in ASHRAE 90.1-2019). (Trane, No. 38 at p. 2)
    The CA IOUs recommended that DOE exclude all condenser fans from 
the scope of the test procedure. The CA IOUs explained that DOE 
proposed to accept the Cooling Tower Institute's recommendation to 
exclude heat rejection fans on various unregulated equipment and agreed 
with this decision as these fans would be difficult or impossible to 
test using the underlying procedures. Furthermore, the CA IOUs stated 
that improving the fan's efficiency would not necessarily improve the 
system's efficiency because of its embedment in a larger system. The CA 
IOUs commented that the same logic would apply to condenser fans in 
other types of equipment (e.g., chillers and unregulated commercial 
unitary air conditioners). (CA IOUs, No. 37 at p. 10)
    Daikin commented that fans used in air-cooled condensers have the 
same issues as fans used in cooling towers and other heat rejection 
equipment. (Public Meeting, No. 18 at p. 16) DOE notes that the Working 
Group did not list chillers and air-cooled condensers, and specifically 
limited the exemption to regulated commercial unitary air conditioners 
with a certified cooling capacity between 5.5 tons (65,000 Btu/h) and 
63.5 tons (760,000 Btu/h). As previously noted, the embedded fan 
exclusions recommended by the Working Group would exclude from the 
scope of the test procedure fans that are embedded in regulated 
equipment for which the DOE metric captures the energy consumption of 
the fan. In line with the approach taken by the Working Group, and as 
discussed in section III.B.3.b of this document, DOE is implementing 
exclusions for fans embedded in covered equipment where the DOE metric 
already captures the energy use of the fans. Chillers are currently not 
a covered equipment and DOE does not regulate commercial unitary air 
conditioners with a certified cooling capacity above 760,000 Btu/h. Air 
cooled condensers are also not regulated by DOE. Although fans used in 
these equipment may face similar issues than fans used in heat 
rejection equipment, both pieces of equipment were not specifically 
listed for exemption by the Working Group. Therefore, DOE is not 
excluding fans used in these categories of equipment. Further, DOE 
excludes other condenser fans in several types of covered equipment, if 
the DOE metric captures the energy use of these fans. (See section 
III.B.3.b of this document.) In addition, in this final rule, DOE is 
not establishing any energy conservation standards and the adoption of 
a test procedure will not impose fan efficiency requirements. For these 
reasons, DOE is maintaining the exclusion of fans embedded in heat 
rejection equipment as proposed in the July 2022 NOPR. Further, because 
DOE is not adopting a definition of ``exclusively embedded fan'' (see 
section of this III.B.3.c document), DOE removes the use of the term 
``exclusively'' as proposed in the July 2022 NOPR.
    In addition, in the July 2022 NOPR, DOE proposed that fans embedded 
in air curtains be excluded from the scope of the proposed test 
procedure. 87 FR 44194, 44207. In response to the July 2022 NOPR, The 
CEC commented in support of the proposed exclusion of air curtains. 
(CEC, No. 30 at p. 2) DOE did not receive any additional comments on 
this issue and is excluding fans in air curtains as proposed.
b. Fans and Blowers Embedded in Covered Equipment
    In the July 2022 NOPR, DOE also proposed that the test procedure 
would exclude fans in covered equipment in which the fan energy use is 
already captured in the equipment specific test procedures. DOE 
proposed to adopt an exclusion for fans embedded in equipment listed in 
Table III-4,\43\ as long as the fan is not distributed in commerce as a 
standalone product. DOE proposed to additionally exclude fans embedded 
in DX-DOASes to reflect the DOE proposed test procedure and metric for 
DX-DOASes that, if adopted,

[[Page 27328]]

would incorporate fan energy use.\44\ DOE noted that the proposed 
exclusions were consistent with the recommendations of the Working 
Group. DOE also noted that the proposed approach would avoid regulating 
fans for which existing DOE regulations account for their energy use by 
excluding such fans from the test procedure if distributed exclusively 
embedded in the listed equipment. DOE proposed that to the extent a fan 
is distributed in commerce as a stand-alone fan, and therefore is not 
limited to use in specific equipment, or embedded in equipment in which 
its energy use is not addressed in a DOE test procedure, such a fan 
would be subject to the DOE test procedure. 87 FR 44194, 44207. Table 
III-7 of this document summarizes the embedded fans proposed for 
exclusion from the scope of the test procedure.
---------------------------------------------------------------------------

    \43\ DOE notes that while the Working Group recommended to 
exclude fans in residential furnaces that are subject to DOE's 
energy conservation standard at 10 CFR 430.32(y), furnace fans are 
excluded from the definition of ``fan and blower'' and therefore do 
not need to be listed as a proposed exclusion.
    \44\ See 86 FR 72874, 72889-72890 (December 23, 2021).

Table III-7--Embedded Fans Excluded From the Scope of the Test Procedure
------------------------------------------------------------------------
                            Fans embedded in:
-------------------------------------------------------------------------
DX-DOASes subject to any DOE test procedures in appendix B to subpart F
 of part 431.*
Single-phase central air conditioners and heat pumps rated with a
 certified cooling capacity less than 65,000 British thermal units per
 hour (``Btu/h''), that are subject to DOE's energy conservation
 standard at 10 CFR 430.32(c).
Three-phase, air-cooled, small commercial packaged air-conditioning and
 heating equipment rated with a certified cooling capacity less than
 65,000 Btu/h, that are subject to DOE's energy conservation standard at
 10 CFR 431.97(b).
Transport refrigeration (i.e., Trailer refrigeration, Self-powered truck
 refrigeration, Vehicle-powered truck refrigeration, Marine/Rail
 container refrigerant), and fans exclusively powered by combustion
 engines.
Vacuum cleaners.
Heat Rejection Equipment:
     Packaged evaporative open circuit cooling towers.
     Evaporative field-erected open circuit cooling towers.
     Packaged evaporative closed-circuit cooling towers.
     Evaporative field-erected closed-circuit cooling towers.
     Packaged evaporative condensers.
     Field-erected evaporative condensers.
     Packaged air-cooled (dry) coolers.
     Field-erected air-cooled (dry) coolers.
     Air-cooled steam condensers.
     Hybrid (water saving) versions of all of the previously
     listed equipment that contain both evaporative and air-cooled heat
     exchange sections.
Air curtains.
** Air-cooled commercial package air conditioners and heat pumps (CUAC,
 CUHP) with a certified cooling capacity between 5.5 tons (65,000 Btu/h)
 and 63.5 tons (760,000 Btu/h) that are subject to DOE's energy
 conservation standard at 10 CFR 431.97(b).
** Water-cooled and evaporatively-cooled commercial air conditioners and
 water-source commercial heat pumps that are subject to DOE's energy
 conservation standard at 10 CFR 431.97(b).
** Single package vertical air conditioners and heat pumps that are
 subject to DOE's energy conservation standard at 10 CFR 431.97(d).
** Packaged terminal air conditioners (PTAC) and packaged terminal heat
 pumps (PTHP) that are subject to DOE's energy conservation standard at
 10 CFR 431.97(c).
** Computer room air conditioners that are subject to DOE's energy
 conservation standard at 10 CFR 431.97(e).
** Variable refrigerant flow multi-split air conditioners and heat pumps
 that are subject to DOE's energy conservation standard at 10 CFR
 431.97(f).
------------------------------------------------------------------------
** DX-DOASes are not currently subject to a DOE test procedure. However,
  there is an ongoing rulemaking to establish a test procedure for DX-
  DOASes that DOE anticipates will be finalized before the final rule of
  the fans and blowers rulemaking. Information about this rulemaking can
  be found at www.regulations.gov under Docket No. EERE-2017-BT-TP-0018.
* The exclusion only applies to supply and condenser fans embedded in
  this equipment.

    NEEA commented in support of DOE's definitions and scope for 
inclusion and exemptions of embedded fans, but recommended DOE 
establish a consistent approach to ensure fan efficiency is accounted 
for in other regulated products. NEEA commented that this would include 
a similar methodology for each product, even if the exact conditions 
are not the same across all products. Conceptually, NEEA stated that 
this could function as a checklist to ensure fans are appropriately 
accounted for: (1) the total fan energy use is accounted for in the 
``average period of use'' of that product (e.g., economizing fan energy 
use for CUAC); (2) the testing conditions represent the operating 
conditions of the fan (e.g., representative static pressure for 
packaged HVAC); (3) the benefits of variable speed fans and right 
sizing of a fan are accounted for (i.e., will these energy saving 
measures increase the regulated rating). (NEEA, No. 36 at pp. 7-8)
    DOE accounts for fan energy use on a product-by-product basis. Any 
consideration of fan energy use in other covered product or equipment 
would be addressed in the test procedure rulemakings specific to each 
such product or equipment.
    AHRI recommended that DOE exclude fans embedded in commercial water 
heaters and boilers from the rulemaking. AHRI commented that the metric 
for commercial water heaters includes the embedded fan's energy, 
meeting the criteria which was the basis for limited exclusions in 
regulated products recommended by the Working Group. AHRI commented 
that the test procedure and energy conservation standards for 
commercial boilers do not capture the fan power. However, AHRI 
commented that the actual energy savings potential from applying the 
proposed fan regulation to a boiler or water heater fan itself is 
likely to be small and the total energy consumption of the equipment 
may be increased due to effects on combustion. In addition, AHRI stated 
that the complexity of integrating a new fan system into a boiler or 
water heater is considerable as fans are integral parts of the 
combustion

[[Page 27329]]

systems, raising costs that are ultimately passed on to consumers. AHRI 
commented that the appropriate approach is to work through the 
commercial boiler test standard's consensus process and find a path to 
incorporate the electrical energy used in a boiler system into the test 
procedure and the equipment ratings to include electrical power 
consumption from the fan is currently being drafted. AHRI added that it 
estimates the market of the commercial boiler and water heater 
industries is small, with annual shipments of approximately 20,000 
boiler units and under 2,000 hot water supply boilers. In addition, 
AHRI noted that fans used in commercial storage water heaters are 
virtually all under 1 horsepower and only exceed 1 horsepower in 
commercial boilers and hot water supply boilers with input rates 
exceeding two million Btu/h. For hot water supply boilers, AHRI 
commented that approximately 12 percent of models exceed 2 million Btu/
h, or approximately 250 boilers per year nationally.\45\ Based on these 
shipments, AHRI estimated that the potential 30-year electricity 
savings from commercial boiler fans would be on the order of 0.016 
quads nationally and noted a potential that fan changes will result in 
increased standby losses and reduction in thermal efficiency that would 
result in a net energy loss. AHRI added that given the small degree of 
energy savings and the small shipment volume relative to the 
significant redesign, testing, and certification costs associated with 
incorporating a new fan, it is highly unlikely that there are 
significant positive consumer benefits. (AHRI, No. 40 at pp. 11-12)
---------------------------------------------------------------------------

    \45\ AHRI cited U.S. Department of Energy, Technical Support 
Document: Energy Efficiency Program for Consumer Products and 
Commercial and Industrial Equipment: Commercial Water Heating 
Equipment, April 18, 2016, Figure 3.10.26, p. 3-29).
---------------------------------------------------------------------------

    As noted by AHRI, the metric for commercial water heaters includes 
the embedded fan's energy, meeting the proposed criteria to identify 
the embedded fan exemption. However, as AHRI noted, fans in this 
equipment are below 1 hp shaft power and therefore are already excluded 
based on the adopted power limits discussed in section III.B.1 of this 
document. Therefore, DOE did not propose and is not adopting to 
specifically list this equipment in the list of covered equipment for 
which the fan is excluded from the test procedure. For embedded fans in 
commercial boilers, as noted by AHRI, only the larger units would 
incorporate fans that meet the scope criteria discussed in section 
III.B.1 of this document. However, as noted by AHRI, the current DOE 
test procedure for commercial boilers does not capture the fan energy 
use; therefore, DOE did not propose and is not adopting to list this 
equipment as part of the covered equipment for which the fan is 
excluded from the test procedure. Instead, DOE is exempting fans 
embedded in the equipment listed in Table III-7, as proposed in the 
July 2022 NOPR and continues to exclude fans in covered equipment in 
which the fan energy use is already captured in the equipment specific 
test procedures. Further, because DOE is not adopting a definition of 
``exclusively embedded fan'' (see section of this III.B.3.c document), 
DOE removes the use of the term ``exclusively'' as proposed in the July 
2022 NOPR. In addition, DOE notes that this final rule does not adopt 
energy conservation standards or certification requirements and any 
impacts from setting potential energy conservation standards (including 
equipment redesign and consumer benefits) will be analyzed as part of 
any separate energy conservation standard rule.
    Daikin commented that it was appropriate to exempt embedded fans in 
DOE-regulated products and added that DOE should also exempt fans in 
equipment that are regulated by IECC and [ASHRAE] 90.1 (Public Meeting 
transcript, No. 18 at p. 15-16)
    As noted previously, DOE is exempting fans embedded in the 
equipment listed in Table III-7, as proposed in the July 2022 NOPR and 
continues to exclude fans in covered equipment in which the fan energy 
use is already captured in the equipment specific test procedures. In 
addition, DOE is not exempting fans that are in equipment that are 
regulated by IECC and ASHRAE 90.1, consistent with the term sheet. 
Instead, DOE excludes fans embedded in equipment listed in Table III-7, 
consistent with the Working Group term sheet scope recommendations 
related to embedded fans.
c. Exclusively Embedded Fans
    In the July 2022 NOPR, DOE further clarified that DOE proposed to 
exclude embedded fans that are not distributed in commerce as 
standalone fans. DOE acknowledged that in a number of instances, a 
standalone fan purchased by a manufacturer for incorporation into a 
unit of listed equipment may be indistinguishable based on physical 
features from a fan that is purchased by a manufacturer for 
incorporation into non-listed equipment or from a fan used as a 
standalone fan. DOE noted that during the ASRAC negotiations, AHRI 
conducted a survey of its members to determine the number of fans 
purchased versus manufactured by the equipment manufacturer. (Docket 
No. EERE-2013-BT-STD-0006, AHRI, No. 125.3 at p. 1) AHRI estimated that 
over 80 percent of all fans that are used as components across all 
commercial regulated equipment are manufactured by the equipment 
manufacturer. Id. This percentage was higher for commercial air-
conditioning and heat pump equipment and was estimated to be between 94 
and 99 percent. 87 FR 44194, 44208.
    In order to provide additional specificity as to the fans that 
would be subject to the embedded fan exclusion, in the July 2022 NOPR, 
DOE proposed to use the term ``exclusively embedded fans'' to designate 
the fans covered by the embedded fan exclusion. DOE proposed to define 
``exclusively embedded fan'' as: a fan or blower that is manufactured 
and incorporated into a product or equipment manufactured by the same 
manufacturer and that is exclusively distributed in commerce embedded 
in another product or equipment. Based on this information, DOE 
tentatively determined that the vast majority of fans used as 
components in regulated commercial HVACR equipment would meet the 
proposed definition of exclusively embedded fan and would not be 
subject to the test procedure as proposed in the July 2022 NOPR. DOE 
further provided examples illustrating how the proposed definition of 
exclusively embedded fan would impact whether a fan must be tested and 
certified to DOE. 87 FR 44194, 44208.
    In response to the July 2022 NOPR, ebm-papst commented that it does 
not believe it to be common practice that original equipment 
manufacturers (``OEMs'') fabricate fans in the literal sense. ebm-papst 
added that very few OEMs, if any, in the U.S. fabricate their own 
impellers and that in its experience no American OEMs fabricate their 
own fan motors or their own electronic fan speed controller. However, 
ebm-papst added that it is common practice for OEMs to purchase major 
sub-components from independent suppliers, such as ebm-papst. (ebm-
papst, No. 31 at p. 6)
    Morrison commented that 95 percent of fans it manufactures are used 
in HVAC equipment. (Morrison, No. 42 at p. 3)
    As noted in the July 2022 NOPR, DOE relied on data from AHRI to 
estimate the share of embedded fans that are manufactured in-house by 
OEMs vs. purchased and notes that these

[[Page 27330]]

estimates may not reflect individual manufacturer practices.
    In response to the July 2022 NOPR, DOE received several comments 
related to the proposed definition of ``exclusively embedded fan''.
    AHRI stated support for the AMCA 214-21 definition of an embedded 
fan as ``a fan that is part of a manufactured assembly where the 
assembly includes functions other than air movement.'' (AHRI, No. 40 at 
p. 8)
    NEEA commented in support of DOE's proposals related to embedded 
fans and supports the definition of exclusively embedded fans, which 
adds additional clarity to what is included or excluded from 
regulation. (NEEA, No. 36 at p. 7)
    The Efficiency Advocates supported DOE's proposal regarding 
embedded fans. The Efficiency Advocates commented that generally fans 
can be sold as standalone products or they may be embedded within a 
piece of equipment that requires the fan to operate. The Efficiency 
Advocates commented that in the NOPR, DOE defines ``exclusively 
embedded'' fans and excludes various types of exclusively embedded fans 
consistent with the Working Group recommendations. The Efficiency 
Advocates stated that these exclusions, summarized in Table III-8 of 
the July 2022 NOPR, essentially apply only to embedded fans in 
regulated equipment for which the DOE metric captures the energy 
consumption of the fan. The Efficiency Advocates support this approach 
to help ensure that inefficient fans are not embedded into products for 
which energy use is not captured by a DOE efficiency metric. 
(Efficiency Advocates, No. 32 at p. 2)
    Morrison commented that the exclusively embedded fans it 
manufactures have a clearly identified label with a unique part number 
and are exclusive per the manufacturer, with full traceability through 
the sales order process to a ship-to site. Morrison stated a concern 
about double regulation for parts that are instrumental to the 
equipment's already existing regulation and now an added layer of 
regulation that adds to the cost of products but provides no additional 
energy savings. (Morrison, No. 42 at p. 4) Morrison added that the fans 
it manufactures are built to order for the customer and are 
application-specific designs with unique part numbers on the label that 
identify the customer and location. Morrison stated that all shipments 
have a unique Sales Order that confirms the ship-to location and part 
number and would be traceable to the OEM's appliance. Morrison 
commented that the fans it manufactures are assembled into an appliance 
and nearly all are in the covered product category that has a metric 
inclusive of the fan energy. In addition, Morrison pointed out that 
this proposed added layer of test for standalone fans before embedding 
amounts to duplicate regulation and double counting of the energy 
savings, and that these fans are currently tested by the OEMs in the 
appliance and would not need the added cost of regulation as a fan. 
(Morrison, No. 42 at p. 3)
    AHAM commented that embedded fans used in covered products should 
be excluded. AHAM commented that it is critical that those fans be 
excluded regardless of whether they are imported or sold for inclusion 
in a domestically manufactured product or are imported as part of that 
product. AHAM requested that should DOE include fans that are embedded 
in consumer products, DOE ensure that all embedded fans--whether sold 
for incorporation into the product or imported already in the product--
are treated the same. Otherwise, AHAM commented that domestically 
manufactured products could be at a disadvantage, which is contrary to 
the Administration's goals to increase domestic manufacturing. (AHAM, 
No. 35 at p. 5)
    AHRI commented that all embedded fans, and replacement fans for 
these finished goods, regardless of whether they are domestically 
produced or imported as part of the product, should be exempt. Under 
DOE's proposal, AHRI commented that finished goods manufactured 
overseas would be treated differently from those manufactured 
domestically. AHRI stated that, as proposed, a manufacturer would be 
able to buy and embed a standalone fan and not be subject to the 
regulation if the finished product was imported. However, AHRI added, a 
domestic manufacturer buying a fan for manufacture domestically would 
be subject to the proposed rule, as written, and DOE has not considered 
the burden this places on domestic manufacturers. (AHRI, No. 40 at pp. 
7-8)
    Morrison commented that the exemption for exclusively embedded fans 
would lead to trade-restrictive issues. Morrison commented that using a 
scenario of covered equipment with an exempted embedded fan: (1) If the 
OEM produces the testable fan configuration, then those fans are exempt 
from fan regulation (2) But if an identical fan construction is 
delivered as a testable configuration by a supplier to an OEM factory 
in the U.S., then the fan is considered a standalone fan and therefore 
will be in the scope of the regulation and testing will be required (3) 
On the other hand, if the U.S. OEM has a joint venture north or south 
of the border, then it can receive and install unregulated fans there 
and sell the unit back in the U.S. without any fan regulation (4) 
Another scenario is possible with the OEM factory in a foreign country 
and under that scenario, the embedded fan is exempt from fan 
regulation. Morrison commented that this would appear to promote the 
use of offshore production and would not just favor foreign-made 
equipment but would encourage more use of imported equipment. 
(Morrison, No. 42 at p. 3) Similarly, ebm-papst did not support the 
proposed definition of standalone fans in the NOPR and provided the 
following scenario: If an OEM fabricates the testable fan configuration 
itself, the fans will be exempt from fan regulation. However, ebm-papst 
stated, if an identical fan construction is supplied as a testable 
configuration by a supplier to an OEM factory in the U.S., then the fan 
will become a standalone fan and therefore will be in the scope of the 
regulation. ebm-papst added that if the U.S.-based OEM owns a factory 
outside of the U.S., then it will be permitted to receive and install 
unregulated fans there, and sell the unit in the U.S. ebm-papst further 
commented that if the OEM factory is in a foreign country altogether, 
then the embedded fan will be exempt from the fan regulation. ebm-papst 
commented that the proposed exclusions would be a restraint of domestic 
trade, while favoring foreign OEM factories. (ebm-papst, No. 31 at p.2)
    ebm-papst requested clarification regarding the proposed approach 
to exclude embedded fans if they are fabricated by the OEM, while all 
external fabricators would be burdened by the regulation. (ebm-papst, 
No. 31 at p. 1) ebm-papst requested that DOE ensure that all embedded 
fans--whether sold for incorporation into the product or imported 
already in the product--be treated the same. Otherwise, ebm-papst 
commented that domestically manufactured products could be at a 
disadvantage, which is contrary to the Administration's goals to 
increase domestic manufacturing. Further, ebm-papst commented that 
there are no unique physical features that could be used to distinguish 
a fan that is exclusively designed for use in equipment listed in Table 
III 8 of the NOPR. However, ebm-papst opposes the attempt to treat 
exclusively embedded fans differently, merely due to potential 
differences in the fans' supply chains. (Id. at p. 6)

[[Page 27331]]

    As noted previously, the proposed exclusions for certain embedded 
fans listed in Table III-8 of the July 2022 NOPR, would only apply to 
fans that are manufactured in-house by the manufacturer of the 
equipment or to fans that are imported already embedded in equipment 
listed in Table III-8 of the July 2022. Fans purchased by OEMs in the 
U.S. to be incorporated into equipment listed in Table III-8 of the 
July 2022 NOPR would not be excluded, while fans purchased and 
incorporated by an OEM outside of the U.S. would be excluded. As noted 
by the stakeholders, the proposed definition of exclusively embedded 
fans could therefore disadvantage domestic fan suppliers. For this 
reason, DOE is not establishing a definition of ``exclusively embedded 
fan''. As this time, DOE is not differentiating the embedded fan listed 
for exclusion in Table III-7 depending on whether it is exclusively 
distributed in commerce embedded in another product or equipment listed 
in that table (i.e., depending on whether it is manufactured and 
incorporated into a product or equipment manufactured by the same 
manufacturer). By removing the proposed ``exclusively embedded fan'' 
definition, all embedded fans, whether sold for incorporation into the 
product or already incorporated in the product, would be exempted if 
embedded in equipment listed in Table III-7 of this document. In the 
future, DOE may consider an approach to provide additional specificity 
as to how to identify fans that would be sold for incorporation in 
equipment listed in in Table III-7 of this document.
    JCI requested clarifications on how DOE will verify the performance 
of a fan or blower in a finished-goods unit in the field. JCI asked if 
the fans would have to be removed from equipment and sent to a lab for 
testing. (JCI, No. 34 at p. 2)
    DOE's regulations apply to the point of manufacture and not to the 
equipment as installed in the field. If the fan is embedded in another 
equipment, testing would be performed in accordance with the provisions 
described in section III.E.9 of the document.
    AHAM commented that it does not support an approach that would 
require OEMs to certify embedded fans used in their finished products 
and that would hold OEMs responsible for certification, testing and 
record-keeping for the fans embedded in their products. AHAM commented 
that the fan manufacturers should bear this burden given that they have 
the expertise and facilities to conduct the testing, etc. (AHAM, No. 35 
at p. 7)
    DOE notes that the fan manufacturer would be responsible for 
testing and certifying the fan. If the OEM is also the fan manufacturer 
(and fabricates the fan in-house), then that OEM would be responsible 
for testing and certifying the fan if included in the scope of the test 
procedure.
4. Air Circulating Fans
    In the July 2022 NOPR, DOE noted that AMCA 230-15 (with errata) did 
not include any limitation in terms of input power of the air 
circulating fans that can be tested in accordance with the test 
procedure. DOE further noted that the AMCA committee was considering 
limiting the scope of AMCA 230-15 (with errata) to air circulating fans 
with input power of 125 W and above to focus on commercial and 
industrial fan applications and exclude residential fans, such as tower 
fans and bladeless fans. 87 FR 44194, 44210.
    In the July 2022 NOPR, DOE tentatively determined that the proposed 
test procedure would provide a representative measurement of energy use 
or energy efficiency during a representative average use cycle for all 
air circulating fans. Therefore, at the time, DOE proposed to include 
all categories of air circulating fans in the scope of the proposed 
test procedure; i.e., including equipment with input power less than 
125 W. DOE noted that should additional information justify excluding 
fans with input power less than 125 W from the scope (or any other 
power limit that may be justified), DOE may consider applying a power 
limit in the final rule as considered by the AMCA committee and 
supported by stakeholders. In addition, DOE noted that it may consider 
specifying that 125 W corresponds to the air circulating fan's input 
power at maximum speed. 87 FR 44194, 44210.
    The Efficiency Advocates stated support for including air 
circulating fans within the test procedure scope, so that published 
efficiency information for these products is based on a standardized 
test procedure and to allow DOE to consider future potential energy 
conservation standards. (Efficiency Advocates, No. 32 at p. 2)
    AMCA commented that the stakeholders of residential circulating 
fans are not represented by AMCA and have not previously been involved 
in the fans-and-blowers rulemaking. Additionally, AMCA noted that the 
demarcation of the scope of the AMCA 230 test standard under revision 
will start above 125 W. AMCA questioned if DOE has alerted stakeholders 
of residential circulating fans that they are in the process of being 
regulated as it would be fair to enable them to weigh in on the 
proposed test procedure. (AMCA, No. 41 at p. 5) AMCA recommended the 
exclusion of ACFH with less than 125-W nameplate electrical power, 
which is the demarcation between the published IEC Standard 60879:2019, 
``Comfort fans and regulators for household and similar purpose,'' \46\ 
and AMCA 230 (next revision). AMCA commented that fans covered by IEC 
60879 generally are mass-produced, mass-imported, mass-sales 
residential products, which are made by stakeholders that have not been 
represented in any U.S. fan-regulation activity to date, such as ASRAC, 
California Title 20, or model/state energy codes. (AMCA, No. 41 at pp. 
7-8)
---------------------------------------------------------------------------

    \46\ IEC 60879:2019 specifies the performance-measuring methods 
of comfort fans and regulators for household and similar purposes, 
including conventional fans, tower fans, and bladeless fans, their 
rated voltage being not more than 250 V for single-phase fans and 
480 V for other fans, and their rated power input being less than 
125 W.
---------------------------------------------------------------------------

    ebm-papst recommended limiting the scope of the circulation fan 
test procedure to fans with nameplate power ratings of at least 125 W 
in an effort to keep the focus of this rulemaking on commercial and 
industrial fans. ebm-papst added that the scope of EU 327/2011 is 
limited at 125 W and that lower-power circulation fans are in the scope 
of IEC 60879. (ebm-papst, No. 31 at p. 6)
    Since the publication of the July 2022 NOPR, AMCA published AMCA 
230-23, and this latest version of the industry standard only covers 
air circulating fans with input power greater than or equal to 125 W. 
Further, to date, stakeholders representative of the market of 
circulating fans with input power less than 125 W s have not commented 
on this rulemaking. In addition, in the NOPR, DOE did not review IEC 
60879:2019, which stakeholders indicated would be the most appropriate 
industry test procedure for these fans. For these reasons, at this 
time, DOE is limiting the scope of the test procedures to air 
circulating fans with input power greater than or equal to 125 W, as 
measured by the test procedure at high speed.
    AHAM commented that consumer fans such as desk fans, box fans, 
pedestal fans, should not be included in the scope of commercial and 
industrial fans and blowers. AHAM commented that this would be in 
direct contradiction to EPCA, and consumer fans have different average 
representative uses than commercial and industrial fans. AHAM urged DOE

[[Page 27332]]

to either specifically exclude consumer air circulating fans from the 
scope of coverage and noted that a 125 W limit would be an effective 
way to distinguish consumer fans so long as the 125-W threshold applies 
to the fan rating alone and not to the entire product or the fan and 
motor. AHAM noted this could implicate products like residential fan-
heaters and stated it was unclear whether the relevant definitions in 
the applicable AMCA and IEC 60879 standards would take the products out 
of scope. As such, AHAM requested that DOE make it clear that all 
residential/consumer fans are exempt. AHAM added that it was their 
understanding that DOE's proposal did not include bladeless circulation 
fans in the scope of air circulating fans based on the proposed 
definitions. AHAM agrees that such fans should not be included. AHAM 
added that DOE should treat other consumer fans the same way, i.e., no 
consumer fan should be included in the scope of the commercial and 
industrial fan test procedure or energy conservation standards). (AHAM, 
No. 35 at p. 6)
    AHAM commented against DOE's proposal to include consumer 
(residential) air circulating fans and embedded fans used in consumer 
(residential) products in the scope of its commercial and industrial 
fans and blowers test procedure. AHAM commented that this would be 
contrary to EPCA, DOE's coverage determination, and essential EPCA 
public policy. AHAM commented that consumer fans and fans used in 
consumer products are, by definition, not commercial/industrial fans or 
blowers. AHAM added that Congress's intent was to include only 
commercial and industrial fans and blowers under the scope of ``fans'' 
and ``blowers'' in 42 U.S.C. 6311(2)(B). First, AHAM noted that fans 
and blowers are listed as types of industrial equipment, which 
indicates an intent to cover commercial and industrial equipment, not 
residential/consumer products. Second, AHAM added that in EPCA, fans 
and blowers are not included in Part A, which is for Consumer Products 
other than Automobiles. Third, AHAM stated that fans and blowers by 
definition are industrial equipment, which EPCA defines as equipment 
that ``to any significant extent, is distributed in commerce for 
industrial or commercial use, without regard to whether such article is 
in fact distributed in commerce for industrial or commercial use.'' (42 
U.S.C. 6311(2)(A)(ii)) In particular, AHAM commented that residential 
air circulating fans by definition are clearly consumer products--they 
are not, ``to any significant extent'' distributed in commerce for 
industrial or commercial use and are distributed for use in homes. AHAM 
commented that fans such as desk fans, box fans, and pedestal fans that 
are used in homes are regularly distributed in commerce for personal 
use or consumption by individuals. AHAM commented that if particular 
SKUs are labeled as consumer fans and, in fact, are primarily marketed 
and distributed into the very different commercial/industrial sectors, 
then they can be dealt with through compliance and enforcement efforts 
rather than by over-incorporation of all consumer fans into test 
procedures and standards. AHAM noted that commercial clothes washers 
also appear in the same list of ``covered equipment.'' (42 U.S.C. 
6311(1)(H)) AHAM commented that despite the fact that commercial and 
residential clothes washers share similar construction and are often 
both used by individual consumers, EPCA differentiates them. Thus, AHAM 
stated it was evident that Congress intended to include only truly 
commercial/industrial fans and blowers in the scope of industrial 
equipment. AHAM added that DOE's proposal to include embedded fans used 
in consumer products and residential/consumer air circulating fans in 
the scope of the commercial and industrial fans and blowers rulemaking 
is inconsistent with its previous decision for these products. AHAM 
commented that DOE's final determination of coverage stated that ``[t]o 
qualify as `industrial equipment,' fans and blowers must be, to a 
significant extent, distributed in commerce for industrial and 
commercial use.'' (42 U.S.C. 6311(2)(A)(ii)) AHAM noted that in 
footnote 26 of the final coverage determination, DOE notes that 
distribution for residential use does not preclude coverage as covered 
equipment so long as to a significant extent the equipment is of a type 
that is also distributed in commerce for industrial and commercial use. 
However, AHAM commented that is not the case with fans embedded in 
consumer products (whether they are DOE covered products or not) or 
fans used in homes to circulate air. Thus, AHAM commented that DOE 
should not be including either type of fan under the scope of the 
commercial and industrial fans and blowers test procedure or energy 
conservation standards. AHAM commented that DOE's proposal is not 
consistent with its own guidance on the consumer/commercial distinction 
in EPCA.\47\ Specifically, AHAM noted that residential/consumer fans 
are typically smaller than commercial and industrial fans because they 
are meant to circulate air in smaller spaces and have lower wattage, 
have different durability requirements, and have different safety 
requirements. AHAM commented that UL 507: Standard for Electric Fans 
applies to consumer fans and some commercial fans, but that there are 
also additional safety requirements for commercial fans (e.g., OSHA 
requirements) and UL 507 specifically excludes certain fans. AHAM 
further noted that there are industrial technical guidance requirements 
such as ISO13348 (``Industrial fans--Tolerances, methods of conversion 
and technical data presentation'') \48\ that distinguish household and 
industrial fans. Finally, AHAM noted that residential fans as a product 
type are primarily used in residential applications. AHAM commented 
that the same was true for fans embedded in consumer products. (AHAM, 
No. 35 at pp. 1-4)
---------------------------------------------------------------------------

    \47\ AHAM referenced the following: www1.eere.energy.gov/buildings/appliance_standards/pdfs/cce_faq.pdf.
    \48\ See www.iso.org/standard/45118.html.
---------------------------------------------------------------------------

    AMCA commented in support of AHAM's comment regarding the scope of 
the [air] circulating fan coverage extending below 125 W. (AMCA, No. 41 
at p. 4)
    DOE notes that air circulating fans are tested in a configuration 
that measures electrical input power to the fan, inclusive of the 
motor, and that the existing test procedures (i.e., AMCA 230-23 or IEC 
60879:2019) do not allow measuring the mechanical shaft power to the 
fan, exclusive of the motor. Therefore, DOE has determined that a limit 
in terms of electrical input power (applicable to the fan and motor) is 
more appropriate. Regarding DOE's authority to regulate fans and 
blowers that are distributed in commerce for residential use, as noted 
previously (See section III.B of this document), DOE has determined 
that distribution for residential use does not preclude coverage as 
covered equipment so long as to a significant extent the equipment is 
of a type that is also distributed in commerce for industrial and 
commercial use. EPCA defines ``industrial equipment'' as any article of 
equipment \49\ ``of a type'' that ``to any

[[Page 27333]]

significant extent, is distributed in commerce for industrial or 
commercial use'' and ``is not a covered [consumer] product [ ] without 
regard to whether such article is in fact distributed in commerce for 
industrial or commercial use.'' 42 U.S.C. 6311(2)(A). Accordingly, any 
equipment that meets the definition of air circulating fan, has an 
input power greater than or equal to 125 W, as measured by the test 
procedure at high speed, and is of a type that, to any significant 
extent, is distributed in commerce for industrial or commercial use is 
included in the scope of the test procedure, regardless of whether it 
is sold for use in commercial, industrial, or residential settings. In 
addition, as previously stated, DOE is not setting test procedures for 
air circulating fans with input power less than 125 W and DOE believes 
this would exclude most fans used in residential applications.
---------------------------------------------------------------------------

    \49\ The types of equipment are ``(in addition to electric 
motors and pumps, commercial package air conditioning and heating 
equipment, commercial refrigerators, freezers, and 
refrigerator[hyphen]freezers, automatic commercial ice makers, 
commercial clothes washers, packaged terminal 
air[hyphen]conditioners, packaged terminal heat pumps, warm air 
furnaces, packaged boilers, storage water heaters, instantaneous 
water heaters, and unfired hot water storage tanks) as follows: (i) 
compressors; (ii) fans; (iii) blowers; (iv) refrigeration equipment; 
(v) electric lights and lighting power supply circuits; (vi) 
electrolytic equipment; (vii) electric arc equipment; (viii) steam 
boilers; (ix) ovens; (x) kilns; (xi) evaporators; (xii) dryers; and 
(xiii) other motors.'' 42 U.S.C. 6311(2)(B).
---------------------------------------------------------------------------

    Morrison commented that air circulating fans should be covered in a 
separate rulemaking as their utility, function, and testing process are 
different from other fans and blowers. Morrison added that this should 
be done so the appropriate fan manufacturers are engaged in this 
process to reduce adding burden and complexity to this rulemaking. 
(Morrison, No. 42 at p. 1)
    AMCA recommended that air circulating fans that are not ceiling 
fans be handled with a separate rulemaking. AMCA commented that this 
would provide stakeholders of covered fans less than 125 W an 
opportunity to participate and provide separation between residential 
and commercial/industrial products. (AMCA, No. 41 at p. 17) In 
addition, AMCA commented that such request seemed practical and fair 
seem practical and fair, especially for the circulating fan 
stakeholders that were not in the scope of the ASRAC process, and which 
are in the final stages of revising the AMCA 230 test standard for 
circulating fans. AMCA requested DOE to allow that standard committee 
to complete its work before issuing the final rule on this test 
procedure. Already, with the final rule for the ceiling fan test 
procedure causing problems for the AMCA 230 revision, AMCA commented 
that it would really hurt the standard to have it out of synch with the 
fans and blowers test procedure sections that cover circulating fans. 
(AMCA, No. 41 at pp. 3-4
    Greenheck commented that the inclusion of air circulating fans in 
the fans and blowers test procedure is problematic as they are a 
completely different type of equipment and utilize different industry 
test standards, procedures, and metrics as defined in AMCA 230-15. 
Greenheck commented that the inclusion of air circulating fans makes 
the test procedure rulemaking confusing and contradictory. (Greenheck, 
No. 39 at p. 8)
    DOE notes that although the test procedures for fans and blowers 
other than air circulating fans, and air circulating fans are combined 
in a single notice, DOE is adopting separate test procedures for each 
category of equipment and explicitly indicates the scope of application 
of each test procedure. In addition, as noted previously, DOE is not 
setting test procedures for air circulating fans with input power less 
than 125 W. Therefore, DOE is continuing to include air circulating 
fans in the same rulemaking docket as fan and blowers. Although DOE is 
including air circulating fans in the same rulemaking as fans and 
blowers other than air circulating fans, DOE notes that this final rule 
establishes the test procedures for fans and blowers other than air 
circulating fans and the test procedures for air circulating fans as 
separate appendices. In addition, as previously stated, DOE is not 
setting test procedures for air circulating fans with input power less 
than 125 W. In addition, as discussed in section III.D of this 
document, DOE is incorporating by reference the latest version of AMCA 
230-23, which addresses AMCA's concerns about this rulemaking being 
completed before AMCA 230-23 published.
    AHRI commented that DOE expanded the scope of the NOPR to include 
fans that were not discussed in the 2015 ASRAC negotiations. In 
addition, AHRI commented that the October 2021 RFI was narrowly limited 
to one classification of fans, the air circulating fan heads 
(``ACFH''). (AHRI, No. 40 at pp. 4-5)
    DOE notes that neither the term sheet nor the scope of the RFI 
limits DOE's authority to initiate a rulemaking on additional 
categories of fans and blowers. DOE proposed a test procedure for air 
circulating fans in the July 2022 NOPR and considered comments received 
in response to the NOPR in determining the test procedure established 
in this final rule.
5. Non-Electric Drivers
    Some fans operate with non-electric drivers, such as engines or 
generators, and such fans may be used in non-stationary applications or 
stationary applications. The Working Group recommended that DOE exclude 
fans that are exclusively powered by internal combustion engines from 
the test procedure and related energy conservation standards. (Docket 
No. EERE-2013-BT-STD-0006, No. 179, Recommendation #2 at p. 2)
    AMCA 214-21 does not provide for the testing of fans and blowers 
powered by internal combustion engines. In order to measure the energy 
efficiency or energy use of non-electric drivers during a 
representative average use cycle, separate test methods would be 
necessary for each type of driver (e.g., engine, generators). DOE is 
not currently aware of a relevant industry test procedure and does not 
have information regarding the test set-up required to test fans 
powered by internal combustion engines. As such, in the July 2022 NOPR, 
DOE did not propose test procedures for fans and blowers powered 
exclusively by an internal combustion engine,\50\ regardless of whether 
such fan or blower is used in a stationary or non-stationary 
application. 87 FR 44194, 44210.
---------------------------------------------------------------------------

    \50\ DOE notes that the July 2022 NOPR included a typographical 
error in Table III-8 of the NOPR, stating ``fans exclusively powered 
by fan combustion engines'' instead of ``fans exclusively powered by 
an internal combustion engine.''
---------------------------------------------------------------------------

    Certain bare shaft fans can be powered by either electric drivers 
(i.e., motors) or non-electric drivers. In the July 2022 NOPR, DOE 
tentatively determined that to the extent such a fan can be powered by 
an electric driver, the proposed test procedure would provide for 
measurement of the energy efficiency or energy use during a 
representative average use cycle when powered by an electric driver. As 
such, DOE proposed that such a fan would be subject to the test 
procedure. 87 FR 44194, 44210-44211.
    The CEC commented in support of the exclusion of fans that are 
operated by an internal combustion engine that is used for personal 
(consumer), commercial, or industrial transportation only. The CEC 
recommended defining the term ``fan combustion engines,'' since it is 
unclear if the term ``fan combustion engine'' is meant to be that of a 
turbo fan engine, a fan driven by an internal combustion engine in any 
context, or the fans driven by an internal combustion engine used for 
the purpose of personal (consumer), commercial, or industrial 
transportation. (CEC, No. 30 at p. 3)

[[Page 27334]]

    AMCA stated its support for the exclusion of fans and blowers that 
are exclusively powered by internal combustion engines from the scope 
of this test procedure because such fans include Positive Pressure 
Ventilators (``PPV''), which are portable fans for fire-rescue 
operations and excluded from having FEI ratings calculated using AMCA 
214-21. (AMCA, No. 41 at p. 8)
    AMCA noted that to help distinguish fans powered by combustion 
engines, PPVs are portable tube-axial fans and can be powered by 
batteries, combustion engines, and hydraulics while having no 
provisions for duct installations. AMCA added that PPVs sometimes are 
confused with floor-drying fans, which are housed centrifugal fans, 
whereas PPVs are not supplied in bare shaft configuration. (AMCA, No. 
41 at p. 8)
    New York Blower commented that fans with internal combustion 
engines are extremely rare and not likely to increase due to regulation 
and that exclusion of these fans seems appropriate. New York Blowers 
stated that it is possible at lower power ranges that there might be a 
significant quantity of products and consequently, units driven by 
internal combustion applications that they are not aware of. Aside from 
a clutch mechanism to keep the fan disengaged from the motor when 
idling, New York Blower commented that it does not know of any 
distinguishing feature of the fan that would indicate the fan would be 
driven by an internal combustion engine. (New York Blower, No. 33 at p. 
9)
    Robinson stated a lack of awareness of any physical features of a 
fan design that would distinguish those as exclusively powered by 
internal combustion engines other than the presence of an internal 
combustion engine or potentially a fluid clutch. (Robinson, No. 43 at 
p. 6)
    Morrison commented that many fans for internal combustion engines 
are specific designs intended for direct attachment to the engine and 
others have low voltage motors consistent with vehicle electrical 
systems. Morrison commented that such fans should be part of the 
equipment regulation (autos, buses, trucks, generators, and heavy 
equipment) as opposed to being included in this effort as detailed in 
the ASRAC term sheet. In addition, Morrison noted that these fans have 
low-voltage motors and heavy construction features. (Morrison, No. 42 
at p. 4)
    DOE notes that the July 2022 NOPR included a typographical error in 
Table III-8 of the NOPR, stating ``fans exclusively powered by fan 
combustion engines'' instead of ``fans exclusively powered by an 
internal combustion engine.'' In this final rule, consistent with the 
July 2022 NOPR, and as recommended by stakeholders, DOE excludes fans 
and blowers powered exclusively by an internal combustion engine, 
regardless of whether such fan or blower is used in a stationary or 
non-stationary application from the scope of the test procedure. DOE is 
not adopting additional definitions as the reference to internal 
combustion engines clearly specifies the fans excluded from the scope 
of the test procedure. As noted by stakeholders such fans can be 
distinguished based on the presence of a clutch mechanism or designs 
intended for direct attachment to the engine.
6. Replacement Fans and Blowers
    The Working Group did not address the issue of replacement parts in 
the term sheet. (Docket EERE-2013-BT-TP-0055, No. 179, Appendix F at p. 
19). In the July 2022 NOPR, DOE proposed to include all fans and 
blowers that: (1) meet the criteria for scope of inclusion as described 
in section III.A.1 of that document, and (2) are not proposed for 
exclusion as listed in section III.A.2 of that document or Table III-8 
of the July 2022 NOPR, regardless of whether that fan is a replacement 
fan. 87 FR 44194, 44211.
    Morrison commented that replacement blowers for HVAC appliances 
need to be fully excluded for safety reasons as appliance limit 
controls may cause malfunction that could result in loss of life and/or 
property. (Morrison, No. 42 at p. 2)
    AHAM commented that replacement fans, as well as those that are not 
considered covered products, should be excluded from the scope of the 
test procedure and applicable standards. (AHAM, No. 35 at p. 5)
    AHRI commented that any potential regulation should consider the 
impact on replacement fans and added that the consequences of a 
replacement fan made non-compliant because of these new regulations 
could be catastrophic. AHRI commented that in many cases, such as 
supply-air fans with air flow through gas fired heat exchangers, hot-
water, coils or electric resistance units, a variety of safety 
standards in addition to performance standards are affected. AHRI 
commented that the testing of all legacy equipment because of a fan 
change will be cost- and resource-prohibitive, and that if a 
replacement fan is not compliant, in most cases, an unsafe, engineered-
to-fit substitution would be required. AHRI asserted that the costs, 
risks, and time required to retest the HVACR and water-heating 
equipment would all be prohibitive and that testing would also be 
impractical if the HVACR and water heating equipment is out of 
production. AHRI added that manufacturers would be forced to rebuild an 
out-of-production unit solely for the purpose of testing a new fan. 
AHRI concluded by stating that there may be instances in which such 
part substitution makes sense, but that is not a reasonable basis for a 
broad, minimum standard. (AHRI, No. 40 at p. 13)
    Trane commented that replacement fans should be exempt if embedded 
fans fall under regulation. Trane encouraged DOE to align with the CEC 
regulation that provides an exemption for ``embedded fans as defined in 
ANSI/AMCA 214-21, including embedded fans sold exclusively for 
replacement of another embedded fan.'' Trane commented that fans 
embedded in equipment such as residential or commercial HVAC have 
downstream or upstream impacts on airflow distribution. Trane commented 
that many applications of this equipment have heating coils and/or 
natural gas heat exchangers that are developed, tested and certified 
for safety. Trane stated that when a fan is changed in the field at the 
application point, an exact model should be used for replacement to 
comply with safety requirements to ensure that no equipment failure 
results that may compromise the safety of the building occupants. Trane 
commented that, additionally, fan efficiency challenges the ability to 
replace ``like for like'' fans. Trane commented that more-efficient 
fans are often larger than less efficient ones and as such, this may 
increase associated product size. Trane noted that while a similar 
impeller-diameter fan may be available at a higher efficiency, it is 
imperative to consider that differing fan types have different non-
impeller fan geometries and constraints, such that the overall fan 
footprint increases dramatically. Trane commented that with space 
constraints being a constant pressure, new products may be too large to 
replace smaller existing ones without significant design changes and 
associated costs that would serve to dissuade building owners from 
purchasing the more efficient fans contained in new products and 
instead repair existing, less efficient products. Trane commented that 
retrofit curbs can be used, but they generally come with associated 
pressure drop, which negates any efficiency improvement associated with 
the more efficient fan. (Trane, No. 38 at p. 3)
    DOE includes all fans and blowers that meet the criteria for scope 
inclusion

[[Page 27335]]

as described in section III.B.1 of this document and are not listed for 
exclusion in section III.B.2 of this document or Table III-7 of this 
document, regardless of whether that fan is a replacement fan. At this 
time, DOE is not adopting energy conservation standards for fans and 
blowers, and the test procedure would not impact the availability of 
current models. The test procedure does not set any energy conservation 
standards and does not result in any non-compliant fans. DOE will 
consider the impacts from setting potential energy conservation 
standards on replacement fans (e.g., costs, design, safety, and 
availability) as part of any potential energy conservation standards 
rulemaking.
7. Material Handling and Heavy Industrial Processing Fans and Blowers
    In response to the July 2022 NOPR, Robinson commented that fans 
that provide mass transfer or are subjected to significant wear will 
not benefit from a switch to highly efficient aerodynamic designs. In 
fact, stated Robinson, shorter equipment life was highly likely and end 
use customers would bear the additional cost of replacement. For this 
reason, Robinson stated it does not support the inclusion of fans that 
provide mass transfer or are subjected to wear (whether abrasion or 
corrosion). (Robinson, No. 43 at p. 5)
    At this time, DOE is not adopting energy conservation standards for 
fans and blowers, and the test procedure would not impact the 
availability of current models. The test procedure does not set any 
energy conservation standards and does not result in any non-compliant 
fans. In addition, as noted in the July 2022 NOPR, based on input from 
AMCA during the ASRAC negotiations, DOE has determined that radial 
housed unshrouded fans with a diameter less than 30 inches or a blade 
width of less than 3 inches are designed for materials-handling 
applications. These fans have specific design features (e.g., built to 
resist the impact and erosive wear from large quantities of various 
materials passing through the fan housing) that generally limit the 
opportunity for improved efficiency. (Docket No. EERE-2013-BT-STD-0006, 
Public Meeting Transcript, No. 85 at p. 60). 87 FR 44194, 44202-44203. 
Furthermore, testing these fans based on the test method for clean air 
fans would not provide a measurement of energy use or energy efficiency 
that is representative of an average use cycle. For these reasons, as 
discussed in section III.B.2 of this document, DOE is excluding radial 
housed unshrouded fans with a diameter less than 30 inches or a blade 
width of less than 3 inches at this time.
    Robinson further commented that the proposed rule would create an 
extreme challenge for the heavy industrial processing industry (e.g., 
mining, refining, metal making, rock product processing, food 
production, chemical processing, and much more) in the United States. 
Robinson commented that specialty heavy industrial process fans are 
significantly different from fans used in commercial or light 
industrial applications as they operate in heavy industrial process 
facilities that are constrained by significant regulations as well as 
engineering requirements. Robinson stated that this means that the 
design of the whole process, which requires each part to play a 
specific application, is quite complicated and under multiple reviews. 
Robinson commented that the fans, as part of the process, are often 
designed to perform at several load points, as the design and then the 
actual operation of the plant may experience variability. Robinson also 
noted that the fans are placed throughout the heavy industrial process 
and, depending upon the role of each specific fan, will be forced to 
handle particulate, extreme temperatures, dramatic temperature changes, 
moisture, corrosive matter, and other items in the air stream. Robinson 
noted that the most efficient fan designs are only able to operate in 
clean air applications (i.e., where they draw in outside air and blow 
it into a part of the heavy industrial process) and that the number of 
clean air fans in any heavy industrial process and the amount of energy 
they consume, relative to the rest of the process, is small. Instead, 
Robinson commented that fans handling air movement through the more 
challenging parts of the process are much more likely to consume more 
energy, but also deal with variables that limit the efficiency 
improvement of that fan. Robinson added that these fans are connected 
to the larger whole of the heavy industrial process in which they 
operate and are subject to the conditions as they change through the 
entire system. Further, if the end goal is to require fans to all 
comply with minimum levels of efficiency, Robinson commented that 
entire industrial processes will need to be retrofitted to allow all of 
the fans within the process to be clean air handling fans. Robinson 
commented that not only would this require the reconstruction of entire 
heavy industrial processing facilities, but also require that each fan 
be bigger or that there be more fans, which would draw greater energy 
and therefore be less efficient. Robinson added that it is necessary 
for many heavy industrial plant precipitators and baghouses (Air 
Pollution Control--APC devices) to operate in a positive pressure 
environment to prevent combustion of pollutants captured and collected 
in the cleaning device hoppers. In these applications, stated Robinson, 
it is necessary for the fans to be located upstream (or in the dirty 
air) of the APC device to minimize the risk of fires that would 
significantly damage the internals of the APC device. Robinson 
commented that the repair/replacement cost of these devices alone, if 
damaged by fire, is in the $5 to $10 million range for each, not 
including the plant lost production time. Robinson commented that the 
cost of adding additional particulate collection equipment upstream of 
the existing heavy industrial process fans and APC devices coupled with 
the added pressure drop of this equipment will offset any efficiency 
benefits since the existing fans will need to be replaced with larger 
horsepower fans. In short, Robinson summarized, it would not be 
surprising if this forced all heavy industrial processing out of the 
United States. (Robinson, No. 43 at pp. 2-3)
    At this time, DOE is not adopting energy conservation standards for 
fans and blowers, and the test procedure would not impact the 
availability of current models. The test procedure does not set any 
energy conservation standards and does not result in any non-compliant 
fans or necessary redesigns. Any future energy conservation standard 
rulemaking would, as part of the analyses conducted to support the 
rulemaking, analyze the markets in which fans and blowers are used, 
conduct a technology assessment, and evaluate any potential impacts on 
technological feasibility, practicability to manufacture, install or 
service, equipment utility or equipment availability, health, and 
safety as a result of potential standards. In addition, although DOE is 
not specifically excluding material handling fans and heavy industrial 
processing fans, DOE notes that the test procedure is limited to fan 
design points with air power less than 150 hp. In addition, radial 
housed unshrouded fan with diameter less than 30 inches or a blade 
width of less than 3 inches, safety fans and fans that designed and 
marketed to operate at or above 482 degrees Fahrenheit (250 degrees 
Celsius) are excluded from the scope of the test procedure. As such, 
DOE notes that any fan that meets the scope criteria

[[Page 27336]]

described in section III.B.1 of this document, and is not listed for 
exemption as discussed in section III.B.2 and III.B.3 of this document 
would be in the scope of the test procedure.

C. Definitions

    This section discusses DOE's adopted definitions for specific terms 
used in the test procedure for fans and blowers.
1. Fan and Blower Categories
    The classification of fans and blowers recommended by the Working 
Group for coverage under a test procedure and the corresponding terms 
and definitions in AMCA 214-21 and the proposed CEC regulations \51\ 
are presented in Table III-8 of this document.
---------------------------------------------------------------------------

    \51\ See Proposed regulatory language for Commercial and 
Industrial Fans and Blowers available in the following Docket: 22-
AAER-01 at: efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01.

            Table III-8--Scope Recommended by the Working Group, Corresponding Terms and Definitions
----------------------------------------------------------------------------------------------------------------
                                         Corresponding term and definition
  Working group scope recommendations              in AMCA 214-21               Corresponding CEC definitions
----------------------------------------------------------------------------------------------------------------
Axial cylindrical housed fan..........  ``Axial inline fan'' means a fan     ``Axial-inline fan'' means a fan
                                         with an axial impeller and a         with an axial impeller and a
                                         cylindrical housing with or          cylindrical housing with or
                                         without turning vanes.               without turning vanes. Inlets and
                                                                              outlets can optionally be ducted.
Panel fan.............................  ``Axial panel fan'' means an axial   ``Axial-panel fan'' means a fan
                                         fan, without cylindrical housing,    with an axial impeller mounted in
                                         that is mounted in a panel, an       a short housing, non-cylindrical,
                                         orifice plate or ring.               that can be a panel, ring, or
                                                                              orifice plate. The housing is
                                                                              typically mounted to a wall
                                                                              separating two spaces, and the
                                                                              fans are used to increase the
                                                                              pressure across this wall. Inlets
                                                                              and outlets are not ducted.
Centrifugal housed fan, excluding       ``Centrifugal housed fan'' means a   ``Centrifugal housed fan'' means a
 inline fan and radial fan.              fan with a centrifugal or mixed      fan with a centrifugal or mixed
                                         flow impeller in which airflow       flow impeller in which airflow
                                         exits into a housing that is         exits into a housing that is
                                         generally scroll-shaped to direct    generally scroll-shaped to direct
                                         the air through a single fan         the air through a single fan
                                         outlet. A centrifugal housed fan     outlet. Inlets and outlets can
                                         does not include a radial            optionally be ducted. It does not
                                         impeller*.                           include a radial impeller.
Centrifugal unhoused fan, excluding     ``Centrifugal unhoused fan'' means   ``Centrifugal unhoused fan'' means
 radial fan.                             a fan with a centrifugal or mixed    a fan with a centrifugal or mix-
                                         flow impeller in which airflow       flow impeller in which airflow
                                         enters through a panel and           enters through a panel and
                                         discharges into free space. Inlets   discharges into free space. Inlets
                                         and outlets are not ducted. This     and outlets are not ducted. This
                                         fan type also includes fans          fan type also includes fans
                                         designed for use in fan arrays       designed for use in fan arrays
                                         that have partition walls            that have partition walls
                                         separating the fan from other fans   separating the fan from other fans
                                         in the array**.                      in the array.
Inline and mixed-flow fan.............  ``Centrifugal inline fan'' means a   ``Centrifugal inline fan'' means a
                                         fan with a centrifugal or mixed      fan with a centrifugal or mixed-
                                         flow impeller in which airflow       flow impeller in which airflow
                                         enters axially at the fan inlet      enters axially at the fan inlet
                                         and the housing redirects radial     and the housing redirects radial
                                         airflow from the impeller to exit    airflow from the impeller to exit
                                         the fan in an axial direction.       the fan in an axial direction.
                                                                              Inlets and outlets can optionally
                                                                              be ducted.
Radial housed fan.....................  ``Radial-housed fan'' means a fan    ``Radial-housed fan'' means a fan
                                         with a radial impeller in which      with a radial impeller in which
                                         airflow exits into a housing that    airflow exits into a housing that
                                         is generally scroll-shaped to        is generally scroll-shaped to
                                         direct the air through a single      direct the air through a single
                                         fan outlet. Inlets and outlets can   fan outlet. Inlets and outlets can
                                         optionally be ducted.                optionally be ducted.
Power roof ventilator.................  ``Power roof/wall ventilator         ``Power roof ventilator (PRV)'' or
                                         (PRV)'' means a fan with an          ``power wall ventilator (PWV)''
                                         internal driver and a housing to     means a fan with an internal
                                         prevent precipitation from           driver and a housing to prevent
                                         entering the building. It has a      precipitation from entering the
                                         base designed to fit over a roof     building. It has a base designed
                                         or wall opening, usually by means    to fit over a roof or wall
                                         of a roof curb.                      opening, usually by means of a
                                                                              roof curb.
----------------------------------------------------------------------------------------------------------------
* The inclusion of ``scroll-shaped'' in this definition excludes inline fans.
** Radial fans are housed and therefore not included in this definition.

    In the July 2022 NOPR, DOE proposed to utilize the terminology and 
definitions specified in AMCA 214-21 to define the categories of fans 
and blowers proposed in the scope of applicability of the test 
procedure and tested using AMCA 210-16 as follows: (1) axial inline 
fan; (2) centrifugal housed fan; (3) centrifugal unhoused fan; (4) 
centrifugal inline fan; (5) radial-housed fan; and (6) PRVs. DOE 
proposed to modify the definition of ``axial panel fan'' as provided in 
AMCA 214-21 to distinguish these fans from air circulating axial panel 
fans, as follows: an axial panel fan is an axial fan, without 
cylindrical housing, that includes a panel, orifice plate, or ring with 
brackets for mounting through a wall, ceiling, or other structure that 
separates the fan's inlet from its outlet. 87 FR 44194, 44211-44212.
    In the July 2022 NOPR, DOE noted that the CEC definitions are 
similar to the AMCA 214-21 definitions. DOE noted that the inclusion of 
additional language in the CEC definitions to indicate a fan's intended 
application or whether a fan's inlet or outlet is (optionally, as 
relevant) ducted was informative, but did not further distinguish the 
terms. In addition, for axial panel fans, DOE noted that the CEC 
definitions specified that the housing is typically mounted to a wall 
separating two spaces, and the fans are used to increase the pressure 
across this wall. DOE stated that the CEC description distinguishes 
axial panel fans from axial air circulating panel fans, which do not 
have provisions for connection to ducting or separation of the fan 
inlet from its outlet. However, DOE noted that the CEC distinction was 
based on how the fan was installed and not on a physical design feature 
of the fan. Therefore, DOE proposed to rely on physical features and to 
define axial panel fans instead. 87 FR 44194, 44211-44212.

[[Page 27337]]

    In addition, to support the exclusions proposed in the July 2022 
NOPR and clarify which fans would fall under the proposed exclusions, 
DOE proposed to adopt definitions of the terms ``induced flow fan'' and 
``jet fan'' as established in AMCA 214-21 and ``cross-flow fan'' as 
defined in AMCA 208-18. Id. at 87 FR 44212.
    In response to the July 2022 NOPR, New York Blower commented that 
the definitions in AMCA 214-21 are adequate. (New York Blower, No. 33 
at p. 10) AMCA commented in support of the DOE-proposed definitions of 
axial inline fan, centrifugal housed fan, centrifugal unhoused fan, 
centrifugal inline fan, radial-housed fan, and power roof ventilator, 
which are consistent with definitions found in AMCA 214-21. However, 
AMCA noted that there would be additional alignment with the CEC's 
resultant definitions for the Title 20 fan regulation if DOE were to 
add, ``inlets and outlets can optionally be ducted'' to the definitions 
of axial inline fan, centrifugal housed fan, and centrifugal inline 
fan. In addition, AMCA commented in support of the DOE-proposed 
definitions of induced flow fan, jet fan, and cross-flow fan, as they 
are consistent with definitions found in AMCA 214-21 and AMCA 208-18. 
(AMCA, No. 41 at p.9)
    As noted previously, DOE did not include the additional language 
for the CEC definitions as DOE notes that although it provides 
additional description of optional features of the equipment, or of the 
equipment installation configuration, the additional language does not 
describe the equipment's unique physical characteristics and therefore 
does not further distinguish the definitions. Therefore, DOE adopts the 
definitions of (1) axial inline fan; (2) centrifugal housed fan; (3) 
centrifugal unhoused fan; (4) centrifugal inline fan; (5) radial-housed 
fan; (6) PRVs; (7) induced flow fan; (7) jet fan; and (8) cross-flow 
fan as proposed.
    AMCA noted that DOE may want to consider revising the definition of 
axial panel fan to state, ``without cylindrical or box housing,'' as in 
the definition of air circulating axial panel fan. (AMCA, No. 41 at p. 
9)
    DOE agrees with AMCA that adding ``or box housing'' would align the 
definitions of axial panel fan and air circulating axial panel fan. 
However, DOE notes that this is not specified in the AMCA 214-21 
definitions and unlike for air circulating fans heads where AMCA 230-23 
includes a separate definition of box fans and distinguishes these fans 
from air circulating axial panel fan, AMCA 214-21 does not distinguish 
box fans using a separate definition. DOE retains the proposed 
definition to continue to align with AMCA 214-21.
2. Safety Fans
    In the July 2022 NOPR, DOE proposed a definition of safety fan to 
support the exclusion of safety fans from the scope of the test 
procedure, as discussed in section III.B.2 of this document. 87 FR 
44194, 44213.
    In the July 2022 NOPR, DOE reviewed the following definition of 
safety fan as proposed by the CEC: (1) a fan that is designed and 
marketed to operate only at or above 482 degrees Fahrenheit (250 
degrees Celsius); (2) a reversible axial fan in cylindrical housing 
that is designed and marketed for use in ducted tunnel ventilation that 
will reverse operations under emergency ventilation conditions; (3) a 
fan bearing an Underwriter Laboratories (UL) or Electric Testing 
Laboratories listing for ``Power Ventilators for Smoke Control 
Systems''; (4) an open discharge exhaust fan with integral discharge 
nozzles which develop or maintain a minimum discharge velocity of 3,000 
feet per minute (``fpm''); (5) a fan constructed in accordance with 
AMCA type A or B spark resistant construction as defined in ANSI/AMCA 
Standard 99-16 Standards Handbook; (6) a fan designed and marketed for 
use in explosive atmospheres and tested and marked according to EN 
13463-1:2001 Non-electrical Equipment for Potentially Explosive 
Atmospheres; or (7) an electric-motor-driven Positive Pressure 
Ventilator as defined in ANSI/AMCA Standard 240-15 Laboratory Methods 
of Testing Positive Pressure Ventilators for Aerodynamic Performance 
Rating.\52\ In the July 2022 NOPR, based on a review of the existing 
industry and regulatory definitions of ``safety fan,'' DOE tentatively 
determined that the definition proposed by the CEC (at the time) was 
representative of the equipment considered ``safety fans.'' 87 FR 
44194, 44214.
---------------------------------------------------------------------------

    \52\ See CEC Docket No. 22-AAER-01, TN #241950, Proposed 
regulatory language for Commercial and Industrial Fans and Blowers, 
at pp. 7-8.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE proposed to adopt a definition in line 
with the definition proposed by the CEC with the following edits. 
Regarding item (1) of the CEC definition: DOE proposed not to include 
the term ``only'' from ``a fan that is designed and marketed to operate 
only at or above 482 degrees Fahrenheit (250 degrees Celsius)'' because 
DOE tentatively determined that a fan that can operate at or above a 
certain temperature can also operate below. Regarding item (4) DOE 
tentatively determined that the definition of safety fans is equivalent 
to ``laboratory exhaust fans'' as defined in section 3.52 of AMCA 214-
21: fans designed and marketed specifically for exhausting contaminated 
air vertically away from a building using a high-velocity discharge. 
DOE noted it was considering replacing item (4) with ``laboratory 
exhaust fans'' and to define it in accordance with AMCA 214-21. DOE 
also reviewed item (6) and noted that the referenced industry standard 
is no longer current and has been replaced. In 2008, the International 
Electrotechnical Commission System for Certification to Standards 
Relating to Equipment for Use in Explosive Atmospheres replaced EN 
13463-1 by ISO 80079-36, ``Explosive atmospheres--Part 36: Non-
electrical equipment for explosive atmospheres--Basic method and 
requirements.'' \53\ The latest version of ISO 80079-36 is the 2016 
edition. Therefore, DOE proposed to reference ISO 80079-36:2016, 
instead of EN 13463-1:2001. Id.
---------------------------------------------------------------------------

    \53\ See www.intertek.com/blog/2019-03-14-hazloc/.
---------------------------------------------------------------------------

    In response to the July 2022 NOPR, the CEC recommended that DOE 
incorporate the following definition of safety fan: safety fan means 
(1) a reversible axial fan in cylindrical housing that is designed and 
marketed for use in ducted tunnel ventilation that will reverse 
operations under an emergency ventilation condition; (2) a fan for use 
in explosive atmospheres tested and marked according to EN ISO 
Standards 80079-36:2016, Explosive atmospheres--Part 36: Non-electrical 
equipment for explosive atmospheres--Basic method and requirements; (3) 
a Positive Pressure Ventilator; or (4) a fan bearing a listing for 
``Power Ventilators for Smoke Control Systems'' in compliance with 
ANSI/UL 705 Power Ventilators (dated August 23, 2021). Specifically, 
the CEC recommended removing fans that are designed and marketed to 
operate only at or above 482 degrees Fahrenheit (250 degrees Celsius) 
from the safety fan definition and instead listed together with the 
exclusions as proposed in Table III-8 of the July 2022 NOPR. The CEC 
commented that fans that are designed and marketed to operate only at 
or above 482 degrees Fahrenheit (250 degrees Celsius) can be designed 
for uses other than safety and are subject to different performance 
requirements, for example fans used for industrial processes that 
require operation at higher temperatures. The CEC also

[[Page 27338]]

recommended that laboratory exhaust fans not be included in the 
definition for safety fan, nor be included as a separate exclusion from 
the proposed scope of applicability of the test procedure. The CEC 
noted that although laboratory exhaust fans exhaust possible dangerous 
gasses, the fans are used for routine non-emergency lab procedures and 
are fully capable of achieving efficient operation without compromising 
the purpose for which they are installed. (CEC, No. 30 at pp. 2-3)
    In response to the July 2022 NOPR, AMCA provided a comparison of 
the CEC safety fan definition as provided in the Title 20 express 
terms, noting elements that differed or were consistent with the 
proposed safety fan definition. AMCA commented that in Title 20 express 
terms,\54\ the CEC removed the high-temperature section from the safety 
fan definition and inserted it in the list of fan-type exemptions 
instead. AMCA added that the rationale for this is that high-
temperature fans are not always safety-related; they also are specified 
for commercial-kitchen exhaust and other demanding applications. (AMCA, 
No. 41 at p. 6, 12) AMCA recommended that DOE move item (1) of the DOE 
proposed safety fan definition to the list of explicit exemptions. 
Regarding item (4) of the DOE proposed definition, AMCA noted that it 
submitted comments to the CEC recommending that the CEC should seek to 
clean up some of the language because AMCA felt that the 3,000-fpm 
criterion could provide a loophole for fans that provide 3,000 fpm but 
are not used for safety purposes and was intended to describe a 
``laboratory exhaust fan'' without naming it. AMCA commented that the 
3,000-fpm discharge velocity with integral discharge nozzles appears to 
reference similar verbiage in ANSI/AIHA Z9.5, Laboratory Ventilation, 
and recommended exhaust velocities for safely exhausting contaminants 
without re-entrainment and added that laboratory exhaust fans would be 
considered safety fans regardless of exhaust velocity for the simple 
fact they service laboratories requiring numerous safety protocols for 
the protection of occupants and the surrounding area. For this reason, 
AMCA noted that in its comment to the CEC, AMCA commented that the CEC 
proposed regulatory language and supporting information indicated 
laboratory exhaust fans should be excluded and proposed using the term 
``laboratory exhaust fan.'' AMCA recommended that the CEC add the ANSI/
AMCA Standard 214-21 definition for safety fans: ``Laboratory exhaust 
fan means a fan designed and marketed specifically for exhausting 
contaminated air vertically away from a building using a high-velocity 
discharge.'' AMCA commented that rather than agree to AMCA's attempt to 
remove perceived loopholes from the proposed exemption, CEC removed the 
exemption altogether. AMCA commented that it would prefer to have this 
exemption remain in the DOE test procedure. In addition, AMCA 
recommended the removal of item (5) of the DOE proposed definition of 
safety fan. As AMCA commented to CEC, while AMCA recognizes the spark-
resistant-construction types defined in ANSI/AMCA Standard 99-16, 
Standards Handbook, the definitions are not consistent with industry 
standards, and exempting spark resistant fans also is somewhat of a 
loophole in that a fan should be able to be designed to different types 
of spark-resistant construction with no impact on performance. For 
these reasons, AMCA recommended striking this item, and, if there were 
no other uses of AMCA 99, striking the citation of ANSI/AMCA Standard 
99-16 in the referenced-documents portion of this NOPR. (AMCA, No. 41 
at p. 12)
---------------------------------------------------------------------------

    \54\ DOE notes that this refers to the CEC Express Terms for 
Commercial and Industrial Fans and Blowers document available at: 
efiling.energy.ca.gov/GetDocument.aspx?tn=245898&DocumentContentId=80074.
---------------------------------------------------------------------------

    New York Blower stated support for the safety fan definition 
proposed by AMCA. (New York Blower, No. 33 at p. 10)
    Robinson requested clarification regarding why AMCA Class C spark 
resistant construction was not included. (Robinson, No. 43 at p. 6)
    Regarding fans designed and marketed to operate only at or above 
482 degrees Fahrenheit (250 degrees Celsius), DOE's research confirms 
CEC's comment that some fans designed and marketed to operate only at 
or above 482 degrees Fahrenheit (250 degrees Celsius) can be designed 
for uses other than safety (e.g., manufacturing). Therefore, in this 
final rule, DOE is removing this category from the definition of safety 
fans and listing these fans as a separate exclusion instead. In 
addition, DOE is adopting its proposal to remove the term ``only'' from 
``a fan that is designed and marketed to operate only at or above 482 
degrees Fahrenheit (250 degrees Celsius)'' because DOE has determined 
that a fan that can operate at or above a certain temperature can also 
operate below.
    As discussed in the July 2022 NOPR, DOE tentatively determined that 
``open discharge exhaust fans with integral discharge nozzles which 
develop or maintain a minimum discharge velocity of 3,000 FPM'' as 
listed in the CEC definition of safety fans are equivalent to 
``laboratory exhaust fans'' as defined in section 3.52 of AMCA 214-21: 
fans designed and marketed specifically for exhausting contaminated air 
vertically away from a building using a high-velocity discharge. 87 FR 
44194, 44214. Therefore, DOE is using the term ``laboratory exhaust 
fans'' and describes these fans in accordance with the AMCA 214-21 
definition. In addition, DOE did not propose to include these fans in 
the scope of applicability of the test procedure and at this time. See 
87 FR 44194, 44214. DOE is keeping these fans in the definition of 
safety fans, such that they are excluded from the scope of 
applicability. In addition, as noted in the NOPR, this would align with 
the recommended definition of safety fan provided in appendix D of the 
term sheet,\55\ which includes fans designed for use in toxic, highly 
corrosive, or flammable environments [or in environments] with abrasive 
substances. 87 FR 44194, 44213 For these reasons, although DOE notes 
that such fans may be used for other in non-emergency situations, DOE 
is including laboratory exhaust fans as part of safety fans.
---------------------------------------------------------------------------

    \55\ The Working Group stated that the definition recommended in 
appendix D may be subject to potential edits necessary to accomplish 
the same intent.
---------------------------------------------------------------------------

    DOE reviewed the definition recommended by the CEC and notes that 
it no longer includes fans constructed in accordance with AMCA type A 
or B spark resistant construction as defined in the ANSI/AMCA Standard 
99-16 Standards Handbook. In addition, as highlighted by CEC, DOE 
understands that such designations are no longer consistent with 
industry standards. DOE has determined that spark resistant fans used 
in explosive atmospheres are already included under fans tested and 
marked according to EN ISO Standards 80079-36:2016, Explosive 
atmospheres--Part 36: Non-electrical equipment for explosive 
atmospheres--Basic method and requirements. Therefore, DOE is removing 
this category from the definition of safety fans and is not 
incorporating AMCA 99-16 by reference.
    In the July 2022 NOPR, DOE proposed to include fans bearing an 
Underwriter Laboratories (UL) or Electric Testing Laboratories listing 
for ``Power Ventilators for Smoke Control Systems'' in the definition 
of safety fans. 87 FR 44194, 44214. As previously noted, the CEC-
recommended safety fan definition

[[Page 27339]]

further specifies referencing ANSI/UL 705 Power Ventilators (dated 
August 23, 2021). DOE has determined that this additional specification 
included in the CEC definition is necessary to identify fans included 
in this description. In addition, DOE notes that a more recent ANSI-
approved version of ANSI/UL 705 Power Ventilators is available (dated 
August 19, 2022) and, therefore, DOE is adding this language into the 
safety fan definition and incorporating by reference the latest version 
of UL 705 available.
    In summary, DOE defines safety fan as: (1) a reversible axial fan 
with cylindrical housing that is designed and marketed for use in 
ducted tunnel ventilation that will reverse operation under an 
emergency ventilation condition; (2) a fan for use in explosive 
atmospheres tested and marked according to EN ISO Standards 80079-
36:2016, Explosive atmospheres--Part 36: Non-electrical equipment for 
explosive atmospheres--Basic method and requirements; (3) an electric-
motor-driven Positive Pressure Ventilator as defined in ANSI/AMCA 
Standard 240-15, Laboratory Methods of Testing Positive Pressure 
Ventilators for Aerodynamic Performance Rating; (4) a fan bearing a 
listing for ``Power Ventilators for Smoke Control Systems'' in 
compliance with ANSI/UL 705 Power Ventilators (dated August 19, 2022); 
or (5) a laboratory exhaust fan designed and marketed specifically for 
exhausting contaminated air vertically away from a building using a 
high-velocity discharge.
3. Definitions Related To Heat Rejection Equipment
    As stated in the July 2022 NOPR, DOE proposed to exclude from the 
scope of the test procedure fans and blowers embedded in heat rejection 
equipment, specifically fans and blowers embedded in packaged 
evaporative open circuit cooling towers; evaporative field-erected open 
circuit cooling towers; packaged evaporative closed-circuit cooling 
towers; evaporative field-erected closed-circuit cooling towers; 
packaged evaporative condensers; field-erected evaporative condensers; 
packaged air-cooled (dry) coolers; field-erected air-cooled (dry) 
coolers; air-cooled steam condensers; and hybrid (water saving) 
versions of such listed equipment that contain both evaporative and 
air-cooled heat exchange sections. In the July 2022 NOPR, DOE proposed 
to define each of these equipment types according to the 
recommendations of the Working Group. 87 FR 44194, 44217. DOE did not 
receive any comments on these definitions and adopts them as proposed.
4. Air Circulating Fans
    In the July 2022 NOPR, DOE proposed definitions for air circulating 
fans and related terms using the definition being considered by the 
AMCA 230 committee at the time. DOE proposed to define air circulating 
fans as ``a fan that has no provision for connection to ducting or 
separation of the fan inlet from its outlet using a pressure boundary, 
operates against zero external static pressure loss, and is not a jet 
fan.'' 87 FR 44194, 44215. Further, DOE proposed to define an unhoused 
ACFH as follows: ``An air circulating fan without housing, having an 
axial impeller with a ratio of fan-blade span (in inches) to maximum 
rate of rotation (in revolutions per minute) less than or equal to 
0.06. The impeller may or may not be guarded.'' DOE also proposed to 
define a housed ACFH as an air circulating fan with an axial or 
centrifugal impeller, and a housing. 87 FR 44194, 44216.
    DOE further proposed definitions for the four categories of housed 
air circulating fans. DOE proposed to adopt the definitions of air 
circulating axial panel pan, box fan, cylindrical air circulating fan, 
and housed centrifugal air circulator as considered by the AMCA 230 
committee, with the following clarifications: (1) replace ``air 
circulating fan'' considered by the AMCA 230 committee by ``housed air 
circulating fan head'' to explicitly indicate that each of these fans 
are housed ACFHs; (2) replace the term ``circulator'' as used by the 
AMCA 230 committee with ``circulating fan'' for consistency in 
terminology; and (3) remove the examples of additional terms used 
commonly by industry. Id.
    In response to the July 2022 NOPR, AMCA commented that it submitted 
a comment on July 7, 2022, that included definitions of air circulating 
fans and related terms that were approved by the AMCA 230 committee, 
and that this submission was not included in the July 2022 NOPR. (AMCA, 
No. 41 at pp. 12-13) AMCA further commented that the AMCA 230 committee 
supported the proposal to use the categories defined in revisions under 
way for the AMCA 230 standard, namely housed ACFH, unhoused ACFH, and 
ceiling fans. (AMCA, No. 41 at p. 7)
    Although AMCA submitted the comment prior to the publication date 
of the July 2022 NOPR, DOE notes that the comments were not received 
early enough to be incorporated at the time of drafting and were made 
on the pre-publication version of the NOPR, which is intended to 
provide stakeholders additional time to review and prepare comments 
(see discussion related to this comment in section III.A.).\56\ 
However, DOE reviewed the definitions included in the additional 
comments provided by AMCA (AMCA, No. 13 at pp. 6-9) and these match the 
definitions considered by the AMCA 230 committee as discussed in the 
July 2022 NOPR. In addition, these definitions align with those 
published in AMCA 230-23. DOE therefore concludes that the proposed 
definitions align with the latest definitions published in AMCA 230-23 
and adopts the definitions of air circulating fans and related terms as 
proposed.
---------------------------------------------------------------------------

    \56\ The comment was submitted on July 6, 2022. See 
www.regulations.gov/comment/EERE-2021-BT-TP-0021-0013 and the 
October 2021 RFI comment period ended on November 15, 2022, as 
discussed in section I.B of this document.
---------------------------------------------------------------------------

5. Outlet Area
    In the July 2022 NOPR, DOE noted that section 5.5.4 of AMCA 230-15 
(with errata) defined the discharge area of an air circulating fan as 
the area of a circle having a diameter equal to the blade tip diameter. 
DOE noted that this definition was only applicable to unhoused ACFHs as 
the discharge area of a housed ACFH is determined based on the surface 
area at the exit of the housing and is not based on the fan blade tip 
diameter. DOE proposed a definition for fan outlet area specific to air 
circulating fans as (i.e., ``air circulating fan outlet area''): (1) 
for unhoused ACFHs, the area of a circle having a diameter equal to the 
blade tip diameter; (2) for housed ACFHs, the inside area perpendicular 
to the airstream, measured at the plane of the opening through which 
the air exits the fan. In the July 2022 NOPR, DOE further noted that 
the AMCA 230 committee is considering revising the definition of 
discharge area to include housed ACFHs, and to replace the term 
``discharge area'' by ``fan outlet area,'' which is a more commonly 
used term. 87 FR 44194, 44217.
    Generally, DOE further specified that for all definitions related 
to air circulating fans, DOE was aware that the revisions being 
considered by the AMCA 230 committee are subject to change and could 
further be revised in the next version of AMCA 230. DOE added that 
should the revised version of AMCA 230 publish prior to the publication 
of any DOE test procedure final rule, DOE intended, after considering 
stakeholder feedback received in response to the proposals in the July 
2022 NOPR, to revise the definitions in line with the latest AMCA 230 
standard, provided the updates in

[[Page 27340]]

this standard are consistent with the definitions DOE proposed in the 
July 2022 NOPR or the updates are related to topics that DOE has 
discussed and for which DOE has solicited comments in the July 2022 
NOPR. Id.
    AMCA commented that it agreed with DOE's use of outlet area for air 
circulating fans where the outlet area is smaller than the discharge 
area, as this solves one potential issue with the discharge-area 
definition in AMCA 230-15. However, AMCA stated that DOE's proposed use 
of air circulating-fan outlet area creates an issue with historical 
test data. AMCA commented that the Bioenvironmental and Structural 
System (BESS) Laboratory's historical performance data for air 
circulating-panel, box, and tube fans is based on area determined using 
impeller diameter (not the cross-sectional outlet area of the housing). 
As the BESS Lab data is the largest set of publicly available, third-
party air circulating-fan performance data, it is likely DOE based much 
of its analysis on this historical performance data. For all potential 
future users of the data, the AMCA 230 technical committee proposes the 
following definitions, which will be included in the upcoming edition 
of AMCA 230: (1) discharge area: area of a circle having a diameter 
equal to the blade tip diameter; and (2) fan outlet area: the gross 
inside area measured at the plane of the outlet opening. In addition, 
AMCA commented that the revised AMCA 230 would specify that the airflow 
rate and efficiency calculations for unhoused air circulating fan heads 
must use the discharge area, while airflow rate and efficiency 
calculations for housed air circulating fan heads must use the lesser 
of the values for fan outlet area and discharge area. (AMCA, No. 41 at 
pp. 13-14)
    DOE reviewed the definitions of discharge area and fan outlet area 
provided by AMCA and concluded that the AMCA definition of discharge 
area aligns with the proposed definition of outlet area for unhoused 
air circulating fans and that the definition of fan outlet area aligns 
with the proposed definition of outlet area for housed air circulating 
fans. To align with industry terminology, DOE distinguishes between fan 
discharge area and fan outlet area as characterized by AMCA. DOE notes 
that the distinction is not based on the presence or absence of 
housing, but rather in the physical area considered. In addition, to 
further distinguish between housed and unhoused air circulating fans, 
DOE is adopting the additional instructions in section 8.4 of AMCA 230-
23 to specify that the airflow rate and efficiency calculations for 
unhoused air circulating fan heads must use the discharge area while 
airflow rate and efficiency calculations for housed air circulating fan 
heads must use the lesser of the values for fan outlet area and 
discharge area. DOE has determined that including this distinction as 
part of the test instructions, rather than in the definitions ensures 
alignment with industry terminology and reflects current testing 
practices.
    For fans and blowers other than air circulating fans, in the July 
2022 NOPR, DOE noted that Annex H of AMCA 210-16 includes requirements 
for determining where the fan outlet area is measured for different fan 
categories and references AMCA 99-16, which includes further diagrams 
to aid in the determination of the outlet area. DOE tentatively 
determined that for fans and blowers other than air circulating fans, 
the current definition in AMCA 214-21 and the existing requirements in 
Annex H of AMCA 210-16 were sufficient to determine the outlet area and 
did not propose any edits. 87 FR 44194, 44217.
    Robinson commented that the definition of outlet area provided by 
AMCA 99-16 is the industry standard and that the only time this is 
potentially questioned was when there is more than one outlet plane. 
Otherwise, Robinson commented that it did not see an issue with the 
definition of fan outlet and fan outlet area. (Robinson, No. 43 at p. 
7) In this final rule, DOE makes no changes to how the fan outlet area 
is determined for fans and blowers other than air circulating fans, 
based on Annex H of AMCA 210-16, which references AMCA 99-16. Robinson 
noted a potential improvement of the definition may be needed in the 
case when there is more than one outlet plane. However, Robinson did 
not provide additional details and at this time, DOE is not changing 
how the fan outlet area is determined for fans and blowers other than 
air circulating fans.
6. Air Curtains
    In the July 2022 NOPR, DOE proposed to exclude fans and blowers 
embedded in air curtains and noted that the CEC defined an air curtain 
unit as equipment providing a directionally controlled stream of air 
moving across the entire height and width of an opening that reduces 
the infiltration or transfer of air from one side of the opening to the 
other and/or inhibits the passage of insects, dust, or debris. However, 
DOE did not propose a definition for this equipment. 87 FR 44194, 
44207-44208 at fn. 25.
    The CEC recommends defining ``air curtain unit'' as follows: Air 
curtain unit means equipment that produces a directionally controlled 
stream of air with a minimum width-to-depth aspect ratio of 5:1 and a 
discharge that is not intended to be connected to unitary ductwork. The 
controlled stream of air is designed to span the height and width of an 
opening and reduce the infiltration or transfer of air from one side of 
the opening to the other and/or inhibit the passage of insects, dust, 
or debris. (CEC, No. 30 at p. 2)
    DOE did not propose a definition for air curtain. As noted in the 
July 2022 NOPR, air curtains are used in entrances to buildings or 
openings between two spaces conditioned at different temperatures. Air 
curtains include fans packaged with a motor, filter, outlet section (a 
nozzle, discharge grille, etc.), and in some cases a mounting plate, 
and/or an electric heater or water heater. 87 FR 44194, 44207. DOE did 
not find any ambiguity in identifying this equipment and as such, is 
not adopting a definition of air curtain at this time.
7. Basic Model
    The basic model concept allows manufacturers to group like models 
for the purpose of making representations of energy efficiency and/or 
energy use, including for the purpose of demonstrating compliance with 
DOE's energy conservation standards to the extent DOE has established 
such standards. The concept of basic model may allow manufacturers to 
reduce the amount of testing they must do to rate the energy use or 
efficiency of their products. DOE's current regulations provide 
equipment-specific basic model definitions, which typically state that 
models within the same basic model group have ``essentially identical'' 
energy or water use characteristics; as well as a general definition 
that provides (with some exceptions noted in the regulatory text) that 
a basic model means ``all units of a given type of product (or class 
thereof) manufactured by one manufacturer, having the same primary 
energy source, and which have essentially identical electrical, 
physical, and functional characteristics that affect energy 
consumption, energy efficiency, water consumption, or water 
efficiency.'' See for example 10 CFR 430.2; 431.62, 431.152, 431.192, 
431.202, 431.222, and 431.292.
    In the July 2022 NOPR, DOE proposed a definition of a basic model 
specific to fans as follows: ``all units of fans and blowers 
manufactured by one manufacturer, having the same primary energy 
source, and having essentially identical electrical, physical, and

[[Page 27341]]

functional (e.g., aerodynamic) characteristics that affect energy 
consumption. In addition: (1) all variations of blade pitches of an 
adjustable-pitch axial fan may be considered a single basic model; and 
(2) all variations of impeller widths and impeller diameters of a given 
full-width impeller and full-diameter impeller centrifugal fan may be 
considered a single basic model.'' DOE further proposed to define 
``full-width impeller'' and ``full-diameter impeller'' as ``the maximum 
impeller width and the maximum impeller diameter with which a given fan 
basic model is distributed in commerce.'' 87 FR 44194, 44213.
    In general, Morrison commented that the definition of a basic model 
is acceptable but noted the considerable number of basic models--in the 
thousands in many categories. (Morrison, No. 42 at p. 4) In general, 
AMCA stated acceptance of the definition of a basic model, but noted 
there will be a very large number of basic models being registered in 
the CCMS. AMCA provided an example of one axial-fan product line, for 
which 60 basic models resulted from the variety of blade spans, hub 
diameters, blade counts, and blade pitches. (AMCA, No. 41 at pp. 9-10)
    NEEA commented that in the definition of a basic model, DOE assumes 
that a fan experiences similar impeller trimming to a pump. NEEA 
commented that in practice, however, fans are rarely if ever trimmed 
from the full-impeller diameter so identifying this feature is not 
necessary. NEEA noted that by contrast, features like hub diameter are 
specific to fans, but do not exist in pumps and DOE should consider 
them in defining a basic model for fans. (NEEA, No. 36 at p. 6)
    Fan and blower manufacturers may offer for sale the same bare shaft 
fan assembled, packaged, or integrated with different motor, 
transmission, and control combinations. Based on DOE's proposed basic 
model definition, the same bare shaft fan, sold with different 
combinations of motor, transmission, and controls (or as a bare shaft 
fan) could be grouped under the same basic model. In addition, fan 
manufacturers would be able to elect to group similar individual fan 
models within the same basic model under the same ratings to reduce 
testing burden, provided that all representations regarding the energy 
use of fans within that basic model are identical and based on the most 
consumptive unit. See 76 FR 12422, 12428-12429 (March 7, 2011).\57\ 
Manufacturers would have the option to certify separate ratings for 
each combination of bare shaft fan, motor, transmission, and/or control 
in order to make separate representations of the performance of each 
specific combination. In view of the substantial number of fans that 
could be subject to an individual certification requirement for each 
basic model, DOE notes that the proposed definition of basic model 
would allow variations of blade pitches of an adjustable-pitch axial 
fan to be considered a single basic model.
---------------------------------------------------------------------------

    \57\ These provisions would allow manufacturers to group 
individual models with essentially identical, but not exactly the 
same, energy performance characteristics into a basic model to 
reduce testing burden. Under DOE's certification requirements, all 
the individual models within a basic model identified in a 
certification report as being the same basic model must have the 
same certified efficiency rating and use the same test data 
underlying the certified rating. The March 7, 2011, Final Rule also 
established that the efficiency rating of a basic model must be 
based on the least efficient or most energy consuming individual 
model (i.e., all individual models within a basic model must be at 
least as energy efficient as the certified rating). 76 FR 12422, 
12428-12429.
---------------------------------------------------------------------------

    Additionally, DOE proposed that all variations of a given full-size 
impeller width and full-size impeller diameter may be considered to be 
part of a single basic model represented by the fan with the full-size 
impeller width and full-size diameter. 87 FR 44194, 44213. In the July 
2022 NOPR, DOE did not propose to group fans with varying hub diameters 
and is not opting to add this in the definition of basic model at this 
time and adopts the definition of basic model as proposed in the July 
2022 NOPR. See id. Further, DOE notes that in comments submitted to the 
CEC docket, several stakeholders \58\ have expressed interest in 
grouping fans of variations of the same impeller into the same basic 
model and continues to believe that identifying the variations of 
impeller in the basic model definition is useful.
---------------------------------------------------------------------------

    \58\ AMCA and Joint Advocates (ASAP, NEEA, NRDC, ACEEE, and CA 
IOUs), Comments to the CEC Draft Staff Report, 
efiling.energy.ca.gov/GetDocument.aspx?tn=224829 (p.9).)).
---------------------------------------------------------------------------

    The CA IOUs requested that DOE adjust its definition of ``basic 
model'' to refer to the nominal diameter and width of impellers in 
place of ``full-width'' and ``full-diameter'' impeller since custom 
impellers may be adjusted to be larger or smaller than the nominal 
size. The CA IOUs explained that unlike pumps, fabricated fan impellers 
have adjustable widths and diameters that can increase or decrease and 
manufacturers typically make these adjustments to attain precise 
airflow and pressure at synchronous speed of an induction motor. (CA 
IOUs, No. 37 at pp. 9-10)
    As previously stated, DOE proposed to define ``full-width 
impeller'' and ``full-diameter impeller'' as ``the maximum impeller 
width and the maximum impeller diameter with which a given fan basic 
model is distributed in commerce.'' As such, the impeller would only be 
adjusted to a smaller size as the larger size would then meet the 
definition of the full-impeller. Therefore, DOE is not adopting the 
term ``nominal.''
    New York Blower commented that the proposed definition of a basic 
model for fans, which distinguishes on the basis of energy consumption, 
contributes to the volume of testing required. Specifically, New York 
Blower commented that not being able to group a fan series of different 
sizes and geometric similarity (i.e., ``fan product line'') results in 
at least each size having to be considered a basic model. New York 
Blower added that ideally a single size fan or a subset of all the 
sizes offered to the market could be used to certify an entire fan 
series. New York Blower commented that this would result in a 
significant reduction in clerical and administrative activity to report 
ratings to the DOE to support offering products in the market. New York 
Blower added that such an approach was used in the Californian 
Commercial Fans and Blower rulemaking where the ratings of sizes within 
a product were distinguished as either a tested model or a calculated 
model. (New York Blower, No. 33 at pp. 5, 10)
    New York Blower added that recertifying fans annually that are 
unlikely to change for years creates an overhead burden to keeping the 
product on the market, even if a sparse quantity of units are sold into 
the market. Specifically, New York Blower noted that the fan market, 
and in particular the industrial fan market, is a build-on-demand 
market. While there may be some designs that sell a large quantity of 
units, New York Blower commented that it is more likely that many 
distinct and different units across the broad spectrum of products and 
sizes available will be sold and manufactured to the wide variety of 
customer demands. New York Blower stated that placing an administrative 
burden and consequent cost on a multitude of products that are rarely 
sold but needed, valued, and installed efficiently in systems when they 
are required, created no value to the consumer and provided no energy 
savings considering the units are infrequently sold. Therefore, New 
York Blower commented that it would be administratively expedient to be 
able to reference certification of geometrically similar products to a 
reference, tested

[[Page 27342]]

fan--similar to the CRP-8 [Certified Rating Program] form and process 
incorporated in the AMCA CRP program.\59\ New York Blower added that an 
example would be for all sizes of a product line larger than 40 inches 
in diameter to reference, and be certified by, the 40-inch test results 
without an AEDM or administrative burden. (New York Blower, No. 33 at 
p. 10)
---------------------------------------------------------------------------

    \59\ DOE notes that this form is available at www.amca.org/assets/crpdocument/CRP_8.pdf.
---------------------------------------------------------------------------

    Robinson commented that the definition of basic model needs further 
explanation from the perspective of an industrial process custom fan 
manufacturer, and that the idea of a basic model makes sense for 
manufacturers of a standard product line. Robinson commented that it 
manufactures a number of fan designs that are modified to suit the 
needs of a customer's specific requirements. In other words, Robinson 
stated, a given design could operate anywhere between 1 and 150 hp and 
well beyond with varying efficiency (FEI). Robinson commented that the 
example provided on page 73 of the NOPR states, ``if a manufacturer 
offers the same fan model in the following full-impeller sizes: 60, 70, 
80 and 90 inches, each full-impeller size would constitute a separate 
basic model. However, a fan with an impeller trimmed to 69 inches could 
be grouped with the same 70-inch untrimmed fan.'' Robinson commented 
that without an AEDM, this sounded like a custom fan manufacturer would 
have to more or less test everything that falls within the limitations 
as Robinson does not have catalog equipment. (Robinson, No. 43 at p. 6)
    DOE notes that different-size fans would not operate at the same 
duty points and do not have essentially identical electrical, physical, 
and functional characteristics that affect energy consumption and 
energy efficiency. Therefore, an approach as described by New York 
Blower, where a manufacturer would only certify a subset of sizes 
within a product line, is not feasible. DOE notes that however, a 
manufacturer could test a subset of sizes within a product line and 
apply the fan laws as allowed in Annex E of AMCA 214-21 in order to 
calculate the performance data of all fans in the same product line 
without the application of an AEDM, thereby reducing manufacturer 
burden. With regard to custom fans for which a single made-to-order fan 
is manufactured, general sampling requirements for all covered 
equipment at 10 CFR 429.11(b), and Sec.  429.11(b)(2) provides 
provisions for sampling when only one unit of a basic model is 
produced.\60\ In accordance with these provisions, a single made-to-
order product must be tested to ensure it complies with the standard. 
To reduce testing burden, DOE is adopting AEDM provisions that would 
allow certification of a made-to-order product in lieu of testing. (See 
section III.I of this document.) Certification would be based on the 
test results of the one unit, or AEDM ratings for the model. In 
addition, DOE notes that this test procedure would not result in any 
certification requirements.
---------------------------------------------------------------------------

    \60\ Section 429.11(b)(2) specifies that if only one unit of the 
basic model is produced, that unit must be tested and the test 
results must demonstrate that the basic model performs at or better 
than the applicable standard(s). If one or more units of the basic 
model are manufactured subsequently, compliance with the default 
sampling and representations provisions is required.
---------------------------------------------------------------------------

D. Industry Standards

    DOE's established practice is to adopt industry standards as DOE 
test procedures, unless such methodology would be unduly burdensome to 
conduct or would not produce test results that reflect the energy 
efficiency, energy use, water use (as specified in EPCA), or estimated 
operating costs of that product during a representative average use 
cycle. 10 CFR 431.4; 10 CFR part 430, subpart C, appendix A, section 
8(c).
    The Working Group recommended that the test procedure for fans and 
blowers other than air circulating fans:
    (1) For standalone (non-embedded) fans, be based on a physical test 
performed in accordance with the latest version of AMCA 210 (i.e., 
available at the time of publication of any test procedure final rule) 
\61\ (Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendation #7 at 
p. 5);
---------------------------------------------------------------------------

    \61\ Currently the latest version of AMCA 210 is AMCA 210-16.
---------------------------------------------------------------------------

    (2) Establish methods to determine the ``FEP'' either by: the 
direct measurement of the electrical input power to the fan, or by the 
measurement of the mechanical input power to the fan (i.e., a fan shaft 
power test, which captures the performance of the bare shaft fan) \62\ 
and by applying default values (i.e., calculation algorithms) to 
reflect the additional motor, transmission, or motor controller energy 
use (Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendation #9 at 
pp. 5-6); and
---------------------------------------------------------------------------

    \62\ A bare-shaft fan is a fan without a motor or any other 
drive.
---------------------------------------------------------------------------

    (3) Allow the use of equations (``fan laws'') to determine the 
performance of a bare shaft fan at a non-tested speed, based on the 
results of a test conducted at a different speed (Docket No. EERE-2013-
BT-STD-0006, No. 179, Recommendation #17 at p. 10).
    The Working Group also recommended specific test set-up and minimal 
testable configurations to use for each fan category.\63\ (Docket No. 
EERE-2013-BT-STD-0006, No. 179, Recommendation #7 at p. 5)
---------------------------------------------------------------------------

    \63\ AMCA 214-21 references AMCA 210-2016 as the physical test 
method to use for fans and blowers (except ACFHs). AMCA 210-16 
describes four fan test set-ups (or ``installation categories'') 
designated by a letter, depending on the ducting at the inlet and 
outlet of the fan. ``A'': free inlet, free outlet; ``B'': free 
inlet, ducted outlet; ``C'': ducted inlet, free outlet; and ``D'': 
ducted inlet, ducted outlet.
---------------------------------------------------------------------------

    The Working Group further made recommendations on calculation 
algorithms and reference values to use to represent the motor, 
transmission, and motor controller energy efficiency when testing a fan 
based on a fan shaft power test. (Docket No. EERE-2013-BT-STD-0006, No. 
179, Recommendations #10 through #15 at pp. 6-9) Additionally, the 
Working Group recommended that embedded fans be tested in a standalone 
fan configuration (i.e., outside of the piece of equipment in which 
they are embedded). Because some components of embedded fans may not be 
removable without causing irreversible damage to the equipment, the 
Working Group recommended non-impeller components of the fan that are 
geometrically similar to the ones used by the fan as embedded in the 
larger piece of equipment be used to complete the fan testable 
configuration. (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #8 at pp. 5-6) The Working Group also recommended 
calculating FEP as the ratio of the electrical input power of a 
reference fan (in this case, a fan that is exactly compliant with any 
future fan energy conservation standards) to the electrical input power 
of the actual fan for which the FEP is calculated, both established at 
the same duty point.\64\ In addition, the Working Group recommended 
using either static or total pressure \65\ to characterize the duty 
point of a fan and to calculate the associated reference FEP, depending 
on the fan category and the test set-up used.\66\ (Docket No.

[[Page 27343]]

EERE-2013-BT-STD-0006, No. 179, Recommendations #18 and #19 at pp. 10-
11) Finally, the Working Group recommended equations and default values 
to use when calculating the reference FEP of a fan at a given duty 
point. (Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendations #18 
through #21 at pp. 10-12)
---------------------------------------------------------------------------

    \64\ A duty point is characterized by a given airflow and 
pressure and has a corresponding operating speed.
    \65\ Fan total pressure is the air pressure that exists by 
virtue of the state of the air and the rate of motion of the air. It 
is the sum of velocity pressure and static pressure at a point. If 
air is at rest, its total pressure will equal the static pressure.
    \66\ Depending on the fan category, the fan performance is 
represented using a test set-up with a ducted outlet (i.e., using 
total pressure) or a free outlet (i.e., using static pressure) to 
reflect typical usage conditions. Fans with ducts attached to the 
fan's outlet are typically selected based on their performance at a 
given airflow and total pressure, because both the static pressure 
and fan velocity pressure are available to overcome system 
resistance. However, fans with a free outlet are typically selected 
based on their performance at a given airflow and static pressure, 
because the velocity pressure cannot be used to overcome system 
resistance. The Working Group recommended using total pressure for 
some categories of fans (i.e., axial cylindrical housed fans, 
centrifugal housed fans, inline and mixed flow fans, and radial 
housed fans) and static pressure for others (i.e., panel fans, 
centrifugal unhoused fans, and PRVs).
---------------------------------------------------------------------------

    Since the publication of the term sheet, AMCA has revised and 
developed test standards consistent with the recommendations of the 
Working Group:
     In September 2016, AMCA published AMCA 210-16, which 
updated ANSI/AMCA 210-2007, ``Laboratory Methods of Testing Fans for 
Certified Aerodynamic Performance Rating,'' to include a wire-to-air 
test method, which captures the performance of any motor, transmission, 
or motor controller present in the fan, in addition to the performance 
of the bare shaft fan (i.e., a measurement of the FEP in kW), in 
addition to the previously existing methods for conducting laboratory 
tests to determine fan shaft power in hp, airflow in cubic feet per 
minute (``CFM''), pressure in in. wg, and at a given speed of rotation 
in ``RPM.''
     In April 2017, AMCA published ANSI/AMCA Standard 207-2017, 
``Fan System Efficiency and Fan System Input Power.'' This publication 
provides calculation algorithms representing the performance of 
reference motors, transmissions, and motor controllers. These 
calculations can be directly applied to the results of a fan shaft 
power test in accordance with AMCA 210-16 to obtain the FEP of a fan at 
a given duty point.
     In January 2018, AMCA published ``AMCA 208-18.'' This 
publication defines FEI as the ratio of the electrical input power of a 
reference fan to the electrical input power of the actual fan for which 
FEI is calculated, both established at the same duty point. It provides 
equations to calculate the FEP of a fan as a function of airflow and 
pressure (either static or total depending on the fan category 
considered).
    Building on these test standards, AMCA developed a new AMCA 214-21 
test method, which was approved by ANSI on March 1, 2021. AMCA 214-21 
combines provisions of AMCA 210-16, AMCA 207-17, and AMCA 208-18, as 
well as portions of AMCA 211-13 (R2018), ``Certified Ratings Program 
Product Rating Manual for Fan Air Performance'' (``AMCA 211-13'') into 
a single standard.\67\ Consistent with the recommendations of the 
Working Group, AMCA 214-21 provides methods to establish the FEP either 
by: (1) the measurement of the electrical input power to the fan (i.e., 
a ``wire-to-air'' test); or by (2) the measurement of the fan shaft 
power and the application of calculation algorithms to reflect 
additional motor, transmission, or control energy use. In each case, 
the fan power measurements are performed in accordance with AMCA 210-16 
or ISO 5801:2017, which is referenced in AMCA 214-21 as an equivalent 
test procedure to AMCA 210-16. AMCA 214-21 also references laboratory 
test methods for additional categories of fans such as jet fans, 
circulating fans, and induced flow fans.\68\ Specifically, AMCA 214-21 
references AMCA 230-15 \69\ as the industry test procedure to follow 
when conducting performance measurements on air circulating fans. In 
addition, AMCA 214-21 adds specific test instructions to ensure test 
repeatability and reproducibility. Specifically, AMCA 214-21 defines a 
single set of test set-ups that must be used when conducting a test to 
ensure comparability of results (See Table III-9). Further, AMCA 214-21 
specifies how to select the speed(s) and duty points at which to 
conduct the test, as well as which accessories to include in the test 
(See Table III-10).
---------------------------------------------------------------------------

    \67\ AMCA 211-13 provides instructions on how to apply fan laws 
and on how to perform a test when establishing an AMCA-certified 
rating. Some of these instructions were revised and integrated in 
AMCA 214.
    \68\ AMCA 230-15, AMCA 250-12, ``Laboratory Methods of Testing 
Jet Tunnel Fans for Performance,'' and AMCA 260-20, ``Laboratory 
Methods of Testing Induced Flow Fans for Rating,'' for testing 
circulating fans, jet fans, and laboratory exhaust fans with induced 
flow.
    \69\ AMCA 230-15 provides methods for conducting laboratory 
tests to determine the performance characteristics of circulating 
fans including the FEP in W, speed in RPM, pressure in inches of 
mercury, airflow in CFM, thrust in pound force (lbf), efficacy in 
CFM/W, and overall efficiency in lbf/W.

                                                      Table III-9--AMCA 214-21 Test Configurations
                                                               [Table 7.1 of AMCA 214-21]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Required                                        Optional
        Fan configuration              Test standard    ------------------------------------------------------------------------------------------------
                                                           Test configuration *    FEI pressure basis **    Test configuration      FEI pressure basis
--------------------------------------------------------------------------------------------------------------------------------------------------------
Centrifugal housed...............  AMCA 210-16.........  B or D.................  Total.................  A or C................  Static.
Radial housed....................  AMCA 210-16.........  B or D.................  Total.................  A or C................  Static.
Centrifugal inline...............  AMCA 210-16.........  B or D.................  Total.................  A or C................  Static.
Centrifugal unhoused.............  AMCA 210-16.........  A......................  Static................  N/A...................  N/A.
Centrifugal PRV exhaust..........  AMCA 210-16.........  A or C.................  Static................  N/A...................  N/A.
Centrifugal PRV supply...........  AMCA 210-16.........  B......................  Total.................  A.....................  Static.
Axial inline.....................  AMCA 210-16.........  D......................  Total.................  C.....................  Static.
Axial panel......................  AMCA 210-16.........  A......................  Static................  N/A...................  N/A.
Axial PRV........................  AMCA 210-16.........  A or C.................  Static................  N/A...................  N/A.
Circulating Fans.................  AMCA 230-15.........  E......................  Total.................  N/A...................  N/A.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Each letter corresponds to a test set-up described in Section 7.1 of AMCA 214-21. A: free inlet, free outlet; B: free inlet, ducted outlet; C: ducted
  inlet, free outlet; D: ducted inlet, ducted outlet.
** This indicates that reference FEP used in the FEI calculation is established using either static or total pressure as indicated in this table and as
  determined by the required test configuration.


[[Page 27344]]


                                                         Table III-10--AMCA 214-21 Test Options
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Test description  (section 6 of                               Motor controller          Transmission                               FEP determination
            AMCA 214-21)              Driver configuration        configuration          configuration          Test speed(s)              method
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wire to air test at all speeds.....  Motor.................  With or without a       With or without        All speeds **........  Section 6.1 of AMCA
                                                              motor controller.       transmission.                                 214-21.
Wire to air test at selected speeds  Motor.................  With or without a       With or without        At least two speeds..  Section 6.2 of AMCA
                                                              motor controller.       transmission.                                 214-21.
Fan shaft power test for fans        None..................  With or without a       Without transmission.  At least one speed...  Section 6.3 of AMCA
 without a motor *.                                           motor controller.                                                     214-21.
Fan shaft power test for fans with   Electric motors         With a variable         Direct drive, V-belt   At least one speed...  Section 6.4 of AMCA
 a regulated motor *.                 subject to standards    frequency drive in      drive, flexible                               214-21.
                                      at 10 CFR 431.25.       accordance with         coupling, or
                                                              section 6.4.1.4 of      synchronous belt
                                                              AMCA 214-21 or          drive.
                                                              without a motor
                                                              controller.
Fan shaft power test and motor/      Motor.................  With or without a       Direct drive, V-belt   At least one speed...  Section 6.5 of AMCA
 motor and controls test *.                                   motor controller.       drive, flexible                               214-21.
                                                                                      coupling, or
                                                                                      synchronous belt
                                                                                      drive.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* With or without the use of interpolation or fan laws as provided in Annex E.
** All speeds for which FEP values are generated.

    In the July 2022 NOPR, DOE proposed to incorporate by reference 
AMCA 214-21 as the prescribed test method for evaluating the energy use 
of fans and blowers, with modifications discussed in section III.E of 
this document. DOE also proposed to incorporate by reference AMCA 210-
16, ISO 5801:2017, and AMCA 230-15 (with errata) (or latest version 
available at the time of the any final rule),\70\ which are the 
physical test methods referenced in AMCA 214-21 for fans and blowers 
and air circulating fans. 87 FR 44194, 44121.
---------------------------------------------------------------------------

    \70\ In the July 2022 NOPR, DOE noted that it was aware that 
AMCA 230-15 is currently undergoing periodic review and may be 
revised in the future. Should a new version become available at the 
time of any final rule, DOE would incorporate by reference the 
latest available version of AMCA 230.
---------------------------------------------------------------------------

    In response to the July 2022 NOPR, AMCA commented that AMCA 214-21 
itemizes which method of physical testing applies adequately to which 
fan category and that these physical measurements are perfectly 
suitable for deriving each of the energy performance ratings considered 
by this rulemaking. AMCA commented that each of those methods provides 
for the relevant fan types their fan air performance and input power. 
AMCA added that AMCA 210 and ISO 5801 were the only appropriate test 
methods for fans that generate fan static pressure when applied as 
intended. AMCA added that AMCA 230 is the single appropriate test 
method for measuring the performance of air circulating fans that 
operate at zero fan static pressure with at least 125 W electrical 
input power and noted that air circulating fans below 125 W electrical 
power are in the scope of IEC 60879, ``Comfort fans and regulators for 
household and similar purposes.'' AMCA noted that too few AMCA members 
supply low-power air circulating fans and that AMCA was unable to 
provide more detailed comments. AMCA added that these industry 
standards measure input power (W) and that prediction of energy 
consumption (kWh) requires knowledge of operating hours and load, which 
are too diverse to develop an average use cycle representing the fan 
industry at large. AMCA noted that the energy-conservation metric that 
is being defined by DOE references FEI as defined in AMCA 214-21, and 
because FEI is calculated for a given duty point, energy consumption is 
inversely proportional to FEI during any use cycle. (AMCA, No. 41 at 
pp. 14-15)
    AMCA further commented that AMCA 210 and AMCA 230 establish uniform 
test methods to ensure test procedure repeatability. AMCA added that 
requirements within the standards, such as maintaining instrument 
accuracy and calibration, contribute to attaining repeatability. 
Additionally, to help achieve reproducibility between accredited 
laboratories, AMCA's laboratory accreditation program requires that 
AMCA audit instrument calibration, compare air-performance test results 
from AMCA's laboratory against results obtained in the laboratory under 
review, and conduct independent readings of certain parameters during 
the test for verification of instrumentation accuracy. AMCA commented 
that AMCA 214 specifies calculations based on data from various 
relevant laboratory methods of test and that AMCA does not recommend 
any changes to these standards in regard to repeatability and 
reproducibility. In addition, AMCA noted that: (1) AMCA 210 and ISO 
5801 are mature test methods that have been used globally for many 
years; and (2) thrust-testing per AMCA 230 is straightforward. In 
addition, AMCA already notes that thrust-testing also is used in the 
DOE test method for large diameter ceiling fans (LDCFs); and (3) as 
part of the AMCA Lab accreditation program, the same fan is tested at 
AMCA accredited labs and retested at the AMCA Lab with strict tolerance 
limits, similar to what is done in a round robin and AMC added it could 
provide test data from multiple labs for the same fan. (AMCA, No. 41 at 
pp. 15-16)
    AMCA also noted that AMCA 210-16 will be heading into its ANSI-
required review/update cycle later in 2022. AMCA expected this to be a 
revision cycle, not an affirmation, as affirmations only comprise 
editorial corrections. AMCA commented that this revision would take 
some time and recommended that DOE not consider the upcoming revision 
update to AMCA 210. AMCA commented that since the last revision, public 
comments have accumulated via AMCA's website; however, AMCA does not 
recommend any changes with regard to AMCA 214-21 and AMCA 210-16. 
(AMCA, No. 41 at p. 16)
    AMCA also commented that AMCA 230 is nearing the completion of its 
ANSI-required review/update cycle. AMCA commented that it expects this 
revision to be completed in the near future. AMCA recommended that DOE 
reference the updated version of AMCA 230 and advised DOE that AMCA 
230's revision is nearing completion with the draft out for committee 
ballot. AMCA stated it expected AMCA 230 to be published as an ANSI/
AMCA standard in late 2022 or early 2023. (AMCA, No. 41 at pp. 16-17)
    ebm-papst commented that AMCA 210, ISO 5801, and AMCA 230 (as 
applicable) provided representative measurements of fan power 
consumption, which were suitable for determining fan efficiency. ebm-
papst recommended adopting AMCA 210-16, AMCA 214-21, and AMCA 230-15

[[Page 27345]]

without any changes. (ebm-papst, No. 31 at pp. 7-8)
    New York Blower commented that AMCA 214-21 and the corresponding 
FEI metric reasonably estimated energy efficiency and functioned as a 
viable measure of changes in energy consumption reflected by 
differences in the FEI values. New York Blower commented that the 
representative average use issue had been a troubling one to settle due 
to the wide variety of applications of fans and an industrial 
application can easily be considered to be continuous operation at the 
specified operating conditions for 3,000 hours annually (New York 
Blower, No. 33 at p. 11)
    Trane commented that DOE should reference and adopt AMCA 214-21 as 
its principal test procedure for commercial fans and blowers. (Trane, 
No. 38 at p. 2)
    Greenheck commented that DOE should adopt the test procedures and 
standards in AMCA 210,\71\ 211, and 214 in lieu of the proposed test 
procedures detailed in the July 2022 NOPR. Greenheck commented that the 
proposal by DOE differed from the above AMCA standards in ways that 
would create an extreme burden on the entire fan industry and result in 
little benefit to the consumer or a reduction in energy consumption. 
(Greenheck, No. 39 at pp. 1-2)
---------------------------------------------------------------------------

    \71\ DOE notes that Greenheck's comment lists AMCA 210, AMCA 
211, and AMCA 214 on page 1 of its comments and seems to include a 
typo on page 2 where it lists AMCA 11, AMCA 211, and AMCA 214. 
(Greenheck, No. 39 at pp. 1-2)
---------------------------------------------------------------------------

    Morrison commented that the AMCA 210 and AMCA 214 test procedures 
captured the performance and energy consumption of fans in a clear 
manner for the relevant fans other than air circulating fans. 
(Morrison, No. 42 at p. 4) Morrison commented that AMCA 210 established 
uniform test methods to ensure test-procedure repeatability and that 
requirements within the standard, such as maintaining instrument 
accuracy and calibration, contributed to attaining repeatability. 
Morrison commented that it does not recommend any changes to these 
standards in regard to repeatability and reproducibility as AMCA 210 
was a mature test method that had been used globally for many years. 
(Id. at p. 5)
    As noted by stakeholders, AMCA 210-16, AMCA 214-21, and AMCA 230-23 
are established test standards used by industry to establish the 
performance of fans and blower, including air circulating fans. In 
addition, as previously noted, AMCA 214-21, which references AMCA 210-
16 provides test methods that are consistent with the recommendations 
of the Working Group for fans and blowers other than air circulating 
fans. Therefore, in this final rule, DOE incorporates by reference AMCA 
210-16 and AMCA 214-21 as proposed in the July 2022 NOPR. In addition, 
as discussed in the July 2022 NOPR, DOE is replacing the reference to 
AMCA 230-15 (with errata) with AMCA 230-23.\72\ DOE did not propose to 
incorporate AMCA 211-22, ``Certified Ratings Program Product Rating 
Manual for Fan Air Performance,'' because it does not specify a test 
method but rather certification and rating procedures, and thus DOE is 
not adding this standard. In addition, DOE is modifying certain 
sections of these industry standards as discussed in section III.E of 
this document.
---------------------------------------------------------------------------

    \72\ In the July 2022 NOPR, DOE noted that it is aware that AMCA 
230-15 was undergoing periodic review and may be revised in the 
future. Should a new version become available at the time of any 
final rule, DOE would incorporate by reference the latest available 
version of AMCA 230. 87 FR 44194, 44221.
---------------------------------------------------------------------------

    In addition, due to the comments received on the proposed metric 
(see section III.G of this document) and the adoption of an efficacy 
metric in CFM/W rather than FEI for air circulating fans, DOE is only 
incorporating by reference AMCA 230-23 for air circulating fans instead 
of referencing both AMCA 230-15 (with errata) and AMCA 214-21 as 
proposed. As noted in the July 2022 NOPR, AMCA 214-21 references AMCA 
210-16 and AMCA 230-15 (with errata) as the physical test method, and 
further provides provisions for calculating the FEI. 87 FR 44194, 
44221. Because DOE is adopting an efficacy metric for air circulating 
fans and is not opting to determine the FEI of air circulating fans, 
DOE is no longer referencing AMCA 214-21 for air circulating fans.
    As stated, in the July 2022 NOPR, AMCA 214-21 provides methods to 
establish the FEP of a fan based on fan power measurements which are 
performed in accordance with AMCA 210-16 or ISO 5801:2017, which is 
referenced in AMCA 214-21 as an equivalent test procedure to AMCA 210-
16. 87 FR 44194, 44218-44219. DOE proposed incorporating by reference 
AMCA 214-21, which allows testing fans other than air circulating fans 
in accordance with either AMCA 210-16 or ISO 5801:2017 and DOE 
requested feedback on whether these test methods produce equivalent 
test results.\73\ 87 FR 44194, 44221-44222.
---------------------------------------------------------------------------

    \73\ The July 2022 NOPR included a typographical error in the 
request for comment on the equivalency of AMCA 210-16 and ISO 5801-
2017, which listed AMCA 214-21 instead of AMCA 210-16.
---------------------------------------------------------------------------

    AMCA commented that the test methods prescribed in ISO 5801 and 
AMCA 210 produce equivalent results when the appropriate test setup is 
used. AMCA commented that the technical content of AMCA 210 and ISO 
5801 are in agreement. AMCA added that products in AMCA's Certified 
Ratings Program (CRP) are tested in accordance with both ISO 5801 and 
AMCA 210, and there is reproducibility between both of these test 
methods, as has been observed through the CRP over decades. AMCA added 
that one AMCA member conducted comparative testing in its own ISO 5801 
lab (inlet chamber) and compared the results with an AMCA 210 test 
(inlet chamber/Figure 15) and also with AMCA's labs in Chicago and 
Malaysia and agreement was excellent between each of these labs. (AMCA, 
No. 41 at p. 15)
    New York Blower commented that it relies on the ISO standard and 
review process to ensure the purpose of the two standards is to produce 
a similar result. In general, considering this is a U.S. domestic test 
procedure, New York Blower recommended the use of AMCA 214-21 as the 
governing document in the test procedure. (New York Blower, No. 33 at 
p. 11)
    ebm-papst commented that it has conducted intercompany round-robin 
testing to compare AMCA 210 results with ISO 5801 results and concluded 
that testing fans by these two standards provides equivalent results. 
(ebm-papst, No. 31 at p. 8) Similarly, Morrison commented that testing 
conducted with the same setup in either of these standards produced 
functionally equivalent results. (Morrison, No. 42 at p. 5)
    As noted by AMCA, New York Blower, ebm-papst, and Morrison, AMCA 
210-16 and ISO 5801:2017 provide equivalent test results and DOE 
continues to incorporate by reference AMCA 214-21, which references 
both AMCA 210-16 and ISO 5801:2017 for testing fans and blowers other 
than air circulating fans.
    In addition, in the July 2022 NOPR, DOE further noted that Section 
6.3.1 of AMCA 214-21 provides specific equations to be used for bare 
shaft fans that can only accommodate a direct-drive transmission (i.e., 
fans that are directly coupled to the drive) and DOE requested comment 
on the physical features that could be identified to differentiate bare 
shaft fans that can accommodate only a direct-drive transmission from 
other bare shaft fans. 87 FR 44194, 44219, 44222.
    AMCA commented that AMCA 99-16, Section 9, can be referenced for 
common belt and direct-drive fan-drive

[[Page 27346]]

arrangements, auxiliary bearings, shaft(s), and/or pulley(s) typically 
indicate a belt-drive arrangement. (AMCA, No. 41 at p. 17) Similarly, 
Morrison commented that common belt and direct-drive fan-drive 
arrangements could be found in AMCA 99-16. Additionally, the presence 
of auxiliary bearings, shaft(s), and/or pulley(s) typically indicated a 
belt-drive arrangement. (Morrison, No. 42 at p. 5)
    New York Blower commented that it was possible to convert an 
arrangement 1 fan (belt drive) to an arrangement 8 fan (direct drive) 
merely by replacing the drive sheave with a coupling and an extended 
pedestal to support the motor. New York Blower added that, in reality, 
the shaft and bearings for the drive system would be redesigned to 
accommodate the different drive system, but to the casual observer, it 
would look identical. New York Blower noted that arrangement 4 fans 
have the impeller mounted directly to the motor and so, technically, it 
would not be a fan without the motor. In summary, New York Blower 
commented that it was unable to provide distinguishing physical 
features to assist in the distinction requested and did not see it 
conceivable to do so. (New York Blower, No. 33 at p. 12)
    DOE concludes that the presence of auxiliary bearings, shaft(s), 
and/or pulley(s) would indicate a belt drive arrangement and would 
constitute physical features that would differentiate fans that can 
operate in a belt drive configuration from bare shaft fans that can 
only accommodate a direct-drive transmission. Therefore, DOE is not 
modifying the provisions in section 6.3.1 of AMCA 214-21 which provides 
specific equations to be used for bare shaft fans that can only 
accommodate a direct-drive transmission.

E. Adoption and Modification of the Industry Standards

    As discussed in section III.D, DOE is adopting through reference 
certain provisions of AMCA 214-21 and AMCA 230-23 as the prescribed 
test method for measuring the energy use and energy efficiency of fans 
and blowers. In the July 2022 NOPR, specifically, for fans and blowers 
that are not air circulating fans, DOE proposed that testing be 
performed in accordance with AMCA 214-21, with the modifications 
discussed in the remainder of this section. For air circulating fans, 
DOE proposed that testing be performed in accordance with AMCA 230-15 
with errata, with the modifications discussed in the rest of this 
section. 87 FR 44194, 44221-44222
    For fans other than air circulating fans, the industry test 
procedure (AMCA 214-21) provides methods to calculate the FEI and FEP 
of a fan at each of its duty points based on: (1) the fan electrical 
input measured by a wire-to-air test; or (2) the fan shaft input power 
measured by a shaft-to-air test, and the application of calculation 
algorithms to represents the performance of the motor or motor and 
controller. The industry test procedure (AMCA 214-21) also provides 
methods to calculate the FEP or fan shaft input power at untested duty 
points, based on the performance of test duty points and interpolation 
methods, including the fan laws. For air circulating fans, the industry 
test procedure provides methods to calculate the efficacy in CFM/W of a 
fan at maximum speed based on the fan electrical input measured by a 
wire-to-air test. The following sections discuss key elements of the 
test procedure and modifications to AMCA 214-21 and AMCA 230-23.
    Regarding AMCA 214-21, AMCA recommended that DOE adopt the speed 
and size interpolations standardized in AMCA 214-21. (AMCA, No. 41 at 
p. 16) Morrison recommended that DOE adopt the speed and size 
interpolations standardized in AMCA 214. Further, Morrison recommended 
no changes be made to AMCA 214-21 and AMCA 210-16. (Morrison, No. 42 at 
p. 5) New York Blower requested that fan laws be declared a universally 
accepted AEDM where no testing would be required to apply these laws to 
create ratings. (New York Blower, No. 33 at p. 24)
    In regards to AMCA, Morrison, and New York Blowers comments, DOE 
references section 8.2.1 of AMCA 214-21, ``Fan laws and other 
calculation methods for shaft-to-air testing,'' and section 8.2.3 of 
AMCA 214-21, ``Calculation to other speeds and densities for wire-to-
air testing,'' which allow speed and size interpolations as proposed in 
the July 2022 NOPR. (See 87 FR 44194, 44222.)
    Robinson commented that the July 2022 NOPR stated that when 
applying fan laws, the results of a tested fan are used to calculate 
the fan shaft power of a non-tested fan at a higher speed or with a 
larger diameter than the fan tested. Robinson asked whether DOE 
suggested that compressible fan laws can only be applied to fans that 
are larger or faster than the tested fan. (Robinson, No. 43 at p. 7)
    DOE notes the July 2022 proposed to apply the fan laws as described 
in section 8.2.1 of AMCA 214-21, ``Fan laws and other calculation 
methods for shaft-to-air testing,'' which relies on the calculation 
methods in Annex E of AMCA 214-21.87 FR 44194, 44223. Section E.1.1 
specifies the requirements to apply the fan laws including the 
requirement that the fan must have a greater diameter than the tested 
fan, (See section E.1.1.3 of AMCA 214-21) and must have a fan tip speed 
that is greater than or equal to the tested fan tip speed.
Motor Efficiency Calculation
    For bare shaft fans and fans with an electric motor subject to 
energy conservation standards at 10 CFR 431.25 (``polyphase regulated 
motor''), sections 6.3 and 6.4 of AMCA 214-21 specify testing these 
fans using a shaft-to-air test (i.e., a test that does not include the 
motor performance). When conducting a shaft-to-air test, the mechanical 
fan shaft input power is measured and the FEP is then calculated by 
using a mathematical model to represent the performance of the motor 
(i.e., its part-load efficiency). The FEP is then used to calculate the 
FEI of the fan.
    AMCA 214-21 provides two different methods to estimate the part-
load efficiency of a polyphase regulated motor. A single equation 
presented in section 5.3 and section 6.3.3 of AMCA 214 is used to 
calculate the FEP of the reference fan (``FEPref'') and the 
actual FEP of bare shaft fans (``FEPact''), while a more 
complex model based on several equations described in section 6.4.2.3 
of AMCA 214 is used to calculate the actual FEP of fans sold with 
polyphase regulated motors without a variable frequency drive 
(``VFD''). 87 FR 44194, 44222. DOE proposed to maintain the equation as 
provided in section 5.3 (which are identical to the equations provided 
in section 6.3.3 of AMCA 214-21) and in section 6.4.2.3 of AMCA 214-21 
to estimate the part-load motor efficiency when calculating 
FEPref, FEPact of bare shaft fans,\74\ and the 
FEPact of fans sold with electric motors regulated at 10 CFR 
431.25 (and without VFDs). Id.
---------------------------------------------------------------------------

    \74\ The NOPR did not explicitly specify ``of bare shaft fans'' 
in the preamble; however, the discussion did previously mention that 
the equation in Section 6.3.3 of AMCA 214-21 is identical to the 
equation in Section 5.3 of AMAC 214-21 and applicable to the 
calculation of FEPact for bare shaft fans. See 87 FR 
44194, 44222. In addition, the proposed regulatory text specified 
testing bare shaft fans per Section 6.3 of AMCA 214-21 (See Table 1 
to Appendix A to tSubpart J of Part 431), which includes Section 
6.3.3 of AMCA 214-21. See 87 FR 44194, 44257.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE requested comment on the equations 
provided in section 5.3 and section 6.4.2.3 of AMCA 214-21. 
Specifically, DOE requested comment on whether applying the method 
outlined in section 6.4 of AMCA 214-21 and the equations

[[Page 27347]]

provided in section 6.4.2.3 of AMCA 214-21 could result in a higher 
value of FEI than the FEI resulting from a wire-to-air test in 
accordance with Section 6.1 of AMCA 214-21. Id.
    AMCA supports DOE's proposal to maintain the equations as provided 
in sections 5.3 and 6.4.2.3 of AMCA 214-21 to estimate the part-load 
motor efficiency when calculating FEPref, FEPact, 
and the FEPact of fans sold with electric motors regulated 
at 10 CFR 431.25 (and without VFDs). AMCA commented that the method 
outlined in section 6.4 of AMCA 214-21 will result in slightly higher 
or slightly lower value of FEI than the one outlined in section 6.1. 
AMCA agrees with DOE that this difference is extremely small and not 
significant enough to justify deviating from the established industry 
test procedure. In addition, AMCA recommended to additionally reference 
Section 6.3 of AMCA 214-21 and add it to the list of acceptable methods 
for the case of a bare shaft fan. AMCA stated that because bare shaft 
fans eventually will be paired with motors compliant with current 
federal regulations, and DOE has concluded the impact on FEI is not 
significant, section 6.3 should be mentioned along with section 6.4. 
AMCA added that if a bare shaft fan is likely to be paired with a 
regulated motor, the method outlined in AMCA 211-21 Section 6.3 
provides a convenient and accurate method of calculating FEI when the 
specific motor size and type is unknown. (AMCA, No. 41 at pp. 17-18)
    Morrison stated its general agreement with AMCA's position that the 
entire AMCA 214-21 be adopted including use of sections 6.4.2.3 and 6.3 
of AMCA 214-21. (Morrison, No. 42 at p. 5)
    In the July 2022 NOPR, DOE proposed to rely on Section 6.3 and 
discusses the equation in section 6.3.3 of AMCA 214-21 for determining 
the FEP of bare shaft fans. See 87 FR 44194, 44223, 44257.
    In this final rule, DOE is maintaining the proposed equation as 
provided in section 5.3 and section 6.3.3 of AMCA 214-21 and 
maintaining the proposed equations in section 6.4.2.3 of AMCA 214-21 to 
estimate the part-load motor efficiency when calculating 
FEPref, FEPact of bare shaft fans, and the 
FEPact of fans sold with electric motors regulated at 10 CFR 
431.25 (and without VFDs).
1. Combined Motor and Controller Efficiency Calculation
    For fans with a polyphase regulated motor and a controller, AMCA 
214-21 allows testing these fans using a shaft-to-air test (i.e., a 
test that does not include the motor and controller performance). When 
conducting a shaft-to-air test, the mechanical fan shaft input power is 
measured and the FEP is then calculated by using a mathematical model 
to represent the performance of the combined motor and controller 
(i.e., its part-load efficiency). The FEP is then used to calculate the 
FEI of the fan.
    Section 6.4.2.4 of AMCA 214-21, which relies on Annex B, ``Motor 
Constants if Used With VFD (Normative),'' and Annex C, ``VFD 
Performance Constants (Normative),'' provides a method to estimate the 
combined motor and controller part-load efficiency for certain electric 
motors and controller combinations that meet the requirements in 
sections 6.4.1.3 and 6.4.1.4 of AMCA 214-21, which specify that the 
motor must be polyphase regulated motor (i.e., an electric motor 
subject to energy conservation standards at 10 CFR 431.25).
    In the July 2022 NOPR, DOE noted that it had previously developed a 
similar model to estimate the combined motor and controller part-load 
performance in support of the commercial and industrial pump test 
procedure final rule published on January 25, 2016 (``January 2016 Pump 
TP''), in the case where the motor is a polyphase regulated motor. See 
81 FR 4086, 4128-4130. As noted in the test procedure NOPR pertaining 
to commercial and industrial pump published on April 29, 2015 (``April 
2015 Pumps NOPR''), the model used in the pump test procedure 
represents a conservative estimate of part-load motor losses (and 
efficiency).\75\ 80 FR 17585, 17628. As noted in the July 2022 NOPR, 
DOE noted that such approach minimizes the possibility that using the 
calculation approach to estimate the motor and controller performance 
would result in better energy efficiency ratings than when testing the 
equipment inclusive of the motor and controller. 87 FR 44194, 44223.
---------------------------------------------------------------------------

    \75\ The efficiency (Eff) of a motor at a given load (x) relates 
to the motor horsepower (hp) and losses (L) as follows: Eff = (x. 
hp)/(x.hp + L).)).
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE compared the motor part-load efficiency 
resulting from applying the AMCA 214-21 motor and controller equations 
with the combined motor and controller part-load efficiency obtained 
when using the equation from the DOE pump test procedure and found that 
the AMCA model resulted in combined motor and controller part-load 
efficiency values that were generally higher than the DOE model. In 
addition, DOE reviewed motor and VFD efficiency data from the AHRI 
certified product database \76\ and found existing motor and VFD 
combinations that performed at a lower efficiency than predicted by the 
AMCA 214 model. DOE also reviewed the reference motor and controller 
(``power drive system'') efficiency provided in IEC 61800-9-2:2017 
``Adjustable speed electrical power drive systems Part 9-2: Ecodesign 
for power drive systems, motor starters, power electronics and their 
driven applications--Energy efficiency indicators for power drive 
systems and motor starters,'' which also provides equations to 
represent the performance of a motor and controller used with fans, and 
found that the IEC model predicted values of efficiency that were 
significantly lower (more than 10 percent on average) than the model 
included in AMCA 214-21. Id.
---------------------------------------------------------------------------

    \76\ AHRI Standard 1210, ``Standard for Performance Rating of 
Variable Frequency Drives,'' certified data from 2016, 2020, and 
202. Available at: www.ahridirectory.org/NewSearch?programId=71&searchTypeId=3.
---------------------------------------------------------------------------

    Based on this analysis, DOE stated its concerns that the equations 
described in section 6.4.2.4 of AMCA 214-21 may not be appropriately 
representative, resulting in fan FEI ratings that would be higher than 
FEI ratings obtained using the wire-to-air test method described in 
section 6.1 of AMCA 214-21. Therefore, DOE did not propose to allow the 
use of section 6.4.2.4 of AMCA 214-21. Instead, DOE proposed that fans 
with a motor and controller be tested in accordance with section 6.1 of 
AMCA 214-21. DOE indicated that manufacturers would still be able to 
rely on a mathematical model (including the same mathematical model as 
described in section 6.4.2.4 of AMCA 214-21, as long as the 
mathematical model meets the AEDM requirements discussed in Section 
III.I of this document) in lieu of testing to determine the FEI of a 
fan with a motor and controller. Id.
    AMCA commented that, for some manufacturers offering fixed 
combinations of fan/motor/controller, the testing approach was 
appropriate and encouraged, while for other manufacturers offering 
standard fan models that can be paired with any standard, commercially 
available, regulated motor and standard, commercially available VFD, 
the testing approach of AMCA 214-21 Section 6.1 was not practical and 
would inhibit AMCA's ability to offer fan products with high-efficiency 
motors (above current regulation). AMCA stated its appreciation that 
DOE would consider AMCA 214-21 section 6.4.2.4 an acceptable method to 
be used as an AEDM; however, AMCA believed some mistakes were made in 
DOE's analysis

[[Page 27348]]

that affected the choice of not directly recognizing the calculation 
model from this section as an acceptable alternative to testing. AMCA 
commented that these were mistakes also made previously by AMCA that 
had not yet been sufficiently publicized to prevent them from 
recurring. AMCA provided supporting data and analysis to illustrate the 
representativeness of the equations in section 6.4.2.4. (AMCA, No. 41 
at pp. 18-21) Specifically, AMCA commented that the DOE model used in 
the January 2016 Pump TP represented a conservative estimate of part-
load motor losses (and efficiency). AMCA added that the model in AMCA 
214-21, section 6.4.2.4, was not intended to be a conservative estimate 
of losses. Instead, according to AMCA, the model was intended to 
provide a level playing field between manufacturers that chose to test 
wire-to-air and those that chose to test fan shaft power and calculate 
wire-to-air losses. AMCA commented that the model used in the pump test 
procedure, therefore, should result in higher losses, and AMCA believed 
DOE's use of the pump model to assess AMCA 214 for the fan rulemaking 
was not valid. (AMCA, No. 41 at p. 18) Regarding AHRI data, AMCA 
commented that some motor and efficiency data in the AHRI certified 
product database previously included VFD models that performed at a 
lower efficiency than most others in the database. When AMCA 
interviewed the manufacturer of one of the lower-performing models, the 
manufacturer confided that the certified efficiency was much lower than 
the actual tested efficiency, but was intentionally rated lower for 
unrelated reasons. AMCA analyzed the current AHRI 1210 database and 
found that 59 percent of AMCA 214 calculations were within +/-1 percent 
of AHRI data and 96 percent were within +/-3 percent and provided 
graphical representations comparing the AHRI data to the AMCA 207 
model.\77\ (AMCA, No. 41 at pp. 18-19) AMCA added that the reference 
PDS model in IEC 61800-9-2:2017 was not typical of currently available 
products and that no VFDs nor motors were available at these low 
efficiency levels in the United States. AMCA noted that the equations 
representative of typical PDS were available in IEC TS 60034-31:2010, 
``Rotating electrical machines--Part 31: Selection of energy-efficient 
motors including variable speed applications--Application guide.'' AMCA 
further provided a graphical comparison of its model against the 
equations available in IEC TS 60034-31:2010 as well as in the Motor 
Systems Tool published by 4E EMSA and demonstrating alignment between 
models. (AMCA, No. 41 at pp. 19-20) AMCA added that the next version of 
IEC 61800-9-2 will be expanded to cover VFD frequencies above 60 Hz 
which is a common condition for fans. AMCA recommended removing IEC 
61800-9-2 from consideration for the CIFB rulemaking until at least 
Edition 2 of IEC 61800-9-2 has been published. Finally, testing at the 
AMCA lab and at members' labs has always shown excellent agreement with 
the AMCA 207 models. Figures 5 and 6 show recent testing on 3 and 10 hp 
motors covering a vast range of speeds and torques. Again, the AMCA 207 
model \78\ is labeled as the equivalent ISO 12759-2. (AMCA, No. 41 at 
p. 21)
---------------------------------------------------------------------------

    \77\ The AMCA 207 equations are identical to those found in 
Section 6.4.2.4 of AMCA 214-21 (See discussion in section III.D of 
this document).).
    \78\ The AMCA 207 equations are identical to those found in AMCA 
214-21 (See discussion in section III.D of this document).)).
---------------------------------------------------------------------------

    New York Blower commented that it supports AMCA's analysis. (New 
York Blower, No. 33 at p. 13) Morrison stated its general agreement 
with AMCA's position that the entire AMCA 214-21 be adopted, including 
use of Section 6.4.2.4 of AMCA 214-21. (Morrison, No. 42 at p. 5)
    Greenheck commented in support of including AMCA 214 Section 
6.4.2.4 combining motor/controller efficiency. (Greenheck, No. 39 at p. 
1) In addition, for embedded fans, Greenheck commented that the 
requirement for wire-to-air testing poses a specific challenge. 
Greenheck commented that many products are manufactured without motor 
controllers/VFDs that are provided by the field. Greenheck commented 
that the proposed testing requirements would, in these cases, put the 
certification burden on the installing contractor to validate FEI at 
that selection as the contractor would be completing the ``fan 
assembly'' as defined. Greenheck commented that this is an unrealistic 
expectation and would likely be violated regularly. Greenheck commented 
that DOE should align the testing procedure with existing AMCA 
standards that allow for calculation of efficiency for motor 
transmission and controllers. (Greenheck, No. 39 at p. 6)
    Robinson commented that in its experience, the issues with making 
representative energy efficiency ratings with the presence of VFDs at 
reduced frequency is difficult without direct torque measurement. 
Robinson added that motor and VFD suppliers repeatedly refused to 
provide data to allow for calculation of motor and VFD efficiency and 
power factor at reduced frequency. (Robinson, No. 43 at p. 8)
    As noted in the April 2015 Pumps NOPR, the model used in the pump 
test procedure represents a conservative estimate of part-load motor 
losses (and efficiency). 80 FR 17585, 17628. As stated, this approach 
is intended to minimize the possibility that using the calculation 
approach to estimate the motor and controller performance would result 
in better energy efficiency ratings than when testing the equipment 
inclusive of the motor and controller. As illustrated in AMCA's 
comment, the model in AMCA 214-21 section 6.4.2.4 was not intended to 
be a conservative estimate of losses and instead is representative of 
typical performance. In line with DOE's findings, the analysis provided 
by AMCA shows that there are many AHRI-certified motor and VFD 
combinations that have a tested efficiency that is lower than the model 
in section 6.4.2.4 of AMCA 214-21. Therefore, DOE continues to have 
concerns that applying the model in section 6.4.2.4 of AMCA 214-21 may 
result in fan FEI ratings that would be higher than FEI ratings 
obtained using the wire-to-air test method described in section 6.1 of 
AMCA 214-21. Therefore, DOE is not allowing the use of section 6.4.2.4 
of AMCA 214-21. Instead, DOE requires that fans with motor and 
controller be tested in accordance with section 6.1 of AMCA 214-21. DOE 
notes that manufacturers would still be able to rely on a mathematical 
model (including the same mathematical model as described in section 
6.4.2.4 of AMCA 214-21, as long as the mathematical model meets the 
AEDM requirements discussed in Section III.I of this document) in lieu 
of testing to determine the FEI of a fan with a motor and controller.
    In addition, DOE notes that the fan manufacturer is responsible for 
certifying the equipment as distributed in commerce and a consumer or 
installer would not be responsible for additional certification. If a 
fan manufacturer sells a fan basic model without a controller, they 
would be responsible for certifying that fan basic model without a 
controller.
2. Annex A of AMCA 214-21
    Annex A provides the reference nominal full-load efficiency values 
to use for polyphase regulated motors subject to energy conservation 
standards at 10 CFR 431.25 when calculating the motor part load 
efficiency in accordance with section 6.4.2.3 of AMCA 214-21. In the 
July 2022 NOPR, DOE proposed to replace Annex A of AMCA 214-21

[[Page 27349]]

with a reference to Table 5 of 10 CFR 431.25. The values in Annex A and 
Table 5 of 10 CFR 431.25 are identical; however, referencing the Code 
of Federal Regulations would ensure that the values of polyphase 
regulated motor efficiencies remain up to date with any potential 
future updates established by DOE. 87 FR 44194, 44223. DOE did not 
receive any comment on this issue and is replacing Annex A of AMCA 214-
21 by referencing Table 5 of 10 CFR 431.25.
3. Annex E of AMCA 214-21
    Annex E of AMCA 214-21 allows a reduction in the number of tests 
potentially required by allowing the use of fan laws to calculate the 
fan shaft power of a non-tested fan using results from a fan shaft 
power test of a fan with a smaller impeller diameter. In the July 2022 
NOPR, DOE noted that since the publication of AMCA 214-21, AMCA 211-22, 
``Certified Ratings Program Product Rating Manual for Fan Air 
Performance,'' was published. Annex I of AMCA 211-22 allows the use of 
fan laws to additionally interpolate the fan shaft power of a non-
tested fan using results from a fan shaft power test of two fans with a 
smaller and larger impeller diameter (i.e., interpolation between two 
tested sizes). DOE considered adding a reference to Section I.6 of 
Annex I of AMCA 211-22 and allowing manufacturers to additionally 
interpolate the fan shaft power of a non-tested fan between two tested 
fans sizes. Alternatively, DOE considered referencing Annex I of AMCA 
211-22 in place of Annex E of AMCA 214-21. In the July 2022 NOPR, DOE 
requested comments on whether it should add a reference to section I.6 
of AMCA 211-22 or replace Annex E of AMCA 214-21 by Annex I of AMCA 
211-22. 87 FR 44194, 44223-44224.
    In response to the July 2022 NOPR, the CEC commented that it 
supports the reference of Annex E of AMCA 214-21 only. The CEC 
recommended that section I.6 of AMCA 211-22 not be added or referenced 
and recommended that Annex I of AMCA-211-22 not replace Annex E of AMCA 
214-21. The CEC stated that although section I.6 of AMCA 211-22 and 
Annex E of AMCA 214-21 could be used to interpolate and compute the Fan 
Energy Index (FEI) of the interpolated fan for different diameter fans, 
Annex E of AMCA 214-22 clearly communicated the requirements for the 
applicability of the formulas provided in Annex E, including the type 
of units to be used and its distinct source. Including section I.6 
could lead to incorrect data being generated for certification since it 
lacked clear explanations and would require more information to 
implement correctly. The CEC added that although Annex I of AMCA 211-22 
could replace Annex E of AMCA 214-21, it lacks the detail conditions 
for the applicability of the formulas presented. The CEC commented that 
Annex I of AMCA 211-22 lacks connectivity to the main body of the test 
procedure and does not explain the applicability of the results to 
sections 6.3, 6.4, and 6.5 of AMCA 214-21. The CEC added that Annex I 
could lead to incorrect data to be generated for certification and 
would require more information to implement correctly. For these 
reasons, the CEC recommended referencing Annex E of AMCA 214-21 only. 
(CEC, No. 30 at pp. 3-4)
    AMCA recommended that DOE add a reference to section I.6 of AMCA 
211-22. This section covers interpolation between tested fan sizes when 
geometric similarity requirements were met and would result in more 
accurate ratings for non-tested sizes. (AMCA, No. 41 at p. 22) New York 
Blower stated support for AMCA's analysis of the issue. (New York 
Blower, No. 33 at p. 13)
    As previously stated, DOE is not opting to reference AMCA 214-21 
for air circulating fans. DOE reviewed the content of Annex I of AMCA-
211-22 and of Annex E of AMCA 214-21 and notes that both appendices 
include identical equations describing the fan laws, interpolations 
between tested speeds, and general interpolations between tested fans 
when a single geometric feature is varied, with the following 
exceptions: (1) Section I.6 of Annex I of AMCA 211-22 allows the use of 
fan laws to additionally interpolate the fan shaft power of a non-
tested fan using results from a fan shaft power test of two fans with a 
smaller and larger impeller diameter (i.e., interpolation between two 
tested sizes), while Section E.3 of Annex E of AMCA 214-21 explicitly 
prohibits this and requires the use of fan laws instead; (2) the 
equations in Annex I of AMCA 211-22 include the compressibility 
coefficients, while the equations in Annex E of AMCA 214-21 assume the 
flow is incompressible; and (3) the symbols in Annex I of AMCA 211-22 
are not consistent with the symbols used in AMCA 214-21. For these 
reasons, at this time to maintain clarity and consistency with the 
symbols and terms used through AMCA 214-21, DOE is keeping the 
reference to Annex E of AMCA 214-21 as proposed in the July 2022 NOPR. 
In addition, DOE is specifying that the equations in Section E.2 of 
Annex E of AMCA 214-21 must include the compressibility coefficients as 
applicable for compressible flows.
4. Section 6.5 of AMCA 214-21 and Annex F
    Section 6.5 and Annex F of AMCA 214-21 provide methods to determine 
the FEP of the actual fan by conducting separate tests for the bare 
shaft fan and the motor or the combined motor and controller. Annex F 
specifies the industry test methods \79\ to use when testing the motor 
or the combined motor and controller. As provided in Annex F, the motor 
and controller, if included, must be tested at the range of speeds and 
loads over which the fan is to be rated. The measurements result in a 
map of the input power (kW) versus speed and load and intermediate 
values can be determined through interpolation (linear interpolation or 
a polynomial curve fit). The methods in section 6.5 and Annex F of AMCA 
214-21 are applicable to any electric motor (including non-DOE 
regulated motors that meet the definition of electric motor at 10 CFR 
431.12) as long as it can be tested per the industry test procedures 
included in Annex F.
---------------------------------------------------------------------------

    \79\ CSA C747-09 (R2014), ``Energy efficiency test methods for 
small motors''; CSA C838-13 (R2018), ``Energy efficiency test 
methods for three-phase variable frequency drive systems''; IEEE 
112-2017, ``IEEE Standard Test Procedure for Polyphase Induction 
Motors and Generators''; and ANSI/ASHRAE Standard 222-2018, 
``Standard Method of Test for Electrical Power Drive Systems.''
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE noted that the test procedure for 
combined motor and controller in AMCA 214-21 deviates from the methods 
proposed in the December 2021 Electric Motors Test Procedure NOPR. 86 
FR 71710, 71743 (December 17, 2021).\80\ DOE further noted that for 
fans combined with regulated motors, the methods described in section 
6.5 and Annex F of AMCA 214-21 would be less burdensome than multiple 
wire-to-air tests; however, it would likely be significantly more 
burdensome than applying the calculation methods described in section 
6.3 of AMCA 24-21, since it would require physical tests of all motors 
with which the bare shaft fan could be paired. In addition, with the 
option to allow for an AEDM as discussed in Section III.I of this 
document, a manufacturer would be able to integrate the methods of 
Section 6.5 and Annex F of AMCA 214-21 into a mathematical model as 
long as the proposed AEDM requirements were met. 87 FR 44194, 44224.
---------------------------------------------------------------------------

    \80\ Since then, DOE notes that the electric motors test 
procedure was finalized on October 19, 2022. 87 FR 63588.
---------------------------------------------------------------------------

    Therefore, DOE proposed not to include section 6.5 and Annex F of 
AMCA 214-21. DOE noted that manufacturers would still be able to rely

[[Page 27350]]

on a mathematical model (including potentially the same model as 
described in section 6.5 of AMCA 214-21, as long as the models meet the 
AEDM requirements discussed in Section III.I of this document) in lieu 
of testing to determine the FEI of a fan with a motor or a motor and 
controller, provided that the mathematical model meets all the AEDM 
requirements proposed in Section III.I of this document. Id.
    Greenheck commented that DOE's proposal to not adopt section 
6.4.2.4 of AMCA 214-21 \81\ invalidated a common practice where 
manufacturers complete bare shaft testing and combine this data with 
separate testing of the power drive system (PDS). Greenheck commented 
that the ability to test a PDS separate from the fan significantly 
reduced testing burden as a single PDS test could be applied across 
multiple validation classes and sizes. Greenheck commented that testing 
a PDS separate from the fan would also necessitate that those 
manufacturers complete wire-to-air testing for any instances where they 
wish to demonstrate the improved performance of special motor/drive 
combinations. According to Greenheck, this exclusion penalized 
manufacturers for offering a more energy efficient PDS through 
increased testing requirements. (Greenheck, No. 39 at p. 2)
---------------------------------------------------------------------------

    \81\ DOE believes this is a typographical error in the comment 
and should be referencing Section 6.5 of AMCA 214-21 which describes 
the separate bare shaft fans and PDS testing approach.
---------------------------------------------------------------------------

    As noted, the test procedure for combined motor and controller in 
section 6.5 and Annex F of AMCA 214-21 deviates from the methods 
finalized by DOE on October 19, 2022. In addition, for fans combined 
with regulated motors, the methods described in section 6.5 and Annex F 
of AMCA 214-21 would be less burdensome than multiple wire-to-air 
tests; however, it would likely be significantly more burdensome than 
applying the calculation methods described in section 6.3 of AMCA 24-
21, since it would require physical tests of all motors with which the 
bare shaft fan could be paired. In addition, as stated, manufacturers 
would still be able to rely on a mathematical model (including 
potentially the same model as described in section 6.5 of AMCA 214-21, 
as long as the models meet the AEDM requirements discussed in Section 
III.I of this document) in lieu of testing to determine the FEI of a 
fan with a motor or a motor and controller, provided that the 
mathematical model meets all the AEDM requirements proposed in Section 
III.I of this document. For these reasons, DOE is not including Section 
6.5 and Annex F of AMCA 214-21.
5. Annex H and Annex I of AMCA 214-21
    Annex H ``Required Reported Values (Normative)'' of AMCA 214-21 
provides reporting requirements. In the July 2022 NOPR, DOE did not 
propose to adopt Annex H. DOE stated that it may consider proposals to 
establish reporting requirements for fans and blowers under a separate 
rulemaking. 87 FR 44194, 44224.
    Annex I ``Minimum Data Requirements for Published Ratings 
(Informative)'' provides guidance on what performance information to 
publish. In the July 2022 NOPR, DOE did not propose to adopt Annex I. 
DOE proposed to adopt requirements regarding represented values in 
Section III.J of that document. 87 FR 44194, 44224.
    The CEC recommended incorporating by reference Annex H of AMCA 214-
21 defining the efficiency boundaries of the fan by maximum airflow, 
maximum pressure, and maximum fan speed as these terms are defined in 
that section. (CEC, No. 30 at p. 6)
    The CA IOUs commented that they were concerned that DOE's test 
procedure final rule may preempt aspects of the ongoing Title 20 
Appliance Standards rulemaking. Specifically, the CA IOUs noted that 
DOE did not propose to adopt Annex H ``Required Reported Values 
(Normative)'' of AMCA 214-21 Test Procedure for Calculating FEI for 
Commercial and Industrial Fans and Blowers. The CA IOUs commented that 
DOE stated that it may consider reporting requirements in a separate 
rulemaking. However, the CA IOUs noted that the CEC has proposed 
adopting Annex H in its Express Terms to determine Maximum Airflow, 
Maximum Pressure, and Maximum Fan Speed at which the fan can achieve an 
FEI greater than or equal to 1.0. Therefore, the CA IOUs requested that 
DOE adopt appendix H to align with the CEC proposal. (CA IOUs, No. 37 
at p. 7)
    DOE is not adopting reporting requirements for fans and blowers in 
this rulemaking. DOE may consider proposals to establish reporting 
requirements for fans and blowers under a separate rulemaking. DOE 
notes that 180 days after publication of this final rule, any 
representations made with respect to energy use or efficiency of fans 
or blowers must be made based on testing in accordance with the test 
procedures established in this final rule. Further, in regard to the CA 
IOUs comments about preemption, EPCA states that section 6297 applies 
with respect to the equipment described in section 6311(1)(L) beginning 
on the date on which a final rule establishing an energy conservation 
standard is issued, except that any State or local standard prescribed 
or enacted for the equipment before the date on which the final rule is 
issued shall not be preempted until the energy conservation standard 
for the equipment takes effect. (42 U.S.C. 6316(a)(10))
6. Section 8.3 of AMCA 214-21
    Section 8.3, ``Appurtenances,'' provides guidance on how to 
characterize fan performance in the case of a fan with additional 
appurtenances beyond what is required by the test procedure. In the 
July 2022 NOPR, DOE did not propose to adopt this section as DOE does 
not propose to establish fan performance with additional appurtenances 
beyond what is specified in the test procedure.\82\ 87 FR 44194, 44224.
---------------------------------------------------------------------------

    \82\ Section III.D.7 of the July 2022 NOPR included an erroneous 
reference to Section 7.3 of AMCA 214-21, which DOE did not propose 
to adopt at the time. See 87 FR 44194, 44224. This error was noted 
in a comment by AMCA (AMCA, No. 41 at p. 23).
---------------------------------------------------------------------------

    DOE did not receive any comment on this issue and is not including 
section 8.3 of AMCA 214-21, because DOE is not establishing fan 
performance with additional appurtenances beyond what is required in 
the test procedure. See section III.E.12 of this document.
7. Measurement of PVR Performance
    Table 7.1 of AMCA 214-21 requires different test configurations for 
PRVs that supply air to a building and PRVs that exhaust air from a 
building. Some PRVs can operate both as supply and exhaust fans. In the 
July 2022 NOPR, DOE proposed that PRVs that can operate both as supply 
and exhaust fans be tested in both configurations. 87 FR 44194, 44224.
    In response to the July 2022 NOPR, the Efficiency Advocates 
commented that they support DOE's proposal for PRVs requiring that 
models capable of operating as both supply and exhaust fans be tested 
as both as it would help ensure that PRVs are tested and rated in all 
configurations in which they may be installed. (Efficiency Advocates, 
No. 32 at p. 3)
    AMCA supports testing in both configurations. If a PRV is marketed 
as being able to operate both as a supply and an exhaust fan, AMCA 
requires it to be tested and rated as both a supply PRV and an exhaust 
PRV. (AMCA, No. 41 at p. 22)
    New York Blower noted that PRVs that operate both in supply and 
exhaust

[[Page 27351]]

modes clearly display a significant difference in performance, and that 
it is clearly in the manufacturer's best interest to understand the 
different performance values. New York Blower added that an unintended 
consequence of deriving an efficiency level that eliminates a 
significant portion of a direction of PRV could, as unreasonable as it 
seems, imply two fans should be installed--each operating in its most 
efficient direction--to accomplish both supply and exhaust. (New York 
Blower, No. 33 at p. 13)
    DOE requires that PRVs that can operate both as supply and exhaust 
fans be tested in both configurations. DOE would consider any issues 
related to efficiency levels, including differences in performance for 
PRVs that operate both in supply and exhaust modes in its separate 
energy conservation standards rulemaking.
8. Embedded Fans and Blowers
    As discussed in Section III.B.3 of this document, DOE proposed to 
exclude fans that are embedded in equipment as listed in Table III-7 of 
this document. DOE explained that other embedded fans were included in 
the scope of the test procedure to the extent that they meet the test 
procedure scope criteria presented in Section III.B.1 of this document 
and do not fall under the exclusions discussed in Section III.B.2 of 
this document. 87 FR 44194, 44224.
    The Working Group recommended that embedded fans be tested in a 
standalone fan configuration (i.e., outside of the piece of equipment 
in which they are embedded). (Docket No. EERE-2013-BT-STD-0006, No. 
179, Recommendation #8 at p. 5) DOE interprets this recommendation to 
apply to embedded fans that are not manufactured in a standalone 
configuration because standalone fans that are purchased by an OEM for 
incorporation into equipment can be tested prior to being embedded. 
Because embedded fans included in larger equipment may share structural 
or functional parts with that equipment, the fan may not be removable 
without causing irreversible damage to the equipment. To address such 
embedded fans, the Working Group recommended testing exclusively 
embedded fans using additional fan components, except for the fan 
impeller, that are geometrically identical to that of the embedded fan 
inside the larger piece of equipment. (Docket No. EERE-2013-BT-STD-
0006, No. 179, Recommendation #8 at p. 5) In addition, the Working 
Group recommended that embedded fans be certified over their standalone 
operating range. (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #4 at p. 4)
    In the July 2022 NOPR, DOE stated that fan performance information 
indicated that OEMs currently test and collect information on embedded 
fan performance and that OEMs understand a fan's typical operating 
range in terms of flow and pressure. DOE noted that the AMCA 214-21 
foreword states that, ``AMCA Standard 214 primarily is for fans that 
are tested alone or with motors and drives; it does not apply to fans 
tested embedded inside of other equipment.'' To test exclusively 
embedded fans that are not manufactured in a standalone configuration, 
consistent with the Working Group recommendations, DOE therefore 
proposed that these fans be tested as standalone fans, outside of the 
equipment in which they are incorporated. In addition, DOE proposed 
that if any fan components are not removable without causing 
irreversible damage to the equipment into which the fan is embedded, 
the manufacturer must use additional fan components, except for the fan 
impeller, that are geometrically identical to that of the fan embedded 
inside the larger piece of equipment for testing. This would result in 
a range of FEI ratings at every operating point at which the fan is 
capable of operating, including at the flow and pressure point 
experienced by the fan when embedded inside the equipment. 87 FR 44194, 
44425.
    ebm-papst commented that its customers almost exclusively embed all 
purchased fans into equipment that is currently regulated, slated to be 
regulated, or not regulated. ebm-papst commented that all fans that it 
supplies in testable configurations are rated based on wire-to-air 
tests, either AMCA 210 or ISO 5801. However, ebm-papst commented that 
fans are often supplied in configurations that are not testable: (1) 
suppliers other than ebm-papst have supplied forward curve impellers 
loosely placed in scroll housings, thus initially without bearings/
drivers, before the OEM furnishes the motors and thereby finally 
creates the housed centrifugal fan; (2) forward curve impellers 
complete with integrated motor supplied without scroll housing, as the 
eventual housing shape will be part of the larger HVAC unit; or (3) 
axial propellers complete with integrated motors but without panels, 
because the OEM has the eventual ``panel'' designed and supplied by the 
surrounding HVAC unit. Nevertheless, ebm-papst noted that it is common 
practice and the OEMs' expectation that suppliers document fan air 
performance. In the case of non-testable configurations, the fans would 
be tested with inlets, housings, and mounting. (ebm-papst, No. 31 at p. 
3)
    ebm-papst added that OEM customers expect fan performance 
representations from their suppliers when they purchase incomplete 
panel fans and or incomplete plenum fans: (1) motorized propellers are 
measured and rated in the form of axial panel fans but sold without 
panels; and (2) motorized impellers are measured and rated in the form 
of plenum fans but sold without inlet cones/rings and without inlet 
plates. (Id. at p. 7) emb-papst further commented that all ebm-papst 
fans are rated based on tests in standalone configuration, and that 
those supplied to OEMs without panels or inlet rings for embedding are 
tested in their laboratories with standardized components in place. 
emb-papst commented that the necessary geometries of these necessary 
peripheral components are comprehensively described for the customers 
and users. ebm-papst added that fans it supplies incomplete to OEMs can 
be tested with the missing components, that then are documented. In 
addition, emb-papst noted that motorized propellers should be tested 
with fan panels/orifices in place and that motorized impellers should 
be tested with inlet rings/cones and plates in place. (Id. at p. 10)
    AMCA commented that fans purchased in a testable configuration 
typically are tested standalone and rated. According to AMCA, in these 
cases, a fan supplier can provide performance data of a standalone fan 
to an OEM. (AMCA, No. 41 at p. 6)
    New York Blower commented that its involvement in HVACR equipment 
is limited. Regardless, New York Blower stated that for applications it 
had been involved in, New York Blower would consider ventilation and 
regularly use AMCA 210-16 to conduct the test in a standalone 
configuration. New York Blower stated that therefore, by reference, 
AMCA 214-21 would also be applicable. (New York Blower, No. 33 at p. 8)
    Morrison commented that embedded fans and replacement fans, 
especially for HVAC and applications where safety was a consideration, 
should be excluded from the scope. Morrison added that fans tested as 
standalone do not have the same performance in the appliance as tested 
per this test procedure. Morrison stated that testing of fans per AMCA 
210 requires many multiples of diameter clear of the inlet and exit to 
ensure proper airflow development and these conditions are never 
present in appliances, so optimum performance at the lowest energy may 
be different than the best FEI selection. (Morrison, No. 42

[[Page 27352]]

at p. 2) Morrison added that while fans supplied to HVAC equipment 
manufacturers may be tested as standalone, many are not as they are 
custom designed for the appliance and only tested in the appliance. 
Morrison commented that the goal of fans for HVAC equipment is to have 
the lowest energy consumed at the desired operating point in the 
equipment and that will often not correspond with the AMCA 210 or AMCA 
214 tested FEI. In other words, according to Morrison, the standalone 
testing is generally of no value in the effort of identifying the fan 
with the best efficiency in the appliance. Morrison added that the 
benefit of standalone testing is very limited as end users need 
performance of the appliance tested as an appliance ready for customer 
installation. (Id. at pp. 2-3) Morrison further commented that testing 
embedded fans as standalone fans will add cost but provide no value. 
Morrison stated that AMCA 210 is a test standard for testing of a fan's 
performance with no obstruction within recommended distance of the 
inlet and exit to ensure the fundamental operation of the fan is not 
changed. Morrison commented this is never the case in embedded fans and 
in most cases, the most efficient standalone tested fan is not the fan 
that consumes the lowest energy in an application--this has been 
presented previously in this rulemaking process and is still a 
consideration today. Morrison commented that unit level testing or 
better full system level testing provides greater opportunity for 
energy savings. (Id. at p. 6)
    As noted by ebm-papst, it is common practice for OEMs to expect fan 
performance information from their fan suppliers. As mentioned by ebm-
papst and AMCA, fans sold in a testable configuration are tested in a 
standalone configuration. As specified by ebm-papst, fans supplied 
incomplete to OEMs can be tested with the missing components (i.e., in 
a standalone configuration) that then are documented. Such approach 
aligns with the proposed approach for testing embedded fans that are 
not manufactured in a standalone configuration and is consistent with 
common industry practice. Therefore, consistent with the Working Group 
recommendations, DOE requires that embedded fans that are not 
manufactured in a standalone configuration be tested as standalone 
fans, outside of the equipment in which they are incorporated. In 
addition, in line with the Working Group recommendations and July 2022 
NOPR, DOE requires that if any fan components are not removable without 
causing irreversible damage to the equipment into which the fan is 
embedded, the manufacturer must use additional fan components, except 
for the fan impeller, that are geometrically identical to that of the 
fan embedded inside the larger piece of equipment for testing. This 
will result in a range of FEI ratings at every operating point at which 
the fan is capable of operating, including at the flow and pressure 
point experienced by the fan when embedded inside the equipment. DOE 
further notes that the July 2022 NOPR omitted the corresponding 
provisions in the proposed regulatory text and DOE is adding the 
corresponding provisions in the final regulatory text.
    The CA IOUs commented that the proposed test procedure would apply 
to fans embedded in non-regulated equipment such as air-handlers. The 
CA IOUs commented that neither proposed regulatory language nor the 
commentary provided guidance to manufacturers on how to provide fan 
performance data when the requirements of the NOPR take effect. The CA 
IOUs commented that Title 24, ASHRAE 90.1, and IECC 2021 require that 
designers meet a maximum fan system power and that the selected fans 
meet a minimum FEI. The CA IOUs commented that many manufacturers buy a 
fan represented as a bare shaft fan and bundle it with a motor, 
transmission, and/or controller. If the fan manufacturer created this 
bundle, it would have a different representation than the bare shaft 
fan. Moreover, many manufacturers build fan arrays (i.e., fans with 
single-speed motors controlled by a single variable frequency drive 
controller supplied by the packager). The CA IOUs added that fan arrays 
are not in the scope of AMCA 214-21. Specifically, the CA IOUs 
requested clarification on the following issues: (1) Can packaged 
manufacturers use bare shaft performance data from the fan manufacturer 
and then apply an AEDM or one of the permitted modeling methods to 
determine the performance of the package with added motors and 
controllers? (2) When manufacturers package a fan with a motor, 
transmission, or speed controller, are they required to perform the 
same testing as a fan manufacturer? If not, can the manufacturer 
provide performance data based on testing inside the air handler? (3) 
How can fan manufacturers present performance data for fan arrays where 
one controller operates many motors? (CA IOUs, No. 37 at p. 8)
    Regarding issue (1), DOE clarifies that if a manufacturer assembles 
a combined bare shaft fan and motor and controller and chooses to make 
representations of FEI for the combined equipment that it distributes 
in commerce, then the manufacturer would need to rate the combined 
equipment in accordance with DOE test procedures. Regarding items (2) 
and (3), DOE notes that the test procedure is applicable to the fan 
tested in a standalone fan configuration and does not apply to fan 
assemblies.
    New York Blower commented that it provides a significant quantity 
of applications where the fan could be described as embedded in a 
device or system that provides an end service, such as dust collection 
and that structural design modifications may be required to install the 
fan in the resulting system. New York Blower commented that it tests 
the fan by extracting it from the system, creating a mounting interface 
to support testing and conduct the test. New York Blower commented that 
for more integrated systems, such as HVACR applications, this may pose 
significant challenges. (New York Blower, No. 33 at pp. 13-14)
    DOE understands that the example described by New York Blower is of 
a standalone fan installed in a larger system in the field. Such a fan 
would be tested in the standalone configuration.
    ebm-papst requested clarification regarding an OEM's obligation for 
air performance testing when a fan is incomplete without components 
that are part of a surrounding unit. (ebm-papst, No. 31 at p. 1)
    As adopted, embedded fans that are not manufactured in a standalone 
configuration must be tested as standalone fans, outside of the 
equipment in which they are incorporated. As noted, if any fan 
components are not removable without causing irreversible damage to the 
equipment into which the fan is embedded, the manufacturer must use 
additional fan components, except for the fan impeller, that are 
geometrically identical to that of the fan embedded inside the larger 
piece of equipment for testing.
9. Wire-to-Air Performance for Air Circulating Fans
    As discussed in the July 2022 NOPR, DOE did not find any 
circulating fans that were distributed in commerce without an electric 
motor. However, if an air circulating fan is sold without a motor, it 
would still meet the definition of an air circulating fan and would be 
included in the scope of the test procedure. Therefore, in the July 
2022 NOPR, DOE proposed that air circulating fans distributed in 
commerce without an electric motor be tested using an electric motor as 
recommended

[[Page 27353]]

in the manufacturer's catalogs or distributed in commerce with the air 
circulating fan. If more than one motor is available in a 
manufacturer's catalogs or distributed in commerce with the air 
circulating fan, DOE proposed requiring that it be tested using the 
least efficient motor capable of running the fan at the fan's maximum 
allowable speed. 87 FR 44194, 44225.
    ebm-papst commented that it is not aware of any ACF sold without a 
motor. (ebm-papst, No. 31 at p. 10)
    DOE did not receive any other comments on this topic and thus 
requires that air circulating fans distributed in commerce without an 
electric motor be tested using an electric motor as recommended in the 
manufacturer's catalogs or distributed in commerce with the air 
circulating fan. If more than one motor is available in manufacturer's 
catalogs or distributed in commerce with the air circulating fan, DOE 
requires that it be tested using the least efficient motor capable of 
running the fan at the fan's maximum allowable speed.
10. Total Pressure Calculation for Air Circulating Fans
    In the July 2022 NOPR, DOE noted that AMCA 214-21 specifies that 
air circulating fans must rely on a FEI based on total pressure (sum of 
the static pressure and velocity pressure). (See Table III-9 of that 
document.) However, AMCA 230-15 does not specify the measurement or 
calculation of fan total pressure, which is a required input to the FEI 
calculation. In the July 2022 NOPR, DOE proposed to add provisions to 
specify how to calculate fan total pressure and to apply the equations 
in section A.2 of AMCA 208-18 when calculating the fan total pressure 
at a given airflow for fans tested per AMCA 230-15. 87 FR 44194, 44225.
    ebm-papst commented that complete reports of AMCA 230 tests include 
all information necessary to calculate fan total pressure of 
circulation fans. (ebm-papst, No. 31 at p. 10)
    As noted by ebm-papst, the information included in an AMCA 230 test 
report includes all the information needed to calculate the fan total 
pressure. Although DOE is not adopting FEI as the metric for air 
circulating fans (which required the determination of total pressure), 
section 8.7 of AMCA 230-23 includes equations for calculating total 
pressure (the same as proposed by DOE), and DOE is retaining these 
provisions by referencing section 8.7 of AMCA 230-23.
11. Appurtenances
    Section 7.3 of AMCA 214-21 provides instructions on which 
appurtenances to include as part of the tested fan. It distinguishes 
between appurtenances that improve or reduce performance. For 
appurtenances that improve fan performance (including but not limited 
to inlet bells, diffusers, stators, or guide vanes), AMCA 214-21 
specifies that these appurtenances should be included if always 
supplied with the fan when distributed in commerce. For appurtenances 
that reduce fan performance, which include, but are not limited to, 
safety guards, dampers, filters, or weather hoods, AMCA 214-21 states 
that if the appurtenance is always supplied with the fan when 
distributed in commerce, then it shall be tested with the fan. If the 
appurtenance is not always supplied with the fan when distributed in 
commerce, it shall not be tested with the fan.
    For circulating fans, in the July 2022 NOPR, DOE noted that the 
AMCA 230 committee was considering adding the following provisions as 
part of the revised version of AMCA 230: any appurtenances sold with 
the fan shall be included in the minimum testable configuration. 87 FR 
44194, 44225.
    In the July 2022 NOPR, DOE reviewed the provisions related to 
accessories in AMCA 214-21 and as considered by the AMCA 230 committee 
and tentatively determined that testing using the provisions discussed 
by the AMCA 230 committee would provide results that are more 
representative of field conditions because consumers are likely to use 
the fan with the appurtenances they purchase. Therefore, for fans and 
blowers, including air circulating fans, DOE proposed to specify that 
any appurtenances sold with the fan must be included during the test. 
In the July 2022 NOPR, DOE requested comment on the proposed provisions 
related to the consideration of appurtenances when testing fans and 
blowers, including air circulating fans.\83\ Id.
---------------------------------------------------------------------------

    \83\ As previously stated, Section III.D.7 of the July 2022 NOPR 
included an erroneous reference to Section 7.3 of AMCA 214-21, which 
DOE did not propose to adopt in the July 2022 NOPR. Instead, as 
described in Section III.D.12 of the July 2022 NOPR, and consistent 
with the proposed regulatory text, DOE proposed to apply the same 
provisions related to appurtenances as considered by the AMCA 230 
committee for air circulating fans: any appurtenances sold with the 
fan shall be included in the minimum testable configuration.
---------------------------------------------------------------------------

    In response to the July 2022 NOPR, for air circulating fans, AMCA 
commented that if an air circulating fan is sold or supplied with a 
guard or other appurtenances, then it should be tested with the guard 
or other appurtenances, and if the fan is sold or supplied without a 
guard or appurtenances, then it should be tested without a guard or 
appurtenances. AMCA added that each combination of circulating fan and 
appurtenances would be a separate basic model or conservative ratings 
could be used to combine multiple basic models. AMCA commented that 
this was feasible due to the relatively limited number of air 
circulating fan models and combinations of guards/appurtenances offered 
by manufacturers. (AMCA, No. 41 at p. 23)
    For fans and blowers other than air circulating fans, AMCA 
recommended that DOE use the provisions in section 7.3 of AMCA 214-21. 
AMCA explained that including appurtenances in the scope of testing 
would add burden on fan manufacturers. AMCA commented that historical 
data, in general, has been developed without appurtenances being tested 
with the fan, so that including appurtenances would negate the validity 
of all the historical data and the basic models would need to be tested 
again with multiple samples as proposed. AMCA added that some 
appurtenances are mutually exclusive, and that numerous accessories can 
be applied to fans, but it may not be possible, or reasonable, to apply 
all available appurtenances to a fan for testing. AMCA added that 
appurtenances that negatively impact fan air performance would clearly, 
at the margin, reduce the compliant region of the fan-performance map, 
i.e., the FEI bubble would shrink. AMCA commented that one option might 
be for manufacturers to create different basic models, i.e., model 
numbers for those that include certain appurtenances and separate model 
numbers for those that do not--a solution that would clearly add 
complexity and significant testing and AEDM costs. Finally, AMCA 
commented that DOE's analyses to date, such as those in the notice of 
data availability,\84\ have been done without accessories and that 
changing the basis of analysis to include appurtenances would require 
the analyses to be completely redone to reasonably estimate the cost 
impacts and energy savings in a subsequent energy standard. Most 
importantly, this proposal would alter the definition of minimum 
testable configuration in AMCA 214-21, which is a ``fan having at least 
an impeller; shaft and bearings and/or driver to support the impeller; 
and its structure or its housing.'' AMCA

[[Page 27354]]

recommended that fans be tested in their minimum testable 
configuration--with considerations for appurtenances that are 
consistent with section 7.3 of AMCA 214-21. (AMCA, No. 41 at pp. 23-24)
---------------------------------------------------------------------------

    \84\ On November 1, 2016, DOE published a notice of data 
availability that presented an analysis based on the scope and 
metric recommendations of the term sheet. 81 FR 75742.
---------------------------------------------------------------------------

    New York Blower commented that adding appurtenances to the fan for 
the test procedure will increase testing costs. New York Blower added 
that not all appurtenances can be applied to a fan simultaneously and 
the proposal to include appurtenances would multiply the number of 
basic models and result in a high number of fan models offered to the 
market with different combinations of appurtenances. New York Blower 
noted the challenge represented by the complexity that would be 
generated from the multiple product configurations, testing, and 
administrative burden to support product certification. New York Blower 
added that the fan is the prime mover from an energy conversion 
perspective, and that it is unlikely a fan will be redesigned to be 
more efficient based on the addition of an appurtenance. In addition, 
New York Blower noted that many appurtenances are not manufactured by 
fan manufacturers and that it would be an additional burden for a fan 
manufacturer to engage in appurtenance redesign for a product it may 
not manufacture. New York Blower added that all the market impact 
analysis done to date was accomplished using appurtenance-free fan data 
and cannot be used to draw conclusions on the performance of 
appurtenance-laden fans in the future. Further, New York Blower 
commented adding appurtenances adds significant complexity. (New York 
Blower, No. 33 at pp. 5-6)
    In addition, New York Blower commented that the inclusion of 
appurtenances when testing fans and blowers will increase the required 
testing to a degree that is unsupportable by the majority of 
manufacturers in the fan industry. New York Blower added that the fan 
is the prime energy conversion device and that redesigning the fan to 
improve efficiency to accommodate appurtenances is unlikely to achieve 
acceptable results. New York Blower added that the test should be 
limited to the minimum testable configuration as described in AMCA 214-
21 with the appropriate modifications to the fan to represent the fan 
operating in a system. One example of such, stated New York Blower, 
would be the installation of an inlet bell to represent an inlet duct. 
(Id. at p. 14)
    JCI stated that it shared AMCA's comments regarding the rejection 
of the currently accepted section 6.4.2.4 \85\ of AMCA 214-21 on 
handling appurtenances, which invalidates industry's significant volume 
of historical testing. (JCI, No. 34 at p. 2)
---------------------------------------------------------------------------

    \85\ Although JCI references Section 6.4.2.4 of AMCA 214-21, DOE 
notes that the appurtenances are addressed in Section 7.3 of AMCA 
214-21.
---------------------------------------------------------------------------

    Morrison commented that fans and blowers should be tested in their 
minimum testable configuration and consistent with the considerations 
for appurtenances that are found in section 7.3 of AMCA 214-21. 
(Morrison, No. 42 at p. 6)
    Robinson commented that the testing procedure expectation placed on 
the manufacturers of heavy industrial process fans and blowers is 
burdensome and impracticable. Robinson commented that the challenge is 
pronounced for heavy industrial process fan manufacturers when it comes 
to testing with appurtenances. Robinson explained that most heavy 
industrial processes require several subprocesses, often over the 
stretch of significant acreage of an industrial plant facility (i.e., 
paper mill, petroleum refinery, pharmaceutical plant, mining facility, 
chemical plant, food production plant, etc.). Robinson commented that 
the air movement equipment required to operate these processes and 
subprocesses is robust, designed and engineered specifically for each 
application and installation, and also connected to and affected by all 
of the appurtenances of the plant's system. Robinson commented it is 
unknown how a fan manufacturer would test the fan with its 
appurtenances at any point before full installation and by that time, 
the fan is fully constructed and sold. Robinson stated that the 
location and timing of the testing will also be difficult as fans are 
often sold as part of a new subprocess in the midst of construction or 
as a replacement for a fan currently operating, which when shut down 
requires the idling of an entire industrial process. Robinson commented 
it is unclear to what extent industrial fan manufacturers will have to 
go in order to comply with this part of the rule. Further, Robinson 
stated that all historical testing, done over l00 years, has been done 
without appurtenances, and this rule would render all of that testing 
useless. (Robinson, No. 43 at p. 3) Robinson added that the inclusion 
of appurtenances when testing fans and blowers will add exponentially 
to the testing required. Robinson pointed out that it is customary to 
certify designs or fan performance based off of test block conditions 
or with appurtenances in their least restrictive settings. Robinson 
commented that information provided by suppliers of appurtenances is 
often inadequate to establish losses at conditions other than design, 
and for industrial process custom fan manufacturers, this would be a 
very significant burden as each unique configuration and basic model 
would be either tested or validated. Robinson added that the addition 
of appurtenances also brings system effect factors into play, which 
create significant complications. Robinson added that the test should 
be limited to the fan only (with or without a motor or drive system) 
(Id. at p. 9)
    Greenheck commented that DOE did not propose to adopt the AMCA 214-
21 Section 7.3 provisions for appurtenances and has provided a 
confusing stance on what is to be tested. Greenheck commented that 
there are several appurtenances, and combinations of appurtenances, 
available on fan products. Greenheck added that many appurtenances are 
mutually exclusive and should not or cannot be tested together. 
Greenheck further commented that appurtenances are generally intended 
to aid the end customer in accommodating building limitations or 
overall system design requirements and are not part of the basic fan 
performance. As currently written, stated Greenheck, the DOE rulemaking 
appears to require two-sample tests for each appurtenance and 
appurtenance combination, which represents an additional, significant 
testing burden for all manufacturers. Greenheck further provided an 
example to illustrate the high number of appurtenances for a single 
model, where with the combination of a two-sample test and wire-to-air 
testing, appurtenances would lead to 6,336 tests for a fan series with 
11 sizes. (Greenheck, No. 39 at pp. 2-3)
    NEEA commented that the treatment of appurtenances in the 
definition of a basic model is unclear in the current NOPR. In 
addition, NEEA noted that in Section III.C.5 of the NOPR, DOE proposed 
to adopt section 7.3 of AMCA 214-21. However, NEEA noted that DOE used 
language inconsistent with section 7.3 of AMCA 214-21 and in the 
proposed regulatory text included in Section VI, DOE provided text that 
``replaces the provisions in section 7.3 of AMCA 214-21.'' NEEA 
commented that DOE's current language has the potential of dramatically 
increasing the number of basic models, as it does not clearly identify 
how appurtenances impact a basic model. (NEEA, No. 36 at p. 3)

[[Page 27355]]

    Loren Cook Company commented that there is a burden associated to 
testing any appurtenances sold on a fan. Loren Cook added that it has 
several products each with many sizes and have a dozen or more 
accessories that could affect performance and would result in excessive 
amount of testing required. (Public Meeting Transcript, No. 18 at pp. 
65-66)
    For fans and blowers other than air circulating fans, in view of 
the substantially high number and combinations of appurtenances as 
noted by AMCA, New York Blower, JCI and Greenheck, and to remain 
consistent with the definitions of minimum testable configurations as 
described in AMCA 214-21 \86\ as noted by AMCA, DOE requires testing in 
accordance with section 7.3 of AMCA 214-21, which distinguishes between 
appurtenances that improve or reduce performance. As such, DOE is no 
longer replacing the provisions in Section 7.3 of AMCA 214-21. For 
appurtenances that improve fan performance, which include, but are not 
limited to inlet bells, diffusers, stators, or guide vanes, AMCA 214-21 
specifies that these appurtenances should be included if always 
supplied with the fan when distributed in commerce. For appurtenances 
that reduce fan performance, which include, but are not limited to, 
safety guards, dampers, filters, or weather hoods, AMCA 214-21 states 
that if the appurtenance is always supplied with the fan when 
distributed in commerce, then it shall be tested with the fan. If the 
appurtenance is not always supplied with the fan when distributed in 
commerce, it shall not be tested with the fan. To align with the 
adopted definition of ``minimum testable configuration,'' DOE requires 
testing in accordance with section 7.3 of AMCA 214-21. In addition, DOE 
clarifies that its regulations would apply to the fan as distributed in 
commerce and would not account for any potential additional 
appurtenances added in the field. As noted by AMCA, such approach would 
permit the preservation of historical data and reduces test burdens.
---------------------------------------------------------------------------

    \86\ DOE is incorporating by reference AMCA 214-21 and relies on 
the definitions included in Sections 3 of AMCA 214-21, including the 
definition of minimum testable configuration as proposed in the July 
2022 NOPR. See 87 FR 44194, 44257.
---------------------------------------------------------------------------

    For air circulating fans, in line with the provisions in Section 
6.3 of AMCA 230-23, DOE requires that any appurtenances sold with the 
fan shall be included in the minimum testable configuration, as 
proposed.
    In addition, in the July 2022 NOPR, DOE noted that for air 
circulating fans, the AMCA 230 committee was considering additional 
provisions to include in the next version of AMCA 230 to describe what 
should be considered as part of the test (i.e., the ``minimum testable 
configuration''). The committee was considering the following: (1) If 
sold with the fan, an on/off switch or speed control device would be 
included in the minimum testable configuration. The power consumption 
of the on/off switch or speed control device would be included in the 
active and standby mode power measurements. (2) If multiple control 
devices are sold with the fan, only the standard fan control device 
would be used for testing. (3) Optional product features not related to 
generating air movement would not be energized for the purpose of 
testing. Optional product features not related to generating air 
movement include, but are not limited to, misting kits, external 
sensors not required to operate the fan, and communication devices not 
required to operate the fan. 87 FR 44194, 44225.
    For air circulating fans, in the July 2022 NOPR, DOE tentatively 
determined that it is unlikely that additional features not related to 
air movement would remain in the on-position unless intended by the 
consumer. As such, requiring testing in their ``as-shipped'' 
configuration would not provide a more representative measure of energy 
use for air circulating fans. DOE proposed to add clarification that 
additional features not related to air movement be installed, but 
either powered off or set at the lowest energy-consuming mode during 
testing. Further, to avoid confusion as to which controller is used for 
testing in the case where multiple advanced controllers are offered, 
DOE proposed to add additional clarification to its specifications for 
appurtenances. Specifically, DOE proposed to clarify that if the air 
circulating fan is offered with a default controller, testing would be 
conducted using the default controller. If the air circulating fan is 
offered with multiple controllers, testing would be conducted using the 
minimally functional controller (i.e., ``standard controller''). 
Testing using the minimally functional controller is consistent with 
the direction to test with additional features not energized during the 
power consumption measurement. Controller functions other than the 
minimal functions (i.e., the functions necessary to operate the air 
circulating fan blades) are akin to additional features that do not 
relate to the air circulating fan's ability to create airflow. This 
proposed addition clarifies which controller to select. These proposals 
were in line with the additional provisions considered by the AMCA 230 
committee at the time. Id. at 87 FR 44225-44226.
    DOE did not receive any comments on these specific proposals.
    Since then, AMCA 230-23 has incorporated these provisions in 
section 6.3. DOE is referencing the provisions in section 6.3 of AMCA 
230-23.
12. Voltage, Phase, and Frequency
    This section is only applicable to fans with a motor that are 
tested wire-to-air, where the electrical power supplied to the fan 
needs to be specified.
    Regarding frequency, fans and blowers can be rated to operate at 50 
or 60 Hz, be supplied by single-phase or multi-phase electricity, and 
can operate at a single rated voltage (e.g., 115 V) or within one or 
more rated voltage ranges, or a combination of both (e.g., 115/208-230 
V). In the July 2022 NOPR, DOE stated that section 7.8 of AMCA 214-21 
specifies that for fan electrical power measurement (when conducting a 
wire-to-air test), the fan must be operated using a 60 Hz supply unless 
that frequency conflicts with nameplate values. The voltage during the 
test shall match the highest allowable value that corresponds with the 
relevant nameplate. 87 FR 44194, 44226.
    In the United States, 60 Hz frequency is the most representative, 
and DOE tentatively determined that fans rated for operation with only 
60 Hz power supply would be tested with 60 Hz electricity and that fans 
capable of operating with 50 Hz and 60 Hz electricity would also be 
tested with 60 Hz electricity. DOE tentatively determined that it does 
not need to consider fans rated for operation with only 50 Hz power, 
since these fans are not relevant in the U.S. market. Id.
    Regarding the phase to select for testing, DOE proposed to clarify 
which phase to use during the test as follows. DOE proposed to specify 
to test fans and blowers, including circulating fans, rated for 
operation with only a single- or multi-phase power supply with single- 
or multi-phase electricity, respectively. For fans and blowers, 
including circulating fans, capable of operating with single- and 
multi-phase electricity, DOE proposed that such fans must be tested 
using a multi-phase power supply, which is the most common power supply 
for industrial and commercial equipment. Id.
    Regarding the voltage to select for testing, DOE proposed to 
clarify which voltage to use during the test as follows. For fans and 
blowers other than air circulating fans, DOE proposed to retain the 
provisions in section 7.8 of AMCA

[[Page 27356]]

214-21 to specify testing at the highest rated voltage and align with 
existing industry standards. Id. For air circulating fans, DOE reviewed 
the provisions related to the supply voltage in the ceiling fan test 
procedure, which are also tested based on AMCA 230-15 (with errata). 
Section 3.4.3 and 3.4.4 of 10 CFR part 430, appendix U. DOE proposed 
the same provisions for air circulating fans that it uses for ceiling 
fans, with additional language to distinguish how to select the supply 
voltage for fans tested using single-phase and multi-phase electricity. 
Specifically, DOE proposed that the supply voltage must be: (1) for air 
circulating fans tested with single-phase electricity, the supply 
voltage would be (a) 120 V if the air circulating fan's minimum rated 
voltage is 120 V or the lowest rated voltage range contains 120 V, (b) 
240 V if the air circulating fan's minimum rated voltage is 240 V or 
the lowest rated voltage range contains 240 V, or (c) the air 
circulating fan's minimum rated voltage (if a voltage range is not 
given) or the mean of the lowest rated voltage range, in all other 
cases; (2) for air circulating fans tested with multi-phase 
electricity, the supply voltage would be (a) 240 V if the air 
circulating fan's minimum rated voltage is 240 V or the lowest rated 
voltage range contains 240 V, or (b) the air circulating fan's minimum 
rated voltage (if a voltage range is not given) or the mean of the 
lowest rated voltage range, in all other cases. Id.
    ebm-papst stated that the electrical power supply (frequency, 
phase, and voltage) are specified by the fan supplier. ebm-papst 
commented that any surveillance testing for enforcement of a regulation 
should be performed at the supplier-specified electrical conditions. 
ebm-papst commented that DOE restrictions on the permitted power supply 
would potentially limit the usability of fan performance data for 
specific projects due the very diverse nature of the fan industry. 
(ebm-papst, No. 31 at p. 10)
    For fans supplied for use in the United States, AMCA advised that 
the frequency, phase, and voltage be 60 Hz, 1- or 3-phase, and 110 VAC 
or 230/460 VAC, respectively. AMCA added that the test procedure should 
conform to U.S. standards for fans sold in the United States. 
Additionally, AMCA stated that because these are the most prevalent 
electrical properties of fans sold in the market, the test procedure 
should be based on those properties. Additionally, AMCA stated support 
for the adoption of section 7.8 of AMCA 214 and not ``consider[ing] 
other options such as specifying a voltage for test similar to that 
proposed . . . for air circulating fans.'' AMCA noted that doing 
otherwise could negate historical fan data that was tested in 
accordance with AMCA 214. (AMCA, No. 41 at p. 24)
    New York Blower commented in support of testing at 60 Hz. New York 
Blower commented that fans with application motors can be configured 
regularly with 1- or 3-phase voltage configurations at a variety of 
voltage levels. New York Blower stated that if the fan is rated and 
offered for sale at a variety of motors that require different voltages 
and phases, then it should be tested as offered. New York Blower added 
that bare fans can be driven by a torque meter. (New York Blower, No. 
33 at p. 15)
    Morrison commented that it supports the use of voltage, phase, and 
frequency for U.S.-targeted products be 110 VAC or 230/460 VAC, 60 Hz, 
and 1- or 3-phase. (Morrison, No. 42 at p. 6)
    Nidec requested clarity on the voltages to consider in the test 
procedure. (Public Meeting Transcript, No. 18, at p. 56)
    The frequency, voltage, and phase selected for testing can impact 
the determination of the input power and in turn the determination of 
the FEI or CFM/W metrics. Therefore, DOE specifies how manufacturers 
must select the frequency, phase, and voltage when testing in 
accordance with the DOE test procedure and cannot permit testing each 
fan and at the supplier-specified electrical conditions.
    Regarding the frequency, DOE requires that fans rated for operation 
with only 60 Hz power supply be tested with 60 Hz electricity and that 
fans capable of operating with 50 Hz and 60 Hz electricity also be 
tested with 60 Hz electricity. DOE is not adopting provisions for fans 
rated for operation with only 50 Hz power supply, as these are not 
relevant to the U.S. market.
    Regarding the phase to select for testing, DOE clarifies which 
phase to use during the test as proposed in the July 2022 NOPR. DOE 
requires testing fans and blowers, including circulating fans, rated 
for operation with only a single- or multi-phase power supply with 
single- or multi-phase electricity, respectively. For fans and blowers, 
including circulating fans, capable of operating with single- and 
multi-phase electricity, DOE requires testing using multi-phase power 
supply, the most common power supply for industrial and commercial 
equipment.
    Regarding the voltage to select for testing, DOE specifies which 
voltage to use during the test as proposed in the July 2022 NOPR. For 
fans and blowers other than air circulating fans, DOE retains the 
provisions in section 7.8 of AMCA 214-21. For air circulating fans, DOE 
adopts the same provisions as proposed in the July 2022 NOPR, to 
distinguish how to select the supply voltage for fans using single-
phase and multi-phase electricity. DOE's provisions related to voltage 
are similar to those used for ceiling fans and DOE believes these 
provide sufficient clarity on how to select the voltage for testing 
based on the voltage(s) of the air circulating fan as rated by the 
manufacturer.
13. Test Speeds for Air Circulating Fans
    In the July 2022 NOPR, for single speed air circulating fans, DOE 
proposed to require that testing be conducted at the single available 
speed. For multi-speed fans with discrete operating speeds, and for 
variable-speed fans with continuously adjustable speeds, while DOE 
believed it is preferable to align the DOE test procedure with the 
accepted industry test procedures--in this case AMCA 230--as much as 
possible, DOE explained that it did not have data to determine the 
typical field operating speed(s) of air circulating fans and DOE 
tentatively determined that testing at each discrete speed (for multi-
speed fans) or at each of the five speeds currently specified in AMCA 
230-15 (with errata), rather than only requiring testing at the maximum 
speed, may provide a more holistic representation of an air circulating 
fan's performance over a range of service levels, which may in turn 
facilitate easier comparisons for consumers. In addition, DOE proposed 
to clarify that for variable-speed air circulating fans with a minimum 
speed that is greater than 20 percent of the maximum speed, the 
performance data would be captured and reported in five speeds evenly 
spaced throughout the speed range, including at minimum and maximum 
speeds.\87\ 87 FR 44194, 44227.
---------------------------------------------------------------------------

    \87\ If the fan's maximum speed is 1000 RPM and the fan's 
minimum speed is 400 RPM, then the following speeds should be 
reported: 400, 550, 700, 850, and 1000 where each speed is equally 
spaced of 150 RPM or (1000-400)/4.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE added that it was considering several 
alternative options for specifying the test speeds at which fans with 
multiple or variable speeds should be tested, including testing a high 
speed only, or testing in accordance with the speed requirements for 
large diameter ceiling fans in section 3.5 of 10 CFR part 430, appendix 
U, which specifies that testing must be conducted at maximum speed and 
at 40-percent speed or the nearest

[[Page 27357]]

speed that is not less than 40-percent speed. DOE noted that regardless 
of the proposed tested speeds, performance data at additional speeds 
may be captured and reported to better define the shape of the fan 
performance curve (for example, additional measurements at 20, 60, and 
80 percent of maximum speed). Id.
    AMCA commented that AMCA currently does not have usage data for air 
circulating fans in the United States. AMCA noted that the AMCA 230 
committee recommends rating air circulating fans at only maximum speed. 
AMCA commented that some small air circulating fans are supplied with 
solid-state controllers (SSC) for fan-speed reduction and recently, 
direct-drive air circulating fans with variable-speed EC motors have 
entered the market. However, AMCA commented that the current market for 
air circulating fans is predominantly single speed fans. AMCA added 
that there is no common number of available speeds (2, 3, 4, etc. speed 
fans) and the discrete speeds vary greatly (~95 to 60 percent of 
maximum speed). AMCA recommended that only the highest speed be used 
for the air circulating fan metric because consumers will benefit from 
comparing fans at a standardized condition and that using the highest 
speed is the only equitable way to do this for air circulating fans. 
AMCA stated that rating fans at different non-maximum speeds will cause 
consumers to be confused and potentially purchase significantly less 
efficient fans. AMCA provided an example comparison of a single speed 
fan (Fan 1) and a variable speed model (Fan 2) where both fans are used 
in agricultural applications and generate the same amount of airflow at 
maximum speed and Fan 1 consumes half the power of Fan 2 at high speed. 
AMCA commented that as currently defined in the NOPR, Fan 1 and Fan 2 
would have the same proposed ACFEI rating of 1.01. (See Table III-11)

                            Table III-11--Air Circulating Fan Performance Comparison
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
% Max RPM.......................             36%             52%             68%             84%            100%
Airflow (CFM)...................           2,440           3,145           3,851           4,556           5,262
Fan 1 Power (W).................  ..............  ..............  ..............  ..............           297.6
Fan 2 Power (W).................            38.8           107.6             220           381.4           595.2
Fan 1 ACFEI (proposed)..........               *               *               *               *            1.01
Fan 2 ACFEI (proposed)..........            2.15            1.07            0.74            0.59            0.51
Fan 1 (CFM/W)**.................  ..............  ..............  ..............  ..............           17.68
Fan 2 (CFM/W)**.................           62.89           29.23           17.50           11.95            8.84
----------------------------------------------------------------------------------------------------------------
* Note: the AMCA comment included values at different speeds. However, for a single speed fan, only one speed is
  applicable.
** DOE added the CFM/W row for additional comparison.

    AMCA commented that since air circulating fan heads in agricultural 
applications are often purchased to generate relatively high air speeds 
to cool large mammals (cows require 200-400+ fpm of air speed for 
cooling), the air circulating fans are very likely to run at higher 
speeds for the majority of their operating hours. In this instance, 
according to AMCA, the efficiency metric would mislead the consumer to 
believe that the single speed fan would consume the same amount of 
electricity as the highly inefficient variable speed fan. (AMCA, No. 41 
at p. 26) AMCA added that similar to high-speed small diameter (HSSD) 
ceiling fans, air circulating fan heads are typically either single 
speed or do not have common discrete speeds, so speeds other than high 
speed may not be well defined. Additionally, stated AMCA, there are no 
data available to estimate a distribution of time spent at speeds other 
than high speed for use in an efficiency metric. AMCA commented that 
the operating speed(s) and time spent at each speed will vary greatly 
based on the application and potentially on the local weather 
conditions. Finally, commented AMCA, unlike ceiling fans where low 
speed operation can be used for destratification, the only utility of 
an air circulating fan is generating elevated air speed, which takes 
place at higher fan speeds. Therefore, AMCA recommended that similar to 
HSSD fans, DOE only rate air circulating fans at maximum speed. (AMCA, 
No. 41 at pp. 25-26)
    Big Ass Fan commented that an [air circulating] fan with an ACFEI 
of 1 at full speed could have a ACFEI of 10 to 20 when the speed is 
reduced to the 20 to 30 percent range. Big Ass Fan commented that such 
approach would inflate the ACFEI metric such that a fan could have a 
ACFEI of 1 at full speed and a weighted average ACFEI of 7. In 
addition, Big Ass Fan commented that operating at 20 percent speed does 
not provide any utility as these fans are primarily designed to create 
air speed to increase the rate of heat loss off the human body, or off 
of an animal. As such Big Ass fan stated that the ACFEI metric as 
proposed would be rewarding to speeds that provide no utility and would 
not represent how the product is used. (Public Meeting Transcript, No. 
18 at p. 55)
    DOE collected additional speed data on air circulating fan 
performance data from the BESS certification database \88\ and observed 
that over 80 percent of models are rated at high speed only. While DOE 
cannot confirm if these fans are single speed, the data seems to 
indicate that the market is predominantly single speed as stated by 
AMCA. In addition, as noted by AMCA and Big Ass Fans, a weighted 
average metric across different speeds may have unintended 
consequences, inflate the ACFEI metric, and disproportionally favor 
multi-and variable-speed fans, which would show significantly better 
ratings even when performing relatively worse than a similar single 
speed fan at the same airflow and maximum speed. In addition, the 
latest version of AMCA 230-23 (section 7.2.4.1 of AMCA 230-23) was 
revised to require testing at the highest speed only (maximum speed). 
Therefore, at this time, DOE is requiring testing at maximum speed 
only, which DOE believes is most representative of an average use cycle 
and would not be unduly burdensome for manufacturers to conduct. DOE 
notes that for multi- and variable-speed air circulating fans, section 
7.2.4.1 of AMCA 230-23 provides that performance data at additional 
speeds may be captured to better define the shape of the fan 
performance curve (for example, additional measurements at 20, 60, and 
80 percent of maximum speed). DOE adopts to reference these provisions 
and allows optional representations at lower speeds as allowed in AMCA 
230-23.
---------------------------------------------------------------------------

    \88\ Additional speed data collected in September 2022 included 
435 models of air circulating fans with the following information: 
Manufacturer, Power Supply, Model Number, Style (i.e., basket, box, 
panel, or tube), Size (in) (i.e., impeller diameter), Guard 
configuration, Airflow (CFM), efficacy (CFM/W), Thrust (lbf), Input 
power (kW), Thrust Efficiency ratio (lbf/kW), 5D Centerline Velocity 
(fpm), and Speed (high, med, low, % of max). See bess.illinois.edu.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE noted that AMCA 214-21 has provisions to

[[Page 27358]]

calculate performance data at non-tested speeds based on wire-to-air 
test results at different speeds. See section 6.2 of AMCA 214-21, 
``Calculated Ratings Based on Wire to Air Testing,'' which references 
section 8.2.3, ``Calculation to other speeds and densities for wire-to-
air testing'' and Annex G, ``Wire-to-Air Measurement--Calculation to 
Other Speeds and Densities (Normative).'' For air circulating fans, DOE 
tentatively determined that these sections do not apply because air 
circulating fans have a more limited range of operating speeds and DOE 
proposed to test at each speed where performance data is required. In 
the July 2022 NOPR, DOE noted that AMCA 214-21 also includes an annex 
that only applies to shaft-to-air tests and allows interpolating 
performance between tested speeds (Annex E of AMCA 214-21). For air 
circulating fans, DOE tentatively determined that these sections do not 
apply because air circulating fans are tested wire-to-air. 87 FR 44194, 
44227.
    In response to the July 2022 NOPR, AMCA commented that for ACF, 
only G.2.3 airflow and G.2.5.2 electrical power at zero static pressure 
apply. (AMCA, No. 41 at p. 27) AMCA commented that Annex E is not 
needed for air circulating fans because air circulating fans are tested 
and sold inclusive of motors. Id.
    As previously stated, DOE is no longer referencing AMCA 214-21 for 
air circulating fans and DOE is not opting to reference sections 6.2 of 
AMCA 214-21, which references section 8.2.3 and Annex G; or Annex E of 
AMCA 214-21.
14. Run-In Requirements
    In the July 2022 NOPR, DOE stated that section 7.4 of AMCA 214-21 
specifies that all fans shall be run-in for not less than 15 minutes 
prior to the commencement of data collection and that the AMCA 230 
committee was considering similar provisions for air circulating fans. 
DOE proposed that the minimum run-in requirement of 15 minutes for fans 
and blowers be applied to air circulating fans. 87 FR 44194, 44235.
    Since then, AMCA 230-23 became available and sections 7.1.3 and 7.3 
of AMCA 230-23 include a minimum run-in requirement of 15 minutes.
    New York Blower commented that the proposed run-in requirements 
seem appropriate and are similar to current procedures and practices. 
(New York Blower, No. 33 at p. 17)AMCA and Morrison recommended that 
the minimum run-in time for any fan should be at least 15 minutes, 
which is consistent with DOE's proposal. (AMCA, No. 41 at pp. 28-30; 
Morrison, No. 42 at p. 7)
    In this final rule, DOE is requiring that all fans shall be run-in 
for no less than 15 minutes prior to the commencement of data 
collection.
15. Determination of Equilibrium and Test Stability
    As discussed in the July 2022 NOPR, both AMCA 210-16 and AMCA 230-
15 require that steady readings must be obtained prior to the start of 
test; however, neither test standard provides specific variables with 
associated tolerances within which equilibrium can be quantified. To 
ensure repeatable and reproducible results from a test method, it is 
necessary to specify consistent requirements for determining when a fan 
is and is not at equilibrium before the commencement of testing. It is 
also necessary to specify a duration over which equilibrium must be 
established. 87 FR 44194, 44227-44228.
a. Fans and Blowers Other Than Air Circulating Fans
    As discussed in the July 2022 NOPR, DOE reviewed the test chamber 
and test equipment accuracy requirements listed in section 6 of AMCA 
210-16 to determine equilibrium requirements for fans and blowers other 
than air circulating fans. 87 FR 44194, 44229. DOE proposed that 
calculations of ambient air density, and measurements of input power 
(as measured by a reaction dynamometer, torque meter, calibrated motor, 
or electrical meter), and fan speed would need to fall within the 
tolerance window listed in Table III-12 prior to initiating the test. 
Id. In DOE's proposal, input power stability would be required on a 
single input power device. DOE proposed that fan system equilibrium 
would need to be verified over at least 5 minutes, with measurements 
for each variable recorded at a maximum of 5 seconds. Id.

Table III-12--Tolerance Requirements for Measured Variables To Establish
   Stability for Fans and Blowers That are not Air Circulating Fans as
                     Proposed in the July 2022 NOPR
------------------------------------------------------------------------
                 Variable                       Equilibrium tolerance
------------------------------------------------------------------------
Ambient air density.......................  1 percent of
                                             mean.
Input power by reaction dynamometer.......  4 percent of
                                             mean.
Input power by torque meter...............  4 percent of
                                             mean.
Input power by calibrated motor...........  4 percent of
                                             mean.
Input power by electrical meter...........  2 percent of
                                             mean or 1 W, whichever is
                                             greater.
Fan speed.................................  1 percent of
                                             mean or 1 rpm, whichever is
                                             greater.
------------------------------------------------------------------------

    In the July 2022 NOPR, DOE discussed that ISO 5801 includes more 
stringent stability tolerance requirements for fan speed; however, DOE 
stated that since it was proposing requirements for both fan speed and 
input power, it was suggesting a less stringent tolerance on fan speed. 
Id. DOE requested comment on its proposal for determining if a fan that 
is not an air circulating fan has reached equilibrium prior to 
initiating testing, on the minimum duration and maximum interval over 
which equilibrium would need to be verified, and on which variables 
proposed in Table III-12 that, if not stable prior to test, would have 
the greatest impact on measured fan performance. 87 FR 44194, 44229.
    During the public meeting associated with the July 2022 NOPR, Nidec 
commented that motor test methods require [motor] temperature 
stabilization and that the July 2022 NOPR did not discuss temperature 
stabilization. (Public Meeting Transcript, No. 18, p. 57) In the July 
2022 NOPR, DOE stated that section 7.4 of AMCA 214-21 specifies that 
all fans shall be run-in for not less than 15 minutes prior to the 
commencement of data collection. 87 FR 44194, 44235. As discussed in 
section III.E.15, DOE is requiring that all fans shall be run-in for no 
less than 15 minutes prior to the commencement of data collection. The 
purpose of this requirement is to ensure the motor tested with the fan 
is appropriately warmed up and stable. While DOE has not provided 
specific temperature stabilization requirements for the motor, DOE 
expects that laboratories will sufficiently run-in the motor to avoid 
lengthy testing to demonstrate fan stability. ebm-papst commented that 
AMCA 210 and ISO 5801 testing has not caused them concerns about 
equilibrium. (ebm-papst, No. 31 at p. 11)
    New York Blower commented that the signals being measured for 
larger fans have inherent instability. (New York Blower, No. 33 at p. 
12) New York Blower also commented that a 5-minute interval between 
each test determination seems excessive,

[[Page 27359]]

particularly based on their experience of testing industrial fans; 
however, they understand if this is necessary for air circulating fans. 
(New York Blower, No. 33 at p. 16) In response, DOE notes that its 
intent in the July 2022 NOPR was that a fan would be considered stable 
if it met the proposed tolerance requirements over a 5-minute 
``stability test'', not that each test would be 5 minutes in duration.
    Robinson stated that the equilibrium requirements are reasonable; 
however, they added that not all laboratories are temperature 
controlled and therefore the density requirement may not be attainable 
for the duration of the test. Robinson commented that specifying 
equilibrium for density as it applies to centrifugal housed or radial 
housed fans would create a need for laboratories to add climate control 
systems or increase the sizes of their existing laboratories to 
maintain a density equilibrium. If this is only meant as a measure of 
starting a test that may be acceptable, but for the duration of a test 
a 1 percent change in density is unlikely to be maintained particularly 
as testing a fan will take several hours or span over more than one 
day. (Robinson, No. 43 at p. 7) Additionally, Robinson commented that 
they do not see a need for a tight restriction on speed variation if 
the data can be corrected to a common condition. (Robinson, No. 43 at 
p. 10) In response, DOE notes that the purpose of setting a tolerance 
on fan speed is to ensure stability prior to testing, and prior to 
correcting to a common condition.
    Of the variables listed in Table III-12, calculated ambient air 
density, which is a function of dry bulb temperature, wet bulb 
temperature and barometric pressure, impacts the fan's test 
environment. It is important to ensure that the lab environment is 
stable, while fan stability is being assessed. Calculated air density 
for fans and blowers that are not air circulating fans is determined 
from the dry bulb temperature at plane 0 (Td0), the wet bulb 
temperature at plane 0 (Tw0), and the barometric pressure, 
where plane 0 is defined in Table 2 of AMCA 210-16 as the general test 
area. Regarding Robinson's comment that it may be difficult to maintain 
calculated air density within 1 percent of the mean over 
the duration of the test, DOE clarifies that the air density tolerance 
proposed in the July 2022 NOPR applies only to the determination of fan 
stability and that section 6.2.4.1 of AMCA 210-16 includes temperature 
and pressure measurement requirements when environmental conditions are 
varying. DOE would not expect temperature, relative humidity, and 
barometric pressure to vary outside of the ranges listed above over the 
timeframe necessary to determine stability, even in a building without 
climate control. However, DOE notes that since air density is used to 
determine fan performance, air density must be captured during each 
test run.
    Greenheck recommended not including additional equilibrium or 
stabilization procedures because once the dynamometer or calibrated 
motor is initially warmed up, no additional benefit is gained by 
waiting to stabilize. (Greenheck, No. 39 at . 6) To substantiate its 
position, Greenheck provided example test data for housed centrifugal 
fans at a constant rpm that showed no difference in brake horsepower 
versus airflow when the test was completed with cold bearings, warmed 
bearing or running each duty point for 5 minutes before taking the test 
measurement. (Greenheck, No. 39 at p. 7, Figure 2) Greenheck also 
provided a plot of energy use as a function of airflow for an axial fan 
using a calibrated motor. (Greenheck, No. 39 at p. 8, Figure 3) 
Although data values were not provided, Greenheck stated that all power 
readings within the usable portion of the fan curve are within 1 
percent whether the motor was warmed up and data collected, the motor 
was warmed up and data was corrected to 1200 rpm, or the motor was 
warmed up and data was taken after running for 5 minutes. (Greenheck, 
No. 39 at p. 7, Figure 2)
    Section 6.1.2 of AMCA 210-16 states that ``statistically stable 
conditions shall be established before each determination'' and that 
``trial observations shall be made until steady readings are 
obtained.'' This section of AMCA 210-16 provides no provisions for 
determining stable readings and provides no requirements for evaluating 
if conditions are statistically stable. Comments from AMCA and fan and 
blower manufacturers suggest that there are multiple ways a 
manufacturer may verify that a fan under test is considered stable 
prior to testing. Based on the data provided by Greenheck, ensuring 
that the dynamometer or calibrated motor is warmed up may be sufficient 
to ensure fan stability during test. However, DOE notes that it is 
required to ensure that its test procedures are repeatable--ensuring 
repeatability becomes especially important if enforcement testing is 
warranted to evaluate compliance with any potential energy efficiency 
standards.
    AMCA and Morrison stated that there is a need to ensure both 
equilibrium prior to testing and stability during testing, and that DOE 
did not sufficiently differentiate between the two. (AMCA No. 41 at pp. 
28-30; Morrison, No. 42 at p. 7) In the following sections, DOE 
discusses the test stability requirements that it is adopting for fans 
and blowers that are not air circulating fans. DOE notes that the 
purpose of these stability provisions is to clarify section 6 of AMCA 
210-16 to improve overall repeatability and reproducibility of the test 
procedure. DOE does not expect these requirements to obsolete 
historical testing completed by the industry.
    In its comments, AMCA recommended using the same approach for 
determining stability of air circulating fans and fans and blowers that 
are not air circulating fans. Specifically, AMCA stated that all 
measured values will fluctuate over time, and recommended averaging 
these values over a 120-second duration to ensure test repeatability. 
(AMCA, No. 41 at p. 28) AMCA also commented that these fluctuations may 
trend upward or downward, or may fluctuate around an average value, and 
provided two examples, one where measured power increases with time 
over a measurement interval of 300 seconds, and the second where 
measured power varies, but does not increase over the same measurement 
interval. (AMCA, No. 41 at pp. 28-29) AMCA further recommended that 
instrument filtering should be used to minimize measurement 
fluctuations and provided examples of how a measurement instrument 
could be set up to do this. (AMCA, No. 41 at p. 29) AMCA also suggested 
that fan speed stability would be established when the averaged results 
from two successive readings differ by no more than 1 percent or 1 rpm, 
whichever is greater, and that electrical input power stability would 
be established when the averaged results from two successive readings 
differ by no more than 1 percent or 1 watt, whichever is greater. Id. 
DOE interprets AMCA's comments to suggest that filtered fan speed and 
input power or torque measurements should be averaged over 120-second 
intervals and that the average over this interval should be compared to 
previous 120-second intervals to determine whether these variables meet 
the tolerance requirements discussed above. (See AMCA, No. 41 at p. 29, 
recommendation 3) But AMCA also stated that fan stability occurs much 
more quickly for fans and blowers that are not air circulating fans 
since they are tested against pressure and in a duct or in a chamber. 
(AMCA, No. 41 at p. 29) Additionally, for fans and blowers that

[[Page 27360]]

are not air circulating fans, AMCA suggested a different time interval 
for determining the test measurement value, specifically taking the 
average over a 15 second interval, but increasing the averaging 
duration to 60 seconds if individual measurements fluctuate by more 
than 2 percent of the average over the 15-second interval. 
(AMCA, No. 41 at p. 30) For testing, Morrison Products suggested a 
similar approach, but with shorter time intervals, specifically, test 
measurement values would be determined by averaging over 10 seconds; 
however, if individual measurements fluctuate by more than 2 percent of the mean, the duration over which the average should 
be taken would increase to 30 seconds. (Morrison Products, No. 47 at p. 
7)
    DOE agrees with AMCA that determination of fan stability should be 
a comparison of averages over successive time durations. However, 
because DOE expects that fans and blowers that are not air circulating 
fans will reach stability more quickly than air circulating fans, it 
believes determining average input power and fan speed over 120-second 
intervals may filter the data too much and may unnecessarily increase 
the time to confirm equilibrium. Instead, DOE has determined that 
ensuring the average fan speed and average input power over successive 
60-second data intervals (i.e., average of data points collected at 
least every 5 seconds over 60 seconds) are within the tolerances listed 
in Table III-12 is appropriate for determining fan speed and input 
power equilibrium. The 60-second data interval is consistent with the 
interval recommended by AMCA as a secondary option if filtered 
measurements fluctuate by more than 2 percent over a 15-
second test interval. (AMCA, No. 41 at p. 30) While AMCA's suggestion 
was specific for testing, DOE believes that a consistent data 
collection interval for both equilibrium determination and testing 
reduces the complexity of the test procedure and reduces test procedure 
burden since the last sampling interval for determining equilibrium 
interval may be used as a test measurement.
    In its comments, AMCA provided a figure showing input power 
trending upward over a 300-second measurement interval. (AMCA, No. 41 
at p. 29, Figure 7) DOE understands this figure to suggest that 
comparing average values between successive data collection intervals 
may not capture instances where fan speed or input power are 
consistently trending upward or downward over time. Upward or downward 
trends in fan speed or input power over successive test intervals 
indicate that the fan system has not reached stability and that 
stability data must be collected over additional 60-second time 
intervals until data within the measured time intervals are no longer 
consistently increasing or decreasing. Comparing the slope of the 
individual data within each time interval, in addition to ensuring 
required tolerances are met, provides information on whether the 
measured value is stable, or consistently increasing or decreasing over 
time. For example, a positive slope calculated for three consecutive 
time intervals indicates a consistent upward trend in the measured 
variable suggesting that the fan has not reached stability and 
additional intervals must be run until a negative slope is achieved. As 
a second example, if a positive, negative, and positive slope are 
determined for fan speed and input power over three consecutive 
intervals, these variables are likely stable.
    As such, DOE has determined to add further specificity to the 
stability requirements outlined in section 6.1.2 of AMCA 210-16. 
Specifically, stability will be evaluated and confirmed over at least 
three 60-second data collection intervals. DOE believes that at least 
three data collection intervals are necessary to ensure that slope is 
not consistently increasing or decreasing for each successive test 
duration. Fan speed and input power shall be monitored at least every 5 
seconds over each 60-second data collection interval. The following two 
requirements must be met for a fan to be considered stable and for 
testing to commence:
    (1) The average of fan speed from one data collection interval to 
the next must be within 1 percent or 1 rpm, whichever is 
greater; and the average input power by reaction dynamometer, torque 
meter or calibrated motor must be 4 percent, or the average 
input power by electrical meter must be 2 percent of the 
mean or 1 watt, whichever is greater. These values are consistent with 
those proposed in the July 2022 NOPR; however, the interval over which 
average speed and average input power is determined, and the comparison 
between these intervals has been further clarified.
    (2) The slope of fan speed and the slope of fan input power over 60 
seconds from one data collection interval to the next shall not be 
trending upward or trending downward. Specifically, if the slope of 3 
or more successive data collection intervals are all positive or all 
negative, additional data collection intervals must be run until a 
negative or positive slope, respectively, is achieved.
    For testing (i.e., after equilibrium has been verified), Morrison 
recommended sampling and statistically averaging test measurements over 
10 seconds and that if filtered measurements fluctuate by more than 2 
percent of the average value, the averaging time shall be increased to 
30 seconds. (Morrison, No. 42 at p. 7) AMCA, as discussed previously, 
recommended statistically averaging test measurements over 15 seconds 
and if filtered measurements fluctuate by more than 2 percent of the 
average value, the averaging time would be increased to 60 seconds. 
(AMCA, No. 41 at p. 29-30)
    First, DOE clarifies that the tolerances specified in Table III-12, 
excluding the air density tolerance, should be maintained throughout 
the test. Second, average values from two successive 60-second sampling 
intervals meet the tolerance requirements specified in Table III-12 
(excluding air density). DOE expects that maintaining the same data 
collection requirements for equilibrium determination and testing 
(i.e., 60 seconds) will simplify the test and ultimately reduce test 
burden, since the last equilibrium measurement could be used as a valid 
test point. However, DOE also recognizes that laboratories may be able 
to achieve the specified tolerance on fan speed and input power over a 
shorter time interval, as suggested by Morrison. Therefore, in this 
final rule, DOE is specifying only that the sampling interval to 
determine average test values should not exceed 60 seconds, consistent 
with the sampling interval used to determine equilibrium.
    Regarding AMCA's comment on data filtering, or damping, DOE 
recognizes that data filtering helps reduce noise or measurement 
fluctuation. DOE's requirement that data taken every 5 seconds must be 
averaged over a 60-second duration effectively filters the data with a 
time constant of 5 seconds.
b. Air Circulating Fans
    In the July 2022 NOPR, DOE discussed the equilibrium options 
considered by the AMCA 230 committee. At the time, the committee was 
considering choosing three or four of the following values to determine 
equilibrium: fan speed, system input power, barometric pressure, and 
load differential. The committee was also considering that these 
variables would need to meet a specified tolerance after at least 5 
minutes of the fan running, with measurements taken at least every 5 
seconds. 87 FR 44194, 44228.
    Furthermore, DOE had tentatively determined that the ambient air 
density, extraneous airflow (i.e., test room ventilation), system input 
voltage,

[[Page 27361]]

system input current, system input power, fan speed, load, and load 
differential would impact test results. Id. Therefore, DOE proposed 
that measurements of these values would need to fall within a specified 
tolerance window listed in Table III-13 prior to initiating a test for 
air circulating fans. Id. DOE also proposed that measurements for each 
of the variables would be taken at least every 5 seconds over at least 
5 minutes, providing a minimum of 60 data points from which equilibrium 
can be verified. Id.

Table III-13--Tolerance Requirements for Measured Variables To Establish
  Stability for Air Circulating Fans as Proposed in the July 2022 NOPR
------------------------------------------------------------------------
                 Variable                       Equilibrium tolerance
------------------------------------------------------------------------
Calculated air density....................  1 percent of
                                             mean.
System input voltage......................  2 percent of
                                             mean.
System input current......................  2 percent of
                                             mean.
System input power........................  2 percent of
                                             mean or 1 W, whichever is
                                             greater.
Fan speed.................................  1 percent of
                                             mean or 1 rpm, whichever is
                                             greater.
Load......................................  1 percent of
                                             mean.
Load differential.........................  1 percent of
                                             mean.
------------------------------------------------------------------------

    DOE proposed that air density, as determined from dry bulb 
temperature, dew point, and barometric pressure measured over at least 
5 minutes, would remain within one percent of the mean air density to 
establish equilibrium prior to fan testing. Id. The system input 
voltage, system input current, system input power, load, and load 
differential tolerances for evaluating equilibrium that DOE proposed 
were two times the equipment accuracy tolerances specified in AMCA 230-
15 and identical to those discussed by the AMCA 230 committee working 
group at the time. Id. Additionally, DOE proposed that fan speed would 
be within 1 percent of the mean rpm or 1 rpm, whichever is 
highest over at least a 5-minute duration to establish equilibrium 
prior to testing. Id.
    Furthermore, in the July 2022 NOPR, DOE discussed possibly 
prioritizing the variables such that equilibrium must always be 
demonstrated for a specific number of the highest priority variables. 
Id. Alternately, DOE discussed possibly specifying a subset of the 
variables proposed, similar to what had been discussed by the AMCA 230 
committee at the time. Id.
    DOE requested comment on its proposal for determining that an air 
circulating fan has reached equilibrium prior to initiating testing, on 
the minimum duration and maximum interval over which equilibrium would 
need to be verified, and on the variables it proposed. 87 FR 44194, 
44228-44229.
    As discussed, AMCA recommended using the same approach for 
determining stability of air circulating fans and fans and blowers that 
are not air circulating fans and AMCA's comments are summarized in the 
previous section. For air circulating fans, AMCA stated that the AMCA 
230 committee proposed the following requirements for equilibrium that 
will be included in the next edition of AMCA 230: readings shall be 
recorded when both speed and electrical power have stabilized; readings 
shall be recorded at least 15 minutes after start-up; the averaged 
results from two successive readings of electrical input power shall 
differ by not more than 1 percent or 1 watt, whichever is greater; and 
the averaged results from two successive readings of fan speed shall 
differ by not more than 1 percent or 1 rpm, whichever is greater. 
(AMCA, No. 41 at p. 28, 30)
    Greenheck recommended that DOE adopt the run-in period and 
filtering methodology in the latest revision of AMCA 230 and that DOE 
handle air circulating fans in a separate rulemaking. (Greenheck, No. 
39 at p. 8)
    In the July 2022 NOPR, DOE stated that should the revised version 
of AMCA 230 publish prior to the publication of any DOE test procedure 
final rule, DOE intends to revise its test procedure provisions in line 
with the latest AMCA 230 standard, provided the updates to the AMCA 230 
standard are related to topics that DOE has discussed and for which DOE 
solicited comments. 87 FR 44194, 44228. Sections 7.1 and 7.3 of AMCA 
230-23 include provisions for run-in and determination of fan stability 
prior to test, specifically:
    (1) Run-in shall be conducted for no less than 15 minutes prior to 
the commencement of data collection;
    (2) Ambient conditions shall be measured prior to startup and 
throughout the test, as specified;
    (3) Load differential, measured electrical input power and fan 
speed measurements shall be averaged for a minimum of 120 seconds;
    (4) Measured electrical input power stability is established when 
the averaged results from two successive readings differ by not more 
than 1 percent or 1 watt, whichever is greater; and
    (5) Fan speed stability is established when the averaged results 
from two successive readings differ by not more than 1 percent or 1 
rpm, whichever is greater.
    Based on its review of AMCA 230-23, review of the comments received 
to the July 2022 NOPR, and additional evaluation of DOE test data for 
air circulating fans, DOE is generally adopting the fan stability 
provisions in AMCA 230-23, with additional clarification, as discussed 
below.
    Regarding the determination of ambient conditions, DOE notes that 
AMCA 230-23 does not provide additional specifications for determining 
ambient conditions. Of the variables listed in Table III-13, input 
voltage and room air density, which is a function of dry bulb 
temperature, wet bulb temperature and barometric pressure, impact the 
fan's test environment. It is important to ensure that environmental 
stability is achieved to minimize changes that impact fan performance, 
and that stability is maintained during the test to ensure test 
repeatability. DOE proposed in the July 2022 NOPR that calculated air 
density must remain within 1 percent of the mean and input 
voltage must remain within 2 percent of the mean over a 
period of 5 minutes with data collected at least every 5 seconds. 87 FR 
44194, 44228. DOE received no comments from stakeholders regarding 
stability determination or proposed tolerance criteria for either input 
voltage or room air density. Therefore, DOE is adopting the equilibrium 
tolerance criteria for input voltage and calculated air density as 
proposed in the July 2022 NOPR. However, based on comments received 
regarding determining fan stability (i.e., fan speed and load 
differential) and the language in AMCA 230-23, DOE is instead requiring 
that input voltage and room air density must meet the specified 
tolerance requirements over the full duration of a test, including the 
time it takes to demonstrate fan stability. While DOE proposed that 
determining equilibrium over at least 5 minutes, DOE recognizes that 
achieving equilibrium and capturing test data will vary depending on 
the fan, and has therefore opted to not specify a minimum time 
requirement for data capture. Finally, as discussed for fans and 
blowers that are not air circulating fans, since air circulating fans 
may be tested in facilities without climate control, ambient condition 
data collection may start after the run-in period has been completed, 
but before commencement of stability testing. In summary, this final 
rule specifies that input voltage shall be captured at least every 5 
seconds and shall not vary by more than 2 percent over the 
duration of each test (including stability determination) and 
calculated air

[[Page 27362]]

density shall not vary by more than 1 percent over the 
duration of each test (including stability determination).
    AMCA 230-23 specifies that stability must be established for 
electrical input power and fan speed; however, DOE notes that section 
7.2 of AMCA 230-23 requires reporting of load differential. Since 
measurement of load differential is a required value, and used in later 
calculations, DOE has determined that stability must also be 
demonstrated for load differential, in addition to electrical input 
power and fan speed. DOE notes that it proposed a tolerance of 1 percent of the mean for load differential in the July 2022 
NOPR. 87 FR 44194, 44228.
    While AMCA's comments to the July 2022 NOPR are consistent with the 
language in AMCA 230-23, AMCA's comments additionally suggest that 
comparing average values between successive data collection intervals 
may not capture an upward or downward trend in fan speed, input power, 
or load differential. (AMCA, No. 41 at p. 29, Figure 7) A lab may 
observe an upward or downward trend in these variables over successive 
data collection intervals if the fan has not been run-in for enough 
time and/or is not at equilibrium.
    To account for continuous upward or downward trends in slope over 
multiple 120-second measurement intervals, and to address AMCA's 
comment, DOE is adding further specificity to the stability 
requirements outlined in section 7.3 of AMCA 230-23. Specifically, 
stability will be evaluated and confirmed over at least three 120-
second data collection intervals. The 120-second data collection 
interval is consistent with the provisions in section 7.3 of AMCA 230-
23 for determining fan stability. However, AMCA 230-23 and AMCA's 
comments to the July 2022 NOPR do not recommend a minimum number of 
data collection intervals for determining stability. DOE believes that 
at least three data collection intervals are necessary to ensure a mix 
of positive and negative slopes calculated for the data collected over 
successive 120-second intervals. If the slope for each of three 
intervals either all increase or all decrease, the variable being 
measured is trending up or trending down, respectively, and the fan is 
not at equilibrium (see similar discussion in the previous section for 
fans and blowers that are not air circulating fans). While more than a 
minimum of three data collection intervals would provide greater 
assurance that fan speed, input power, and load are stable, DOE 
selected a minimum of three test intervals to minimize test burden, 
while still ensuring that a laboratory can validate that slopes are not 
consistently positive or negative. Additionally, DOE expects that if a 
fan is appropriately run-in prior to testing, laboratories should be 
able to demonstrate speed, input power and load stability with the 
minimum of three test intervals. Fan speed, input power, and load 
differential shall be monitored at least every 5 seconds over each 120-
second data collection interval. The following two requirements must be 
met for a fan to be considered stable and for testing to commence:
    (1) The average of fan speed from one data collection interval to 
the next must be within 1 percent or 1 rpm, whichever is 
greater; the average fan input power from one data collection interval 
to the next must be 1 percent or 1 watt, whichever is 
greater; and the average load differential from one data collection 
interval to the next must be 1 percent. The tolerance 
requirements for fan speed and load differential are the same as those 
proposed in the July 2022 NOPR (see Table III-13); however, DOE has 
tightened its tolerance criteria for fan input power from 2 
percent of the mean or 1 W, whichever is greater, to 1 
percent of the mean or 1 W, whichever is greater, to be consistent with 
section 7.3 of AMCA 230-23.
    (2) The slope of fan speed, input power, and load differential over 
120 seconds from one data collection interval to the next shall not be 
monotonic. Specifically, if the slope of 3 or more successive data 
collection intervals are all positive or all negative, additional data 
collection intervals must be run until a negative or positive slope, 
respectively, is achieved.
16. Test Figures for Air Circulating Fans
    In the July 2022 NOPR, DOE noted that AMCA 230-15 (with errata) 
describes the test set-up that can be used to test various categories 
of air circulating fans and specifies that air circulating fan heads 
and table fans, which correspond to unhoused ACFHs, must be tested 
according to test figures 2A, 2B1, and 2B2. AMCA 230-15 (with errata) 
and also specifies that box fans and personnel coolers, which are both 
housed ACFHs, must be tested using test figures 3A and 3B. DOE noted 
that the AMCA 230 committee reviewed the existing text figures and was 
considering revising the allowable test figures to reflect that housed 
air circulating fans could also be tested using test figures 2A, 2B1, 
and 2B2, and unhoused air circulating fans would be tested using 
figures 3A and 3B. 87 FR 44194, 44229.
    In the July 2022 NOPR, DOE tentatively determined that test figures 
2A, 2B1, 2B2, 3A and 3B are appropriate for all air circulating fans. 
As such, DOE proposed to specify that any test figures that are 
specified in AMCA 230-15 (with errata) can be used for testing air 
circulating fans. Id.
    Since then, AMCA 230-23 became available and specifies that test 
figures 2A, 2B1, 2B2, 3A and 3B \89\ are appropriate for all air 
circulating fan in section 6.1 of AMCA 230-23.
---------------------------------------------------------------------------

    \89\ In AMCA 230-23. These figures were re-numbered 10.2A, 
20.2B1, 10.2B2, 10.3A and 10.3B
---------------------------------------------------------------------------

    AMCA commented that AMCA 230-23 will include slight refinement of 
the test figures from the 2015 version. Nevertheless, stated AMCA, each 
test figure is applicable to the fans in the scope of AMCA 230, which 
means that figures 2A, 2B1, 2B2, 3A, and 3B are applicable to all air 
circulating fans. (AMCA, No. 41 at p. 27)
    As proposed, DOE specifies that any test figures specified in AMCA 
230-23 can be used for testing air circulating fans.
17. Location of External Airflow Measurement
    In the July 2022 NOPR, DOE noted that section 8.1.2 of AMCA 230-15 
(with errata) specifies that the air velocity in the test room, not 
generated by the test air circulating fan, shall not exceed 0.25 m/s 
(50 fpm) prior to, during, and after the test. Velocity measurements 
shall be taken immediately before and immediately after the test to 
ensure that this condition is met. In addition, AMCA 230-15 (with 
errata) specifies the location of the extraneous airflow measurement 
shall be directly under the center of the fan at an elevation of 1701.8 
mm (67 in.) above the floor. DOE noted that this provision is only 
applicable to fans tested according to Figure 1 of AMCA 230-15 (with 
errata) and that there is no location specified for extraneous airflow 
measurement for fans tested according to Figures 2A, 2B1, 2B2, 3A and 
3B. 87 FR 44194, 44234-44235.
    In the July 2022 NOPR, DOE noted that the AMCA committee was 
considering adding the following provisions to specify the location of 
the extraneous airflow measurement and to move these provisions from 
section 8.1.2 of AMCA 230-15 (with errata) into each of the figures. 
For Figure 1 of AMCA 230-15, the location of extraneous airflow 
measurement would be directly under the center of the fan at an 
elevation of 1.7m (67 in.) above the floor. For figures 2A, 2B1, 2B2, 
3A and 3B, the location of extraneous airflow measurement should be at 
the center of

[[Page 27363]]

the fan at a distance of 1.5m (5 ft) downstream of the fan impeller. 
DOE agreed that these additional specifications were necessary to 
ensure test procedure repeatability, and therefore proposed to add 
these additional provisions as considered by the AMCA 230 committee. 87 
FR 44194, 44235.
    AMCA commented that it supports the proposed location, adding that 
positions to measure extraneous airflow were added to AMCA 230 toward 
its revision. AMCA commented that the positions are the same as noted 
in the NOPR. (AMCA, No. 41 at p. 28)
    Since publication of the July 2022 NOPR, the test figures of AMCA 
230-23 have been updated to specify the positions to measure extraneous 
airflow as proposed. In this final rule, DOE is directly referencing 
the test figures in AMCA 230-23 which include the location of the 
extraneous airflow measurement as proposed.
18. Transducer Type Barometer
    In the July 2022 NOPR, DOE noted that section 6.5.2.1 of AMCA 230-
15 (with errata) specifies that transducer type barometers shall be 
calibrated for each test. DOE stated that the AMCA 230 committee was 
considering removing this requirement from the revised version. DOE 
noted that it was also considering not including this requirement as it 
may be sufficient to require that the barometer be calibrated against a 
mercury column barometer with a calibration that is traceable to 
National Institute of Standards and Technology (``NIST'') or other 
national physical measures recognized as equivalent by NIST, without 
having to repeat calibration before each test. 87 FR 44194, 44235.
    AMCA commented that calibration of transducer-type barometers for 
each test should be removed. AMCA commented that mercury-column 
barometers are discouraged and have often been removed from labs for 
safety reasons, but that transducers are very stable and are calibrated 
annually. AMCA commented that the AMCA 230 technical committee proposed 
the following change to barometer calibration, which will be included 
in section 6.5.2.1 ``Calibration'' of the 2022 edition of AMCA 230: 
``barometers shall be calibrated and calibration traceable to NIST or 
other national physical measures recognized as equivalent by NIST. 
Barometers shall be maintained in good condition. All equipment used to 
measure psychometric data shall be calibrated with uncertainties by an 
ISO 17025 accredited calibration laboratory.'' (AMCA, No. 41 at p. 30)
    Robinson commented that it does not recommend adding a requirement 
to calibrate transducer-type barometers for each test. (Robinson, No. 
43 at p. 10)
    Since publication of the July 2022 NOPR, section 5.5.2.1 of AMCA 
230-23 removed the requirement for calibration of transducer-type 
barometers for each test. As noted by AMCA, it is sufficient to require 
that the barometer be calibrated with a calibration that is traceable 
to National Institute of Standards and Technology (``NIST'') or other 
national physical measures recognized as equivalent by NIST, without 
having to repeat calibration before each test. DOE adopts to reference 
the provisions in section 5.5.2.1 of AMCA 230-23, and to not require 
calibration of transducer-type barometers for each test as recommended 
by Robinson.
19. Reference Fan Electric Input Power Calculation for Air Circulating 
Fans
    In the July 2022 NOPR, DOE proposed to rely on an FEI metric for 
air circulating fans. 87 FR 44194, 44237-44238. Section 4 of AMCA 214-
21defines the FEI as the fan electrical input power of a reference fan 
(FEPref) divided by the fan electrical input power of the 
fan being rated at the same flow and total pressure conditions 
(FEPact). Similar to how the FEPref of fans and 
blowers other than air circulating fans is calculated, DOE proposed to 
calculate the FEPref for air circulating fans based on:
     A reference fan shaft input power equation, used to 
calculate the reference fan shaft input power at a given duty point. 
This equation relies on a flow constant (Q0) and a pressure 
constant (P0), which represent how efficiency varies as a 
function of flow and pressure and an efficiency target, which was set 
to represent a market reference efficiency fan;
     A reference fan transmission efficiency equation, which 
calculates the reference fan transmission as a function of the 
reference shaft input power and represents a typical belt drive. See 
section 5.2 of AMCA 214-21; and
     A reference motor equation as described in section III.E.1 
of this document.
    DOE collected air circulating fan performance data from the BESS 
certification database \90\ and performed regression analyses to 
determine the appropriate flow, pressure, and efficiency target 
constants for air circulating fans. DOE proposed to rely on the 
following constants: Q0 = 3,210 CFM (rounded to the nearest 
10); P0 = 0 in.wg; and an efficiency target of 0.38 (38 
percent). 87 FR 44194, 44231-44234.
---------------------------------------------------------------------------

    \90\ Data collected on March 22, 2022, included 507 models of 
air circulating fans with the following information: Manufacturer, 
Power Supply, Model Number, Style (i.e., basket, box, panel, or 
tube), Size (in) (i.e., impeller diameter), Guard configuration, 
Airflow (CFM), efficacy (CFM/W), Thrust (lbf), Input power (kW), 
Thrust Efficiency ratio (lbf/kW), 5D Centerline Velocity (fpm). See 
bess.illinois.edu.
---------------------------------------------------------------------------

    In addition, DOE noted that it was considering using the term ``Air 
Circulating Fan FEI'' or ``ACFEI'' to differentiate the proposed FEI 
for air circulating fans from the FEI as it applies to fans and blowers 
that are not air circulating fans and from the CFEI as it applies to 
ceiling fans. 87 FR 44194, 44238
    As noted in Section III.G of this document, DOE is not adopting the 
FEI or ACFEI as the metric for air circulating fans. Therefore, DOE is 
not opting to specify a calculation of FEPref for air 
circulating fans. Comments received on the air circulating fan FEI also 
relate to the metrics and are discussed in Section III.G of this 
document.
20. Rounding
    As discussed in the July 2022 NOPR, AMCA 214-21 provides a method 
for calculating fan performance using the FEI metric; however, AMCA 
214-21 does not provide normative rounding requirements for FEI. 87 FR 
44194, 44234. DOE also discussed that it would consider referencing any 
rounding requirements in the updated version of AMCA 230, if those 
requirements were consistent with the rounding provisions that DOE 
proposed and solicited comments on in the July 2022 NOPR.\91\ Id. DOE 
received no comments regarding standardization of rounding with the 
newest version of AMCA 230. DOE notes that AMCA 230-23 provides 
rounding provisions for blade span and tip speed but does not include 
rounding provisions in Section 8, calculations. While not discussed in 
the July 2022 NOPR, DOE notes that AMCA 230-15

[[Page 27364]]

also does not provide rounding requirements.
---------------------------------------------------------------------------

    \91\ There is an error in section III.D.18 (Rounding) in the 
July 2022 NOPR. In the following sentence, it should have stated 
``reporting'' instead of appurtenances, ``Should the revised version 
of AMCA 230 publish prior to the publication of any DOE test 
procedure final rule, DOE intends, after considering stakeholder 
feedback received in response to the proposals in this document, to 
revise the provisions related to appurtenances in line with the 
latest AMCA 230 standard, provided the updates in this standard are 
consistent with the provisions DOE is proposing in this NOPR, or the 
updates are related to topics that DOE has discussed and for which 
DOE has solicited comments to in this NOPR. Since the section title 
is ``rounding'', DOE has determined that, despite the error, and 
given that DOE received no comments the context of this sentence is 
clear.
---------------------------------------------------------------------------

    FEI is specified to the hundredths place in section 6.5.3.1.3 of 
ASHRAE 90.1-2019 (Fan Efficiency). Additionally, the DOE energy 
conservation standard for large diameter ceiling fans is the Ceiling 
Fan Energy Index (``CFEI''), where the CFEI metric is calculated 
according to AMCA 208-18, is specified to the hundredths place (i.e., 
CFEI must be greater than or equal to 1.00 at high speed and 1.31 at 40 
percent speed, or the nearest speed that is not less than 40 percent 
speed). 10 CFR 430.32.(s)(2)(ii). Additionally, Annex I of AMCA 214-21 
(informative) specifies rounding the FEI to the hundredth place.
    Therefore, in the July 2022 NOPR, DOE proposed rounding represented 
values of FEI to the hundredths place. Id. For consistency, DOE also 
proposed that represented values for FEP would be rounded to the 
hundredths place. Id.
    How inputs to the calculation of FEI are rounded can impact the 
represented FEI (or FEP value). DOE reviewed the provisions related to 
rounding in the ceiling fans test procedure, which states that all 
measurements should be recorded at the resolution of the test 
instrumentation and that calculations shall be rounded to the number of 
significant digits present at the resolution of the test 
instrumentation. Section 3.1.1 of 10 CFR part 430, appendix U; 87 FR 
44194, 44234.
    In the July 2022 NOPR, DOE tentatively concluded that the rounding 
provisions in section 3.1.1 of 10 CFR part 430, appendix U are 
reasonable and that recording measurements at the resolution of the 
test instrumentation would provide sufficient significant digits for 
accurately calculating representative values of FEI and FEP. Id. 
Therefore, DOE proposed that all measurements would be recorded at the 
resolution of the test instrumentation and that calculations would be 
rounded to the number of significant digits present at the resolution 
of the test instrumentation. Id.
    ebm-papst, New York Blower, AMCA, and Morrison agreed that rounding 
FEI to the hundredths place is reasonable. (ebm-papst, No. 31 at p. 11; 
New York Blower, No. 33 at p. 17, AMCA, No. 41 at p. 28; Morrison, No. 
42 at p. 6). Additionally, New York Blower, AMCA and Morrison supported 
DOE's to round FEP to the nearest hundredth of a kW. (New York Blower, 
No. 33 at p. 17, AMCA, No. 41 at p. 28; Morrison, No. 42 at p. 6) AMCA 
and Morrison did, however, suggest that if the FEP is less than 1 kW, 
the value should be rounded to the nearest thousandth of a kW. (AMCA, 
No. 41 at p. 28; Morrison, No. 42 at p. 6) DOE received no comment on 
measurements being recorded at the resolution of the test instrument 
and calculations being rounded to the number of significant digits 
present at the resolution of the test instrument.
    DOE is adopting the requirement to round the FEI to the nearest 
hundredths place. DOE considered stakeholder feedback on the rounding 
requirements for FEP and is specifying that FEP should be rounded to 
three significant digits. Therefore, if FEP is greater than 1 kW, the 
value would be rounded to the nearest hundredth of a kW and if the FEP 
is less than 1 kW, the value would be rounded to the nearest thousandth 
of a kW. DOE is additionally specifying that all measurements shall be 
recorded at the resolution of the test instrument and that calculations 
shall be rounded to the number of significant digits present at the 
resolution of the test instrument, consistent with its proposal in the 
July 2022 NOPR.
    As discussed in detail in section III.G of this document, DOE is 
adopting an efficacy metric, reported in CFM/W, for air circulating 
fans. Although DOE discussed the possibility of adopting a CFM/W metric 
for air circulating fans in the July 2022 NOPR (87 FR 44194, 44234), 
DOE did not discuss or propose any rounding requirements for this 
metric. As such, DOE expects to propose rounding provisions for air 
circulating fans in a future certification rule.

F. Distinguishing Between Fans and Blowers and Air Circulating Fans

    In the July 2022 NOPR, DOE noted that some manufacturers offer the 
same fan model with different mounting configurations. Depending on the 
mounting configuration, the same fan could either meet the definition 
of a fan tested per AMCA 210-15 or meet the definition of an air 
circulating fan and be tested per AMCA 230-15. DOE identified that air 
circulating fans with housing (i.e., axial panel air circulating fans 
and box fans) can also be distributed in commerce as with brackets for 
mounting through a wall, ceiling, or other structure that separates the 
fan's inlet from its outlet and marketed as ``exhaust fans.'' In this 
case, DOE tentatively concluded these fans would be tested per AMCA 
210-16 as they would meet the definition of an axial panel fan. DOE 
added that manufacturers who distribute these fans in commerce in both 
configurations and market the fans both for air circulation and exhaust 
applications typically test the fan using both AMCA 230-15 (with 
errata) and AMCA 210-16. DOE proposed that fan models that meet both 
the definition of an axial panel fan and the definition of an air 
circulating fan depending on the presence or absence of brackets for 
mounting through a wall, ceiling, or other structure that separates the 
fan's inlet from its outlet be tested according to both the test 
procedures for fans and blowers, excluding air circulating fans, and 
the test procedure for air circulating fans. 87 FR 44194, 44235.
    AMCA commented that fan owners often apply fans differently from 
how manufacturers intended them to be used and that fan manufacturers 
did not have control over how panel fans are employed. AMCA noted that 
the presence or absence of brackets may not deter the use of a fan for 
the user's desired application. AMCA recommended that the criterion for 
the DOE-relevant test method is the fan nameplate information and 
coinciding technical marketing material and installation instructions. 
AMCA commented that if a fan is presented both as an air circulating 
fan and a fan and blower other than an air circulating fan by the 
manufacturer, then it shall be rated both ways, supported by both type 
of test reports. AMCA added that if a fan is a circulating panel fan, 
it should be required to be tested only as a circulating panel fan; if 
it is a panel fan, it should be required to be tested only as a panel 
fan; and if the fan can be used as either a circulating panel fan or a 
panel fan, it should be tested as both. (AMCA, No. 41 at pp. 30-31)
    ebm-papst commented that the NOPR does not provide sufficient 
clarification of the distinguishing mounting features. Therefore, ebm-
papst stated that an axial panel fan should be rated at least either as 
a ventilation fan or as a circulation fan. ebm-papst commented that 
rating of the same fan as per a second category should remain the 
choice of the fan suppliers, because they have to serve a diverse 
market with many unique fan selection criteria. (ebm-papst, No. 31 at 
p. 12)
    The Efficiency Advocates commented in support of DOE's proposal 
that fans meeting the definition of both axial panel fans and air 
circulating fans be tested as both. The Efficiency Advocates commented 
that some manufacturers offer the same fan model with different 
mounting configurations. For example, stated the Efficiency Advocates, 
housed air circulating fans may also be sold with brackets for mounting 
through a wall or ceiling for use as an exhaust fan. The Efficiency 
Advocates added that this would reduce the potential for a loophole 
wherein a less efficient fan could be sold with different mounting 
configurations as a means of being

[[Page 27365]]

subject to a less stringent standard. (Efficiency Advocates, No. 32 at 
pp. 2-3)
    DOE recognizes that manufacturers do not have control over how 
users ultimately decide to install their equipment. As a general 
matter, DOE's authority applies to products as manufactured and not at 
point of installation. (See generally 42 U.S.C. 6302.) DOE considers 
whether a fan is distributed in commerce with or without the presence 
or absence of brackets for mounting through a wall, ceiling, or other 
structure that separates the fan's inlet from its outlet. DOE requires 
that a fan that meets the definition of an axial panel fan and is 
distributed in commerce with components that enable it to be mounted 
through a wall, ceiling, or other structure that separates the fan's 
inlet from its outlet be tested in accordance with the test procedure 
for fans and blowers, excluding air circulating fans. DOE requires that 
a fan that meets the definition of an axial panel air circulating fan 
or box fan and is not distributed in commerce with components that 
enable it to be mounted through a wall, ceiling, or other structure 
that separates the fan's inlet from its outlet, be tested in accordance 
with the test procedure for air circulating fans. DOE requires that a 
fan that meets the definitions of both an axial panel fan and an air 
circulating fan (i.e., axial panel air circulating fans and box fans) 
and is distributed in commerce with and without components that enable 
it to be mounted through a wall, ceiling, or other structure that 
separates the fan's inlet from its outlet be tested according to both 
the test procedures for fans and blowers, excluding air circulating 
fans, and the test procedure for air circulating fans.
    In addition, AMCA commented that the current definitions used for 
certain air circulating fans, including axial panel fans, will lead to 
market confusion and the potential elimination of a significant number 
of products from the marketplace due to the product class assigned by 
DOE to the fan. AMCA provided an example of two essentially identical 
fans, except for the size of the fan. AMCA stated that per the current 
definitions, the first fan would be classified as an axial panel fan/
air circulating axial panel fan and will likely remain available to 
consumers. However, AMCA commented that per the current DOE 
definitions, the second fan is a belt-driven ceiling fan, which 
requires the fan to meet the design requirements, including the 
capability of reverse operation and energy conservation standard, for 
ceiling fans. AMCA added that as Fan 2 is commonly applied, reversing 
the fan provides no benefit and the addition of the capability to 
reverse would reduce the efficiency of the fan at an added first cost 
to the consumer. In addition, stated AMCA, the second fan (assuming a 
common method of test) uses less energy to move the same volume of air, 
hence has a higher efficiency than Fan 1. AMCA finds it difficult to 
believe that consumers, retailers, and customs officials will be able 
to differentiate between DOE's axial panel Fan 1 and ceiling Fan 2. 
(AMCA, No. 41, p.31)
    DOE notes that the requirement to include the capability of 
reversible action is not required for all ceiling fans s manufactured 
on or after January 1, 2007, and DOE included three exceptions for fans 
sold for industrial applications, fans sold for outdoor applications, 
and cases in which safety standards would be violated by the use of the 
reversible mode. 42 U.S.C. 6295(ff)(1)(A)(iii)) Further, as previously 
stated, the definition of ``fan and blower'' includes air circulating 
fans and excludes ceiling fans. Therefore, equipment that meets the 
definition of a ceiling fan would be excluded from the scope of 
equipment included under ``fan and blower.'' Any fan that is 
distributed in commerce with components that enable it to be suspended 
from a ceiling, and that meets the ceiling fan definition (see 10 CFR 
430.2) in terms of being a non-portable device and for circulating air 
via the rotation of fan blades, is a ceiling fan. 87 FR 50396, 50402 
(August 16, 2022). DOE will address any comments and concerns regarding 
the energy conservation standards for ceiling fans under a separate 
ceiling fan rulemaking.\92\
---------------------------------------------------------------------------

    \92\ See Docket No. EERE-2021-BT-STD-0011.
---------------------------------------------------------------------------

G. Metric

    This section discusses the metrics adopted for fans and blowers 
other than air circulating fans and for air circulating fans.
1. Metric for Fans and Blowers Other Than Air Circulating Fans
    AMCA 214-21 provides uniform methods to determine the FEP and FEI 
of a fan at a given duty point.\93\ As explained, FEP describes the 
electrical input power of a fan in kW. AMCA 214-21 defines FEI as the 
ratio of the electrical input power of a reference fan to the 
electrical input power of the actual fan for which the FEI is 
calculated, both established at the same duty point. As stated, FEI is 
a dimensionless index for evaluating a fan's performance against a 
reference fan. Section 5 of AMCA 214-21 provides the equations to 
calculate the reference fan electrical input power as a function of 
airflow and pressure.
---------------------------------------------------------------------------

    \93\ As previously described, a duty point is characterized by a 
given airflow and pressure and has a corresponding operating speed. 
The collection of all duty points associated with a given speed is 
referred to as a ``fan curve.'' AMCA 214-21 provides methods to 
establish the FEP and FEI at any point within the operating range of 
the fan.
---------------------------------------------------------------------------

    For fans other than circulating fans, the Working Group recommended 
using FEP as the primary fan metric and to allow using FEI for 
additional representation of energy use. The Working Group also 
recommended calculating FEI using the FEP of a fan that is exactly 
compliant with any future fan energy conservation standards. (Docket 
No. EERE-2013-BT-STD-0006, No. 179, Recommendation #6 at p. 5). The 
Working Group further recommended that the metric be evaluated at each 
operating point as specified by the manufacturer. (Docket No. EERE-
2013-BT-STD-0006, No. 179, Recommendations #18 and #27 at pp. 10-11, 
13-14). DOE explained that under this approach, for each basic model of 
fan, a manufacturer would have to determine the FEP of the fan at each 
operating point.
    In the July 2022 NOPR, DOE also noted another metric called ``Fan 
Efficiency Grade'' or FEG, which is a numerical rating that represents 
the ratio of air power produced by the fan divided by the fan shaft 
power and is defined as a function of fan impeller diameter. FEG 
ratings are defined in discrete ``bands'' (e.g., FEG 85, FEG 80, FEG 
75, etc.) and are established in accordance with AMCA 205-12, ``Energy 
Efficiency Classification for Fans.'' \94\ DOE noted that as defined in 
AMCA 205-12, the FEG rating is representative of only the maximum 
efficiency of the fan. As a result, depending on the actual operating 
conditions, a fan with a higher peak efficiency and FEG rating could 
consume more energy in a particular application than a fan with a lower 
peak efficiency and FEG rating. In addition, the FEG metric does not 
capture the performance of the motor, transmission, or motor 
controllers and does not differentiate among fans with motors, 
transmissions, and motor controllers with differing efficiency levels. 
DOE further noted that in its proposed regulation, the CEC is proposing 
to use

[[Page 27366]]

the FEI metric for fans and blowers.\95\ Since the publication of the 
term sheet and of AMCA 214-21, a number of incentive programs and model 
energy codes and standards used in State energy codes rely on the FEI 
metric.\96\ 87 FR 44194, 44237.
---------------------------------------------------------------------------

    \94\ See AMCA white paper available at: www.amca.org/assets/resources/public/userfiles/file/Nospreads_FanEfficGrades.pdf.
    \95\ See Proposed regulatory language for Commercial and 
Industrial Fans and Blowers available in the following Docket: 22-
AAER-01 at: efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01.
    \96\ ANSI/ASHRAE/IES 90.1-2019, Energy Standard for Buildings 
Except Low-Rise Residential Buildings; ANSI/ASHRAE/ICC/USGBC/IES 
189.1-2020, Standard for the Design of High-Performance; Green 
Buildings Except Low-Rise Residential Buildings; 2021 International 
Energy Conservation Code; 2021 International Green Construction 
Code; 2020 Florida Building Code: Energy Conservation; 2021 Oregon 
Energy Efficiency Specialty Code; 2022 California Building Energy 
Efficiency Standards (Title 24); incentive programs presently 
offered or under development by Seattle City Light, ComEd, and Xcel 
Energy See AMCA FEI Advocacy Brief available at: www.amca.org/assets/resources/public/assets/uploads/0621-FEI_Advocacy_Brief_V3-20210715.pdf.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE proposed to apply FEI as the efficiency 
metric for fans and blowers. DOE stated that FEI would provide for 
evaluation of the efficiency of a fan or blower across a range of 
operating conditions, would capture the performance of the motor, 
transmission, or motor controllers (if any), and would allow for the 
differentiation of fans with motors, transmissions, and motor 
controllers with differing efficiency levels. In addition, the use of 
FEI would align with the industry test standard (AMCA 214-21) and drive 
better fan selections. 87 FR 44194, 44237.
    In addition, DOE proposed that fan FEI would be evaluated in 
accordance with the DOE proposed test procedure at each of the fan's 
operating points within the range of air power and shaft input power 
proposed in scope (i.e., at each duty point, as specified by the 
manufacturer within the range of air power and shaft input power in 
scope, see Section III.B.1 of this document). This approach is 
consistent with the term sheet recommendations and would require the 
determination of the FEI at each duty point as specified by the 
manufacturer. With this approach, the test procedure would not 
prescribe particular operating conditions at which the FEI is to be 
evaluated in order to calculate the FEI metric; instead, the FEI is 
determined at each duty point. Further, if DOE were to establish any 
potential energy conservation standards, compliance with that standard 
would be required at each duty point specified by the manufacturer 
within the range of air power and shaft input power proposed in scope 
(i.e., operating range or ``bubble''), and for which the manufacturer 
publishes performance data. Manufacturers would not be allowed to 
publish performance data at non-compliant operating points. 87 FR 
44194, 44237.
    DOE further explained that in order to allow manufacturers to 
continue to publish performance data at any duty point, DOE also 
considered an alternative metric approach where the metric would be 
evaluated at set duty point(s) specified in the test procedure instead 
of having the FEI metric evaluated at each duty point as proposed. As a 
potential consideration, DOE provided an example of three duty points 
identified relative to the fan's BEP \97\ at maximum speed and provided 
an example of a weighted average FEI metric (``WFEI'') established as 
the average FEI across all three duty points (i.e., duty points of 100, 
75, and 50 percent flow relative to BEP) and using a reference system 
curve in the case of multi- and variable-speed fans. DOE did not 
propose use of the WFEI metric in the July 2022 NOPR but requested 
comment on this alternative approach. 87 FR 44194, 44237-44238.
---------------------------------------------------------------------------

    \97\ The BEP represents the flow and pressure values at which 
the fan total efficiency (ratio of total air power to fan shaft 
input power) is maximized when operating a given speed. Prior to the 
use of FEI, energy codes required selecting a fan with an efficiency 
within 10-15 percentage points of the BEP efficiency. See 
International Green Construction Code (2012); ANSI/ASHRAE/IES 90.1, 
Energy Standard for Buildings Except Low-Rise Residential Buildings 
(2013); ANSI/ASHRAE/USGBC/IES 189.1, Standard for the Design of 
High-Performance Green Buildings Except Low-Rise Residential 
Buildings (2014); International Energy Conservation Code (2015).
---------------------------------------------------------------------------

    In response to the July 2022 NOPR, the CA IOUs commented in support 
of the proposed publication of the FEI and FEP at each duty point. (CA 
IOUs, No. 37 at p. 1)
    ebm-papst stated support for the use of FEI for fans in the scope 
of this NOPR, other than air circulating fans. (ebm-papst, No. 31 at p. 
12)
    Greenheck commented that DOE should follow the recommendations of 
the term sheet, specifically in terms of the metric. (Greenheck, No. 39 
at p. 2) Greenheck further recommended DOE utilize FEI as its 
efficiency metric as defined in AMCA 214-21 and required by ASHRAE 90. 
(Greenheck, No. 39 at p. 3)
    Morrison commented that FEI is an appropriate metric to use in this 
proposed regulation for fans (that are not circulating fans). Morrison 
noted that ASHRAE and ICC energy codes, and States such as California, 
Oregon, and Florida, have adopted FEI in their State energy codes. The 
CEC is using FEI in its Title 20 regulation and that FEI is consistent 
with the term sheet. (Morrison, No. 42 at p. 7)
    AMCA commented that FEI at maximum fan speed is the regulated 
metric for fans and blowers. AMCA commented that fan manufacturers and 
many other stakeholders have invested in determining and publishing FEI 
in lieu of FEG, FMEG,\98\ and other efficiency metrics. (AMCA, No. 41 
at p. 16) Further, AMCA commented that FEI is the most appropriate 
metric to use for a regulation for fans that are not air circulating 
fans. AMCA commented that FEI has been the metric used in ASHRAE and 
ICC energy codes since 2019, and States such as California, Oregon, and 
Florida have FEI in their State energy codes. AMCA further stated that 
the CEC is using FEI in its Title 20 regulation, which underwent 
extensive internal and public review--Title 20 is slated to take effect 
on Nov. 1, 2023.\99\ AMCA further noted that the 2015 ASRAC term sheet 
has FEP as the regulatory metric and allowed for FEI to be used for 
marketing and other purposes. AMCA commented that since ASRAC, while 
code-change processes for ASHRAE 90.1, IECC, Title 20, and Title 24 
were under way, industry and regulators agreed that FEI was a superior 
metric for regulating fans; hence these code/regulatory bodies settled 
on FEI and the AMCA 214 standard was developed around FEI as the 
regulatory metric. AMCA commented that the AMCA Certified Ratings 
Program evolved to certify manufacturer selection software ratings for 
FEI.\100\ Also, stated AMCA, electric utility incentive programs have 
been developed around FEI for fans and blowers other than air 
circulating fans. AMCA also noted that for large-diameter ceiling fans, 
a derivative of FEI, Ceiling Fan Energy Index (CFEI), was developed to 
replace the average CFM/W metric DOE had previously used to regulate 
these products. (AMCA, No. 41 at pp. 31-32)
---------------------------------------------------------------------------

    \98\ DOE notes that FMEG refers to the Fan Motor Efficiency 
Grade metric used in Europe and determined in accordance with ISO 
12759:2010, ``Fans--Efficiency classification for fans.''
    \99\ DOE notes that the CEC has since finalized its rulemaking. 
See www.energy.ca.gov/rules-and-regulations/appliance-efficiency-regulations-title-20/appliance-efficiency-proceedings-11.
    \100\ AMCA noted that a complete list of manufacturers with 
AMCA-certified ratings, is available at www.amca.org/find-FEI.
---------------------------------------------------------------------------

    NEEA recommended that DOE establish the design point metric FEI as 
the regulatory metric for fans and blowers other than air circulating 
fans as it is an easy-to-understand rating (the higher the FEI value 
is, the better that fan is for a customer's specific application), 
accounts for one of the

[[Page 27367]]

major drivers of fan energy use (fan sizing and specification) and will 
result in significant energy savings and better-sized fans for the end 
user. NEEA added that although FEI is a new metric, the fan market is 
ready and willing to adopt this metric for regulation as demonstrated 
by the development of an industry standard for FEI (AMCA 214-21), by 
manufacturers beginning to rate their fans using FEI, and by energy 
codes and utility incentive programs establishing requirements based on 
FEI. (NEEA, No. 36 at p. 2)
    New York Blower stated support for AMCA's recommendations regarding 
the FEI metric. (New York Blower, No. 33 at p. 20) New York Blower 
added that FEI, as proposed in AMCA 214-21 provides a variety of 
utility, accurately represents efficiency, and provides energy 
consumption comparison between fans operating at the same duty point 
and that New York Blower is not aware of a better metric that 
represents energy consumption or the opportunity for energy savings. 
(Id. at p. 18)
    In this final rule, DOE is applying FEI as the efficiency metric 
for fans and blowers other than air circulating fans. In addition, 
consistent with the term sheet recommendations, DOE is requiring that 
the FEI be evaluated in accordance with the DOE test procedure at each 
of the fan's operating points within the range of air power and shaft 
input power with thein scope (i.e., at each duty point, as specified by 
the manufacturer within the range of air power and shaft input power in 
scope; see Section III.B.1 of this document). This approach requires 
the determination of the FEI at each duty point as specified by the 
manufacturer.
    In response to the July 2022 NOPR, several stakeholders commented 
on the consideration of a WFEI metric for fans and blowers other than 
air circulating fans. The CA IOUs commented that while they support the 
proposed FEI metric, they equally support the concept of an alternate 
WFEI metric. However, the CA IOUs recommended revising the recommended 
alternative test points for fans without motor controllers because two 
of the points would fall in the unstable or stall operating region of 
the fan curve and provided illustrative examples (i.e., the 75 percent 
and 50 percent of BEP airflow). Instead, the CA IOUS suggested a WFEI 
calculation using operating points based on pressure (e.g., 80 and 60 
percent of the BEP pressure). In addition, the CA IOUs suggested 
refining the definition of ``maximum speed.'' The CA IOUs commented 
that maximum speed is ambiguous and could refer to: (1) the maximum 
structural speed; (2) the maximum speed for which the manufacturer 
provides ratings; (3) the maximum speed the motor can sustain; (4) the 
maximum speed at which the motor controller allows the fan to operate; 
or (5) the maximum speed at which the fan can operate with a particular 
belt-drive transmission. The CA IOUs noted that interpreting maximum 
speed according to the last definition could provide an opportunity to 
evade any future standard as a manufacturer could certify performance 
at the speed resulting from operation with the fixed pulleys, which may 
incentivize some manufacturers to use a pulley set that results in a 
low speed or an adjustable pulley set to the lowest speed. The CA IOUs 
recommended the following framework to create a definition of maximum 
speed: (1) for bare shaft fans, the maximum speed shall be the maximum 
permitted speed of the fan as published by the manufacturer; (2) for 
fans sold with single-speed motors and direct-drive or flexible 
coupling transmissions, the certified speed shall be the speed achieved 
at each test point; \101\ (3) for fans sold with single-speed motors 
and belt-drive transmissions, the fan shall be tested with a 
configuration that provides a speed the lesser of (a) the maximum speed 
that can be sustained by the motor or (b) the maximum structural speed 
published by the manufacturer; (4) for fans sold with a motor, speed 
controller, and direct-drive or flexible coupling transmissions, the 
tested point shall be the lesser of: (a) the maximum permitted speed of 
the fan as published by the manufacturer, (b) the maximum speed that 
can be sustained by the motor along the best efficiency curve, or (c) 
the maximum speed allowed by the controller and cannot be increased by 
a consumer; (5) for fans sold with a motor, speed controller, and belt-
drive transmissions, the tested point shall be the lesser of: (a) the 
maximum permitted speed of the fan as published by the manufacturer, or 
(b) the maximum speed that can be sustained by the motor at its rated 
output along the best efficiency curve, using a transmission 
configuration that allows the motor to operate at its rated output. (CA 
IOUs, No. 37 at pp. 3-7)
---------------------------------------------------------------------------

    \101\ The CA IOUs noted that for many single-speed induction 
motor fans, the speed will change along the flow-pressure curve.
---------------------------------------------------------------------------

    ebm-papst commented that WFEI has no benefit over any of the other, 
much more deeply evaluated, fan efficiency metrics. In addition, ebm-
papst stated opposition to the establishment of a reference system 
curve. ebm-papst commented that the fans it manufactures serve vastly 
different applications and this prevents usage of one or a few 
reference system curves for developing valid kWh predictions. (ebm-
papst, No. 31 at p. 12)
    Greenheck commented that the alternative WFEI metric would allow 
fan selections that use additional energy compared to a more energy-
efficient fan for a given duty point and provided an illustrative 
example. (Greenheck, No. 39 at p. 4)
    The CEC commented that a WFEI could result in an invalid 
representation of the efficiency range of the fan because it may reside 
in an area of operation where the fan stalls and is therefore not 
tested by manufacturers nor operated once installed. The CEC commented 
that when comparing the WFEI of two fans and assuming all three points 
to be used for the analysis reside in an area of operation where the 
fan will not stall, the WFEI generated will be heavily dependent on 
non-efficient operating conditions. Instead, the CEC recommended 
maintaining the FEI metric. (CEC, No. 30 at pp. 4-6)
    NEEA commented against the use of WFEI as the regulatory metric as 
it does not align with the term sheet recommendation and would be an 
abrupt change to the current momentum behind FEI in the fan industry 
and energy codes. NEEA further noted some issues with the duty points 
considered for calculating the WFEI, which may be in the stall or surge 
region of the fan. NEEA also noted a lack of market information on the 
expected WFEI rating. NEEA further commented on the similarities 
between PEI (Pump Energy Index) and the WFEI metric and commented that 
while pump performance curves, which are used to calculate PEI, are 
readily available and did not represent an increase in burden for the 
industry to provide, fan manufacturers do not commonly publish 
performance data in this way, so there would be increased burden to 
produce these data, in addition to the testing required for 
certification. (NEEA, No. 36 at pp. 4-6)
    Morrison commented that a WFEI metric would change the intent of 
the discussions and spirit of the ASRAC agreement and noted the 
following issues with such a metric: (1) WFEI is another version of 
FEG, which the Working Group rejected as a less than ideal metric for 
fans; (2) WFEI in most circumstances cannot be calculated using the 
points specified in the NOPR because some duty points may fall in the 
stall or surge region; (3) the WFEI for fixed-speed fans and variable-
speed fans would have vastly differing values for the same fan and 
nothing related to their

[[Page 27368]]

effect on energy use. Morrison further added that a FEG-style rating 
was considered by all involved in the ASRAC as inferior to the FEI 
rating method. Morrison added that the WFEI is an adjusted FEG and not 
at all like the FEI/FEP metrics proposed and agreed to in the term 
sheet. (Morrison, No. 42 at pp. 7-8)
    Robinson commented on the unlikelihood that using a weighted 
average measure will result in the intended energy conservation sought 
by the proposed rule. Robinson added that the heavy industrial fan 
selection process includes several realities that may not be part of 
selection of a commercial fan. Robinson stated that heavy industrial 
process fans often operate on several data points and often require 
their own permitting process prior to installation. Robinson commented 
that heavy industrial process fans are subject to unique challenges in 
operation: they may have acid in the air stream; they may have rock 
product in the air stream; they may be subjected to high heat, etc. 
Robinson commented that the unique challenges of the operation of the 
HIP fan often drive fan selection more than the efficiency of the fan. 
Robinson commented that the understood, desired end result of 
implementing a weighted average measure is to force consumers to 
purchase more efficient fans. However, Robinson concluded, because of 
the factors described above (and others) it's unlikely that heavy 
industrial process operators will choose a specific fan type because of 
its efficiency rating alone. (Robinson, No. 43 at p. 4)
    AHRI commented that DOE's consideration of an alternative metric, 
WFEI to replace Fan Energy Index (FEI)--the metric derived by industry 
test procedure AMCA 214-21--could constitute a proposal that is 
contradictory to the National Technology Transfer and Advancement Act 
of 1995 (NTTA), Public Law 104-113, and the Office of Management and 
Budget (OMB) Circular A-119, Federal Participation in the Development 
and Use of Voluntary Consensus Standards and in Conformity Assessment 
Activities. AHRI commented that both documents direct Federal agencies 
to adopt voluntary consensus standards unless they are inconsistent 
with applicable law or otherwise impracticable, as noted by DOE. (86 FR 
70892, 70910, at fn 15 (Dec. 13, 2021)) AHRI commented that WFEI is a 
separate metric with a distinct calculation procedure that has not been 
evaluated by either fan manufacturers or their customers. (AHRI, No. 40 
at p. 4) AHRI added that DOE has not presented supporting documentation 
that WFEI achieves the differentiation sought. (AHRI, No. 40 at p. 4) 
AHRI expressed its concern that the introduction of a WFEI metric did 
not undergo public comment in the October 2021 RFI. AHRI added that due 
to the lengthy history and complexity of commercial and industrial fans 
and the introduction of WFEI, stakeholders should be given additional 
time to review and ask DOE questions in order to provide meaningful 
comments that will assist DOE in this rulemaking process. (AHRI, No. 40 
at p. 5) AHRI further commented that the proposed WFEI metric does not 
align with the term sheet and is not an appropriate metric. (Id. at p. 
6)
    AMCA commented that the WFEI was a deviation from the ASRAC term 
sheet which required the industry and advocates to expend time and 
resources to research and analyze a whole new metric (AMCA, No. 41 at 
p.2) AMCA added that there were numerous problems with using a WFEI 
metric. First, AMCA noted that the duty points considered in the NOPR 
to evaluate the WFEI would fall in regions where many fans would 
operate in stall or surge. Therefore, AMCA commented that if a weighted 
average value of BEP flow were used, different duty points would need 
to be chosen and noted that an optimal selection point for a backward-
inclined fan typically is at 95 percent of peak pressure. In addition, 
AMCA commented that the considered WFEI metric would encourage fan 
designers to target higher efficiency at lower airflow, which would not 
result in energy savings. AMCA commented that fans are more often 
selected for operation at airflows greater than the BEP airflow and fan 
designers should be encouraged to improve efficiency at these greater 
airflows where fans are often applied. AMCA also included an example in 
Table 5 to illustrate how WFEI values for different sizes of the same 
fan model will remain approximately the same, which would drive fan 
selections toward the smaller, less-efficient sizes, which are less 
expensive. AMCA further identified additional issues with the potential 
consideration of a WFEI metric for fixed-speed fans and variable-speed 
fans related to the risk of having the duty points located in the 
stall/surge regions, as well as system effects and the noted that air-
system curves are not necessarily quadratic parabolas through the 
origin due to filters, coils, and other devices which tend to introduce 
a linear component to the system resistance curve. Further, AMCA 
commented that it does not believe a WFEI would result in any net 
energy savings based on rating calculation. AMCA noted that the WFEI 
metric would assume the fan with a VFD will be selected because it has 
a higher rating than a fan without a VFD. However, AMCA commented, that 
would not guarantee the fan will be operated at varying speeds and if 
the fan is run at constant speed, the fan with the VFD will consume 
more energy because of additional drive losses in the VFD. Therefore, 
AMCA commented that the WFEI approach does not accurately reflect the 
presumed energy savings in application. In addition, AMCA commented 
that using a WFEI metric would change FEI from a duty-point metric to a 
product-based metric similar to FEG. AMCA noted the significant history 
revolving around the shortcomings of the FEG metric and how fans of 
similar FEG ratings can consume vastly different amounts of energy at 
specific duty points while a FEI metric would accommodate and identify 
these differences in energy consumption. (AMCA, No. 41 at pp. 32-34)
    JCI stated that it shares AMCA's comments regarding the use of a 
new metric, weighted average (WFEI), versus the established FEP/FEI 
metrics which is also not in alignment with the 2015 term sheet. (JCI, 
No. 34 at p. 2)
    New York Blower commented that the challenges of applying a 
product-based efficiency metric for fans (such as WFEI) because fans 
adapt to the system in which it is installed and the same fan can 
operate at high efficiency in one system and perform poorly in a 
different system. New York Blower commented that the FEI metric was 
developed to drive fan selections to peak efficiency and yield the 
greatest energy savings. (New York Blower, No. 33 at p. 2) New York 
Blower commented that the calculation of the WFEI would select duty 
points in the stall region for many fans. New York Blower added that 
they examined different ways to select duty points that could be 
combined into a WFEI metric and were unable to find an algorithm that 
could be employed across all fan categories without forcing selection 
of unacceptable duty points. Instead, New York Blower suggests that the 
BEP at maximum operating speed should be chosen as a single value to 
compute the WFEI. In addition, New York Blower commented that fans with 
variable speed drives would have an artificially high WFEI rating even 
if that fan is never operated away from a single speed and would allow 
less efficient fans marketed with a controller to remain in the market. 
New York Blower added that in the industrial market, a majority of 
applications are not operated

[[Page 27369]]

at or applied in a variable speed solution. Instead, there have seen an 
increase in cyclic activity in fans over the recent years (i.e., the 
fans are being turned off when not operated). (New York Blower, No. 33 
at p. 3) If DOE's intent is to promote variable speed drive 
installation, New York Blower commented that then either a direct 
credit to the required FEI performance requirement, or an installation 
credit at the time of calculations to overcome the insertion loss of 
the variable speed drive is appropriate. (New York Blower, No. 33 at p. 
19) Finally, New York Blower commented that a product-based metric 
will, ultimately, result in product elimination from the market if 
efficiency requirements are raised high enough. Because of the vast 
performance range of a fan, New York Blower stated that it is unlikely 
the energy savings would be realized in proportion to the products 
eliminated from the market. Instead, New York Blower commented 
customers would lose utility from the loss of product availability. New 
York Blower commented on the complexity of implementing an application-
based metric (such as FEI), acknowledging that a product-based metric 
(such as WFEI) is clearly an easier path to declaring an industry 
regulated. However, New York Blower recommended that DOE consider the 
value of saving energy be balanced with the urgency to complete a 
regulatory effort. (New York Blower, No. 33 at p. 4)
    In the July 2022 NOPR, DOE did not propose to adopt the WFEI as the 
metric for fans and blowers other than air circulating fans. The WFEI 
metric was considered in the July 2022 NOPR in order to provide a 
potential alternative metric that would allow manufacturers to publish 
ratings at operating points with a potentially non-compliant FEI, 
should DOE establish energy conversation standards for fans and blowers 
other than air circulating fans. 87 FR 44194, 44237-44238. As noted by 
the CA IOUs, the CEC, Morrison, New York Blower and AMCA, the 
determination of such metric is challenging as some the operating 
points used in the calculation of the WFEI could fall in the stalling 
operating region of the fan. In addition, as highlighted by NEEA, 
Morrison, and AHRI such metric would not align with the term sheet 
recommendations. Further as stated by Greenheck, AMCA, New York Blower 
and Robinson, a fan with a higher WFEI may not necessarily result in 
less energy use. As noted previously, DOE establishes the FEI as the 
metric for fans and blowers other than air circulating fans, consistent 
with the term sheet recommendations and industry practice. Therefore, 
DOE is not adopting a definition of maximum speed and is not adopting 
to specify operating points for the calculation of the WFEI.
    In response to the July 2022 NOPR, and regarding the ability to 
publish performance data for non-compliant duty points, the Efficiency 
Advocates commented that they continue to support the development of a 
fan efficiency metric and regulatory framework that drives better fan 
selections, but they encourage DOE to consider how this goal can be 
achieved while accommodating the potential need for manufacturers to 
show certain non-compliant operating points. The Efficiency Advocates 
commented that the original framework for improving fan selection was 
to limit the range of operating points, as shown in manufacturer 
literature and selection software, only to compliant operating points. 
They added that manufacturers have raised concerns regarding the need 
to show certain non-compliant operating points for safety reasons. 
Therefore, they encourage DOE to explore options for a regulatory 
framework for fans that would drive better fan selections, while 
accommodating the potential need for additional published information. 
For example, DOE could consider the feasibility of limiting fan 
selections returned in manufacturer selection software to those that 
are compliant at the specified operating point while allowing 
manufacturers to show certain non-compliant operating points (e.g., in 
the high pressure, low airflow operating range) for those compliant fan 
selections. (Efficiency Advocates, No. 32 at p. 1)
    Greenheck commented that it remained neutral on the topic of 
showing noncompliant points on the fan curve after a compliant fan is 
selected from a list of potential fan options. Greenheck added that 
this concept was not part of the proposed rulemaking and was suggested 
as an alternative to the flawed WFEI metric. Greenheck commented that 
the display of noncompliant points for safety or retrofit applications 
is an issue for the Energy Regulators, Advocates and built-up equipment 
manufacturers to discuss and determine the impact upon the industry and 
the potential value or burden of not showing those values. (Greenheck, 
No. 39 at p. 5)
    NEEA recommended that DOE works together with stakeholders to 
determine the compliance, certification and enforcement approach for 
FEI. NEEA stated that NEEA and industry partners are in active 
collaboration to address DOE's concerns about compliance, certification 
and enforcement and expect to present additional comments with specific 
proposals after the comment period has closed. (NEEA, No. 36 at p. 3) 
NEEA commented in support of allowing manufacturers to publish non-
compliant fan information stating that manufacturers need to be able to 
publish information on non-compliant installations of a fan to inform 
sizing. If this information is published, NEEA recommended that DOE 
provide direction on how manufacturers should make it clear that non-
compliant fans should not be selected--such as different or grayed-out 
coloring for visual representations of fan performance. NEEA added that 
DOE could also require that manufacturer's selection software provide 
clear warnings and not allow the purchase of fans with FEI less than 
1.0. (NEEA, No. 36 at p. 4) NEEA further commented that the process for 
compliance will be different for FEI compared to other regulated 
metrics. NEEA suggested two options: (1) Software compliance: 
Manufacturers could certify compliance of their selection software--the 
system a user interacts with when selecting a fan for purchase (NEEA 
noted that this recommendation aligned with Recommendation #26 of the 
term sheet); and (2) Compliant mapping: For each model, NEEA commented 
that DOE could require manufacturers to submit the operating conditions 
that resulted in a compliant FEI. These operating conditions could be 
organized in a ``compliant window'' or mapping similar to a fan 
operating curve; DOE could confirm that this window was correct when 
they review the CCMS submission. (NEEA, No. 36 at pp. 3-4)
    In this final rule, DOE is not establishing energy conservation 
standards for fans and blowers and therefore this final rule would not 
result in any complaint window or non-complaint operating points as 
noted in Greenheck and NEEA's comments. DOE will consider issues 
related to representations and compliance to any potential energy 
conservation standard in a separate energy conservation standards 
rulemaking.\102\
---------------------------------------------------------------------------

    \102\ See rulemaking docket: EERE-2022-BT-STD-0002.
---------------------------------------------------------------------------

2. Metric for Air Circulating Fans
    In the July 2022 NOPR, DOE proposed to incorporate by reference 
AMCA 214-21 for air circulating fans, which relies on the FEP and FEI 
metrics (``wire-to-air metrics'') for air circulating fans. DOE also 
presented comments from AHRI,

[[Page 27370]]

AMCA, ASAP, ACEEE, NRDC, and the CA IOUs in support of a FEI metric for 
air circulating fans.\103\ Specifically, ASAP, ACEEE, NRDC cited 
advantages for FEI such as representativeness of energy use, 
straightforward interpretation by consumers, ability to account for 
efficiency differences between fans of the same diameter that deliver 
the same airflow, consistency with other fan metrics \104\ while the CA 
IOUS mentioned the ability to account for air 
velocity.105 106 87 FR 44194, 44236-44237.
---------------------------------------------------------------------------

    \103\ (AHRI, No. 10 at p. 2; AMCA, No. 6 at p. 9; ASAP, ACEEE, 
NRDC, No. 7 at p. 2; CA IOUs, No. 9 at p. 2).
    \104\ (ASAP, ACEEE, NRDC, No. 7 at p. 2).
    \105\ (CA IOUs, No. 9 at p. 2).
    \106\ See also (AHRI, No. 10 at p. 2; AMCA, No. 6 at p. 9).
---------------------------------------------------------------------------

    In addition, to account for variations in fan speeds, DOE proposed 
the following, depending on the air circulating fan's speed capability: 
for single speed fans, DOE proposed that the FEI be evaluated at the 
single available speed and corresponding duty point. For multi-speed 
fans and variable speed fans, in the absence of data to characterize 
typical operating speeds, DOE proposed to calculate the FEI based on 
the weighted average FEI at each of the tested fan speeds, and that 
each speed be apportioned an equal weight. (e.g., if the FEI is 
calculated at five speeds, each speed is given 20 percent in the 
calculation of the weighted average FEI). DOE tentatively determined 
that while DOE has not found data to characterize the field operating 
speeds of air circulating fans, a more representative FEI can be 
calculated by using a weighted average across multiple speeds and 
weighting all those speeds equally (when compared to calculating the 
efficiency at only high speed). DOE noted that it would still allow 
manufacturers to make representations of performance using CFM/W. 87 FR 
44194, 44238.
    DOE also stated that AMCA 230-15 provides methods to determine FEP 
of air circulating fans as well as efficacy (i.e., amount of flow per 
unit of electrical input power produced in CFM/W) and overall 
efficiency (i.e., amount of thrust per unit of electrical input power 
produced in lbf/W). Id. at 87 FR 44237. In the July 2022 NOPR, DOE 
indicated that it was aware that the AMCA 230 committee may consider 
specifying which metric to use in the updated version of AMCA 230 when 
evaluating the energy performance of air circulating fans. While the 
NOPR proposed to rely on FEI, DOE stated it was considering alternative 
metrics such as CFM/W, including weighted average CFM/W for multi- and 
variable-speed fans, as well as alternative weights for multi- and 
variable-speed fans. In addition, DOE discussed potentially using the 
abbreviation ``ACFEI'' (air circulating fan FEI) to distinguish this 
metric from the FEI specific to fans and blowers other than air 
circulating fans. 87 FR 44194, 44238-44239.
    Since the publication of the July 2022 NOPR, AMCA 230-23 was 
published and section 7.2.4.1 includes revised provisions regarding 
test speeds to require testing at maximum speed only, with additional 
optional tests at lower speeds.
    As discussed in section III.E.20 of this document, for the July 
2022 NOPR, DOE collected air circulating fan performance data from the 
BESS certification database and performed regression analysis to 
determine the appropriate flow, pressure, and efficiency target 
constants for air circulating fans needed to calculate the FEI metric. 
DOE proposed to rely on the following constants: Q0 = 3,210 
CFM (rounded to the nearest 10); P0 = 0 in. wg; and an 
efficiency target of 0.38 (38 percent). 87 FR 44194, 44230.
    In response to the July 2022 NOPR, the Efficiency Advocates 
commented in support of using FEI as the metric for air circulating 
fans because it is both representative of energy usage and 
straightforward for purchasers to interpret (for example, a FEI of 1.1 
represents about a 10 percent reduction in energy usage in comparison 
to an FEI of 1). Importantly, the Efficiency Advocates commented that 
the FEI accounts for inherent efficiency differences between fans of 
the same diameter that deliver different airflows. The Efficiency 
Advocates added that using FEI for air circulating fans would provide 
consistency with the other non-air circulating fans fan categories 
included within the scope of the proposed test procedure. In addition, 
the Efficiency Advocates commented in support of testing variable- and 
multi-speed air circulating fans at multiple, discrete speeds. They 
agree with DOE that testing and rating multi-speed fans at a range of 
speeds will better inform purchasers about fan efficiency across a 
range of operating speeds. They are also concerned that testing multi-
speed air circulating fans only at high speed could result in lower 
ratings relative to single speed fans due to additional control losses. 
In other words, while a multi-speed fan may save energy in real-world 
applications, a rating only at high speed could make it appear less 
efficient than a comparable single speed fan. Thus, the Efficiency 
Advocates support DOE's proposal to test variable-/multi-speed fans at 
multiple speeds. (Efficiency Advocates, No. 32 at p. 2)
    ebm-papst commented that FEI provides no benefit with ACFs. 
Instead, ebm-papst supports making CFM/W the regulated metric because 
this metric has served users of ACFs well. (ebm-papst, No. 31 at pp. 
11, 13)
    The CA IOUs commented that BESS Laboratories, an important 
certifying body for the agricultural fan market, uses a CFM/W metric. 
The CA IOUs commented that DOE used data from BESS Laboratories to 
inform its NOPR and similarly, many state utility programs use the BESS 
Laboratories data to provide rebates incentivizing farmers to use 
energy-efficient circulating fans. Although a FEI-based metric for 
circulating fans is likely superior, it would disrupt the market if 
CFM/W were not allowed to be used 180 days after the final publication 
of this rule. The CA IOUs recommended that DOE allow the publication of 
CFM/W and remove it in a future rulemaking (CA IOUs, No. 37 at p. 10) 
In addition, the CA IOUs commented that DOE should gather additional 
air circulating fan performance data to develop a new FEI-based metric. 
The CA IOUs noted that BESS certification database only represents a 
portion of the air circulating fan market. Specifically, the CA IOUs 
noted that the air circulating fans tested by BESS Laboratories are 
among the most efficient in the market and that manufacturers typically 
will only send their best-performing fans to qualify for utility 
rebates. The CA IOUs commented that the basis for the new equation 
should include sampling from the vastly larger air circulating fan 
market, including commodity fans sold in the retail market. For this 
reason, the CA IOUs recommended that DOE continue gathering information 
on the larger market and base the new metric on that data. (CA IOUs, 
No. 37 at p. 11)
    AHRI commented that DOE did not provide data to characterize the 
field operating speeds of air circulating fans. However, DOE proposed 
that a more representative FEI can be calculated by using a weighted 
average across multiple speeds and weighting all those speeds equally 
(when compared to calculating the efficiency at only high speed) 
without offering substantiation of this conclusion. Further, AHRI 
commented that DOE also stated that CFM/W can continue to be used to 
represent performance of air circulating fan heads; however, this is 
absent in the proposed regulatory text. (AHRI, No. 40 at p. 4)
    AMCA recommended efficacy (in CFM/W) as the regulated efficiency

[[Page 27371]]

metric for air circulating fans because air circulating fans are rated 
at only one volumetric flow rate (speed) at zero fan static pressure. 
AMCA commented that FEI does not add any advantages over simpler 
metrics for air circulating fans. (AMCA, No. 41 at p. 28) However, AMCA 
commented that users have for years selected and compared air 
circulating fans based on CFM/W ratings. AMCA commented that a change 
of the metric would cause confusion among many stakeholders. In 
addition, AMCA commented that requiring testing at multiple speeds 
would negate nearly all historical test data, provide an efficiency 
metric that confuses consumers, and create an inequitable market that 
rewards inefficient multiple speed fans that lack consumer utility. 
(AMCA, No. 41 at pp. 16-17) AMCA added that all considered air 
circulating-fan metrics (efficacy, thrust efficiency, and single-speed 
ACFEI) are based on measured fan thrust and fan air density and that 
legacy data of fully documented tests permit accommodation of future 
fan ratings as efficacy, thrust efficiency, or single-speed ACFEI these 
metrics can be calculated from raw test data. AMCA added that there 
would be little or no impact to the testing cost itself (only 
recalculation of ratings using the same test data are needed). However, 
any metric using blended or weighted ratings would invalidate all 
existing ACF ratings. Most air circulating fans would require new 
laboratory testing. (AMCA, No. 41 at p. 35) AMCA added that fan 
manufacturers must accommodate several distinct types of users, 
including agricultural markets, which generally do not seem to be well-
considered in the fan rulemaking. For air circulating fans, the use of 
the FEI metric may be an issue for agricultural circulating fans 
(livestock cooling) because BESS labs has been using CFM/W for its 
certified ratings. These ratings also are used in agricultural 
electricity-savings incentive programs. However, AMCA commented that a 
switch to another metric would not be too difficult if historical test 
results could still be used for calculating new ratings. (AMCA, No. 41 
at p. 36) Finally, AMCA commented that the upcoming AMCA 230 will not 
have an ACFEI metric in the standard. AMCA commented that if DOE 
ultimately adopts the ACFEI metric, then AMCA recommends using the 
following constants derived from analyses performed by the AMCA 230 
committee: Q0 = 0.2454 cubic meters per second (1,500 CFM); 
P0 = 0.6719 Pa (0.0027 in. wg); and Fan Efficiency target of 
38 percent. However, AMCA noted that there was insufficient analytical 
support for this metric at this time and that the current draft of AMCA 
230 does not include ACFEI as a ratings metric. Id.
    As noted by ebm-papst, the CA IOUs, and AMCA, the fan efficacy in 
CFM/W is the industry established metric and DOE has concerns over the 
readiness of an ACFEI metric. In addition, as stated by AMCA, there is 
insufficient analytical support and DOE acknowledges the uncertainty 
regarding the values of Q0 and P0 that should be 
used. Therefore, DOE concludes that, at this time, the advantages of 
the FEI or ACFEI metric identified in the July 2022 NOPR and discussed 
previously (i.e., representativeness of energy use, straightforward 
interpretation by consumers, ability to account for efficiency 
differences between fans of the same diameter that deliver the same 
airflow, consistency with other fan metrics and ability to account for 
air velocity) are not significant enough to justify deviating from the 
established industry efficacy metric (CFM/W) given that the FEI or 
ACFEI metric have not yet been adopted by industry. In addition, the 
latest industry test procedure (AMCA 230-23) relies on an efficacy 
metric and does not rely on the FEI metric. Therefore, at this time, 
DOE is establishing an efficacy metric in CFM/W for air circulating 
fans.
    In addition, given the uncertainty and lack of data regarding 
operation at speeds less than the maximum speed, as discussed in 
section III.E.14 of this document, DOE evaluates the efficacy metric at 
the highest speed (or ``maximum speed'') only for all air circulating 
fans regardless of their speed configuration.

H. Control Credit Approach for Fans and Blowers Other Than Air 
Circulating Fans

    For fans and blowers other than air circulating fans, the Working 
Group recommended that the FEP of a fan with dynamic continuous control 
be calculated with an additional credit to offset the losses inherent 
to the control. (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #16 at p. 9)
    As stated in the July 2022 NOPR, DOE analyzed the control credit in 
the European Commission Regulation No. EU 327/2011 and observed that 
the value of the credit is equivalent to about 5 to 10 percent of the 
fan electrical input power for a fan with controls with an electrical 
input power less than 5 kW, but that it decreases to 4 percent for fans 
at or above 5 kW. Since the term sheet publication, AMCA established 
the FEI calculation method in AMCA 214-21. DOE also reviewed the 
calculation of FEP for fans with variable speed controls in AMCA 214-
21, which does not provide for any control credit (i.e., motor 
controller credit). (See section 6.4.2 of AMCA 214-21.) In its proposed 
rulemaking for commercial and industrial fans and blowers, the CEC did 
not propose a credit when establishing the FEI of fans with controllers 
and did not specify a different minimum FEI level when proposing energy 
conservation standards for fans with a controller.\107\ Instead, the 
CEC highlighted that fans with a controller will have a larger FEI-
compliant performance capability compared to fans that are single 
speed.\108\ 87 FR 44194, 44240.
---------------------------------------------------------------------------

    \107\ See Proposed regulatory language for Commercial and 
Industrial Fans and Blowers available in the following Docket: 22-
AAER-01 at: efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01.
    \108\ See Staff Report, pp. 36-37 for Commercial and Industrial 
Fans and Blowers available in the following Docket: 22-AAER-01 at: 
efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-AAER-01.
---------------------------------------------------------------------------

    Consistent with industry practice, DOE proposed to adopt the FEP 
and FEI calculation as specified in AMCA 214-21 and did not propose to 
develop a control credit for fans with a controller. As stated, EPCA 
requires the DOE test procedures be reasonably designed to produce test 
results, which reflect energy efficiency and energy use during a 
representative average use cycle and not be unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(2)) To the extent use of a dynamic 
continuous control impacts the energy use characteristics of a fan or 
blower, the test procedure should account for such impact and 
appropriate consideration of any such impact would be part of the 
evaluation of potential energy conservation standards. Id.
    AMCA supports DOE's proposal to not include a control credit in the 
test procedure. AMCA explained that the majority of AMCA members are 
not in the motor/controller business and frequently do not have 
influence over the choice of motor control. AMCA commented that should 
a credit be applied for motor controllers; it should be done at the 
efficiency-requirement level and not within the FEI calculation. (AMCA, 
No. 41 at p. 36)
    Robinson commented that should DOE not include a credit, as it 
would cause differentiation from the European calculations and could 
impact the ability of U.S. manufacturers to compete against European or 
non-U.S. manufacturers. (Robinson, No. 43 at p. 11)

[[Page 27372]]

    Morrison commented that variable frequency drive (``VFD'') control 
provides a good method to achieve part load operation dynamically in 
order to promote energy savings. Morrison stated that since the FEP 
calculation metric penalizes the use of VFDs, providing at a minimum an 
equivalent bonus factor is appropriate to gain back the losses in the 
calculation. Morrison commented that operating at part load saves 
significantly more energy than any other efficiency change. (Morrison, 
No. 42 at p. 8)
    New York Blower commented against a credit in the FEP and FEI 
calculation for fans with a motor controller. However, in the context 
of a WFEI metric which overestimates energy savings obtained merely by 
selling the fan with a motor controller, New York Blower commented that 
a credit to cover an insertion loss of the motor controller would be 
more tolerable and representative of system performance than the energy 
consumption calculation as currently proposed in the WFEI. While not 
supported with much data, New York Blower commented that a 5 percent 
credit would be acceptable. New York Blower commented that based on 
limited published data, they estimate that motor controllers can 
operate at roughly 97 percent efficiency at optimal conditions. New 
York Blower further stated that a 5 percent credit would give the motor 
controller an additional 2 percent credit above typical insertion 
loss--which should be included in the FEI calculation--in the overall 
FEI representation. Again, New York Blower commented that they would 
accept criticism in their estimates from those more knowledgeable of 
the subject matter of motor controllers. New York Blower commented that 
they believe this proposal is reasonable in intent and execution 
considering the imposition of a WFEI metric. (New York Blower, No. 33 
at pp. 20-21)
    As stated previously, DOE is not adopting WFEI as the metric for 
fans and blowers. Consistent with industry practice, for fans and 
blowers other than air circulating fans, DOE is adopting the FEP and 
FEI metric as specified in AMCA 214-21 and is not including a control 
credit for fans with a motor controller. As stated, EPCA requires the 
DOE test procedures be reasonably designed to produce test results, 
which reflect energy efficiency and energy use during a representative 
average use cycle and not be unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2)) As stated by Morrison, the FEP calculation metric penalizes 
the use of VFDs, as it incorporates the losses from the VFD and 
appropriate consideration of any such impact would be part of the 
evaluation of potential energy conservation standards.

I. Alternative Energy Determination Method (AEDM)

    For certain covered equipment, DOE permits the use of an AEDM 
subject to the requirements at 10 CFR 429.70. An AEDM is a mathematical 
model based on the covered equipment design, and mitigates the 
potential cost associated with having to physically test units. AEDMs 
are permitted in instances in which the model can reasonably predict 
the equipment's energy efficiency performance.
    Although specific requirements vary by product or equipment, use of 
an AEDM entails development of a mathematical model that estimates 
energy efficiency or energy consumption characteristics of the basic 
model, as would be measured by the applicable DOE test procedure. 10 
CFR 429.70(c)(1)(i). The AEDM must be based on engineering or 
statistical analysis, computer simulation or modeling, or other 
analytic evaluation of performance data. 10 CFR 429.70(c)(1)(ii). A 
manufacturer must validate an AEDM by demonstrating that its predicted 
efficiency performance of the evaluated equipment agrees with the 
performance as measured by actual testing in accordance with the 
applicable DOE test procedure. 10 CFR 429.70(c)(1)(iii). The validation 
procedure and requirements, including the statistical tolerance, number 
of basic models, and number of units tested, vary by product. 10 CFR 
429.70.
    Once developed, an AEDM may be used for representations of the 
performance of untested basic models in lieu of physical testing. The 
manufacturer, by using an AEDM, bears the responsibility and risk of 
the validity of the ratings, including cases where the manufacturer 
receives and relies on performance data for certain components from a 
component manufacturer.
    AEDMs, when properly developed, can provide a straightforward and 
accurate means to predict the energy usage or efficiency 
characteristics of a basic model of a given covered product or 
equipment and reduce the burden and cost associated with testing. Where 
authorized by regulation, AEDMs enable manufacturers to rate and 
certify the compliance of their basic models by using the projected 
energy use or energy efficiency results derived from these simulation 
models in lieu of testing.
    The Working Group recommended allowing the use of an AEDM to 
generate the represented values of FEP and FEI of a fan basic model. 
(Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendations #23 through 
#25 at pp. 12-13)
    As proposed in the July 2022 NOPR, DOE allows the use of an AEDM in 
lieu of testing to determine fan performance, which would mitigate the 
potential cost associated with having to physically test units. 
Comments received on this issue are discussed in the remainder of this 
section. 87 FR 44194, 44241.
1. Validation
    Validation is the process by which a manufacturer demonstrates that 
an AEDM meets DOE's requirements for use as a certification tool by 
physically testing a certain number of basic models and comparing the 
test results to the output of the AEDM. Before using an AEDM, a 
manufacturer must validate the AEDM's accuracy and reliability as 
follows.
    A manufacturer must select a minimum number of basic models from 
each validation class to which the AEDM applies. To validate an AEDM, 
the specified number of basic models from each validation class must be 
tested in accordance with the DOE test procedure and sampling plan in 
effect at the time those basic models used for validation are 
distributed in commerce. Testing may be conducted at a manufacturer's 
testing facility or a third-party testing facility. The resulting 
rating is directly compared to the result from the AEDM to determine 
the AEDM's validity. A manufacturer may develop multiple AEDMs per 
equipment category, and each AEDM may span multiple validation classes; 
however, the minimum number of basic models must be validated per 
equipment category for every AEDM that a manufacturer chooses to 
develop. An AEDM may be applied to any basic model within the 
applicable equipment category at the manufacturer's discretion. All 
documentation of testing, the AEDM results, and subsequent comparisons 
to the AEDM would be required to be maintained as part of both the test 
data underlying the certified rating and the AEDM validation package 
pursuant to 10 CFR 429.71.
    The Working Group recommended that the AEDM be validated by the 
testing of at least two basic models, compliant with any potential 
energy conservation standards for each equipment class.\109\ In 
addition, the

[[Page 27373]]

Working Group recommended that if an AEDM was used to simulate a wire-
to-air test method, then the basic models used to validate the AEDM had 
to be tested using the wire-to-air test method. (Docket No. EERE-2013-
BT-STD-0006, No. 179, Recommendation #24 at p. 13).
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    \109\ DOE uses validation classes for AEDMs. While validation 
classes may not directly align with equipment classes, validation 
classes are consistent with equipment classes. DOE would propose 
equipment classes in a future energy conservation standards 
rulemaking for fans and blowers.
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    In the July 2022 NOPR, DOE proposed to include fan and blower 
validation classes at 10 CFR 429.70(k) and to require that two basic 
models per validation class be tested using the relevant proposed test 
procedure. This number of basic models is consistent with the number of 
basic models required for most DOE-regulated equipment that utilize 
AEDMs. In addition, DOE proposed that at least one basic model selected 
for validation testing would be required to include a motor, or a motor 
and controller of each topology (e.g., induction, permanent magnet, 
electronically commutated motor) included in the AEDM. DOE also 
proposed that if the AEDM is intended to represent the wire-to-air test 
method, then the testing of the basic models used to validate the AEDM 
must be performed according to the wire-to-air test method. Similarly, 
if the AEDM is intended to represent the fan shaft power test method, 
DOE proposed that the testing of the basic models used to validate the 
AEDM be performed according to the fan shaft power test method. 87 FR 
44194, 44241.
    Morrison commented that they continue to support the recommendation 
24 of the term sheet and support a plan that has manufacturers using 
testing results from two units to prove an AEDM but using the sampling 
plan per Recommendation #23 of the ASRAC term sheet. The sampling plan 
should be removed from the AEDM validation testing requirements. 
(Morrison, No. 42 at p. 9)
    AMCA commented that they support Working Group Recommendation #24. 
However, AMCA commented that Recommendation #24 varies from the NOPR in 
that the NOPR calls for the testing to be done compliant with the test 
procedure and sampling plan, which currently calls for two units per 
basic model. AMCA accepts testing two units to prove an AEDM but using 
the sampling plan per Recommendation #23 of the ASRAC term sheet. 
(AMCA, No. 41 at p. 37)
    New York Blower commented that to require two units to validate an 
AEDM seems reasonable, but when the tests must be executed in 
accordance with a sampling requirement attached to it, the AEDM 
development processed appears overly complicated. (New York Blower, No. 
33 at p. 21)
    Robinson commented that the AEDM approach for fans and blowers is 
an imperative as testing costs will be overwhelming in the absence of 
an AEDM. Robinson commented that the requirement for two samples to 
validate an AEDM will preclude the term sheet agreement of using 
historical testing data which is developed from a single fan. 
(Robinson, No. 43 at p. 11)
    DOE includes fan and blower validation classes at 10 CFR 429.70(m) 
and requires that two basic models per validation class be tested using 
the relevant proposed test procedure. As stated, the number of basic 
models is consistent with the number of basic models required for most 
DOE-regulated equipment that utilize AEDMs. In addition, DOE requires 
that at least one basic model selected for validation testing would be 
required to include a motor, or a motor and controller of each topology 
(e.g., induction, permanent magnet, electronically commutated motor) 
included in the AEDM. DOE also requires that if the AEDM is intended to 
represent the wire-to-air test method, then the testing of the basic 
models used to validate the AEDM must be performed according to the 
wire-to-air test method. Similarly, if the AEDM is intended to 
represent the fan shaft power test method, DOE requires that the 
testing of the basic models used to validate the AEDM be performed 
according to the fan shaft power test method. In addition, as discussed 
in section III.J of this document, DOE requires testing at least one 
unit per basic model in accordance with the sampling plan per 
Recommendation #23 of the ASRAC term sheet.
    DOE's proposed validation classes for fans and blowers are listed 
as follows: (1) centrifugal housed; (2) radial housed; (3) centrifugal 
inline; (4) centrifugal unhoused; (5) centrifugal PRV exhaust; (6) 
centrifugal PRV supply; (7) axial inline; (8) axial panel; (9) axial 
PRV; (10) unhoused ACFH; (11) air circulating axial panel fan; (12) box 
fan; (13) cylindrical air circulating fan; and (14) housed centrifugal 
air circulating fan. 87 FR 44194, 44241. Per the current draft of the 
revised AMCA 230 standard, AMCA recommends replacing the proposed 
validation classes (10) through (14) with ``(10) Air circulating fan 
heads.'' \110\ Additionally, AMCA recommends an 11th class for 
laboratory exhaust fans that are not induced flow fans per its 
recommendation for the definition of safety fans and lab exhaust fans 
that are not induced flow fans.\111\ (AMCA, No. 41 at p. 37)
---------------------------------------------------------------------------

    \110\ In their comments, AMCA uses the acronym ACFH to designate 
air circulating fan heads. Air circulating fans includes both housed 
and unhoused ACFHs and DOE considers the term ACFH equivalent to air 
circulating fan.
    \111\ DOE notes that AMCA also noted that their recommended 
changes would alter the regulatory text as follows: (i) Select basic 
models. For each fan or blower validation class listed as follows: 
centrifugal housed fan; radial housed fan; centrifugal inline fan; 
centrifugal unhoused fan; centrifugal power roof ventilator exhaust 
fan; centrifugal power roof ventilator supply fan; axial inline fan; 
axial panel fan; axial centrifugal power roof ventilator fan; 
unhoused ACFH; air circulating axial panel fan; housed air 
circulating fan head; lab exhaust fan to which the AEDM is applied. 
(AMCA, No. 41 at p. 37) DOE notes that the draft regulatory text 
provided by AMCA and the comment do not align. In their comments, 
AMCA recommends replacing the proposed validation classes (10) 
through (14) with ``(10) Air circulating fan heads'' while in the 
regulatory text they recommend replacing the proposed validation 
classes (12) through (14) with ``(10) Air circulating fan heads.'' 
(AMCA, No. 41 at p. 37) DOE interprets that comment as taking 
precedent over the draft regulatory text provided as the validation 
classes listed by AMCA in the draft regulatory text provided do not 
match the comment otherwise.
---------------------------------------------------------------------------

    DOE did not receive any comments related to the proposed validation 
classes (1) through (9) and is adopting them as proposed. Regarding 
laboratory exhaust fans, as stated previously (see section III.C.2 of 
this document), DOE is not including laboratory exhaust fans in the 
scope of the test procedure and therefore is not adding a validation 
class for this equipment. Regarding validation classes for air 
circulating fans, AMCA recommended using unique validation classes for 
all categories of air circulating fans. DOE has concerns that such an 
approach, keeping with the 2 basic models per validation class, would 
not allow development of a model that is sufficiently representative of 
impeller designs and housing configurations. In addition, AMCA did not 
provide supporting information other than stating consistency with AMCA 
230-23 (which does not include AEDM requirements). Therefore, at this 
time, DOE is reducing the number of validation classes for air 
circulating fans by grouping all housed ACFHs with axial impellers 
(i.e., air circulating axial panel fans, box fans, and cylindrical air 
circulating fans) under the same validation class (``axial housed 
ACFH'') and to establish the following validation classes: unhoused 
ACFH, axial housed ACFH, and housed centrifugal air circulating fan.
    New York Blower estimated that three fans would need to be tested 
to support ratings for 12 sizes and that the performance of the 
remaining sizes could be estimated using an AEDM. New York Blower 
commented that once the AEDM inventory in the industry is created, 
maintenance would be

[[Page 27374]]

lessened, but to get started would clearly take extensively longer than 
any compliance period currently proposed. New York Blower commented 
that having to document AEDMs and certify every size, on an annual 
basis, would be an incredible burden to the fan industry and result in 
added cost paid by consumers. (New York Blower, No. 33 at p. 5)
    DOE is not establishing any certification requirements in this 
final rule; however, DOE notes that beginning 180 days after 
publication of this final rule, any voluntary representations of FEI 
for fans that are not air circulating fans or CFM/W for air circulating 
fans that are within the scope of this test procedure would be required 
to be based on the DOE test procedure. This requirement is further 
discussed in section III.L.
    The Working Group recommended adding a tolerance of 5 percent to 
the results of the AEDM for the basic models used for validation of the 
AEDM. The Working Group recommended that the predicted FEP using the 
AEDM may not be more than five percent less than the FEP determined 
from the test according to the DOE test procedure for the basic models 
used to validate an AEDM. (Docket No. EERE-2013-BT-STD-0006, No. 179, 
Recommendation #25 at p. 13).
    The Working Group recommendation would require that the FEP 
calculated by an AEDM must be greater than or equal to 95 percent of 
the FEP determined testing the basic models used to validate the AEDM. 
This is equivalent to requiring that the FEI determined using the FEP 
calculated by an AEDM must be less than or equal to 100/0.95 percent or 
approximately 105 percent of the FEI calculated using the FEP 
determined from testing the basic models used to validate the 
AEDM.\112\
---------------------------------------------------------------------------

    \112\ The FEI is equal to the reference FEP (FEPref) 
divided by the FEP of the actual fan. Therefore, if the FEP 
calculated using the AEDM (FEP-AEDM) is greater than or equal to 95 
percent of the FEP (FEP-test) determined through testing, the 
FEPref/FEP-AEDM is less than or equal to \1/0\.95 * 
FEPref/FEP-test.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE proposed to apply the 5 percent 
tolerance to the FEI because FEI is the proposed metric. DOE proposed 
that the FEI calculated by an AEDM must be less than or equal to 105 
percent of the FEI determined from the test of the basic models used to 
validate the AEDM. 87 FR 44194, 44241.
    In response to the July 2022 NOPR, Robinson requested clarification 
on whether there is a positive margin on the AEDM for predicted FEP. 
(Robinson, No. 43 at p. 11) DOE notes that there is a positive margin, 
as stated in the previous paragraph.
    DOE did not receive any additional comments on this proposal and 
therefore is requiring that the FEI calculated by an AEDM must be less 
than or equal to 105 percent of the FEI determined from the test of the 
basic models used to validate the AEDM. For air circulating fans, DOE 
is applying a 5 percent tolerance as proposed, but to the adopted 
efficacy metric in CFM/W.
2. Additional AEDM Requirements
    In the July 2022 NOPR, consistent with provisions for other 
commercial and industrial equipment, DOE proposed to require that, if 
requested by DOE, a manufacturer must perform at least one of the 
following activities: (1) conduct a simulation before a DOE 
representative to predict the performance of particular basic models of 
the equipment to which the AEDM was applied; (2) provide analysis of 
previous simulations conducted by the manufacturer; or (3) conduct 
certification testing of basic model(s) selected by DOE. 87 FR 44194, 
44241-44242.
    In addition, DOE proposed that when making representations of 
values other than FEI (e.g., FEP, fan shaft power) for a basic model 
that relies on an AEDM, all other representations would be required to 
be based on the same AEDM results used to generate the represented 
value of FEI. Id. at 87 FR 44242.
    In response to the July 2022 NOPR, Robinson commented that it 
objects to the requirement of providing copies of AEDM calculations 
because the Robinson companies are privately held. (Robinson, No. 43 at 
p.11) DOE notes that manufacturers initially must certify whether basic 
model performance was determined with an AEDM or not. If DOE has 
questions on the AEDM used for a given basic model, DOE contacts the 
manufacturer for this information. DOE considers all AEDM data provided 
by manufacturers to be confidential. These data would not be publicly 
available. Additionally, DOE notes that use of an AEDM and AEDM 
representations are voluntary.
    DOE did not receive any additional comments on these issues and 
requires that when making representations of values other than FEI 
(e.g., FEP, fan shaft power) or efficacy (as applicable) for a basic 
model that relies on an AEDM, all other representations would be 
required to be based on the same AEDM results used to generate the 
represented value of FEI or efficacy.
3. AEDM Verification Testing
    In the July 2022 NOPR, consistent with the provisions for certain 
commercial and industrial equipment, DOE proposed to include provisions 
related to AEDM verification testing for fans and blowers in 10 CFR 
429.70(k), including: (1) selection of units from retail if available, 
or otherwise from a manufacturer, (2) independent, third-party testing 
if available, or otherwise at a manufacturer's facility, (3) testing 
performed without manufacturer representatives on site, (4) testing in 
accordance with the DOE test procedure, any active test procedures, any 
guidance issued by DOE, and lab communication with the manufacturer 
only if DOE organizes it, (5) notification of manufacturer if a model 
tests worse than its certified rating by an amount exceeding a 5 
percent tolerance with opportunity for the manufacturer to respond, (6) 
potential finding of the rating for the model to be invalid, and (7) 
specifications regarding when a manufacturer's use of an AEDM may be 
restricted due to prior invalid represented values and how a 
manufacturer could regain the privilege of using an AEDM for rating. 87 
FR 44194, 44242. DOE did not receive any comments related to these 
proposals and DOE is adopting these provisions as proposed.
4. Engineered-To-Order
    In response to the July 2022 NOPR, New York Blower requested 
clarification regarding engineered-to-order products. Specifically, New 
York Blower requested clarification regarding what defines a product as 
an engineered-to-order product and whether that would impact sampling 
and AEDM requirements. New York Blower commented that engineered-to-
order better describes custom fans which contain a design, but no 
distinct sizes. New York Blower commented that the sizes are 
dynamically created when the customer provides the specification and 
the fan is then designed and built once, for a single use. New York 
Blower requested clarification on whether this type of product is 
required to follow the sampling and testing requirements. New York 
Blower recommended that custom fan designs be certified at a single 
size and that at the time of order, the data from the tested size would 
be rescaled through an AEDM, built, and shipped. New York Blower 
further recommended that the certification of the original tested fan 
would be carried to the designed fan and no further sampling or testing 
would be required. New York Blower commented that this is how

[[Page 27375]]

custom fans have been designed for as long as the affinity laws have 
been understood. New York Blower noted that such approach would 
conflict with the definition of the basic model as each instance of the 
custom fan design is likely to consume a significantly different amount 
of energy from the tested fan and therefore would need to be considered 
a different basic model. In summary, New York Blower requested that DOE 
allow custom fan designs to be certified through a single certification 
for each design. (New York Blower, No. 33 at pp. 23-24)
    As stated in section III.E of this document, DOE references section 
8.2.1 of AMCA 214-21, ``Fan laws and other calculation methods for 
shaft-to-air testing,'' and section 8.2.3 of AMCA 214-21, ``Calculation 
to other speeds and densities for wire-to-air testing,'' as proposed in 
the July 2022 NOPR. (See 87 FR 44194, 44222.) Section 8.2.3 of AMCA 
214-21 includes provisions which allow speed and size interpolations. 
In addition, as discussed in this section, DOE allows the use of AEDM 
in lieu of testing. For engineered-to-order equipment, manufacturers 
would have the option to determine the FEI of the engineered-to-order 
basic model through physical testing, application of the fan laws (in 
accordance with the test procedure), or application of an AEDM. 
Manufacturers would be required to certify the basic model.
    As discussed in section III.C.7 of this document, with regards to 
custom fans for which a single made-to-order fan is manufactured, 
general sampling requirements for all covered equipment at 10 CFR 
429.11(b), and Sec.  429.11(b)(2) provides provisions for sampling when 
only one unit of a basic model is produced.\113\ In accordance with 
these provisions, a single engineered-to-order product must be tested 
to ensure it complies with the standard. To reduce testing burden, DOE 
is adopting AEDM provisions that would allow certification using such 
AEDM, in lieu of testing (i.e., physical testing or application of the 
fan laws as in accordance with the test procedure) and would apply to 
any basic model, including made-to-order products. Certification would 
be based on the test results of the one unit, or the AEDM ratings for 
the model.
---------------------------------------------------------------------------

    \113\ Section 429.11(b)(2) specifies that if only one unit of 
the basic model is produced, that unit must be tested, and the test 
results must demonstrate that the basic model performs at or better 
than the applicable standard(s). If one or more units of the basic 
model are manufactured subsequently, compliance with the default 
sampling and representations provisions is required.
---------------------------------------------------------------------------

J. Sampling Plan

    DOE provides sampling provisions for determining represented values 
of energy use or energy efficiency of a covered product or equipment. 
See generally, 10 CFR part 429. These sampling provisions provide 
uniform statistical methods that require testing a sample of units that 
is large enough to account for reasonable manufacturing variability 
among individual units of a basic model, or variability in the test 
methodology, such that the test results for the overall sample will be 
reasonably representative of the efficiency of that basic model.
    The general sampling requirement currently applicable to all 
covered products and equipment provides that a sample of sufficient 
size must be randomly selected and tested and that, unless otherwise 
specified, a minimum of two units must be tested to certify a basic 
model. 10 CFR 429.11. This minimum is implicit in the requirement to 
calculate a mean--an average--which requires at least two values. 
Manufacturers can increase their sample size to narrow the margin of 
error. The design of the sampling plan is intended to determine an 
accurate assessment of product or equipment performance, within 
specified confidence limits, without imposing an undue testing or 
economic burden on manufacturers. Different samples from the same 
population will generate different values for the sample average. An 
interval estimate quantifies this uncertainty in the sample estimate by 
computing lower and upper confidence limits (``LCL'' and ``UCL'') of an 
interval (centered on the average of the sample) which will, with a 
given level of confidence, contain the population average. Instead of a 
single estimate for the average of the population (i.e., the average of 
the sample), a confidence interval generates a lower and upper limit 
for the average of the population. The interval estimate gives an 
indication of how much uncertainty there is in the estimate of the 
average of the population.\114\ Confidence limits are expressed in 
terms of a confidence coefficient. For covered equipment and products, 
the confidence coefficient typically ranges from 90 to 99 percent.\115\ 
The confidence coefficient 97.5 percent, for example, means that if an 
infinite number of samples are collected, and the confidence interval 
computed, 97.5 percent of these intervals would contain the average of 
the population: i.e., although the average of the entire population is 
not known, there is a high probability (97.5 percent confidence level) 
that it is greater than or equal to the LCL and less than or equal to 
the UCL.
---------------------------------------------------------------------------

    \114\ NIST/SEMATECH e-Handbook of Statistical Methods, 
www.itl.nist.gov/div898/handbook/eda/section3/eda352.htm.
    \115\ Part 429 in 10 CFR outlines sampling plans for 
certification testing for product or equipment covered by EPCA.
---------------------------------------------------------------------------

    To ensure that the represented value of efficiency is no greater 
than the population average, the sampling plans for determination of 
the represented value typically consist of testing a representative 
sample to ensure that . . . (ii) Any represented value of energy 
efficiency \116\ . . . shall be no greater than the lower of (A) the 
average of the sample () or (B) the lower XX confidence limit of the 
true mean divided by K, where the values for XX and K vary with product 
or equipment type. XX, the confidence limit, typically ranges from 90 
to 99 percent, while K, an adjustment factor, typically ranges from 0.9 
to 0.99. The specific values for XX and K for a particular product or 
equipment are selected based on an expected level of variability in 
product performance and measurement uncertainty. 10 CFR 429.14 through 
10 CFR 429.66. Requiring that the represented value be less than or 
equal to the LCL would ensure that the represented value of efficiency 
is no greater than the population average. DOE divides the LCL by K to 
provide additional tolerance to account for variability in product 
performance and measurement uncertainty.\117\ The comparison with the 
average of the sample further ensures that if LCL divided by K is 
greater than , the represented value is established using the average 
of the sample. In addition, DOE relies on a one-sided confidence limit 
to provide the option for manufacturers to rate more conservatively.
---------------------------------------------------------------------------

    \116\ Or any other metric for which the consumer will favor a 
higher value, such as FEI.
    \117\ For example, if DOE expects that the variability for 
measured performance is within a margin of 3 percent, DOE will use a 
K value of 0.97. See for example 79 FR 32019, 32037 (June 3, 2014).
---------------------------------------------------------------------------

    The Working Group recommended that a represented value of FEP of a 
basic model be based on a minimum of one test, where the represented 
value of FEP must be less than or equal to any energy conservation 
standard level, and greater than or equal to the tested value of 
FEP.\118\ The Working Group did not

[[Page 27376]]

provide recommendations to address a situation in which a manufacturer 
chooses to increase their test sample size. (Docket No. EERE-2013-BT-
STD-0006, No. 179, Recommendation #23 at p. 12) The Petitioners also 
requested that manufacturers be allowed to establish FEP and FEI 
ratings of a fan basic model based on testing of a single unit. (Docket 
No. EERE-2020-BT-PET-0003, The Petitioners, No. 1.3 at p. 8)
---------------------------------------------------------------------------

    \118\ DOE notes that this requirement can be converted into the 
FEI metric as follows: the represented value of FEI of the basic 
model must be based on a minimum of one test, where the represented 
value of FEI must be greater than or equal to any energy 
conservation standard and less than or equal to the tested value of 
FEI.
---------------------------------------------------------------------------

    In the July 2022 NOPR, DOE proposed that a minimum sample size of 
two units would be used when making representations of FEP, FEI, and 
fan shaft power, as applicable. This proposal is consistent with the 
statistical sampling requirements in place for other commercial and 
industrial equipment regulated by DOE.\119\ 87 FR 44194, 44243. In 
addition, DOE proposed that the FEI be rounded to the nearest 
hundredth. Id. at 87 FR 44243.
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    \119\ The general sampling requirement currently applicable to 
all covered products and equipment provides that a sample of 
sufficient size must be randomly selected and tested to ensure 
compliance and that, unless otherwise specified, a minimum of two 
units must be tested to certify a basic model as compliant. See 10 
CFR 429.11.
---------------------------------------------------------------------------

    AMCA commented that a 2-sample test was a deviation from the ASRAC 
term sheet, which required the industry and advocates to expend time 
and resources to research and analyze the implication of losing the 
historical record of fan tests. (AMCA, No. 41 at p. 2) AMCA commented 
that sample sizes of one unit must be allowed, as stipulated in 
Recommendation #23 of the term sheet. AMCA further cited the example of 
commercial packaged boilers as a covered product for which DOE allows a 
single unit sample (10 CFR 429.60). AMCA commented that, if DOE does 
not allow a single unit sample, much of the historical data for the fan 
industry would be eliminated. AMCA added that the industry does not 
have the financial or logistical resources to retest all products with 
two-sample tests. In addition, AMCA commented that AMCA 214-21 defines 
how to calculate the FEP and FEI at a single duty point or point of 
operation which consists of values of flow rate, pressure, power, and 
density. AMCA noted that the proposed statistics included in the NOPR 
imply FEP and FEI values can be averaged over multiple tests. However, 
AMCA commented that when considering multiple samples, the tests would 
have to have an identical number of sampled duty points and each duty 
point would have to be at the same flow, pressure, and density.\120\ 
AMCA commented that while tests can be corrected to have all data 
points represented at the same density, it is highly unlikely each 
collected data point will be at the same flow and pressure. AMCA 
commented that there is no known methodology to combine multiple sets 
of test data to compute an expected mean value of performance \121\ and 
commented that DOE would need to provide some methodology. AMCA added 
that the proposed statistics would function accurately under the 
following conditions: (1) A single value of performance (metric) was 
derived from the test (for example, the WFEI); or (2) The value from 
the test was captured at some specific operating condition that is 
repeatable across tests (for example at BEP). AMCA commented that the 
proposed test procedure is such that historical data would not pass the 
current test-procedure requirements and requiring two units to be 
tested will double the expense for manufacturers and lead to excessive 
testing burden. AMCA commented that units that are built for test 
cannot be placed back into stock and sold as new or offered for sale 
and all tested units would be an unrecoverable expense. AMCA commented 
that in addition to the costs, the time required to test two units of 
every basic model would span well beyond the compliance time period and 
could exceed 10 years. Instead, AMCA recommended to follow the 
guidelines of AMCA 214 and allow a single test where the FEP and FEI is 
calculated at each duty point (corrected to uniform speed and density 
as appropriate), and this data becomes the basis for the efficiency 
values presented in the market. (AMCA, No. 41 at pp. 38-40)
---------------------------------------------------------------------------

    \120\ At a given density, each duty point is defined as a value 
of pressure and flow at a given speed, and the test procedure 
provides methods to determine the electrical or FEP at that duty 
point.
    \121\ AMCA commented that AMCA 211 provides a method of 
comparing fan-performance data to a reference rating and an 
interpolation method for estimating performance between two sets of 
performance data but does not provide a method of combining more 
than one set of test data to provide average prediction of 
performance. (AMCA, No. 41 at p. 39)
---------------------------------------------------------------------------

    JCI and Morrison commented in support of AMCA's comments regarding 
the proposed sampling plan. (JCI, No. 34 at p. 2; Morrison, No. 42 at 
pp. 9-12)
    NEEA recommends DOE work with AMCA to understand the burden 
associated with testing two units to certify a basic model and clarify 
DOE's stance on allowing the use of historic testing to be used in 
certifying fans. (NEEA, No. 36 at p. 3)
    New York Blower commented that the sampling and statistics built 
into 10 CFR parts 429 and 431 will function as expected for a product-
based metric. However, New York Blower added that the FEI metric is 
designed to be applicable to an entire fan performance envelope (flow, 
pressure, density, and power) and that there is no agreed upon 
methodology that allows for the combining of two or more fan curves 
into a representation of performance for a population. (New York 
Blower, No. 33 at p. 3) New York Blower added that requiring two-sample 
testing will double the costs of testing compared to creating ratings 
for a series of sizes within a product line from a single test. (New 
York Blower, No. 33 at p. 5)
    New York Blower further commented that for a product-based metric 
where statistical representation of a population is required, a two 
sample minimum is appropriate. New York Blower added that a two-sample 
minimum could impose significant restrictions on the manufacturer, by 
amplifying any deviation between samples to predict population 
performance. New York Blower commented that a Weighted Average FEI 
value could be calculated from a single test. Presuming this would 
represent minimum energy consumption or maximum efficiency of the 
population of products would require the manufacturer to estimate any 
deviations from future samples and incorporate it in the ratings 
calculation. While not statistically supportable, it would be a method 
to create ratings and certify products from a single test. (New York 
Blower, No. 33 at p. 22)
    Robinson commented that the two-sample minimum causes great concern 
for heavy industrial processing fans. Robinson commented that heavy 
industrial processing fans are uniquely designed and engineered for 
each installation and application. The material and parts are ordered 
specific to the job and only after the engineering and drawing of the 
individual product are complete. The NOPR indicates that the DOE would 
attempt to require two of each fan to be built to test its efficiency. 
Considering the number of heavy industrial processing fans and blowers 
sold in a year, Robinson commented that this will add a significant 
time and financial burden even if it were possible to design an AEDM. 
In the case of custom engineered equipment, Robinson stated that an 
accurate AEDM will be difficult and expensive to develop, requiring 
significant engineering expertise. (Robinson, No. 43 at pp. 3-4)
    In addition, Robinson requested clarifications regarding the 
sampling process and noted that it is not unusual for a custom fan 
manufacturer to not

[[Page 27377]]

make a particular size for years depending on the needs of the market. 
Robinson commented it was their understanding that one test would be 
required to certify a design as custom fan manufacturers would have 
historical design data available regarding the original design. 
Robinson commented that the definition of basic models and varying full 
width size classes suggests that an extraordinary amount of testing 
would need to be conducted to certify basic models. (Robinson, No. 43 
at p. 12)
    Greenheck commented that the proposed two-test requirement is 
disruptive and an extreme burden to the industry. Greenheck commented 
that the fan test procedure and certified ratings program (``CRP''), 
developed by AMCA and utilized by the fan industry, requires a single-
sample precertification test and recurring surveillance audits. 
Greenheck commented that a two-sample requirement will not focus the 
industry on development of higher efficiency products and support 
energy savings. Instead, it will eliminate currently available fan 
performance data and shackle manufacturers with years of 
recertification of existing products. Greenheck commented that the 
improved accuracy of two-sample testing provides no value or energy 
savings for products already following the AMCA CRP program. Greenheck 
recommended that DOE accept AMCA CRP historical data and allow single 
unit performance data following AMCA 210 and AMCA 211 moving forward. 
(Greenheck, No. 39 at pp. 2-3)
    AHRI commented that the Working Group explicitly recommended that a 
represented value of a basic model be based on a minimum of one test, 
where the tested value must be less than the represented value. AHRI 
commented that this was deemed appropriate by the Working Group after 
lengthy discussion about the substantial burden retesting on the 
industry. AHRI commented that the ratings and sampling methods embodied 
in AMCA Publication 211, ``Certified Ratings Program Product Rating 
Manual for Fan Air Performance,'' have long been used and have been 
offered for regulatory purposes. AHRI does not support DOE's proposal 
that a minimum sample size of two units would be used when making 
representations of FEP, FEI, and BHP, as applicable, be required when 
that was explicitly recommended against by the cognizant Working Group. 
AHRI added that DOE has offered no data or analysis that the agreed 
upon methodology would be insufficient or deviate substantially from 
current practices. (AHRI, No. 40 at p. 7)
    ebm-papst commented that they were unable to see through the 
complexities and important nuances of the AEDM and the statistical 
procedures that the NOPR proposed to implement. Instead, ebm-papst 
recommended adoption of AMCA 211 certification program into this fan 
rulemaking. (ebm-papst, No. 31 at p. 13)
    Rheem commented that having multiple samples can be beneficial 
(Public Meeting Transcript, No 42 at pp. 85-86)
    For fans and blowers other than air circulating fans, DOE is 
following the recommendation of the Working Group (Docket No. EERE-
2013-BT-STD-0006, No. 179, Recommendation #23 at p. 12) and providing 
the option to test a minimum of one unit, where the tested value must 
be less than the represented value. If, however, a fan manufacturer 
chooses to certify compliance of a basic model based on the test result 
of a single unit, DOE notes that it may consider using a minimum sample 
size of one unit for enforcement testing, and if a single unit of this 
fan basic model does not meet the applicable Federal energy 
conservation standard, the fan basic model will be considered non-
compliant. If a manufacturer chooses to certify compliance of a basic 
model based on the test result of a sample of more than one unit, DOE 
may consider performing enforcement testing based on a sample of more 
than one unit. As discussed in section III.K, DOE is not adopting 
enforcement provisions in this document and will address enforcement 
provisions in a future energy conservations standards rulemaking.
    As stated, the Working Group did not provide recommendations to 
address a situation in which a manufacturer chooses to increase their 
test sample size, specifically in terms of the methodology to use when 
averaging the FEI of two or more duty points, which may not be exactly 
at the same flow and pressure due to testing variations. To address the 
situation where a manufacturer may choose to increase the test sample, 
DOE adds provisions to clarify how to perform the average FEI 
calculation: for each speed and flow value for which the manufacturer 
chooses to make a representation, the average FEI is the average of the 
FEI determined by each test and the duty point is defined as the value 
of speed, flow, and average of the pressures determined by each test. 
DOE notes that AMCA 214-22 provides methods to convert performance data 
from one speed to another speed (see Annex G and Annex H of AMCA 214-22 
as well as section 7.9.1 of AMCA 210-216), as well as interpolation 
methods to determine the performance along the fan curve (i.e., at any 
flow value) at a given speed.\122\ Therefore, separate test results can 
be converted to the same flow and speed. The remaining pressure value 
would then be averaged to provide the average duty point pressure.
---------------------------------------------------------------------------

    \122\ Sections 7.13.1 and 7.13.2 of AMCA 214-22 state: ``If 
needed, duty points between laboratory tested points 
(determinations), are obtained by fitting a cubic polynomial based 
on the four closest determinations.''
---------------------------------------------------------------------------

    Regarding the use of historical test data, DOE understands that 
manufacturers of fans and blowers likely have historical test data 
which were developed with methods consistent with the DOE test 
procedure being adopted in this final rule. DOE does not expect 
manufacturers to regenerate all of the historical test data unless the 
rating resulting from the historical methods, which is based on the 
same methodology being adopted in this final rule, would no longer be 
valid.
    Regarding the use of AMCA 211-22, DOE develops its own 
certification, compliance, and enforcement provisions and will consider 
the provisions in AMCA 211-22 to the extent possible in a separate 
certification-focused rulemaking.
    AHAM commented that deviation from an agreed-upon term sheet 
diminished the value of participating in ASRAC negotiations and could 
result in reduced interest in participating in such negotiations in the 
future. AHAM stated that stakeholders from all perspectives (e.g., 
manufacturers, efficiency advocates, States, and utilities) and DOE 
alike see value in that process. AHAM commented that they are a strong 
supporter of negotiated standards--both through the ASRAC process and 
through ``private'' negotiations among stakeholders with various points 
of view. (AHAM, No. 35 at p. 9)
    AMCA commented that, DOE always reserves and retains the right to 
diverge from the ASRAC consensus, but in the interest of encouraging 
future participation in a process generally acknowledged to be a 
classic example of good regulatory policy and practice, DOE last-minute 
divergence in fundamental ways from the ASRAC consensus (especially 
where that consensus has been used as a guide for the more rapidly 
developed related regulation in California) will only serve as a 
disincentive for future parties to participate in ASRAC negotiations. 
(AMCA No. 41 at p. 3)
    DOE notes that the adopted provisions to allow a sample of at least 
one unit aligns with the term sheet. As noted throughout the notice, 
DOE aligned with the recommendations of

[[Page 27378]]

the term sheet except on the metric (FEI vs. FEP), where DOE aligned 
with the latest industry standard. See section III.G.1 of this 
document. DOE established the ASRAC in an effort to further improve 
DOE's process of establishing energy efficiency standards for certain 
appliances and commercial equipment. ASRAC allows DOE to use negotiated 
rulemaking as a means to engage all interested parties, gather data, 
and attempt to reach consensus on establishing energy-efficiency 
standards.
    For air circulating fans, DOE did not receive any comments specific 
to the sampling plan. For air circulating fans, the metric is evaluated 
at a single operating point (i.e., maximum speed, See Section III.G.2 
of this document) and each basic model's performance is represented by 
a single rating. This metric approach is different from the one used 
for fans blowers other than air circulating fans where the metric is 
evaluated at each of the fan's operating points within the range of air 
power and shaft input power in scope (i.e., at each duty point, as 
specified by the manufacturer within the range of air power and shaft 
input power in scope; see Section III.B.1 of this document) and 
requires the determination of the FEI at each duty point as specified 
by the manufacturer, resulting in multiple FEI ratings for the same 
basic model. For this reason, DOE believe it is appropriate to allow a 
minimum of one unit for fans and blowers other than air circulating 
fans, and to require a minimum of two units for air circulating fans. 
Thus, DOE is requiring a minimum of two units, as proposed in the July 
2022 NOPR. As noted, a minimum of two units is consistent with the 
statistical sampling requirements in place for other commercial and 
industrial equipment regulated by DOE.\123\
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    \123\ The general sampling requirement currently applicable to 
all covered products and equipment provides that a sample of 
sufficient size must be randomly selected and tested to ensure 
compliance and that, unless otherwise specified, a minimum of two 
units must be tested to certify a basic model as compliant. See 10 
CFR 429.11.
---------------------------------------------------------------------------

K. Enforcement Provisions

    In the July 2022 NOPR, DOE proposed to add specific enforcement 
testing provisions for fans and blowers at 10 CFR 429.110 and proposed 
that DOE would use an initial sample size of not more than four units 
and would determine compliance based on the arithmetic mean of the 
sample. This is similar to existing enforcement testing provisions for 
pumps and HVACR equipment. DOE also proposed to add product-specific 
enforcement provisions for fans and blowers other than air circulating 
fans to specify that: (1) geometric similarity of two or more fans will 
be verified by requiring that the manufacturer provides all fan design 
dimensions as described in Annex K of AMCA 214-21; and (2) DOE will 
test each fan basic model according to the test method (specified by 
the manufacturer in any certification report (i.e., based on section 
6.1, 6.2, 6.3, or 6.4 of AMCA 214-21). 87 FR 44194, 44243.
    DOE did not receive any comments specific to this issue. In this 
final rule, DOE is not adopting enforcement provisions as proposed in 
the July 2022 NOPR. At this time, DOE has not established any energy 
conservation standards for fans and blowers and will consider 
establishing enforcement provisions as part of any future energy 
conservation standards rulemaking.

L. Effective and Compliance Dates

    The effective date for the adopted test procedure will be 30 days 
after publication of this final rule in the Federal Register. EPCA 
prescribes that all representations of energy efficiency and energy 
use, including those made on marketing materials and product labels, 
for certain equipment, including fans and blowers, must be made in 
accordance with an amended test procedure, beginning 180 days after 
publication of the final rule in the Federal Register. (42 U.S.C. 
6314(d)(1)) EPCA provides an allowance for individual manufacturers to 
petition DOE for an extension of the 180-day period if the manufacturer 
may experience undue hardship in meeting the deadline. (42 U.S.C. 
6314(d)(2)) To receive such an extension, petitions must be filed with 
DOE no later than 60 days before the end of the 180-day period and must 
detail how the manufacturer will experience undue hardship. (Id.)
    AMCA commented that if DOE's test procedure results in a 
comprehensive need for industry testing, there would not be sufficient 
throughput to meet, for example, a 180-calendar-day deadline. In 
actuality, it would likely take years for industry to retest 
everything. (AMCA No. 41, at p. 40)
    JCI stated that it shares AMCA's comments regarding the 180-day 
compliance window between rule finalization and the effective date 
which is not possible for a product sector being regulated for the 
first time under the proposed NOPR requirements; either the proposed 
test procedures need to be revised or the time period needs to be 
extended to 6 years. (JCI, No. 34 at p. 2)
    DOE understands that manufacturers of fans and blowers likely have 
historical test data which were developed with methods consistent with 
the DOE test procedure being adopted in this final rule. DOE notes that 
it does not expect manufacturers to regenerate all of the historical 
test data, unless the rating resulting from the historical methods, 
which is based on the same methodology being adopted in this final 
rule, would no longer be valid. EPCA provides a 180-day timeline for 
all representations regarding energy consumption or the cost of energy 
consumed by fans and blowers to be made according to the DOE test 
procedure. (42 U.S.C. 6314(d)(1)) This is a statutory requirement and 
not a timeline chosen by DOE.
    AHRI commented that once the test procedure is finalized, fan 
manufacturers will have 180 days to comply with the new procedure. AHRI 
commented that this is an unrealistic timeline. AHRI commented that 
component fans that were once available for a product's full operating 
range may no longer be available and OEMs will not have the information 
about market availability of new component fans until well after the 
motor has been tested and certified. AHRI added that after assessing 
the availability on the market, OEMs may have to redesign equipment to 
accommodate for a different motor size, which could also negatively 
impact performance and efficiency. AHRI stated that redesign and 
testing take years to complete, and the information required for this 
equipment assessment will not be available until after fan 
manufacturers are actually complying with the test procedure. (AHRI, 
No. 40 at p. 9) AHRI added detailed descriptions and estimates of the 
costs to incorporate a redesigned fan into an OEM equipment. (AHRI, No. 
40 at pp. 9-10)
    As discussed previously, EPCA prescribes that all representations 
for fans and blowers must be made in accordance with an amended test 
procedure, beginning 180 days after publication of the final rule in 
the Federal Register. (42 U.S.C. 6314(d)(1)) At this time, DOE is not 
adopting energy conservation standards for fans and blowers, and the 
test procedure would not impact the availability of current models. The 
test procedure does not set any energy conservation standards and does 
not result in any non-compliant fans.

M. Test Procedure Costs and Impacts

    As previously discussed, DOE is establishing a test procedure for 
fans and blowers at 10 CFR part 431, subpart J and a new appendix A and 
appendix

[[Page 27379]]

B. Additionally, DOE is (1) adopting through reference the test methods 
in AMCA 214-21 and AMCA 230-23, with certain modifications; (2) 
adopting through reference certain test procedure provisions in AMCA 
210-16; and (3) specifying FEP and FEI, based on AMCA 214-21, and CFM/
W, based on AMCA 230-23, as the relevant metrics. DOE is also adding 
section 69 to 10 CFR part 429, which adds fan and blower sampling 
requirements and provisions related to determining represented values, 
and is adding paragraph (n) to 10 CFR 429.70, which specifies 
alternative efficiency determination method requirements. DOE has 
determined that the test procedure would impact testing costs as 
discussed in the following paragraphs.
    By adopting industry standards, DOE has determined that the test 
procedure in this final rule would be reasonably designed to produce 
test results that reflect energy efficiency and energy use of fans and 
blowers during a representative average use cycle and that would not be 
unduly burdensome for manufacturers to conduct. In the July 2022 NOPR, 
DOE presented costs associated with performing testing according to the 
proposed test procedure at third-party testing facilities (i.e., 
facilities that are not operated by the manufacturer whose product is 
being tested). 87 FR 44194, 44243.
    In the July 2022 NOPR, DOE assumed that both AMCA and non-AMCA 
members could test products at the AMCA testing facilities, with non-
AMCA member costs being double the cost of AMCA members. 87 FR 44194, 
44243. DOE has since learned that it is uncommon for the AMCA testing 
facility to test non-AMCA member products. In the July 2022 NOPR, DOE 
had estimated that 40 percent of fan manufacturers are not AMCA 
members. Id.
    In the July 2022 NOPR, DOE had expected that manufacturers could 
have substantial initial capital costs if they established a test 
laboratory capable of testing to the proposed test procedure; however, 
DOE had anticipated that the cost to perform a test would be less for 
in-house testing than for third-party testing. Id. In other words, DOE 
had expected that over the lifetime of a new test laboratory, the 
initial capital costs would be less than the total cost of third-party 
testing.
    In the July 2022 NOPR, DOE provided estimated costs for testing 
fans at third-party laboratories; however, based on stakeholder 
comments, DOE anticipates that the cost to perform a test would be less 
for in-house testing than for third-party testing. Id. DOE requested 
feedback on its assumption that it would cost an average of $4,200 to 
test one fan for both general fans and air circulating fans. DOE also 
requested feedback on the method described for estimating manufacturer 
per-model testing costs of general fans and air circulating fans. 
Additionally, DOE requested feedback and data on the total testing 
costs per basic model for testing at third-party facilities and on 
third-party laboratory testing costs (other than AMCA). Id.
    AMCA commented that testing for air circulating fans per AMCA 230 
would cost $1,420 per fan with an added cost of $350 per fan speed. 
(AMCA, No. 41 at p. 35) Additionally, AMCA provided an estimated cost 
of $6,300 to test a general fan. (AMCA, No. 41 at p. 40) New York 
Blower commented that the third-party testing costs were reasonable. 
(New York Blower, No. 33 at p. 22). AMCA, New York Blower, and Morrison 
commented that DOE did not consider the cost to ship fans to third-
party facilities in its estimated test costs. (AMCA, No. 41 at p. 40; 
New York Blower, No. 33 at p. 22; Morrison, No. 42 at p. 12).
    AMCA also commented that BESS Labs traditionally tests circulating 
fans; however, AMCA's policy is not to report on other organizations' 
pricing, so it did not provide details on BESS Labs and its testing 
programs. (AMCA, No. 41 at p. 40). JCI commented that there are limited 
laboratory facilities available for testing. (JCI, No. 34 at p. 1) DOE 
recognizes that third-party testing is currently not widely available 
and is not aware of any third-party testing facilities that can 
accommodate both general fans and air circulating fans aside from 
AMCA's testing facilities; therefore, DOE has updated its cost 
estimates to recognize that some fan manufacturers may need to build a 
test lab to test and certify fans according to the DOE test procedure.
    Based on DOE's additional evaluation, and from stakeholder 
comments, in this final rule, DOE presents costs for building an in-
house test facility to obtain representative efficiency values for fans 
and blowers according to the test procedure. As such, DOE has assumed 
that the in-house facilities would be connected to or within reasonable 
distance to the manufacturer production facility to eliminate the need 
to ship fans to the test lab. DOE has worked to minimize testing burden 
while maintaining the rigor of the test procedure is this final rule 
by: (1) requiring a minimal certification sample size of one unit per 
basic model, reduced from a minimum of two proposed in the July 2022 
NOPR (87 FR 44194, 44243); (2) requirements for testing with 
appurtenances is now consistent with AMCA 210-16 and AMCA 230-23, which 
allows manufacturers to use historical data; (3) clarifying the 
definition of a basic model that was proposed in the July 2022 NOPR (87 
FR 44194, 44213); and (4) allowing the use of AEDMs in lieu of testing. 
DOE addresses cumulative costs and burden and discusses its estimated 
test costs in detail in the following sections. Ultimately, DOE has 
determined that the costs to conduct the test procedure in this final 
rule do not outweigh the benefits and that the text procedure is not 
unduly burdensome for manufacturers to conduct.
1. Cumulative Costs and Burden
    In response to the July 2022 NOPR, stakeholders commented that 
cumulative testing costs and burden would be significant based on the 
proposed test procedure.
    Morrison commented that they estimate testing to take from 3 to 5 
years and would require expanding lab operation and personnel. 
(Morrison, No. 42 at p. 12) Morrison additionally stated that they 
would need to test each of their thousands of basic models two times. 
Id. Additionally, Morrison stated that by dedicating more time to 
testing, they would not be able to dedicate as much time to customer 
development or research and design. Id. AMCA commented that it would 
take longer than 180 days, and most likely years, for the industry to 
retest all fans, either at a third-party lab or at an in-house 
laboratory. (AMCA, No. 41 at pp. 40-41) AMCA also stated that the 
amount of time required to test fans is dependent on the number of 
basic models. Id. JCI stated that they expect the cumulative test cost 
to be in the tens of millions of dollars and to take 6 years to 
complete. (JCI, No. 34 at p.1) AHRI commented that it would likely take 
fan manufacturers longer than 180 days after the test procedure is 
finalized to begin certifying fans. (AHRI, No. 40 at pp. 9-11) New York 
Blower commented that the cumulative testing burden would be 
significant when the number of basic models, samples, and appurtenances 
are considered. (New York Blower, No. 33 at p. 4)
    New York Blower additionally commented that the proposed test 
procedure would not allow manufacturers to use historical test data and 
that manufacturers need to use historical test data to comply with 
standards in time. (New York Blower, No. 33 at p. 4)
    DOE understands the comments from stakeholders to be in response to 
DOE's

[[Page 27380]]

proposal in the July 2022 NOPR to require a minimum of two samples to 
rate a basic model. 87 FR 44194, 44243. Additionally, DOE recognizes 
that the concerns over test costs and burden may be in response to 
DOE's proposals for testing with appurtenances (87 FR 44194, 44226), 
testing air circulating fans at multiple speeds (87 FR 44194, 44227), 
and DOE's consideration of a WFEI metric for fans and blowers that are 
not air circulating fans (87 FR 44194, 44237-44238) in the July 2022 
NOPR.
    In response to stakeholder concerns regarding cumulative test costs 
and burden, DOE is providing the option to test a minimum of one unit, 
rather than two units, for rating and certification (see Section 
III.J). As discussed in section III.E.12, DOE is aligning the 
provisions for testing with appurtenances with industry test standards 
AMCA 214-21 and AMCA 230-23. Finally, DOE is requiring that air 
circulating fans be tested at a single speed, as discussed in section 
III.E.14 of this document. As a result, DOE expects that manufacturers 
may use historical test results and the cumulative test cost and the 
time required to test products will be substantially decreased.
    Furthermore, DOE notes that the deadline for manufacturers to 
comply with the test procedure 180 days after it is published is for 
voluntary representations, which is further discussed in section III.L 
of this document. If DOE were to set standards for general fans and air 
circulating fans, certification based on the sampling plan discussed in 
section III.J would be required on the compliance date of the standard, 
which could be between 3 and 5 years after the publication date of the 
energy conservation standards final rule.
    JCI commented that the cost of testing was underestimated and that 
DOE did not consider the cost of building prototypes for test. (JCI, 
No. 34 at p. 1) Robinson stated that DOE did not consider the cost of 
building a custom fan in duplicate to test (Robinson, No. 43 at p. 12). 
The test procedure that DOE is adopting is non-destructive, meaning 
that test does not alter the operation and performance of the fan; 
therefore, DOE does not see a reason for that a prototype or duplicate 
fan needs to be produced solely for testing DOE is not including the 
cost of the fan in its updated test procedure cost estimates.
2. Estimated Costs for Building and Testing of Fans and Blowers Other 
Than Air Circulating Fans at an In-House Facility
a. Capital Costs
    In the maximum-burden case where a fan manufacturer would be 
required to construct a test lab from scratch, manufacturers would be 
required to make capital outlays to acquire or build a testing facility 
and purchase test equipment. DOE has estimated costs for fans based on 
the AMCA 210-16 industry standard that DOE is referencing in this final 
test procedure. DOE estimated minimum and maximum costs, then used 
these two values to determine an average cost.
    To estimate the costs to build an in-house testing facility, DOE 
assumed a single-story building built in the U.S. using 2022 costs. DOE 
estimated test facility square footage by using information from 
manufacturers and by evaluating outlet duct setups in AMCA 210-16, with 
length and width buffers applied. DOE estimated an average floor area 
of 3,450 square feet.\124\ Using this average square footage value, DOE 
estimated a one-time building cost for warehouse and storage to be 
$321,000.\125\
---------------------------------------------------------------------------

    \124\ DOE used the AMCA 2012 general fans database to estimate 
the maximum diameter of a general fan. DOE then used the maximum 
diameter to determine the floor area necessary to build a main 
chamber and ductwork in accordance with the test set-ups in AMCA 
210-16 with a buffer of 5 times the estimated area. DOE calculated 
the average floor area to be 6,500 square feet, which DOE then used 
as the maximum square footage value. DOE used 400 square feet as the 
minimum floor area, which DOE determined from communication with 
manufacturers. DOE calculated the average of these two values to 
estimate an average floor area of 3,450 square feet ((6,500 + 400) / 
2 = 3,450).
    \125\ DOE estimated the building cost for warehouse and storage 
based on the RSMeans Facilities Construction Cost Data (2011). DOE 
then used the Federal Reserve Economic Data's ``Producer Price Index 
by Industry: Fan, Blower, Air Purification Equipment Manufacturing'' 
to account for inflation to 2022 prices. (https://fred.stlouisfed.org/series/PCU333413333413)
---------------------------------------------------------------------------

    DOE has identified that the test structure to test in accordance 
with AMCA 210-16 would consist of a traverse pitot duct and a main 
chamber. DOE has estimated that the average one-time cost for the 
traverse pitot duct and the main chamber would be $1,800.
    The test procedure for fans and blowers other than air circulating 
fans, which aligns with AMCA 210-16, requires pressure, flow, power, 
and air density to be measured or calculated by equipment with specific 
calibrations and accuracies. The cost of this test equipment is 
considered as a one-time cost. The pressure measurement requires a 
manometer and a pitot-static tube. DOE has estimated the average cost 
of a manometer to be $590 and the average cost of a pitot-static tube 
to be $290. Flow can also be measured with the pitot-static tube. 
According to AMCA 210-16, power can be determined indirectly or 
directly. The indirect determination of power requires force or torque 
measurements by either a reaction dynamometer or torque meter, 
respectively, and power is calculated using equations in AMCA 210-16. 
The direct measurement of power requires either a calibrated motor or 
an electric meter. DOE has assumed that a testing facility would have 
all equipment necessary to determine power either directly or 
indirectly (i.e., a reaction dynamometer, torque meter, calibrated 
motor and electric meter) to provide testing flexibility. This 
assumption is also the most conservative. DOE has estimated the average 
costs of a reaction dynamometer to be $5,700, a torque meter to be 
$1,600, a calibrated motor to be $1,700, and an electric meter to be 
$9,700. The air density is calculated using measurements of air 
temperature with a thermometer and pressure with a barometer. DOE has 
estimated the average costs of a thermometer to be $600 and a barometer 
to be $330. In sum, DOE has estimated that the cost to acquire all of 
the necessary test equipment to perform the general fans test procedure 
is, on average, $20,500.
    In total, DOE has estimated the average capital cost of building an 
in-house testing facility for fans as $343,300. DOE notes that some fan 
manufacturers have indicated they already have existing facilities and 
equipment to test general fans according to AMCA 210-16, which DOE 
references in this final test procedure.
b. Annual Costs
    DOE has estimated annual costs for operating a testing facility, 
which include utilities and equipment calibration. DOE has estimated 
that the annual utilities costs would be $8,000,\126\ based on the 
average floor area discussed in the previous section. Equipment would 
need to be calibrated

[[Page 27381]]

each year, which DOE has estimated to be $21,500 \127\ based on 2016 
calibration price lists from the National Institute of Standards and 
Technology (``NIST'').
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    \126\ DOE estimated the commercial utility costs to be $0.1122/
kWh using data from EIA's ``2021 Average Monthly Bill'' and 
commercial utility use to be 20.70 kWh/square foot using EIA's 
``2018 Commercial Buildings Energy Consumption Survey'' 
(www.eia.gov/electricity/sales_revenue_price/pdf/table5_b.pdf; 
https://www.eia.gov/consumption/commercial/data/2018/pdf/CBECS%202018%20CE%20Release%202%20Flipbook.pdf). DOE then calculated 
total average commercial utility costs to be $8,000 ($0.1122/kWh x 
20.70 kWh/square foot x 3,450 square feet = $8,013).
    \127\ DOE estimated the NIST calibration fee from www.nist.gov/system/files/documents/2016/10/31/FeeSchedule-2016.pdf. However, 
this catalog does not list calibration prices for the following 
equipment: manometer, pitot-static tube, and barometer; therefore, 
DOE used similar thermodynamic and mechanical type instruments that 
measure velocity of airflow and pressure from NIST.
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    In total, DOE has estimated the annual cost of operating an in-
house testing facility for general fans as approximately $29,500.
c. Testing Costs
    This final rule includes requirements regarding the sampling plan 
and representations for covered fans at subpart B of 10 CFR part 429. 
The sampling plan requirements require a minimum sample size of one 
unit per general fan basic model be tested when determining 
representative values of FEI, as well as other fan performance metrics.
    Fan test costs include the cost of labor to set-up, test, and 
disassemble the fan. DOE estimated that it would take an average of 4 
hours to set-up and disassemble a general fan and 2 hours to test a 
general fan, resulting in a total of 6 hours of labor per test. DOE has 
also assumed that a mechanical engineering technician would set-up and 
perform the testing. Based on wage and salary data from the Bureau of 
Labor Statistics (``BLS''), DOE has estimated a fully burdened hourly 
mechanical engineering technician wage of $43.\128\ DOE has calculated 
the total cost of labor for testing a general fan to be approximately 
$260 per basic model, assuming one fan is tested per basic model.
---------------------------------------------------------------------------

    \128\ DOE estimated the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2021'' publication. DOE 
used the ``Mechanical Engineering Technologies and Technicians'' 
mean hourly wage of $30.47 to estimate the hourly wage rate 
(www.bls.gov/oes/current/oes173027.htm). Last accessed on April 3, 
2023. DOE then used BLS's ``Employer Costs for Employee 
Compensation--December 2022'' to estimate that wages and salary 
account for approximately 70.5 of employer labor costs for private 
industry workers. (www.bls.gov/news.release/pdf/ecec.pdf). Last 
accessed on April 3, 2023. Therefore, DOE estimated a fully-burdened 
labor rate of $43 ($30.47 / 0.705 = $43.21).
---------------------------------------------------------------------------

d. AEDM Costs
    As previously discussed, an AEDM is a mathematical model developed 
by a manufacturer that estimates the energy efficiency or energy 
consumption characteristics of a basic model as measured by the 
applicable DOE test procedure. Before using an AEDM, a fan manufacturer 
must validate the AEDM's accuracy and reliability by physically testing 
two basic models and comparing the test results to the output of the 
AEDM (see discussion in III.I.3 of this document).
    In the July 2022 NOPR, DOE assumed a mechanical engineer would 
develop and validate a new AEDM. 87 FR 44194, 44243. DOE estimated that 
it would take 24 labor hours per validation class for an engineer to 
develop and validate an AEDM using existing simulation tools. Id. 87 FR 
at 44243-44244. DOE assumed a mechanical technician would implement an 
AEDM once it is developed. Id. DOE estimated that it would take a 
mechanical technician 1 hour to determine the representative values 
necessary to certify a basic model using an AEDM. Id.
    In response to the July 2022 NOPR, several stakeholders commented 
that DOE underestimated the time it would take to develop an AEDM and 
to develop certified ratings from that AEDM. AMCA provided a list of 
steps required to validate an AEDM and estimated that it would take 56 
working hours to develop an AEDM and 24 working hours to develop 
certified ratings. (AMCA, No. 41 at . 42) New York Blower commented 
that it would take between 100 and 200 working hours to develop an AEDM 
and 3 hours to develop certified ratings because using computational 
fluid dynamics to estimate fan performance is complex. (New York 
Blower, No. 33 at p. 23) Robinson suggested that it would take on the 
order of several days to weeks to develop an AEDM (Robinson, No. 43 at 
p. 12) Morrison commented that it would take at least 80 working hours 
to develop an AEDM. (Morrison, No. 42 at p. 13) Additionally, the same 
stakeholders commented that the development of certified ratings from 
an AEDM would need to be done by a mechanical engineer, not a 
mechanical technician. (AMCA, No. 41 at . 42; New York Blower, No. 33 
at p. 23; Robinson, No. 43 at p. 12; Morrison, No. 42 at p. 12)
    After considering stakeholder comments, DOE has updated the costs 
to develop, validate, and implement an AEDM. DOE used the values 
provided in stakeholder comments to estimate the labor hours required 
to develop, validate, and implement an AEDM. Additionally, DOE has 
updated its estimates to reflect stakeholder comments that a mechanical 
engineer would be required to complete all stages of the AEDM.
    For this final rule, DOE assumes a mechanical engineer would 
develop, validate, and implement a new AEDM. Based on wage and salary 
data from the BLS, DOE estimated the fully burdened hourly mechanical 
engineering wage to be approximately $66.\129\ Considering the values 
provided in stakeholder comments, DOE estimates an average of 128 labor 
hours per validation class for an engineer to develop and validate an 
AEDM for general fans using existing simulation tools. Therefore, DOE 
estimates the cost of a fully burdened mechanical engineer as 
approximately $8,500 per validation class. As discussed in section 
III.J.1, testing of two basic models is required to validate an AEDM 
for a specific validation class while one unit must be tested per basic 
model in order to validate an AEDM. Therefore, two physical tests on 
two different basic models are required for validation of a AEDM for 
general fans. As discussed previously, DOE estimates the labor cost per 
test to be $260. Therefore, the total estimated manufacturer labor cost 
to develop and validate an AEDM for a single validation class is 
estimated to be $9,020 which is the cost to perform one test on two 
basic models ($520) plus the fully burdened cost of a mechanical 
engineer's time to develop and validate the AEDM ($8,500).
---------------------------------------------------------------------------

    \129\ DOE estimated the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2021'' publication. DOE 
used the ``Mechanical Engineers'' mean hourly wage of $46.64 to 
estimate the hourly wage rate (www.bls.gov/oes/current/oes172141.htm). Last accessed on April 3, 2023. DOE then used BLS's 
``Employer Costs for Employee Compensation--December 2022'' to 
estimate that wages and salary account for approximately 70.5 
percent of employer labor costs for private industry workers. 
(www.bls.gov/news.release/pdf/ecec.pdf). Last accessed on April 3, 
2023. Therefore, DOE estimated a fully-burdened labor rate of $66 
($46.64 / 0.705 = $66.16).
---------------------------------------------------------------------------

    DOE also assumes a mechanical engineer will implement an AEDM once 
it is developed. Using the values provided in stakeholder comments, DOE 
estimates that it would take a mechanical engineer an average of 14 
labor hours to determine the representative values necessary to certify 
a basic model using an AEDM. Therefore, the estimated cost to implement 
an AEDM to develop certified ratings is $950 per basic model.
    In response to the July 2022 NOPR, AMCA and Robinson commented that 
not all manufacturers have the simulation tools necessary to validate 
and implement an AEDM. (AMCA, No. 41 at . 42; Robinson, No. 43 at pp. 
11-12) DOE acknowledges that computational fluid dynamics (``CFD'') 
software is necessary to validate and implement an AEDM for fans and 
blowers and has concluded that the cost to purchase the software should 
be included as an AEDM one-time cost.

[[Page 27382]]

Robinson estimated that the investment in hardware and software would 
be on the order of $125,000. (Robinson, No. 43 at p. 11)DOE reviewed 
CFD prices online and found a CFD free of cost,\130\ so used $0 as its 
minimum CFD cost and the estimate from Robinson as the maximum cost for 
CFD software. DOE averaged these two values to determine an average CFD 
software cost of $62,500. DOE estimated the cost of a workstation with 
the necessary system requirements to run CFD software to be $3,000, 
with a minimum of $1,000 and a maximum of $5,000; however, DOE notes 
that many CFD software packages are cloud-and license-based. DOE has 
estimated the average cost of CFD software and compatible hardware to 
be $65,500 (62,500 + 3,000 = 65,500).
---------------------------------------------------------------------------

    \130\ openfoam.org/
---------------------------------------------------------------------------

3. Estimated Costs for Building and Testing Air Circulating Fans at an 
In-House Facility
    In response to the July 2022 NOPR, DOE only received comment from 
AMCA containing cost estimates for testing air circulating fans at a 
third-party laboratory. To estimate the costs for testing air 
circulating fans, DOE used the comment received, its own testing 
experience with these fans, information provided by manufacturers 
during interviews, and in some cases made assumptions relative to the 
values estimated for general fans.
a. Capital Costs
    In the maximum-burden case where ACF manufacturers would have to 
construct a test lab from scratch, manufacturers would be required to 
make capital outlays to acquire or construct a test facility and 
purchase test equipment. DOE has estimated its test costs for ACFs 
based on the AMCA 230-23 industry standard that DOE is referencing in 
this final rule. DOE estimated a minimum and maximum costs, then used 
these two values to determine an average cost.
    To estimate building costs of an in-house testing facility, DOE 
assumed a single-story building in the U.S. using 2022 costs. DOE 
estimated test facility square footage by using information from 
manufacturers and by evaluating standard setups in AMCA 230-23, with 
length and width buffers applied. DOE estimated an average floor area 
315 square feet.\131\ Using this average square footage value, DOE has 
estimated one-time building cost for warehouse and storage to be 
$29,300.
---------------------------------------------------------------------------

    \131\ DOE used its air circulating fan database to estimate the 
average and maximum diameter of an ACF to be 40 inches and 61 
inches, respectively. DOE then used these diameters to determine the 
floor area necessary to build a test structure for each fan in 
accordance with the test set-ups in AMCA 230-23 with a buffer of 
1.2. DOE calculated the average floor area to be 180 square feet and 
the maximum floor area to be 430 square feet. DOE then took the 
average of these two values to estimate that the average floor area 
would be 315 square feet ((180 + 430) / 2 = 315).
---------------------------------------------------------------------------

    DOE has identified that the test structure to test in accordance 
with AMCA 230-23 would consist of a lever arm and a test station. DOE 
has estimated that the average one-time cost for the lever arm and the 
test station would be $400.
    The test procedure for ACFs, which aligns with AMCA 230-23, 
requires thrust, power, and air density to be measured or calculated by 
equipment with specific calibrations and accuracies. The cost of this 
test equipment is considered as a one-time cost. According to the test 
procedure, thrust can be measured with a load cell or standard weights. 
DOE has assumed that a testing facility should be equipped with both 
equipment types to accommodate various testing configurations and to 
take a conservative approach. DOE has estimated the cost of a load cell 
to be $1,500 and a set of standard weights to be $1,300. The power 
measurement is taken directly from an electric meter, which DOE has 
estimated to cost $9,700. The air density is calculated using 
measurements of air temperature with a thermometer and pressure with a 
barometer. DOE has estimated the costs of a thermometer to be $600 and 
a barometer to be $330. In sum, DOE has estimated that the cost to 
acquire all the necessary test equipment to perform the ACF test 
procedure is, on average, $13,430.
    In total, DOE has estimated the capital cost of building an in-
house testing facility for ACFs, on average, as $43,130. DOE notes that 
some fan manufacturers have indicated they already have existing 
facilities and equipment to test ACFs according to AMCA 230-23, which 
DOE references in this final test procedure.
b. Annual Costs
    DOE has estimated annual costs for operating a testing facility, 
which include utilities and equipment calibration. DOE has estimated 
that the annual utilities costs would be $730,\132\ based on the 
average floor area discussed in the previous section. Equipment would 
need to be calibrated each year, which DOE has estimated to be $16,600 
based on 2016 calibration price lists from NIST.\133\
---------------------------------------------------------------------------

    \132\ DOE estimated the commercial utility costs to be $0.11/kWh 
using data from EIA's ``2021 Average Monthly Bill'' and commercial 
utility use to be 20.70 kWh/square foot using EIA's ``2018 
Commercial Buildings Energy Consumption Survey'' (www.eia.gov/electricity/sales_revenue_price/pdf/table5_b.pdf; www.eia.gov/consumption/commercial/data/2018/ppt/CBECS%202018%20C&E%20Flipbook.ppt). DOE then calculated total 
average commercial utility costs to be $730 ($0.1122/kWh x 20.70 
kWh/square foot x 315 square feet = $731).
    \133\ DOE estimated the NIST calibration fee from www.nist.gov/system/files/documents/2016/10/31/FeeSchedule-2016.pdf. However, 
this catalog does not list calibration prices for barometers; 
therefore, DOE used pricing for similar thermodynamic instruments.
---------------------------------------------------------------------------

    In total, DOE has estimated the annual cost of operating an in-
house testing facility for ACFs as approximately $17,330.
c. Testing Costs
    This final rule includes requirements regarding the sampling plan 
and representations for covered air circulating fans at subpart B of 10 
CFR part 429. The sampling plan requires a minimum sample size of one 
unit per ACF basic model be tested when determining representative 
values of CFM/W, as well as other general fan performance metrics. Test 
costs include the cost of labor to set-up, test, and disassemble the 
fan. DOE estimated that it would take an average of 4 hours to set-up 
and disassemble a fan and 2 hours to test a fan, resulting in a total 
of 6 hours of labor per test. DOE has also assumed that a mechanical 
engineering technician would set-up and perform the testing. Based on 
wage and salary data from the BLS, DOE has estimated a fully burdened 
mechanical engineering technician wage of $44 per hour.\134\ DOE has 
calculated the total cost of labor for testing an ACF to be 
approximately $260 per basic model.
---------------------------------------------------------------------------

    \134\ DOE estimated the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2021'' publication. DOE 
used the ``Mechanical Engineering Technologies and Technicians'' 
mean hourly wage of $30.47 to estimate the hourly wage rate 
(www.bls.gov/oes/current/oes173027.htm). Last accessed on April 3, 
2023. DOE then used BLS's ``Employer Costs for Employee 
Compensation--December 2022'' to estimate that wages and salary 
account for approximately 70.5 percent of employer labor costs for 
private industry workers. (www.bls.gov/news.release/pdf/ecec.pdf). 
Last accessed on April 3, 2023. Therefore, DOE estimated a fully-
burdened labor rate of $43 ($30.47 / 0.705 = $43.21).
---------------------------------------------------------------------------

d. AEDM Costs
    As discussed previously in section III.M.2.d of this document, DOE 
assumes that a mechanical engineer would develop, validate, and 
implement a new AEDM. Based on wage and salary data from the BLS, DOE 
estimated the fully burdened mechanical engineering wage to be 
approximately $66 per

[[Page 27383]]

hour.\135\ Since product lines for air circulating fans are less 
complex than those for general fans, DOE also estimates that it would 
take roughly half the time to develop an AEDM for ACFs than it would to 
develop an AEDM for general fans; therefore, DOE assumed 62 labor hours 
per validation class for an engineer to develop and validate an AEDM 
for ACFs fans using existing simulation tools. Therefore, DOE estimates 
the cost of a fully burdened mechanical engineer as approximately 
$4,100 per validation class. As discussed in section III.I.1, testing 
of two basic models is required to validate an AEDM for a specific 
validation class. One unit must be tested per basic model in order to 
validate an AEDM. Therefore, two physical tests on two different basic 
models are required for validation of an ACF AEDM. As discussed in the 
previous section, DOE estimates the labor cost per test to be $260. 
Therefore, the total estimated manufacturer labor cost to develop and 
validate an AEDM for a single validation class is estimated to be 
$4,620, which is the cost to perform one test on two basic models 
($520) plus the fully burdened cost of a mechanical engineer's time to 
develop and validate the AEDM ($4,100).
---------------------------------------------------------------------------

    \135\ DOE estimated the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2021'' publication. DOE 
used the ``Mechanical Engineers'' mean hourly wage of $46.64 to 
estimate the hourly wage rate (www.bls.gov/oes/current/oes172141.htm). DOE then used BLS's ``Employer Costs for Employee 
Compensation--June 2022'' to estimate that wages and salary account 
for approximately 70.5 percent of employer labor costs for private 
industry workers. (www.bls.gov/news.release/pdf/ecec.pdf). Last 
accessed on April 3, 2023. Therefore, DOE estimated a fully-burdened 
labor rate of $66 ($46.64 / 0.705 = $66.16).
---------------------------------------------------------------------------

    DOE also assumes a mechanical engineer would implement an AEDM once 
it is developed. DOE estimates that it would take a mechanical engineer 
7 labor hours to determine the representative values necessary to 
certify a basic model using an AEDM. Therefore, the estimated cost to 
implement an AEDM to develop certified ratings for ACFs is $460 per 
basic model.
    Additionally, DOE acknowledges that computational fluid dynamics 
software is necessary to validate and implement an AEDM and has 
concluded that the cost to purchase the software should be included as 
a one-time cost to use AEDMs. Software and hardware requirements and 
estimated cost are expected to be similar to that estimated for general 
fans (i.e., $63,000).
e. Voluntary Representations
    Manufacturers of fans included within the scope of the test 
procedure adopted in this final rule would not be required to test fans 
and blowers in accordance with the DOE test procedure until the 
compliance date of a final rule adopting new energy conservation 
standards for fans and blowers. If manufacturers are currently 
reporting FEI for fans and blowers that are not air circulating fans or 
CFM/W for air circulating fans, they would need to ensure that the 
product is tested using the DOE test procedure and any representations 
in their marketing materials disclose the results of such test.\136\ 
Although DOE is not requiring manufacturers to report FEI for fans and 
blowers that are not air circulating fans or CFM/W for air circulating 
fans prior to the compliance date of any new efficiency standards, DOE 
is assuming that manufactures may incur additional costs to remove or 
add FEI or CFM/W to their marketing materials to effect voluntary 
representations prior to the compliance date and independent of any new 
efficiency standards.
---------------------------------------------------------------------------

    \136\ If manufacturers voluntarily make representations 
regarding the FEI of fans and blowers that are not air circulating 
fans or CFM/W of air circulating fans, they would be required to 
test according to the DOE test procedure. See 42 U.S.C 6314(d)(1)
---------------------------------------------------------------------------

    DOE anticipates that manufacturers currently making voluntary 
representations would update their online selection software, online 
catalogs, and product labels to remove or update efficiency 
representations in accordance with the DOE test procedure. DOE assumes 
that manufacturers would only need to update future print marketing 
materials, rather than create new materials as a result of the test 
procedure. DOE estimates that this effort would consist of no more than 
an hour of time for a graphic designer, along with two hours of time 
for a web developer, and one hour for a mechanical engineering 
technician--for a cost of approximately $195.01--per manufacturer.\137\ 
If manufacturers decide to voluntarily test their products to provide 
an updated representation, manufacturers would incur the previously 
estimated testing costs along with this marketing materials related 
cost.
---------------------------------------------------------------------------

    \137\ Graphic designer salary of $28.83 per hour, web developer 
salary of $39.09 per hour, and mechanical technician salary of 
$29.07 per hour. Wages account for 70.5 percent of employer labor 
costs. DOE estimated the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2021'' publication for each 
occupation (www.bls.gov/oes/current/oes172141.htm). Last accessed on 
April 3, 2023. DOE then used BLS's ``Employer Costs for Employee 
Compensation--December 2022'' to estimate that wages and salary 
account for approximately 70.5 percent of employer labor costs for 
private industry workers. (www.bls.gov/news.release/pdf/ecec.pdf). 
Last accessed on April 3, 2023. ($28.83 + $39.09 * 2 + $30.47)/0.705 
= $195.01.
---------------------------------------------------------------------------

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'')12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011) and E.O. 
14094, ``Modernizing Regulatory Review,'' 88 FR 21879 (April 11, 2023), 
requires agencies, to the extent permitted by law, to (1) propose or 
adopt a regulation only upon a reasoned determination that its benefits 
justify its costs (recognizing that some benefits and costs are 
difficult to quantify); (2) tailor regulations to impose the least 
burden on society, consistent with obtaining regulatory objectives, 
taking into account, among other things, and to the extent practicable, 
the costs of cumulative regulations; (3) select, in choosing among 
alternative regulatory approaches, those approaches that maximize net 
benefits (including potential economic, environmental, public health 
and safety, and other advantages; distributive impacts; and equity); 
(4) to the extent feasible, specify performance objectives, rather than 
specifying the behavior or manner of compliance that regulated entities 
must adopt; and (5) identify and assess available alternatives to 
direct regulation, including providing economic incentives to encourage 
the desired behavior, such as user fees or marketable permits, or 
providing information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this final regulatory action is 
consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final

[[Page 27384]]

regulatory action does not constitute a ``significant regulatory 
action'' under section 3(f) of E.O. 12866. Accordingly, this action was 
not submitted to OIRA for review under E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (FRFA) for any 
final rule where the agency was first required by law to publish a 
proposed rule for public comment, unless the agency certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities. As required by Executive Order 
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,'' 
67 FR 53461 (August 16, 2002), DOE published procedures and policies on 
February 19, 2003, to ensure that the potential impacts of its rules on 
small entities are properly considered during the DOE rulemaking 
process. 68 FR 7990. DOE has made its procedures and policies available 
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003.
    DOE has determined that the only non-voluntary costs imposed by 
this test procedure would be changes to marketing materials for 
companies currently making efficiency representations--constituting 
$195.01 per manufacturer as estimated previously. This cost is not 
expected to differ between small and large manufacturers. The testing 
costs estimated previously would either be imposed following possible 
new energy conservation standards on covered fans and blowers or 
voluntarily undertaken by manufacturers. As such, DOE has concluded 
that there would not be significant economic impact on small entities 
as a result of this test procedure. Still, although such is not 
currently required, DOE has recently conducted a focused inquiry into 
small business manufacturers of the fans and blowers covered by this 
rulemaking in relation to the test procedure related costs that would 
be imposed as a result of possible future energy conservation 
standards.
    DOE used the Small Business Administration (SBA) size standards to 
determine whether any small entities would be subject to the 
requirements of the proposed rule. The small business size standards 
are listed by North American Industry Classification System (``NAICS'') 
code as well as by industry description and are available at 
www.sba.gov/document/support--table-size-standards. Manufacturing 
commercial and industrial fans and blowers is classified under NAICS 
333413, ``Industrial and Commercial Fan and Blower and Air Purification 
Equipment Manufacturing.'' The SBA sets a threshold of 500 employees or 
fewer for an entity to be considered as a small business for this 
category. DOE used a combination of publicly available information and 
a private stakeholder database to create a list of potential 
manufacturers. DOE additionally referenced manufacturer lists for 
similar products derived from Compliance Certification Database.\138\ 
Once DOE created a list of potential manufacturers, DOE used market 
research tools to determine whether any met the SBA's definition of a 
small entity, based on the total number of employees for each company 
including parent, subsidiary, and sister entities.
---------------------------------------------------------------------------

    \138\ U.S. Department of Energy Compliance Certification 
Database, available at www.regulations.doe.gov/certification-data/products.html.
---------------------------------------------------------------------------

    Based on DOE's analysis, over 200 companies potentially selling 
commercial and industrial fans and blowers covered by this proposed 
test procedure were identified. DOE screened out companies that do not 
meet the small entity definition and additionally screened out 
companies that are largely or entirely foreign owned and operated. Of 
the identified companies, 51 were further identified as a potential 
small business manufacturing commercial and industrial fans and 
blowers. Through a review of each business' respective website DOE 
established that 20 of the 51 businesses were distinct OEMs directly 
producing covered equipment. Below is a discussion of the various 
potential testing costs associated with these small manufacturers and 
potential future energy conservation standards for fans and blowers.
1. Creation of Testing Facility--General Fans
    DOE does not expect costs for a test facility to differ between 
large and small businesses. As outlined in section III.M of this 
document, DOE estimated the capital investment for a new general fan 
testing facility and equipment to be $343,300 along with approximately 
$8,000 in yearly utility costs and $21,500 in yearly calibration costs.
2. AEDM Creation and Testing Costs--General Fans
    DOE likewise does not expect that general fan per model in-house 
testing costs or AEDM creation costs would differ between large and 
small manufacturers. As outlined in section III.M, DOE estimated the 
average total labor cost of testing a covered general fan to be $260 
per model (Which will need to be done for two basic models per 
validation class) and approximately $8,700 to develop the AEDM for a 
validation class--for a total of $9,220.
    Due to the lack of a model database and the large number of 
potential small businesses, DOE reviewed the websites and, where 
available, the product catalogs of each of the small businesses 
manufacturers. While detailed product information was not availiable 
for three of the sampled small businesses, DOE identified, maximally, 
2,709 models of commercial and industrial fans and blowers that are 
covered by the proposed test procedure across the remaining 17 small 
businesses. The number of models identified ranged from 7 to 636 across 
the applicable manufacturers, for an average of 159 and a median of 40 
models per manufacturer. Across all 20 small business manufacuters, DOE 
estimates that 65 AEDMs would be required--with manufacturers offering 
between one and six of the general fans categories covered by this 
rulemaking, for a median value of two. Accordingly, DOE has estimated 
that total unit testing and AEDM creation costs would be $599,300 for 
all small businesses.
3. Creation of Testing Facility--Air Circulating Fans
    DOE does not expect costs for a test facility for air circulating 
fans to differ between large and small businesses. As outlined in 
section III.M of this document, DOE estimated the capital investment 
for a new air circulating fans testing facility and equipment to be 
$43,130 on average, along with approximately $730 in yearly utility 
costs and $16,660 in yearly calibration costs.
4. AEDM Creation and Testing Costs--Air Circulating Fans
    DOE likewise does not expect that air circulating fans per model 
in-house testing costs or AEDM creation costs would differ between 
large and small manufacturers. As outlined in section III.M of this 
document, DOE estimated the average total labor cost of testing a 
covered general fan to be $260 per model (Which will need to be done 
for two basic models per validation class) and approximately $4,100 to 
develop the AEDM for a validation class--for a total of $4,620.
    Out of the 20 small business manufacturers identified, four produce

[[Page 27385]]

covered air circulating fans in addition to general fans. The number of 
models offered range from four to 30 and each of these small businesses 
only offers one validation category of air circulating fan. 
Accordingly, all four small businesses would incur an aggregate 
additional $18,480 in testing and AEDM creation costs.
5. Total Costs
    Total potential costs to the identified small businesses would be 
approximately $7,244,000 and the average cost would be approximately 
$381,260. 16 of the small businesses would also incur an average of 
$8,000 in yearly utility costs and $21,500 in yearly calibration costs 
and four of small businesses would incur around $8,730 in yearly 
utility costs and $38,160 in yearly calibration costs. DOE was able to 
find annual revenue estimates for 19 of the small businesses. Estimated 
one-time testing costs as a pecentage of estimated annual revenue range 
widely--from less than one 0.4 percent to 44.6 percent--for an average 
of approximately 7.7 percent. Additionally, Manufacturers would not be 
required to test their products according to the DOE test procedure 
unless and until possible new energy conservation standards are 
established. Manufacturers would need to test their products according 
to the DOE test procedure if they wish to make representations about 
efficiency in their marketing material--as mentioned previously, 
updating marketing materials is expected to cost $195.01.
6. Certification Statement
    As noted previously, almost no non-voluntary costs are anticipated 
as a result of this rulemaking--since testing would not be required 
unless and until new energy conservation standards are established for 
covered fans and blowers. Based on the de minimis cost impacts, DOE 
certifies that this final rule does not have a ``significant economic 
impact on a substantial number of small entities,'' and determined that 
the preparation of a FRFA is not warranted. DOE will transmit a 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Although no energy conservation standards have been established for 
fans and blowers as of the publication of this final rule, 
manufacturers of fans and blowers would need to certify to DOE that 
their products comply with any potential future applicable energy 
conservation standards. To certify compliance, manufacturers must first 
obtain test data for their equipment according to the DOE test 
procedures, including any amendments adopted for those test procedures. 
DOE has established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including fans and blowers. (See generally 10 CFR part 429.) 
The collection-of-information requirement for the certification and 
recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (``PRA''). This requirement has been approved 
by OMB under OMB control number 1910-1400. Public reporting burden for 
the certification is estimated to average 35 hours per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Certification data will be required for fans and blowers; however, 
DOE is not establishing certification or reporting requirements for 
fans and blowers in this final rule. Instead, DOE may consider 
proposals to establish certification requirements and reporting for 
fans and blowers under a separate rulemaking regarding appliance and 
equipment certification. DOE will address changes to OMB Control Number 
1910-1400 at that time, as necessary.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE establishes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for fans and blowers. DOE has determined that 
this rule falls into a class of actions that are categorically excluded 
from review under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part 
1021. Specifically, DOE has determined that adopting test procedures 
for measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE examined this final 
rule and determined that it will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this final rule. States can petition 
DOE for exemption from such preemption to the extent, and based on 
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is 
required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct

[[Page 27386]]

while promoting simplification and burden reduction; (4) specifies the 
retroactive effect, if any; (5) adequately defines key terms; and (6) 
addresses other important issues affecting clarity and general 
draftsmanship under any guidelines issued by the Attorney General. 
Section 3(c) of Executive Order 12988 requires Executive agencies to 
review regulations in light of applicable standards in sections 3(a) 
and 3(b) to determine whether they are met or it is unreasonable to 
meet one or more of them. DOE has completed the required review and 
determined that, to the extent permitted by law, this final rule meets 
the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at www.energy.gov/gc/office-general-counsel. DOE examined this final 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

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

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

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

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

K. Review Under Executive Order 13211

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

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The modifications to the test procedure for fans and blowers 
adopted in this final rule incorporates testing methods contained in 
certain sections of the following commercial standards: AMCA 214-21, 
AMCA 210-16, AMCA 230-23, AMCA 240-15, ISO 5801:2017, ISO 80079-
36:2016, and UL 705. DOE has evaluated these standards and is unable to 
conclude whether it fully complies with the requirements of section 
32(b) of the FEAA (i.e., whether it was developed in a manner that 
fully provides for public participation, comment, and review.) DOE has 
consulted with both the Attorney General and the Chairman of the FTC 
about the impact on competition of using the methods contained in these 
standards and has received no comments objecting to their use.

[[Page 27387]]

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    In this final rule, DOE incorporates by reference the following 
test standards:
    AMCA 214-21 is an industry-accepted test procedure that provides 
methods to determine fan electrical shaft power and/or electrical 
power, flow, and pressure and calculate the fan energy index (FEI) and 
is applicable to product sold in North America. AMCA 214-21 specifies 
testing conducted in accordance with other industry-accepted test 
procedures (also proposed for incorporation by reference). The test 
procedure established by this final rule references various sections of 
AMCA 214-21 that address test setup, test conduct, and calculation of 
the FEI for fans and blowers other than air circulating fans.
    AMCA 210-16 and AMCA 230-23 are industry-accepted test procedures 
that provides methods of tests for fans and blowers other than air 
circulating fans, and air circulating fans, respectively, in the United 
States. These methods are referenced in AMCA 214-21.
    AMCA 240-15 is an industry-accepted test procedure that provides 
definitions and methods of tests for positive pressure ventilator.
    Copies of AMCA 214-21, AMCA 210-16, AMCA 230-23, and AMCA 240-15, 
may be purchased from AMCA International at 30 West University Drive, 
Arlington Heights, IL 60004-1893, or by going to www.amca.org.
    ISO 5801:2017 is the industry-accepted test procedure that provides 
methods of tests for fans and blowers that are not air circulating 
fans, internationally.
    ISO 80079-36:2016, specifies the method and requirements for 
design, construction, testing and marking of non-electrical equipment 
intended for use in potentially explosive atmospheres.
    Copies of ISO 5801:2017 and ISO 80079-36:2016 may be purchased from 
International Organization for Standardization, Chemin de Blandonnet 8, 
CP 401, 1214 Vernier, Geneva, Switzerland, or by going to www.iso.org.
    UL 705-22 provides safety requirements for power ventilators.
    Copies of UL 705-2022 can be obtained from UL, 333 Pfingsten Road, 
Northbrook, IL, 60062 or www.shopulstandards.com.

V. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation test procedures, Incorporation by 
reference, and Reporting and recordkeeping requirements.

Signing Authority

    This document of the Department of Energy was signed on April 20, 
2023, by Francisco Alejandro Moreno, 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 April 20, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends parts 429 and 
431 of Chapter II of Title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

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


Sec.  429.11  [Amended]

0
2. Section 429.11 is amended in paragraphs (a) and (b)(1) by removing 
``429.68'' and adding in its place ``429.69''.

0
3. Add Sec.  429.69 to subpart B to read as follows:


Sec.  429.69  Fans and blowers.

    (a) Determination of represented values of fans and blowers other 
than air circulating fans. A manufacturer must determine the 
represented values for each basic model, either by testing in 
conjunction with the applicable sampling provisions or by applying an 
AEDM as set forth in this section and in Sec.  429.70(n). Manufacturers 
must update represented values to account for any change in the 
applicable motor standards in Table 5 of Sec.  431.25 of this chapter 
and certify amended values as of the next annual certification (as 
applicable).
    (1) Testing. (i) If the represented values for a given basic model 
are determined through testing, a sample of at least one unit must be 
selected and the requirements of Sec.  429.11 apply.
    (ii) If only one unit is tested, at each duty point characterized 
by a flow and speed value, any represented value of fan electrical 
input power (``FEP''), fan shaft input power, or other measure of 
energy consumption of a basic model for which consumers would favor 
lower values shall be greater than or equal to the tested value. 
Represented values must be rounded to the nearest hundredth.
    (iii) If only one unit is tested, at each duty point characterized 
by a flow and speed value, any represented value of fan electrical 
input power (``FEI''), or other measure of energy consumption of a 
basic model for which consumers would favor higher values shall be less 
than or equal to the tested value. Represented values must be rounded 
to the nearest hundredth.
    (iv) If more than one unit is tested, at each duty point 
characterized by a flow and speed value, any represented value of fan 
electrical input power (``FEP''), fan shaft input power, or other 
measure of energy consumption of a basic model for which consumers 
would favor lower values shall be greater than or equal to the higher 
of:
    (A) The mean of the sample, where
    [GRAPHIC] [TIFF OMITTED] TR01MY23.374
    
    Where is x the sample mean; n is the number of samples, and xi is 
the i\th\ sample. Or,
    (B) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.05, where:

[[Page 27388]]

[GRAPHIC] [TIFF OMITTED] TR01MY23.375

    and x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.95 is the t statistic for a 95 
percent one-tailed confidence interval with n-1 degrees of freedom 
(from appendix A of subpart B of this part). Represented values must be 
rounded to the nearest hundredth.
    (v) If more than one unit is tested, any represented value of the 
fan energy index (``FEI''), or other measure of energy consumption of a 
basic model for which consumers would favor higher values shall be less 
than or equal to the lower of:
    (A) The mean of the sample, where
    [GRAPHIC] [TIFF OMITTED] TR01MY23.376
    
    Where x is the sample mean; n is the number of samples, and xi is 
the i\th\ sample. Or,
    (B) The lower 95 percent confidence limit (LCL) of the true mean 
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR01MY23.377

    and x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.95 is the t statistic for a 95 
percent one-tailed confidence interval with n-1 degrees of freedom 
(from appendix A of subpart B of this part). Represented values must be 
rounded to the nearest hundredth.
    (vi) At each duty point characterized by a flow and speed value, 
the representative value of static or total pressure of a basic model 
of must be the mean of the tested static or total pressure for each 
tested unit. If only one unit is tested, the representative value of 
static or total pressure at the duty point of a basic model is the 
tested value.
    (2) Alternative efficiency determination methods. In lieu of 
testing, the represented values for a basic model must be determined 
through the application of an AEDM pursuant to the requirements of 
Sec.  429.70(n) and the provisions of this section, where: the 
represented values of any basic model used to validate an AEDM must be 
calculated under paragraph (b)(1) of this section.
    (b) Determination of represented values for air circulating fans. A 
manufacturer must determine the represented values for each basic 
model, either by testing in conjunction with the applicable sampling 
provisions or by applying an AEDM as set forth in this section and in 
Sec.  429.70(n).
    (1) Testing. (i) If the represented values for a given basic model 
are determined through testing, the requirements of Sec.  429.11 apply.
    (ii) Any represented value of fan electrical input power 
(``WE''), or other measure of energy consumption of a basic 
model for which consumers would favor lower values shall be greater 
than or equal to the higher of:
    (A) The mean of the sample, where
    [GRAPHIC] [TIFF OMITTED] TR01MY23.378
    
    Where x is the sample mean; n is the number of samples, and xi is 
the i\th\ sample. Or,
    (B) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR01MY23.379

    and x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.95 is the t statistic for a 95 
percent one-tailed confidence interval with n-1 degrees of freedom 
(from appendix A of subpart B of this part). Represented values must be 
rounded to the nearest hundredth.
    (iii) Any represented value of efficacy (Effcirc) or 
other measure of energy consumption of a basic model for which 
consumers would favor higher values shall be less than or equal to the 
lower of:
    (A) The mean of the sample, where
    [GRAPHIC] [TIFF OMITTED] TR01MY23.380
    
    Where x is the sample mean; n is the number of samples, and xi is 
the i\th\ sample. Or,
    (B) The lower 95 percent confidence limit (LCL) of the true mean 
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR01MY23.381

    and x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.95 is the t statistic for a 95 
percent one-tailed confidence interval with n-1 degrees of freedom 
(from appendix A of subpart B of this part). Represented values must be 
rounded to the nearest hundredth.
    (2) Alternative efficiency determination methods. In lieu of 
testing, the represented values for a basic model must be determined 
through the application of an AEDM pursuant to the requirements of 
Sec.  429.70(n) and the provisions of this section, where: the 
represented values of any basic model used to validate an AEDM must be 
calculated under paragraph (b)(1) of this section.

0
4. Amend Sec.  429.70 is amended by:
0
a. In paragraph (a), removing ``429.65'' and, adding its place, 
``429.69''; and
0
b. Adding paragraph (n).
    The additions reads as follows:


Sec.  429.70  Alternative methods for determining energy efficiency or 
energy use.

* * * * *
    (n) Alternative efficiency determination method (AEDM) for fans and 
blowers. (1) Criteria an AEDM must satisfy. A manufacturer is not 
permitted to apply an AEDM to a basic model of fan or blower to 
determine represented values pursuant to this section unless:
    (i) The AEDM is derived from a mathematical model that estimates 
the energy use characteristics of the basic model as measured by the 
applicable DOE test procedure and accurately represents the performance 
characteristics of that basic model;
    (ii) The AEDM is based on engineering or statistical analysis, 
computer simulation or modeling, or other analytic evaluation of actual 
performance data; and
    (iii) The manufacturer has validated the AEDM in accordance with 
paragraph (n)(2) of this section.
    (2) Validation of an AEDM. Before using an AEDM, the manufacturer 
must validate the AEDM's accuracy and reliability by comparing the 
simulated FEI, or simulated efficacy, as applicable, to the tested FEI 
or tested efficacy, as applicable (determined by testing), as follows.
    (i) Select basic models. For each fan or blower validation class 
listed as follows: centrifugal housed fan; radial housed fan; 
centrifugal inline fan; centrifugal unhoused fan; centrifugal power 
roof ventilator exhaust fan; centrifugal power roof ventilator supply 
fan; axial inline fan; axial panel fan; axial centrifugal power roof 
ventilator fan; unhoused ACFH; axial housed ACFH; and housed 
centrifugal air circulating fan to which the AEDM is applied, a 
manufacturer must select at least two basic models compliant with any 
energy conservation standards in subpart J of part 431 of this chapter. 
In addition, at least one basic model selected for validation testing 
should include a motor, or a motor and controller if the AEDM is 
applied to a basic model with a motor or to a basic model with a motor 
and controller.
    (ii) Apply the AEDM to the selected basic models. Using the AEDM,

[[Page 27389]]

calculate the simulated FEI, or efficacy, as applicable, for each of 
the selected basic models.
    (iii) Testing. Test a sample of units of each of the selected basic 
models in accordance with 10 CFR 431.174 and determine the FEI or 
efficacy, as applicable, in accordance with Sec.  429.69(a)(1) and 
(b)(1) as applicable.
    (iv) Compare. The simulated FEI or simulated efficacy, as 
applicable, for each basic model must be less than or equal to 105 
percent of the FEI or efficacy, as applicable, determined in paragraph 
(n)(2)(iii) of this section through testing.
    (v) Additional AEDM requirements. When making representations of 
values other than FEI (e.g., FEP, fan shaft power) or efficacy (as 
applicable) for a basic model that relies on an AEDM, all other 
representations are required to be based on the same AEDM results used 
to generate the represented value of FEI or efficacy.
    (3) Verification of an AEDM--(i) Periodic reviews. Each 
manufacturer must periodically select basic models representative of 
those to which it has applied an AEDM. The manufacturer must select a 
sufficient number of basic models to ensure the AEDM maintains its 
accuracy and reliability. For each basic model selected for 
verification: subject at least one unit to testing in accordance with 
10 CFR 431.174. The provisions in paragraph (n)(2)(iv) of this section 
must be met.
    (ii) Inspection records. Each manufacturer that has used an AEDM 
under this section must have available for inspection by the Department 
of Energy records showing:
    (A) The method or methods used to develop the AEDM;
    (B) The mathematical model, the engineering or statistical 
analysis, computer simulation or modeling, and other analytic 
evaluation of performance data on which the AEDM is based;
    (C) Complete test data, equipment information, and related 
information that the manufacturer has generated or acquired pursuant to 
paragraphs (n)(2) and (3) of this section; and
    (D) The calculations used to determine the simulated FEI or 
simulated weighted-average FEI, as applicable, of each basic model to 
which the AEDM was applied.
    (iii) Simulations. If requested by the Department, the manufacturer 
must:
    (A) Conduct simulations to predict the performance of particular 
basic models of electric motors specified by the Department;
    (B) Provide analyses of previous simulations conducted by the 
manufacturer; and/or
    (C) Conduct testing of basic models selected by the Department.

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

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

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


0
6. Section 431.172 is revised to read as follows:


Sec.  431.172  Definitions.

    Air circulating axial panel fan means an axial housed air 
circulating fan head without a cylindrical housing or box housing that 
is mounted on a panel, orifice plate or ring.
    Air circulating fan means a fan that has no provision for 
connection to ducting or separation of the fan inlet from its outlet 
using a pressure boundary, operates against zero external static 
pressure loss, and is not a jet fan.
    Air circulating fan discharge area: area of a circle having a 
diameter equal to the blade tip diameter.
    Air circulating fan outlet area means the gross inside area 
measured at the plane of the outlet opening.
    Air-cooled steam condenser means a device for rejecting heat to the 
atmosphere through the indirect condensing of steam inside air-cooled 
finned tubes.
    Axial inline fan means a fan with an axial impeller and a 
cylindrical housing with or without turning vanes.
    Axial panel fans means an axial fan, without cylindrical housing, 
that includes a panel, orifice plate, or ring with brackets for 
mounting through a wall, ceiling, or other structure that separates the 
fan's inlet from its outlet.
    Basic model, with respect to fans and blowers, means all units of 
fans and blowers manufactured by one manufacturer, having the same 
primary energy source, and having essentially identical electrical, 
physical, and functional (e.g., aerodynamic) characteristics that 
affect energy consumption. In addition:
    (1) All variations of blade pitches of an adjustable-pitch axial 
fan may be considered a single basic model; and
    (2) All variations of impeller widths and impeller diameters of a 
given full-width impeller and full-diameter impeller centrifugal fan 
may be considered a single basic model.
    Box fan means an axial housed air circulating fan head without a 
cylindrical housing that is mounted on a panel, orifice plate or ring 
and is mounted in a box housing.
    Centrifugal housed fan means a fan with a centrifugal or mixed flow 
impeller in which airflow exits into a housing that is generally 
scroll-shaped to direct the air through a single fan outlet. A 
centrifugal housed fan does not include a radial impeller.
    Centrifugal inline fan means a fan with a centrifugal or mixed flow 
impeller in which airflow enters axially at the fan inlet and the 
housing redirects radial airflow from the impeller to exit the fan in 
an axial direction.
    Centrifugal unhoused fan means a fan with a centrifugal or mixed 
flow impeller in which airflow enters through a panel and discharges 
into free space. Inlets and outlets are not ducted. This fan type also 
includes fans designed for use in fan arrays that have partition walls 
separating the fan from other fans in the array.
    Cross-flow fan means a fan or blower with a housing that creates an 
airflow path through the impeller in a direction at right angles to its 
axis of rotation and with airflow both entering and exiting the 
impeller at its periphery. Inlets and outlets can optionally be ducted.
    Cylindrical air circulating fan means an axial housed air 
circulating fan head with a cylindrical housing that is not a Positive 
Pressure Ventilator as defined in AMCA 240-15 (incorporated by 
reference, see Sec.  431.173).
    Evaporative field erected closed-circuit cooling tower means a 
structure which rejects heat to the atmosphere through the indirect 
cooling of a process fluid stream to a lower temperature by partial 
evaporation of an external recirculating water flow.
    Evaporative field erected open-circuit cooling tower means a 
structure which rejects heat to the atmosphere through the direct 
cooling of a water stream to a lower temperature by partial 
evaporation.
    Fan or blower means a rotary bladed machine used to convert 
electrical or mechanical power to air power, with an energy output 
limited to 25 kilojoule (kJ)/kilogram (kg) of air. It consists of an 
impeller, a shaft and bearings and/or driver to support the impeller, 
as well as a structure or housing. A fan or blower may include a 
transmission, driver, and/or motor controller.
    Fan static air power means the static power delivered to air by the 
fan or blower; it is proportional to the product of the fan airflow 
rate, the fan static pressure and the compressibility coefficient and 
is calculated in accordance with section 7.8.1 of AMCA 210-16 
(incorporated by reference, see Sec.  431.173), using static pressure 
instead of total pressure.

[[Page 27390]]

    Fan total air power means the total power delivered to air by the 
fan or blower; it is proportional to the product of the fan airflow 
rate, the fan total pressure and the compressibility coefficient and is 
calculated in accordance with section 7.8.1 of AMCA 210-16 
(incorporated by reference, see Sec.  431.173).
    Field erected air-cooled (dry) cooler means a structure which 
rejects heat to the atmosphere from a fluid, either liquid, gas or a 
mixture thereof, flowing through an air-cooled internal coil.
    Field erected evaporative condenser means a structure which rejects 
heat to the atmosphere through the indirect condensing of a refrigerant 
in an internal coil by partial evaporation of an external recirculating 
water flow.
    Full-diameter impeller means maximum impeller diameter with which a 
given fan or blower basic model is distributed in commerce.
    Full-width impeller means the maximum impeller width with which a 
given fan or blower basic model is distributed in commerce.
    Housed air circulating fan head means an air circulating fan with 
an axial or centrifugal impeller, and a housing.
    Housed centrifugal air circulating fan means a housed air 
circulating fan head with a centrifugal or radial impeller in which 
airflow exits into a housing that is generally scroll shaped to direct 
the air through a single, narrow fan outlet.
    Induced flow fan means a type of laboratory exhaust fan with a 
nozzle and windband; the fan's outlet airflow is greater than the inlet 
airflow due to induced airflow. All airflow entering the inlet exits 
through the nozzle. Airflow exiting the windband includes the nozzle 
airflow plus the induced airflow.
    Jet fan means a fan designed and marketed specifically for 
producing a high velocity air jet in a space to increase its air 
momentum. Jet fans are rated using thrust. Inlets and outlets are not 
ducted but may include acoustic silencers.
    Packaged air-cooled (dry) cooler means a device which rejects heat 
to the atmosphere from a fluid, either liquid, gas or a mixture 
thereof, flowing through an air-cooled internal coil.
    Packaged evaporative closed-circuit cooling tower means a device 
which rejects heat to the atmosphere through the indirect cooling of a 
process fluid stream in an internal coil to a lower temperature by 
partial evaporation of an external recirculating water flow.
    Packaged evaporative condenser means a device which rejects heat to 
the atmosphere through the indirect condensing of a refrigerant in an 
internal coil by partial evaporation of an external recirculating water 
flow.
    Packaged evaporative open-circuit cooling tower means a device 
which rejects heat to the atmosphere through the direct cooling of a 
water stream to a lower temperature by partial evaporation.
    Power roof ventilator means a fan with an internal driver and a 
housing to prevent precipitation from entering the building. It has a 
base designed to fit over a roof or wall opening, usually by means of a 
roof curb.
    Radial-housed fan means a fan with a radial impeller in which 
airflow exits into a housing that is generally scroll-shaped to direct 
the air through a single fan outlet. Inlets and outlets can optionally 
be ducted.
    Safety Fan means:
    (1) A reversible axial fan in cylindrical housing that is designed 
and marketed for use in ducted tunnel ventilation that will reverse 
operation under emergency ventilation conditions;
    (2) A fan for use in explosive atmospheres tested and marked 
according to the English version of ISO 80079-36:2016 (incorporated by 
reference, see Sec.  431.173);
    (3) An electric-motor-driven-Positive Pressure Ventilator as 
defined in AMCA 240-15 (incorporated by reference, see Sec.  431.173);
    (4) A fan bearing a listing for ``Power Ventilators for Smoke 
Control Systems'' in compliance with UL 705 (incorporated by reference, 
see Sec.  431.173); or
    (5) A laboratory exhaust fan designed and marketed specifically for 
exhausting contaminated air vertically away from a building using a 
high-velocity discharge.
    Unhoused air circulating fan head means an air circulating fan 
without a housing, having an axial impeller with a ratio of fan-blade 
span (in inches) to maximum rate of rotation (in revolutions per 
minute) less than or equal to 0.06. The impeller may or may not be 
guarded.

0
7. Section 431.173 is added to read as follows:


Sec.  431.173  Materials incorporated by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, DOE must publish a document in the 
Federal Register and the material must be available to the public. All 
approved incorporation by reference (IBR) material is available for 
inspection at DOE, and at the National Archives and Records 
Administration (NARA). Contact DOE at: the U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, 1000 Independence Ave. SW, EE-5B, Washington, DC 20585, (202) 
586-9127, [email protected], https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of 
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email: [email protected]. The material may be 
obtained from the sources in the following paragraphs of this section.
    (b) AMCA. Air Movement and Control Association International, Inc., 
30 West University Drive, Arlington Heights, IL 60004-1893; (847) 394-
0150; www.amca.org.
    (1) ANSI/AMCA Standard 21016 (``AMCA 210-16''), Laboratory Methods 
of Testing Fans for Certified Aerodynamic Performance Rating, ANSI-
approved August 26, 2016; IBR approved for Sec.  431.172; appendix A to 
this subpart. (Co-published as ASHRAE 51-16).
    (2) ANSI/AMCA Standard 214-21 (``AMCA 214-21''), Test Procedure for 
Calculating Fan Energy Index (FEI) for Commercial and Industrial Fans 
and Blowers, ANSI-approved March 1, 2021; IBR approved for Sec.  
431.174; appendix A to this subpart.
    (3) ANSI/AMCA Standard 230-23 (``AMCA 230-23''), Laboratory Methods 
of Testing Air Circulating Fans for Rating and Certification, ANSI-
approved February 10, 2023. IBR approved for appendix B to this 
subpart.
    (4) ANSI/AMCA Standard 240-15 (``AMCA 240-15''), Laboratory Methods 
of Testing Positive Pressure Ventilators for Aerodynamic Performance 
Rating, ANSI-approved May 9, 2015; IBR approved for Sec.  431.172.
    (c) ISO. International Organization for Standardization, Chemin de 
Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland; www.iso.org.
    (1) ISO 5801:2017(E) (``ISO 5801:2017''), Fans--Performance testing 
using standardized airways, Third Edition, approved September 2017; IBR 
approved for appendix A to this subpart.
    (2) ISO 80079-36:2016, Explosive atmospheres--Part 36: Non-
electrical equipment for explosive atmospheres--Basic method and 
requirements, Edition 1.0, February 2016; IBR approved for Sec.  
431.172.
    (d) UL. Underwriters Laboratories, 333 Pfingsten Road, Northbrook,

[[Page 27391]]

Illinois, 60062; www.shopulstandards.com.
    (1) UL 705, Standard for Safety for Power Ventilators, Edition 7, 
July 19, 2017 (including revisions through August 19, 2022); IBR 
approved for Sec.  431.172.
    (2) [Reserved].

0
8. Section 431.174 is added to read as follows:


Sec.  431.174  Test Procedure for fans or blowers.

    (a) Scope for fans and blowers other than air circulating fans. A 
fan or blower, other than an air circulating fan is subject to the test 
procedure in this section if it meets the following criteria:
    (1) Is a centrifugal housed fan; radial housed fan; centrifugal 
inline fan; centrifugal unhoused fan; centrifugal power roof ventilator 
exhaust fan; centrifugal power roof ventilator supply fan; axial inline 
fan; axial panel fan; or axial centrifugal power roof ventilator fan;
    (2) Is not:
    (i) A radial housed unshrouded fan with blade diameter at tip less 
than 30 inches or a blade width of less than 3 inches;
    (ii) A safety fan;
    (iii) An induced flow fan;
    (iv) A jet fan;
    (v) A cross-flow fan;
    (vi) A fan manufactured exclusively to be powered by internal 
combustion engines;
    (vii) A fan that create a vacuum of 30 inches water gauge or 
greater;
    (viii) A fan that is designed and marketed to operate at or above 
482 degrees Fahrenheit (250 degrees Celsius); or
    (ix) A fan and blower embedded in the equipment listed in paragraph 
(a)(3) of this section;
    (3) Is not an embedded fan subject to the following exclusions:
    (i) The test procedure in this section does not apply to fans or 
blowers that are embedded in:
    (A) Single phase central air conditioners and heat pumps rated with 
a certified cooling capacity less than 65,000 British thermal units per 
hour (``Btu/h'') cooling capacity, that are subject to DOE's energy 
conservation standard at 10 CFR 430.32(c);
    (B) Three phase, air-cooled, small commercial packaged air-
conditioning and heating equipment rated with a certified cooling 
capacity less than 65,000 Btu/h cooling capacity, that are subject to 
DOE's energy conservation standard at Sec.  431.97(b);
    (C) Transport refrigeration (i.e., Trailer refrigeration, Self-
powered truck refrigeration, Vehicle-powered truck refrigeration, 
Marine/Rail container refrigerant);
    (D) Vacuum cleaners;
    (E) Heat Rejection Equipment: Packaged evaporative open-circuit 
cooling towers; Evaporative field-erected open-circuit cooling towers; 
Packaged evaporative closed-circuit cooling towers; Evaporative field-
erected closed-circuit cooling towers; Packaged evaporative condensers; 
Field-erected evaporative condensers; Packaged air-cooled (dry) 
coolers; Field-erected air-cooled (dry) cooler; Air-cooled steam 
condensers; Hybrid (water saving) versions of all of the previously 
listed equipment that contain both evaporative and air-cooled heat 
exchange sections;
    (F) Air curtains; and
    (G) Direct expansion-dedicated outdoor air system that are subject 
to any of DOE's test procedures in appendix B to subpart F of this 
part.
    (ii) The test procedure in this section does not apply to supply or 
condenser fans or blowers that are embedded in:
    (A) Air-cooled commercial package air conditioners and heat pumps 
(``CUAC,'' ``CUHP'') with a certified cooling capacity between 5.5 ton 
(65,000 Btu/h) and 63.5 ton (760,000 Btu/h) that are subject to DOE's 
energy conservation standard at Sec.  431.97(b);
    (B) Water-cooled and evaporatively-cooled commercial air 
conditioners that are subject to DOE's energy conservation standard at 
Sec.  431.97(b);
    (C) Water-source heat pumps that are subject to DOE's energy 
conservation standard at Sec.  431.97(b);
    (D) Single package vertical air conditioners and heat pumps that 
are subject to DOE's energy conservation standard at Sec.  431.97(d);
    (E) Packaged terminal air conditioners (``PTAC'') and packaged 
terminal heat pumps (PTHP) that are subject to DOE's energy 
conservation standard at Sec.  431.97(c);
    (F) Computer room air conditioners that are subject to DOE's energy 
conservation standard at Sec.  431.97(e); and
    (G) Variable refrigerant flow multi-split air conditioners and heat 
pumps that are subject to DOE's energy conservation standard at Sec.  
431.97(f); and
    (4) In addition, the test procedure is only applicable to fan or 
blower duty points with the following characteristics, measured or 
calculated in accordance with the test procedure set forth in appendix 
A of this subpart:
    (i)(A) Fan shaft input power equal to or greater than 1 horsepower; 
or
    (B) Fan electrical input power equal to or greater than 0.89 kW; 
and
    (ii)(A) Fan static air power equal to or less than 150 horsepower 
for fans using a static pressure basis fan energy index (``FEI'') in 
accordance with the required test configuration listed in table 7.1 of 
AMCA 214-21 (incorporated by reference, see Sec.  431.173); or
    (B) Fan total air power equal to or less than 150 horsepower for 
fans using a total pressure basis FEI in accordance with the required 
test configuration listed in table 7.1 of AMCA 214-21;
    (b) Scope for air circulating fans. The test procedure in this 
section applies to all air circulating fans with input power greater 
than or equal to 125W at maximum speed.
    (c) Testing and calculations for fans and blowers other than air 
circulating fans. Determine the FEI, the fan electrical input power 
(``FEP''), and fan shaft power (as applicable) at each duty point, as 
specified by the manufacturer, using the test procedure set forth in 
appendix A of this subpart.
    (d) Testing and calculations for air circulating fan. Determine the 
FEI and the fan electrical input power (``FEP'') or the weighted-
average FEI and weighted-average FEP as applicable, using the test 
procedure set forth in appendix B of this subpart.

0
9. Add appendix A to subpart J of part 431 to read as follows:

Appendix A to Subpart J of Part 431--Uniform Test Method for the 
Measurement of Energy Consumption of Fans and Blowers Other Than Air 
Circulating Fans

    After October 30, 2023, any representations made with respect to 
energy use or efficiency of fans and blowers subject to testing 
pursuant to Sec.  431.174 must be made in accordance with this 
appendix. Any optional representations of fan energy index in the 
optional test configuration listed in table 7.1 of AMCA 214-21 
(FEIoptional) must be accompanied by a representation of 
fan energy index in the required test configuration listed in table 
7.1 of AMCA 214-21 (FEI).

0. Incorporation by Reference

    In Sec.  431.173, DOE incorporated by reference the entire 
standard for AMCA 210-16, AMCA 214-21, and ISO 5801:2017; however, 
only enumerated provisions of those documents are applicable as 
follows. In cases where there is a conflict, the language of this 
appendix takes precedence over those documents.
    0.1 AMCA 210-16:
    (a) Section 3, ``Definitions/Units of Measure/Symbols'';
    (b) Section 4, ``Instruments and Methods of Measurement'' ;
    (c) Section 5, ``Test Setups and Equipment'';
    (d) Section 6, ``Observation and Conduct of Test'';
    (e) Section 7, ``Calculations'' excluding Section 7.9.2, 
``Conversion to other rotational speeds and air densities with 
compressible

[[Page 27392]]

flow'' and Section 7.9.3, ``Conversion formulae for new densities 
and new rotational speeds'';
    0.2. AMCA 214-21:
    (a) Section 2, ``References (Normative),'' as referenced in 
section 2.2 of this appendix;
    (b) Section 3, ``Definitions,'' as referenced in section 1 of 
this appendix;
    (c) Section 4, ``Calculation of the FEI for a Single Duty 
Point,'' as referenced in section 2.6 of this appendix;
    (d) Section 5, ``Reference Fan Electrical Power 
(FEPref),'' as referenced in section 2.6 of this 
appendix;
    (e) Section 6.1, ``Wire-to-Air Testing at the Required Duty 
Point,'' as referenced in section 2.2 of this appendix;
    (f) Section 6.2, ``Calculated Ratings Based on Wire-to-Air 
Testing,'' as referenced in section 2.2 of this appendix;
    (g) Section 6.3, ``Bare Shaft Fans,'' as referenced in section 
2.2 of this appendix;
    (h) Section 6.4, ``Fans with Polyphase Regulated Motor'', 
excluding Section 6.4.1.4, ``Requirements for the VFD, if included'' 
and Section 6.4.2.4, ``Combined motor-VFD efficiency'' as referenced 
in section 2.2 of this appendix;
    (i) Section 7, ``Testing,'' as referenced in sections 2.2 and 
2.3 of this appendix;
    (j) Section 8, ``Rating Development'', excluding Section 8.2.2, 
``Separate Fan and Motor Tests'' and Section 8.3, ``Appurtenances'' 
as referenced in section 2.2 of this appendix;
    (k) Annex D, ``Motor Performance Constants (Normative),'' as 
referenced in section 2.2 of this appendix;
    (l) Annex E, ``Calculation Methods for Fans Tested Shaft-to-
Air,'' as referenced in section 2.2 of this appendix;
    (m) Annex G, ``Wire-to-Air Measurement--Calculation to Other 
Speeds and Densities (Normative),'' as referenced in section 2.2 of 
this appendix;
    (n) Annex J, ``Other data and calculations to be retained,'' as 
referenced in section 2.2 of this appendix; and
    (o) Annex K, ``Proportionality and Dimensional Requirements 
(Normative),'' as referenced in section 2.2 of this appendix.
    0.3. ISO 5801:2017:
    (a) Section 3, ``Terms and Definitions'';
    (b) Section 4, ``Symbols, Abbreviated Terms and Subscripts'';
    (c) Section 5, ``General'';
    (d) Section 6, ``Test Configurations'';
    (e) Section 7, ``Carrying out the Test'';
    (f) Section 8, ``Airways for Duct Configuration'';
    (g) Section 9, ``Standardized Test Chambers'';
    (h) Section 10, ``Various Component Parts for a Laboratory 
Setup'';
    (i) Section 11, ``Standard Test Configurations'';
    (j) Section 12, ``Measurements'';
    (k) Section 13, ``Reference Conditions'';
    (l) Section 15, ``Calculations'';
    (m) Section 16, ``Fan Characteristic Curves''; and
    (n) Section 17, ``Uncertainty Analysis''.

1. Definitions

    The definitions applicable to this appendix are defined in Sec.  
431.172 and in section 3, ``Definitions,'' of AMCA 214-21. In cases 
where there is a conflict, the definitions in Sec.  431.172 take 
precedence over AMCA 214-21.

2. Test Procedure for Fans and Blowers Other Than Air Circulating 
Fans

    2.1. General.
    This section describes the test procedure for fans and blowers 
other than air circulating fans. In cases where there is a conflict, 
the provisions in this appendix take precedence over AMCA 214-21. 
Where AMCA 214-21 refers to Annex A, ``Polyphase Regulated Motor 
Efficiencies (Normative),'' of AMCA 214-21, Table 5 of Sec.  431.25 
must be used instead.

2.2. Testing

    2.2.1. General.
    The fan electrical input power (FEPact) in kilowatts 
must be determined at every duty point specified by the manufacturer 
in accordance with one of the test methods listed in Table 1, and 
the following sections of AMCA 214-21: Section 2, ``References 
(Normative)''; Section 7, ``Testing,'' including the referenced 
provisions to AMCA 210-16 and ISO 5801:2017 as listed in sections 
2.2.2 and 2.2.3 of this appendix; Section 8.1, ``Laboratory 
Measurement Only'' (as applicable); and Annex J, ``Other data and 
calculations to be retained.''

                                 Table 1 to Appendix A to Subpart J of Part 431
----------------------------------------------------------------------------------------------------------------
                                 Motor  controller     Transmission                        Applicable section(s)
             Driver                   present?        configuration?      Test method         of  AMCA 214-21
----------------------------------------------------------------------------------------------------------------
Electric motor.................  Yes or No........  Any..............  Wire-to-air......  6.1 ``Wire-to-Air
                                                                                           Testing at the
                                                                                           Required Duty
                                                                                           Point''.
Electric motor.................  Yes or No........  Any..............  Calculation based  6.2 ``Calculated
                                                                        on Wire-to-air     Ratings Based on Wire
                                                                        testing.           to Air Testing''
                                                                                           (references Section
                                                                                           8.2.3, ``Calculation
                                                                                           to other speeds and
                                                                                           densities for wire-to-
                                                                                           air testing,'' and
                                                                                           Annex G, ''Wire-to-
                                                                                           Air Measurement--
                                                                                           Calculation to Other
                                                                                           Speeds and Densities
                                                                                           (Normative)'').
Regulated polyphase motor......  No...............  Direct drive, V-   Shaft-to-air.....  6.4 ``Fans with
                                                     belt drive,                           Polyphase Regulated
                                                     flexible                              Motors,'' (references
                                                     coupling or                           Annex D, ``Motor
                                                     synchronous belt                      Performance Constants
                                                     drive.                                (Normative)'') *.
None or non-electric...........  No...............  None.............  Shaft-to-air.....  Section 6.3, ``Bare
                                                                                           Shaft Fans''.
Regulated polyphase motor......  No...............  Direct drive, V-   Calculation based  Section 8.2.1, ``Fan
                                                     belt drive,        on Shaft-to-air    laws and other
                                                     flexible           testing.           calculation methods
                                                     coupling or                           for shaft-to-air
                                                     synchronous belt                      testing'' (references
                                                     drive.                                Annex D, ``Motor
                                                                                           Performance Constants
                                                                                           (Normative),'' Annex
                                                                                           E, ``Calculation
                                                                                           Methods for Fans
                                                                                           Tested Shaft-to-
                                                                                           Air,'' and Annex K,
                                                                                           ``Proportionality and
                                                                                           Dimensional
                                                                                           Requirements
                                                                                           (Normative)'').
None or non-electric...........  No...............  None.............  Calculation based  Section 8.2.1, ``Fan
                                                                        on Shaft-to-air    laws and other
                                                                        testing.           calculation methods
                                                                                           for shaft-to-air
                                                                                           testing'' (references
                                                                                           Annex E,
                                                                                           ``Calculation Methods
                                                                                           for Fans Tested Shaft-
                                                                                           to-Air,'' and Annex
                                                                                           K, ``Proportionality
                                                                                           and Dimensional
                                                                                           Requirements
                                                                                           (Normative)'').
----------------------------------------------------------------------------------------------------------------
* Excluding Section 6.4.1.4, ``Requirements for the VFD, if included'' and Section 6.4.2.4, ``Combined motor-VFD
  efficiency.''

    Testing must be performed in accordance with the required test 
configuration listed in table 7.1 of AMCA 214-21. The following 
values must be determined in accordance with this appendix at each 
duty point specified by the manufacturer: fan airflow in cubic feet 
per minute; fan air density; fan total pressure in inches of water 
gauge for fans using a total pressure basis FEI in accordance with 
Table 7.1 of AMCA 214-21; fan static pressure in inches of water 
gauge for fans using a static pressure basis FEI in atcordance with 
table 7.1 of AMCA 214-21; fan speed in revolutions per minute; and 
fan shaft input power in horsepower for fans tested in accordance 
with sections 6.3, 6.4 or 6.5 of AMCA 214-21.
    In addition, if applying the equations in Section E.2 of Annex E 
of AMCA 214-21 for compressible flows, the compressibility 
coefficients must be included in the equations as applicable.
    All measurements must be recorded at the resolution of the test 
instrumentation and calculations must be rounded to the number of 
significant digits present at the resolution of the test 
instrumentation.
    In cases where there is a conflict, the provisions in AMCA 214-
21 take precedence over AMCA 210-16 and ISO 5801:2017. In addition, 
the provisions in this appendix apply.
    2.2.2 Power Roof Ventilators

[[Page 27393]]

    Centrifugal Power Roof Ventilators that are both supply and 
exhaust must be tested in both supply and exhaust configurations as 
listed in table 7.1 of AMCA 214-21.
    2.2.3 Embedded Fans
    Embedded fans that are not manufactured in a standalone 
configuration must be tested in a standalone configuration. If some 
components of the bare shaft fan are not removable without causing 
irreversible damage to the equipment into which the fan is embedded, 
testing must be performed using additional fan components, except 
for the fan impeller, that are geometrically identical to that of 
the fan embedded inside the larger piece of equipment for testing.
    2.3. Power Supply
    Any wire-to-air testing must be conducted at the supply 
frequency, phase, and voltages specified in this section. The 
frequency and voltage must be selected in accordance with section 
7.8. of AMCA 214-21. Fans and blowers rated for operation for 
single- or multi-phase power supply must be tested with single- or 
multi-phase electricity, respectively. Fans and blowers, capable of 
operating with single- and multi-phase power supply, must be tested 
using multi-phase electricity.
    2.4. Stability Conditions.
    The following conditions must be met to establish system 
stability prior to collecting test data:
    (a) Barometric pressure, dry bulb temperature and wet bulb 
temperature in the general test area must be captured at least every 
five seconds after the run-in period is completed and the ambient 
air density calculated from these values shall not vary by more than 
1 percent during verification of fan speed and fan input 
power stability.
    (b) After the fan has been run-in, record the fan speed in rpm 
and the input power (in pound-force, pound-force-in, or watts) at 
least every 5 seconds for at least three 60-second intervals. 
Readings shall be made simultaneously. Repeat these measurements 
over 60-second intervals until:
    (1) The average fan speed from the last 60-second interval 
varies by less than the absolute value of 1 percent or 1 rpm, 
whichever is greater, when compared to the average fan speed 
measured during the previous 60-second test interval;
    (2) The average input power from the last 60-second interval 
varies by less than the absolute value of 1 percent, whichever is 
greater, compared to the average input power measured during the 
previous 60-second test interval; and
    (3) The slopes calculated from the individual data collected for 
fan speed and input power during at least three 60-second sampling 
intervals include both positive and negative values (e.g., two 
positive and one negative slope value or one positive and two 
negative slope values). If three positive or three negative slopes 
are determined in succession, additional sampling intervals are 
required until slopes from three successive sampling intervals 
include both positive and negative values.
    2.5. Sampling Intervals for Testing.
    A test measurement must meet the following conditions:
    (a) The sampling interval over which average test values are 
determined shall not exceed 60 seconds;
    (b) The average fan speed from the most recent 60-second 
interval varies by less than the absolute value of 1 percent or 1 
rpm, whichever is greater, when compared to the average fan speed 
measured during the previous 60-second test interval; and
    (c) the average input power from the last 60-second interval by 
reaction dynamometer, torque meter or calibrated motor must be 
4 percent, or the average input power by electrical 
meter must be 2 percent of the mean or 1 watt, whichever 
is greater, compared to the average input power measured during the 
previous 60-second test interval.
    2.6. FEI calculation
    The FEI must be determined at every duty point in accordance 
with Section 4, ``Calculation of the FEI for a single duty point,'' 
and Section 5, ``Reference Fan Electrical Power 
(FEPref)'' of AMCA 214-21. In addition, the FEI must be 
rounded to the nearest hundredths place; FEP must be rounded to 
three significant figures; and all measurements must be recorded at 
the resolution of the test instrument.


0
10. Add appendix B to subpart J of part 431 to read as follows:

Appendix B to Subpart J of Part 431--Uniform Test Method for the 
Measurement of Energy Consumption of Air Circulating Fans

    After October 30, 2023, any representations made with respect to 
energy use or efficiency of air circulating fans subject to testing 
pursuant to Sec.  431.174 must be made in accordance with this 
appendix. Any optional representations of air circulating fan 
efficacy at speeds less than the air circulating fan's maximum speed 
must be accompanied by a representation of the air circulating fan 
efficacy at maximum speed.

0. Incorporation by Reference

    In Sec.  431.173, DOE incorporated by reference the entire 
standard for AMCA 230-23; however, only enumerated provisions of 
those documents are applicable as follows. In cases where there is a 
conflict, the language of this appendix takes precedence over those 
documents.
    0.1 AMCA 230-23:
    (a) Section 4, ``Definitions/Units of Measurement/Symbols,'' as 
referenced in section 1 and 2.2.2 of this appendix;
    (b) Section 5, ``Instruments and Methods of Measurement,'' as 
referenced in section 2.2.2 of this appendix;
    (c) Section 6, ``Equipment and Setup,'' as referenced in section 
2.2.2 of this appendix;
    (d) Section 7, ``Observations and Conduct of Test,'' as 
referenced in section 2.2.2 of this appendix;
    (e) Section 8, ``Calculations,'' as referenced in section 2.2.2 
of this appendix; and
    (f) Section 9, ``Report and Results of Test,'' as referenced in 
section 2.2.2 of this appendix.

1. Definitions

    The definitions applicable to this appendix are defined in Sec.  
431.172 and in Section 4, ``Definitions/Units of Measurement/
Symbols,'' of AMCA 230-23. In cases where there is a conflict, the 
definitions in Sec.  431.172 take precedence over AMCA 230-23.

2. Test Procedure for Air Circulating Fans

    2.1. General
    This section describes the test procedure for air circulating 
fans.
    2.2. Testing
    2.2.1. General
    The air circulating fan efficacy (E[fnof][fnof]circ) in cubic 
feet per minute (``CFM'') per watt (``W'') (``CFM/W'') at maximum 
speed must be determined in accordance with the applicable sections 
of AMCA 230-23 as listed in section 2.2.2 of this appendix. In 
addition, testing must be conducted in accordance with the 
provisions in sections 2.3 through 2.5 of this appendix. Optional 
testing speeds lower than maximum speed is permitted. Speeds less 
than maximum speeds must be expressed at a percentage of maximum 
speed (e.g., 50 percent) and the air circulating fan efficacy at 
lower speed must include the speed percentage in its subscript 
(e.g., E[fnof][fnof]circ,50).
    All measurements must be recorded at the resolution of the test 
instrumentation and calculations must be rounded to the number of 
significant digits of the resolution of the test instrumentation.
    2.2.2. AMCA 230-23, Applicable Sections.
    The following sections of AMCA 230-23 are applicable: Section 4, 
``Definitions/Unit of Measurement/Symbols''; Section 5, 
``Instruments and Methods of Measurement''; Section 6, ``Instruments 
and Methods of Measurement''; Section 7, ``Observations and Conduct 
of Test''; Section 8, ``Calculations''; and Section 9, ``Report and 
Results of Test.''
    2.3. Air circulating fans without motors
    Air circulating fans distributed in commerce without an electric 
motor must be tested using an electric motor as recommended in the 
manufacturer's catalogs or distributed in commerce with the air 
circulating fan. If more than one motor is available in 
manufacturer's catalogs or distributed in commerce with the air 
circulating fan, testing must be conducted using the least efficient 
motor capable of running the fan at the fan's maximum allowable 
speed.
    2.4. Power Supply.
    The test must be conducted at the frequency, phase, and voltages 
specified in this section.
    2.4.1. Frequency.
    Air circulating fans rated for operation with only 60 Hz power 
supply must be tested with 60 Hz electricity. Air circulating fans 
capable of operating with 50 Hz and 60 Hz electricity must be tested 
with 60 Hz electricity.
    2.4.2. Phase.
    Air circulating fans rated for operation for single- or multi-
phase power supply must be tested with single- or multi-phase power 
electricity, respectively. Air circulating fans, capable of 
operating with single- and multi-phase power supply, must be tested 
using multi-phase electricity.
    2.4.3. Voltage.
    Select the supply voltage as follows:

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    (a) For air circulating fans tested with single-phase 
electricity, the supply voltage must be:
    (1) 120 V if the air circulating fan's minimum rated voltage is 
120 V or the lowest rated voltage range contains 120 V,
    (2) 240 V if the air circulating fan's minimum rated voltage is 
240 V or the lowest rated voltage range contains 240 V, or
    (3) The air circulating fan's minimum rated voltage (if a 
voltage range is not given) or the mean of the lowest rated voltage 
range, in all other cases.
    (b) For air circulating fans tested with multi-phase 
electricity, the supply voltage must be
    (1) 240 V if the air circulating fan's minimum rated voltage is 
240 V or the lowest rated voltage range contains 240 V, or
    (2) The air circulating fan's minimum rated voltage (if a 
voltage range is not given) or the mean of the lowest rated voltage 
range, in all other cases.
    2.5. Stability Conditions.
    In addition to the test requirements specified in sections 7.1 
and 7.3 of AMCA 230-23, the following conditions must be met to 
establish system stability prior to collecting test data:
    (a) Test voltage shall be captured at least every five seconds 
and shall not vary by more than +/-1 percent during each test. 
Barometric pressure, dry bulb temperature and wet bulb temperature 
in the general test area for calculation of air density must be 
captured at least every five seconds and the calculated ambient air 
density shall not vary by more than +/-1 percent during each test.
    (b) After a run-in time of at least 15 minutes, record the fan 
speed in rpm, the input power in watts, and load differential in 
pound-force for at least 3 120-second intervals. Repeat these 
measurements over additional 120-second intervals until:
    (1) The average fan speed of the last 120-second interval varies 
by less than the absolute value of 1 percent or 1 rpm, whichever is 
greater, when compared to the average fan speed measured during the 
previous 120-second test interval;
    (2) The average input power of the last 120-second interval 
varies by less than the absolute value of 1 percent or 1 watt, 
whichever is greater, compared to the average input power measured 
during the previous 120-second test interval;
    (3) The average load differential of the last 120-second 
interval varies by less than the absolute value of 1 percent, 
whichever is greater, compared to the average load differential 
during the previous 120-second test interval; and
    (4) The slopes calculated from the individual data collected for 
fan speed, input power, and load differential during at least three 
120-second intervals include both positive and negative values 
(e.g., two positive and one negative value or one positive and two 
negative values). If three positive or three negative slopes are 
determined in succession, additional sampling intervals are required 
until slopes from three successive intervals include both positive 
and negative values.

[FR Doc. 2023-08696 Filed 4-28-23; 8:45 am]
BILLING CODE 6450-01-P