Energy Conservation Program: Test Procedure for Fans and Blowers

Federal RegisterMay 1, 2023

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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.

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:

ApplianceStandardsQuestions@ee.doe.gov.

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:

ApplianceStandardsQuestions@ee.doe.gov.

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:

amelia.whiting@hq.doe.gov.

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

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”),

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

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;

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.

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.

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.”

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.

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

Group”) for fans and blowers. 80 FR 17359 (April 1, 2015). The Working Group

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.

The Working Group concluded its negotiations on September 3, 2015, and, by consensus vote,

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)

ASRAC approved the term sheet on September 24, 2015. (Docket No. EERE-2013-BT-NOC-0005, Public Meeting Transcript, No. 58 at p. 29)

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.

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.

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.

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.

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;

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.

At the time of the petition, AMCA 214-21 was available as a draft version (AMCA 214).

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,

DOE extended the comment period 14 days to November 15, 2021. 86 FR 59308 (Oct. 27, 2021).

AMCA requested a 21-day extension (AMCA, No. 2 at p. 1).

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

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.

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.

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.

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

Commenter(s)

Reference in this final rule

Comment No. in the docket

Commenter type

Association of Home Appliance Manufacturers

AHAM

Trade Association.

Air-Conditioning, Heating, and Refrigeration Institute

AHRI

Trade Association.

Air Movement and Control Association International

AMCA

13, 41

Trade Association.

Appliance Standards Awareness Project, American Council for an Energy-Efficient Economy, Natural Resources Defense Council

Efficiency Advocates

Efficiency Organizations.

California Investor-Owned Utilities: Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern California Edison

CA IOUs

Utilities.

California Energy Commission

CEC

Manufacturer.

ebm-papst Inc

ebm-papst

Manufacturer.

Greenheck Group

Greenheck

Manufacturer.

Johnson Controls

JCI

Manufacturer.

Morrison Products Inc

Morrison

Manufacturer.

New York Blower

Manufacturer.

Northwest Energy Efficiency Alliance

NEEA

Efficiency Organization.

Robinson Fans Holdings

Robinson

Manufacturer.

Trane Technologies

Trane

Manufacturer.

A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record.

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.

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

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.

See

AHRI, No. 40 at pp. 7, 8, 9-10, 12-14; CA IOUs, No. 37 at pp. 1-3.

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.

Table II-1—Summary of Adopted Requirements

Topic

Location in CFR

Adopted requirements

Applicable preamble

discussion

Scope

10 CFR 431.174

Establish 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; 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

Section III.B.

Definitions

10 CFR 431.172

Define “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

Section III.C.

Test Procedure

10 CFR 431.174

Establish FEI as the metric for fans and blowers other 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

Sections III.D, III.E, III.F and III.G.

Sampling Plan

10 CFR 429.69

Specify the minimum number of fans or blowers to be tested to rate a basic model and determine representative values

Section III.J.

AEDM

10 CFR 429.70

Establish requirements for applying an alternative energy use determination method

Section III.I.

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,

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.

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.

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)

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.

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

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

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”).

(Docket No. EERE-2013-BT-STD-0006, No. 179, Recommendation #5 at p. 4)

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.

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.

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.

87 FR 44194, 44199.

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.

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”).

87 FR 44194, 44200. (See section III.C.1 of this document for definitions of these terms)

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

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

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

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.

The electrical input power is equal to the fan shaft input power divided by the motor efficiency.

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

and fans that use a static pressure basis.

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.

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.)

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”)

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)

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

(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

(

e.g.,

to move paper dust, sand, etc.).

(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.

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.

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 diameter less than 30 inches or a blade width of less than 3 inches

Included in the definition “radial housed fan” as noted in Table III-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).

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)

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.

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 ASHRAE 90.1-2019 “fan efficiency requirements”

Included in the exclusions recommended by the working group?

Fans that are not embedded fans with a motor nameplate horsepower of less than 1.0 hp or with a fan nameplate electrical input power of less than 0.89 kW

Yes.

Ceiling fans

Yes (

Note:

ceiling fans are not within the scope of the definition of fans and blowers).

Fans used for moving gases at temperatures above 482 degrees Fahrenheit

Yes (safety fans).

Fans used for operation in explosive atmospheres

Yes (safety fans).

Reversible fans used for tunnel ventilation

Yes (jet fans, safety fans).

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 during emergency conditions

Yes (safety fans).

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;

(8) fans mounted in or on motor vehicles or other mobile equipment; (9) fans that create a vacuum of 30 in. wg or greater;

and (10) air curtain unit.

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.

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.”

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.

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

Fans recommended for exclusion by the working group *

Corresponding term and definition proposed for exclusion in CEC

proposed regulatory text

Radial housed unshrouded fan with diameter less than 30 inches or a blade width of less than 3 inches

Not excluded by the CEC proposed regulatory text.

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

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.”

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.”

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).**

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.

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

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)

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.

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 section 6.5.3.1.3 of ASHRAE 90.1-2019, “fan efficiency requirements”

Included in the exclusion recommended by the working group?

Embedded fans and fan arrays with a combined motor nameplate horsepower of 5 hp or less or with a fan system electrical input power of 4.1 kW or less

No.

Embedded fans that are part of equipment listed under section 6.4.1.1.

See

Table III-7.

Embedded fans included in equipment bearing a third party-certified seal for air or energy performance of the equipment package

No.

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”

Fans embedded in:

Included in the embedded fan exclusions recommended by the working group?

Electrically Operated Unitary Air Conditioners

Partially. This category 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 Unitary Heat Pumps

Partially. This category 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 Condensing Units

Yes, these fans are below 1 hp. 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 Air Conditioners, Packaged Terminal Heat Pumps, Single-Package Vertical Air Conditioners, and Single-Package Vertical Heat Pumps

Yes. However, the term sheet specifies that the exclusion would apply only to embedded “supply and condenser fans.”

Room Air-conditioners and Air-conditioner Heat pumps

Yes. These fans are below 1 hp.

Warm-Air Furnaces and Combination Warm-Air Furnaces/Air-Conditioning Units, Warm-Air Duct Furnaces, and Unit Heaters

No.

Gas- and Oil-Fired Boilers

Partially. Some of these fans are below 1 hp.

Heat-Rejection Equipment

Yes.

Electrically Operated Variable-Refrigerant-Flow Air Conditioners

Yes. However, the term sheet specifies that the exclusion would apply only to embedded “supply and condenser fans.”

Electrically Operated Variable-Refrigerant-Flow and Applied Heat Pumps

Partially. This category includes ground water source 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 Condensing Units Serving Computer Rooms

Partially. This category includes equipment greater than or equal to 760,000 Btu/h, which are not regulated by DOE.

Commercial Refrigerators, Commercial Freezers, and Refrigeration

Yes. These fans are below 1 hp.

Vapor-Compression-Based Indoor Pool Dehumidifiers

Yes. These fans are below 1 hp.

Electrically Operated direct-expansion dedicated outdoor air system Units, Single-Package and Remote Condenser, without Energy Recovery

No.

Electrically Operated direct-expansion dedicated outdoor air system Units, Single-Package and Remote Condenser, with Energy Recovery

No.

Electrically Operated Water-Source Heat Pumps

Partially. This category 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 Packages

No.

Ceiling-Mounted Computer-Room Air Conditioners

Partially. The term sheet only 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 Door

Yes. These fans are below 1 hp.

Walk-In Cooler and Freezer Refrigeration System

Yes. These fans are below 1 hp.

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.

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.

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.

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.

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.

See

CEC Commercial and Industrial Fans and Blowers Staff Report, Docket No. 22-AAER-01, TN #241951 at p. 16.

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

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,

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)

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

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.

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)

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.

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.

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)

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.

87 FR 44194, 44207.

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,

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,

would incorporate fan energy use.

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.

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.

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.*

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

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.

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)

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

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)

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,”

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)

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

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.

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”)

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)

AHAM referenced the following:

www1.eere.energy.gov/buildings/appliance_standards/pdfs/cce_faq.pdf.

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

“of a type” that “to any

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.

The types of equipment are “(in addition to electric motors and pumps, commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator‐freezers, automatic commercial ice makers, commercial clothes washers, packaged terminal air‐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,

regardless of whether such fan or blower is used in a stationary or non-stationary application. 87 FR 44194, 44210.

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)

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

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.

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