This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

60105 

Vol. 88, No. 168 

Thursday, August 31, 2023 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1146 and 1147 

[Doc. No. AMS–DA–21–0013] 

RIN 0581–AE00 

Dairy Donation Program 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule; removal of expiration 

date. 

SUMMARY: On September 1, 2021, the 

Agricultural Marketing Service (AMS) 

amended the provisions of the Milk 

Donation Reimbursement Program 

through September 1, 2023, and added 

regulations for the Dairy Donation 

Program, on an interim basis, set to 

expire September 1, 2023. On August 

24, 2023, AMS published a final rule 

further amending the provisions of both 

programs and removing the expiration 

date for the Dairy Donation Program. 

However, we failed to formally adopt 

the interim provisions, remove the 

expiration of the amendments to the 

Milk Donation Reimbursement Program, 

and list the removal of both expirations 

in the DATES section of the preamble. 

This final rule corrects that oversight. 

DATES: Effective August 31 2023, the 

September 1, 2023, expiration date for 

the amendments to §§ 1146.1, 1146.102, 

1146.106, and the addition of part 1147, 

published September 1, 2021, at 86 FR 

48887, is removed. 

FOR FURTHER INFORMATION CONTACT: Erin 

Taylor, Director, Order Formulation and 

Enforcement, AMS Dairy Program, 

USDA; 1400 Independence Avenue SW, 

Room 2524–S, Washington, DC 20250; 

telephone: (202) 720–7311; email: DDP@

usda.gov; web address: 

www.ams.usda.gov/ddp. 

SUPPLEMENTARY INFORMATION: The Dairy 

Donations Program (DDP) was 

implemented on September 1, 2021, 

through an interim final rule (86 FR 

48887). The final rule of August 25, 

2023 (88 FR 57861), finalized and made 

minor changes to the provisions of the 

DDP codified at 7 CFR part 1147. The 

final rule of August 25, 2023, also 

further amended the provisions of the 

Milk Donation Reimbursement Program 

(MDRP), which was established in 2021 

(84 FR 46658), and amended in 2021 (86 

FR 48897) to better coordinate with the 

DDP. Both donation programs provide 

for reimbursement of certain costs for 

donations of milk and dairy products 

and help reduce food waste. 

The DDP and the 2021 amendments to 

MDRP were set to expire September 1, 

2023. However, AMS determined to 

retain both programs as established and 

amended and to further amend certain 

provisions of both parts. The final rule 

of August 25, 2023, made further 

amendments to both parts and removed 

expiration of the DDP provisions, but 

failed to remove expiration of the 2021 

amendments to the MDRP. This 

document corrects that oversight. 

7 CFR PART 1146—MILK DONATION 

REIMBURSEMENT PROGRAM 

7 CFR PART 1147—DAIRY DONATION 

PROGRAM 

■ AMS adopts as final the interim rule 

amending 7 CFR parts 1146 and 1147 

which was published at 86 FR 48887 on 

September 1, 2021, with the changes 

published at 88 FR 57861 on August 24, 

2023. 

Erin Morris, 

Associate Deputy Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–18949 Filed 8–30–23; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–STD–0035] 

RIN 1904–AF46 

Energy Conservation Program: Energy 

Conservation Standards for Air 

Cleaners 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Direct final rule; confirmation of 

effective and compliance dates. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) published a direct final 

rule to establish new energy 

conservation standards for air cleaners 

in the Federal Register on April 11, 

2023. DOE has determined that the 

comments received in response to the 

direct final rule do not provide a 

reasonable basis for withdrawing the 

direct final rule. Therefore, DOE 

provides this document confirming 

adoption of the energy conservation 

standards established in the direct final 

rule and announcing the effective date 

of those standards. 

DATES: The effective date of August 9, 

2023, for the direct final rule published 

April 11, 2023 (88 FR 21752) is 

confirmed. Compliance with the new 

standards established in the direct final 

rule will be required on December 31, 

2023. 

ADDRESSES: The docket for this 

rulemaking, 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 information that is exempt from 

public disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2021-BT-STD-0035. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 


ddrumheller on DSK120RN23PROD with RULES1
60106 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 

1All 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. 

2The Joint Stakeholders include the Association 

of Home Appliance Manufacturers (‘‘AHAM’’), 

Appliance Standards Awareness Project (‘‘ASAP’’), 

American Council for an Energy-Efficient Economy 

(‘‘ACEEE’’), Consumer Federation of America 

(‘‘CFA’’), Natural Resources Defense Council 

(‘‘NRDC’’), the New York State Energy Research and 

Development Authority (‘‘NYSERDA’’), and the 

Pacific Gas and Electric Company (‘‘PG&E’’). AHAM 

is representing the companies who manufacture 

consumer room air cleaners and are members of the 

Portable Appliance Division (DOE has included 

names of all manufacturers listed in the footnote on 

page 1 of the Joint Proposal and the signatories 

listed on pages 13–14): 3M Co.; Access Business 

Group, LLC; ACCO Brands Corporation; Air King, 

Air King Ventilation Products; Airgle Corporation; 

Alticor, Inc.; Beijing Smartmi Electronic 

Technology Co., Ltd.; BISSELL Inc.; Blueair Inc.; 

BSH Home Appliances Corporation; De’Longhi 

America, Inc.; Dyson Limited; Essick Air Products; 

Fellowes Inc.; Field Controls; Foxconn Technology 

Group; GE Appliances, a Haier company; Gree 

Electric Appliances Inc.; Groupe SEB; Guardian 

Technologies, LLC; Haier Smart Home Co., Ltd.; 

Helen of Troy-Health & Home; iRobot; Lasko 

Products, Inc.; Molekule Inc.; Newell Brands Inc.; 

Oransi LLC; Phillips Domestic Appliances NA 

Corporation; SharkNinja Operating, LLC; Sharp 

Electronics Corporation; Sharp Electronics of 

Canada Ltd.; Sunbeam Products, Inc.; Trovac 

Industries Ltd; Vornado Air LLC; Whirlpool 

Corporation; Winix Inc.; and Zojirushi America 

Corporation. 

3The Joint Proposal is available in the docket for 

this rulemaking at www.regulations.gov/comment/ 

EERE-2021-BT-STD-0035-0016. 

4AHAM AC–7–2022 Energy Test Method for 

Consumer Room Air Cleaners. Available for 

purchase at: https://www.aham.org/ 

ItemDetail?iProductCode=37002&Category=

PADSTD&websiteKey=c0a5e5a1-ea1c-42f1-9b84-

d62256c16ea2. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Troy Watson, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 449– 

9387. 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: 

I. Authority 

The Energy Policy and Conservation 

Act, Public Law 94–163, as amended 

(‘‘EPCA’’),1 authorizes DOE to issue a 

direct final rule establishing an energy 

conservation standard for a product on 

receipt of a statement submitted jointly 

by interested persons that are fairly 

representative of relevant points of view 

(including representatives of 

manufacturers of covered products, 

States, and efficiency advocates), as 

determined by the Secretary, that 

contains recommendations with respect 

to an energy or water conservation 

standard that are in accordance with the 

provisions of 42 U.S.C. 6295(o) or 42 

U.S.C. 6316, as applicable. (42 U.S.C. 

6295(p)(4)) 

The direct final rule must be 

published simultaneously with a notice 

of proposed rulemaking (‘‘NOPR’’) that 

proposes an energy or water 

conservation standard that is identical 

to the standard established in the direct 

final rule, and DOE must provide a 

public comment period of at least 110 

days on this proposal. (42 U.S.C. 

6295(p)(4)(A)–(B)) Not later than 120 

days after issuance of the direct final 

rule, DOE shall withdraw the direct 

final rule if (1) DOE receives one or 

more adverse public comments relating 

to the direct final rule or any alternative 

joint recommendation; and (2) based on 

the rulemaking record relating to the 

direct final rule, DOE determines that 

such adverse public comments or 

alternative joint recommendation may 

provide a reasonable basis for 

withdrawing the direct final rule. (42 

U.S.C. 6295(p)(4)(C)) If DOE makes such 

a determination, DOE must proceed 

with the NOPR published 

simultaneously with the direct final rule 

and publish in the Federal Register the 

reasons why the direct final rule was 

withdrawn. Id. 

DOE determined that it did not 

receive any adverse comments 

providing a basis for withdrawal 

described above for the direct final rule 

that is the subject of this document—air 

cleaners. As such, DOE did not 

withdraw this direct final rule and 

allowed it to become effective. Although 

not required under EPCA, DOE 

customarily publishes a summary of the 

comments received during the 110-day 

comment period and its responses to 

those comments. This document 

contains such a summary, as well as 

DOE’s responses, for air cleaners. 

II. Air Cleaners Direct Final Rule 

Air cleaners are not currently subject 

to Federal energy conservation 

standards. On January 25, 2022, DOE 

published a request for information 

(‘‘January 2022 RFI’’), seeking comments 

on potential test procedure and energy 

conservation standards for air cleaners. 

87 FR 3702. In the January 2022 RFI, 

DOE requested information to aid in the 

development of the technical and 

economic analyses to support energy 

conservation standards for air cleaners, 

should they be warranted. Id. 

In a final determination published on 

July 15, 2022 (‘‘July 2022 Final 

Determination’’), DOE determined that 

coverage of air cleaners is necessary or 

appropriate to carry out the purposes of 

EPCA; the average U.S. household 

energy use for air cleaners is likely to 

exceed 100 kilowatt-hours per year 

(‘‘kWh/yr’’); and thus, air cleaners 

qualify as a ‘‘covered product’’ under 

EPCA. 87 FR 42297. 

On August 23, 2022, DOE received a 

proposal jointly submitted by groups 

representing manufacturers, energy and 

environmental advocates, and consumer 

groups, hereinafter referred to as ‘‘the 

Joint Stakeholders.’’ 2 This proposal, 

titled ‘‘Joint Statement of Joint 

Stakeholder Proposal On Recommended 

Energy Conservation Standards And 

Test Procedure For Consumer Room Air 

Cleaners’’ (hereafter, the ‘‘Joint 

Proposal’’ 3), recommended specific 

energy conservation standards for air 

cleaners that, in the commenters’ view, 

would satisfy the EPCA requirements in 

42 U.S.C. 6295(o). The Joint Proposal 

urged DOE to publish final rules 

adopting the consumer room air cleaner 

test procedure and standards and 

compliance dates contained in the Joint 

Proposal, as soon as possible, but not 

later than December 31, 2022. (Joint 

Stakeholders, No. 16 at p. 1) The Joint 

Proposal also recommended that DOE 

adopt industry standard AHAM AC–7– 

2022 4 as the DOE test procedure. (Id. at 

p. 6) In regard to energy conservation 

standards, the Joint Proposal specified 

two-tiered (i.e., Tier 1 and Tier 2) 

standard levels, as shown in Table II.1, 

for conventional room air cleaners with 

proposed compliance dates of December 

31, 2023, and December 31, 2025, 

respectively. (Id. at p. 9). 

TABLE II.1—TIER 1 AND TIER 2 STANDARDS PROPOSED BY THE JOINT STAKEHOLDERS IN THE JOINT PROPOSAL

Product description IEF (PM2.5 CADR/W) 

Tier 1 * 

IEF (PM2.5 CADR/W) 

Tier 2 ** 

10 ≤ PM2.5 CADR < 100 .................................................................................................................. 1.69 1.89 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 60107 

5The standard levels enacted by the April 2023 

Direct Final Rule were rounded to the nearest tenth 

decimal consistent with the sampling plan 

requirements in 10 CFR 429.68. The rounding has 

no functional impact on the standards as compared 

to the levels proposed in the Joint Proposal. 

6Section 2.8 of the industry standard AHAM AC– 

7–2022 defines PM2.5 as particulate matter with an 

aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by a 

reference method based on 40 CFR part 50 Annex 

I and designated in accordance with 40 CFR part 

53 or by an equivalent method designated in 

accordance with 40 CFR part 53. 

7These values from the Joint Proposal are 

rounded according to the sampling plan in 10 CFR 

429.68. The rounding has no functional impact on 

the standards as compared to the levels in the Joint 

Proposal. 

TABLE II.1—TIER 1 AND TIER 2 STANDARDS PROPOSED BY THE JOINT STAKEHOLDERS IN THE JOINT PROPOSAL— 

Continued 

Product description IEF (PM2.5 CADR/W) 

Tier 1 * 

IEF (PM2.5 CADR/W) 

Tier 2 ** 

100 ≤ PM2.5 CADR < 150 ................................................................................................................ 1.90 2.39 

PM2.5 CADR ≥ 150 .......................................................................................................................... 2.01 2.91 

* Tier 1 standards would have a compliance date of December 31, 2023. 

** Tier 2 standards would have a compliance date of December 31, 2025. 

After carefully considering the 

consensus recommendations for 

establishing energy conservation 

standards for air cleaners submitted by 

the Joint Stakeholders, DOE determined 

that these recommendations were in 

accordance with the statutory 

requirements of 42 U.S.C. 6295(p)(4) for 

the issuance of a direct final rule and 

published a direct final rule on April 11, 

2023 (‘‘April 2023 Direct Final Rule’’). 

88 FR 21752, 21760. DOE also evaluated 

whether the recommendation satisfies 

42 U.S.C. 6295(o), as applicable, and 

found that the Joint Proposal 

recommended standard levels would 

result in significant energy savings and 

are technologically feasible and 

economically justified. 88 FR 21752, 

21753. Accordingly, the consensusrecommended efficiency levels for air 

cleaners were adopted as the new 

standard levels in the April 2023 Direct 

Final Rule.5 88 FR 21752, 21807–21810. 

These standards, which are expressed 

as an integrated energy factor (‘‘IEF’’) in 

terms of PM2.5 6 clean air delivery rate 

per watt (‘‘PM2.5 CADR/W’’), based on 

the product’s measured PM2.5 CADR. 

These standards apply to all products 

listed in Table II.2 and manufactured in, 

or imported into, the United States 

starting on December 31, 2023, for Tier 

1 standards and on December 31, 2025, 

for Tier 2 standards. The April 2023 

Direct Final Rule provides a detailed 

discussion of DOE’s analysis of the 

benefits and burdens of the new 

standards pursuant to the criteria set 

forth in EPCA. 88 FR 21752. 

TABLE II.2—ENERGY CONSERVATION STANDARDS FOR AIR CLEANERS

[Tier 1 compliance starting December 31, 2023; Tier 2 compliance starting December 31, 2025] 

Product class 

IEF (PM2.5 CADR/W) 7

Tier 1 

December 31, 2023 

Tier 2 

December 31, 2025 

PC1: 10 ≤ PM2.5 CADR < 100 ......................................................................................................... 1.7 1.9 

PC2: 100 ≤ PM2.5 CADR < 150 ....................................................................................................... 1.9 2.4 

PC3: PM2.5 CADR ≥ 150 ................................................................................................................. 2.0 2.9 

As required by EPCA, DOE also 

simultaneously published a NOPR 

proposing the identical standard levels 

contained in the April 2023 Direct Final 

Rule. 88 FR 21512. DOE considered 

whether any comment received during 

the 110-day comment period following 

the direct final rule was sufficiently 

‘‘adverse’’ as to provide a reasonable 

basis for withdrawal of the direct final 

rule and continuation of this rulemaking 

under the NOPR. When making a 

determination whether to withdraw a 

direct final rule, it is the substance, 

rather than the quantity, of comments 

that will ultimately determine whether 

a direct final rule will be withdrawn. To 

this end, DOE weighs the substance of 

any adverse comment(s) received 

against the anticipated benefits of the 

consensus recommendations and the 

likelihood that further consideration of 

the comment(s) would change the 

results of the rulemaking. DOE notes 

that to the extent an adverse comment 

had been previously raised and 

addressed in the rulemaking 

proceeding, such a submission will not 

typically provide a basis for withdrawal 

of a direct final rule. 

III. Comments on the Direct Final Rule 

As discussed in section I of this 

document, not later than 120 days after 

publication of a direct final rule, DOE 

shall withdraw the direct final rule if (1) 

DOE receives one or more adverse 

public comments relating to the direct 

final rule or any alternative joint 

recommendation; and (2) based on the 

rulemaking record relating to the direct 

final rule, DOE determines that such 

adverse public comments or alternative 

joint recommendation may provide a 

reasonable basis for withdrawing the 

direct final rule. (42 U.S.C. 

6295(p)(4)(C)(i)) 

DOE received comments in response 

to the April 2023 Direct Final Rule from 

the interested parties listed in Table 

III.1. 


ddrumheller on DSK120RN23PROD with RULES1
60108 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 

8The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking to develop energy conservation 

standards for air cleaners. (Docket No. EERE–2021– 

BT–STD–0035, which is maintained at 

www.regulations.gov). The references are arranged 

as follows: (commenter name, comment docket ID 

number, page of that document). 

9High efficiency particulate air (‘‘HEPA’’) filter is 

a pleated mechanical air filter that includes a 

porous filtration medium typically composed of 

randomly arranged polypropylene or fiberglass 

fibers. As air passes through the porous media, 

particulates in the air become trapped on the filter 

surface, allowing clean air to be discharged by the 

air cleaner. 

TABLE III.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE APRIL 2023 DIRECT FINAL RULE

Commenter(s) Abbreviation 

Comment 

number in 

the docket 

Commenter type 

SENSIRON AG ..................................................... SENSIRON AG ............. 27 Component Manufacturer. 

IQAir North America .............................................. IQAir .............................. 28 Manufacturer. 

Slaughter ............................................................... Slaughter ....................... 29 Individual. 

Association of Home Appliance Manufacturers .... AHAM ............................ 30 Trade Association. 

ACEEE, ASAP, AHAM, CFA, NRDC .................... Joint Stakeholders ........ 31 Individual Efficiency Organizations, Consumer 

Organization, and Trade Association. 

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.8 The following sections 

discuss the substantive comments DOE 

received on the April 2023 Direct Final 

Rule as well as DOE’s responses. 

A. General Comments 

In comments submitted in response to 

the April 2023 Direct Final Rule, the 

Joint Stakeholders and AHAM 

expressed support for the standard 

levels specified in the April 2023 Direct 

Final Rule as well as the process used 

to develop those standards. (Joint 

Stakeholders, No. 31 at pp. 1–2; AHAM. 

No. 30 at p. 1) The Joint Stakeholders 

noted their appreciation for DOE’s swift 

action in publishing the DFR and stated 

their belief that the standards are 

economically justified and 

technologically feasible and will 

achieve significant savings. (Joint 

Stakeholders, No. 31 at pp. 1–2) DOE 

appreciates the Joint Stakeholder’s 

comments and agrees that the standards 

are economically justified and 

technologically feasible and will result 

in significant energy savings. 

The Joint Stakeholders urged DOE to 

propose and finalize reporting criteria 

for air cleaners, especially because 

compliance with Tier 1 standards would 

be required beginning December 31, 

2023. The Joint Stakeholders stated that 

manufacturers would need to know the 

reporting criteria to begin completing 

their compliance reporting efforts. (Joint 

Stakeholders, No. 31 at p. 2) DOE 

acknowledges that certification data will 

be required for air cleaners; however, 

DOE did not adopt certification or 

reporting requirements for air cleaners 

in the April 2023 Direct Final Rule. 

Instead, DOE may consider proposals to 

establish certification requirements and 

reporting for air cleaners under a 

separate rulemaking regarding 

certification for covered products and 

equipment. 

B. Vacuum Cleaners With Air Cleaning 

Functionality 

AHAM commented that vacuum 

cleaners with a secondary air cleaning 

function should not be included in the 

scope of the air cleaners standards or 

test procedure at 10 CFR part 430, 

subpart B, appendix FF (‘‘appendix 

FF’’). AHAM noted that there are 

currently vacuum cleaners available on 

the market that clean the air as a 

secondary function simultaneously with 

the primary vacuuming function. 

(AHAM, No. 30 at pp. 1–2) AHAM 

commented that the air filter function 

for these products is not an independent 

function of the vacuum cleaner and that 

the product is not intended to be 

plugged in on an ongoing basis. For 

these reasons, AHAM commented that it 

understands that vacuum cleaners that 

also clean the air, while vacuuming are 

not under the scope of this rule or 

appendix FF. (AHAM, No. 30 at p. 2) 

AHAM commented that such vacuum 

cleaners would not meet the proposed 

standards, and asserted that the Joint 

Stakeholders had not considered such 

products in the scope when developing 

the standards that they presented to 

DOE in the Joint Proposal. AHAM also 

noted that it had examined these 

products as part of the AHAM AC–7– 

2022 task force and these products 

would not be in the scope of the AHAM 

AC–7–2022 standard. (Id.) AHAM 

suggested that DOE clarify that these 

products are not in the scope of the air 

cleaner standards via a guidance 

document. AHAM additionally stated 

that if these vacuum cleaners are 

included under the scope, then DOE 

could amend section 2.2.2 of appendix 

FF to indicate that if a product has air 

cleaning as a secondary function and 

one of the secondary listed functions is 

a primary function as defined by the 

product safety certification listing, then 

the test method would not apply to such 

products. (Id.) 

Air cleaners are defined as a product 

for improving indoor air quality, other 

than a central air conditioner, room air 

conditioner, portable air conditioner, 

dehumidifier, and furnace, that is an 

electrically-powered, self-contained, 

mechanically encased assembly that 

contains means to remove, destroy, or 

deactivate particulates, VOC [volatile 

organic compounds], and/or 

microorganisms from the air. It excludes 

products that operate solely by means of 

ultraviolet light without a far for air 

circulation. 10 CFR 430.2. In the July 

2022 Final Determination, DOE noted 

that the reason for explicitly stating that 

‘‘air cleaners are a product for 

improving indoor air quality’’ was to 

clarify that the term ‘‘air cleaners’’ does 

not include products that may provide 

some air cleaning as an ancillary 

function (e.g., a vacuum cleaner). 87 FR 

42297, 42302. Accordingly, vacuum 

cleaners that provide air cleaning as an 

ancillary function do not meet the 

definition of an air cleaner. 

C. Air Cleaners With Gas Filtration 

IQAir North America, Inc. together 

with Swiss affiliate IQAir AG 

(collectively ‘‘IQAir’’), commented that 

the standards established in the April 

2023 Direct Final Rule would have a 

permanent negative effect on some of its 

products and would eliminate an entire 

class of air purification products. 

(IQAir, No. 28 at pp. 1, 5) IQAir 

commented that it makes products for 

gaseous and odor filtration, including 

filtration of VOCs. (Id. at pp. 1–2) IQAir 

asserted that gas-phase filtration 

inherently requires greater energy than 

simple particulate/HEPA 9 filtration, 

and that due to the increased energy 

usage of gas-phase filtration, these 

products will not meet the IEF levels 

specified in the direct final rule and 

therefore will no longer be able to be 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 60109 

10See section 5.5.3 of the 2023 Direct Final Rule 

TSD for more information on technology options for 

improving efficiency. Available online at 

www.regulations.gov/document/EERE-2021-BTSTD-0035-0024. 

sold in the United States. (Id. at pp. 2– 

3) IQAir stated that its gas-phase air 

cleaners have played a vital role for 

specific segments of the population, 

such as those effected by natural gas 

exposure, which contains toxic VOCs 

and odorous gases. (Id. at p. 4) IQAir 

stated that gas-phase air cleaners are 

critical to its product lineup and being 

unable to sell them in the United States 

would be devastating to its business 

operations there. (Id. at p. 5) 

IQAir stated that one of the most 

effective ways to filter gases and odors 

is with granular sorbent media such as 

activated charcoal, and chemisorbant 

pellets. IQAir noted that its gasfiltration-based products include a 

proprietary blend of activated carbon 

and alumina, impregnated with 

potassium permanganate. (Id. at p. 2) 

IQAir noted that of the three of its 

products that offer this functionality, 

the top gas-filtration model is GCX, 

which includes cartridge-based granular 

filters containing over 20 pounds of 

media. IQAir noted that all three of 

these products meet the definition of an 

air cleaner as specified in the April 2023 

Direct Final Rule, would be subject to 

the standards established in that direct 

final rule, and would be tested in the 

same way as air cleaners that do not 

offer gas-phase filtration. (Id.) 

In explaining how gas-phase filtration 

inherently requires greater energy than 

simple particulate/HEPA filtration, 

IQAir stated that pushing air through 

the pre-filter and varying types and 

amounts of granular media requires 

electric motors of a certain power level. 

IQAir commented that its models have 

already achieved the best possible 

energy efficiency at given levels of gasphase reductions, capacity, and price. 

IQAir stated that the gas-phase filtration 

technology contained in its products 

performs a valuable, sought-after 

function, and that standard particulate/ 

HEPA systems are physically incapable 

of performing this same function. IQAir 

also stated that there is no feasible 

combination of currently available 

components or technology that could 

allow their air cleaners to meet the 

standards established in the April 2023 

Direct Final Rule without going into a 

price range that is far out of reach of its 

customers. IQAir requested that DOE 

consider the importance of the entire 

class of gas-phase products that it 

believes will be effectively banned by 

the standards established in the April 

2023 Direct Final Rule. (Id. at p. 5) 

IQAir also asserted that the large 

capacity of its air cleaners enables more 

contaminates to be absorbed over a 

longer period of time before needing 

filter replacements. (Id. at p. 4) 

DOE has conducted an extensive 

review of products that provide gaseous 

and odor filtration through the use of 

carbon filter media, including those 

models referenced in IQAir’s comments. 

Based on this review, DOE has 

concluded that it is technologically 

feasible to implement design options to 

achieve higher levels of efficiency in air 

cleaners that employ the key design 

characteristics observed in those models 

referenced in IQAir’s comments. 

Specifically, DOE observed that the 

HEPA-type filter included in IQAir’s 

products is up to 6 inches thick and that 

the units have an inlet/outlet air flow 

design that restricts airflow by drawing 

in air over a smaller surface area 

(compared to the size of the unit) at the 

base of the model and only allows air 

to exit over a small surface area at the 

topmost section of the cabinet. Further, 

DOE observed that IQAir’s products use 

a permanent split capacitor (‘‘PSC’’) fan 

motor, rather than more efficient 

brushless direct current (‘‘BLDC’’) fan 

motors that are used in other products. 

In chapter 5 of the technical support 

document (‘‘TSD’’) that accompanied 

the April 2023 Direct Final Rule (‘‘2023 

Direct Final Rule TSD’’), DOE noted that 

at efficiency level 1 (‘‘EL 1’’), which 

corresponds to the Tier 1 standards 

established in the April 2023 Direct 

Final Rule, efficiency improvements are 

achievable through optimizing the 

motor-filter relationship, typically by 

reducing the restriction of airflow (and 

therefore, the pressure drop across the 

filter) by increasing the filter surface 

area, reducing filter thickness, and/or 

increasing air inlet/outlet size.10 These 

design options improve airflow across 

the unit, enabling the use of a smaller 

motor and thereby reducing power 

consumption. Based on a detailed 

examination of air cleaner models from 

IQAir, DOE notes that IQAir could 

implement these design options by 

altering their case design to 

accommodate a thinner HEPA filter, 

while increasing the size of the air inlet 

at the base of the device. These changes 

would allow for a reduction in the size 

of the motor, while maintaining a 

similar airflow, which would decrease 

the power consumption of the unit. The 

case design could also be improved by 

expanding the size of the air outlet at 

the top of the device, which would 

further improve airflow. Additionally, 

IQAir could change to the more efficient 

BLDC motor. 

IQAir expressed concern that the 

standards established in the April 2023 

Direct Final Rule would eliminate an 

entire class of air cleaner products from 

the market. (See IQAir, No. 28 at p. 5) 

As discussed previously, DOE has 

reviewed the products using gasfiltration technology and determined 

that there are technology options 

available that would allow their 

products to meet the standards in the 

April 2023 Direct Final Rule. Given that 

there are technology options available 

for these products, DOE does not believe 

that this standard would cause the 

unavailability of air cleaner products 

with performance characteristics, 

features, sizes, capacities, or volumes 

that are substantially the same as those 

of the market at the time of the 

Secretary’s findings. 42 U.S.C. 

6295(o)(4). 

Regarding cost, DOE’s engineering 

analysis for the April 2023 Direct Final 

Rule considered the cost impacts of 

implementing the analyzed design 

options into air cleaners. See section 

5.5.3 of the April 2023 Direct Final Rule 

TSD. DOE notes that EPCA does not 

require it to choose the standard level 

with the least consumer cost, or the 

least cost to manufacturers, but only to 

assess those, among other, costs and 

benefits (using the 7 factors articulated 

at 42 U.S.C. 6295(o)) and determine 

whether the burdens outweigh the 

benefits. Additionally, as discussed 

above, DOE has not found that this 

standard would result in the 

unavailability in air cleaners of 

performance characteristics, features, 

size, capacities, and volumes that are 

substantially the same as those on the 

market at the time of this finding. (See 

42 U.S.C. 6295(o)(4)) In this case, the 

recommended standards met that 

standard, and DOE’s analysis and 

conclusions would not change based on 

the comments received. Thus, DOE does 

not consider these comments to provide 

a basis to justify a withdrawal of this 

direct final rule under EPCA. 

IQAir asserted that gas-phase air 

cleaners are unfairly measured by the 

DOE test procedure, and that their 

unique benefit is unrecognized. (Id. at p. 

5) IQAir stated that the standards 

established in the April 2023 Direct 

Final Rule encompass a broad range of 

devices including gas-phase air 

cleaners, but that they are based on a 

measure of only particulate 

performance. (Id.) IQAir noted that the 

standards are based on the measurement 

of CADR, which describes the initial 

cleaning performance of a filter and is 

expressed with respect to specific types 

of pollutants (i.e., PM2.5 CADR, pollen 

CADR, etc.). (Id. at p. 3) IQAir noted 


ddrumheller on DSK120RN23PROD with RULES1
60110 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 

11www.wellcertified.com/. 

12www.reset.build/. 

that while it is possible to determine 

CADR for gas-phase pollutants, it would 

still only measure initial air cleaning 

performance and would not account for 

degradation of performance over time. 

IQAir noted this is particularly relevant 

to gas-phase filtration, which relies on 

the capacity of granular media in order 

to maintain effective filtration, and 

without sufficient capacity, a granular 

filter might produce good initial gasphase CADR and then degrade to little 

or no filtration. Therefore, IQAir stated, 

accurate measurement of gas-phase 

filtration must include capacity. (Id.) 

IQAir stated that the most advanced 

standardized testing protocol for 

consumer gas-phase filtration is China’s 

GB/T 18801–2022, titled Air Cleaner, 

which measures both initial CADR and 

the amount of pollutant removed from 

the air until CADR drops to 50 percent 

of the initial value. IQAir stated that this 

methodology effectively measures the 

capacity of granular filters, enabling 

regulators and consumers to ensure that 

manufacturers do not game the system 

by achieving high CADR or high energy 

efficiency with unacceptable filter life. 

(Id.) IQAir suggested DOE include 

means of measuring gas-phase 

performance and capacity, and add a 

proportionate allowance in the 

calculation of IEF, which would 

recognize the value of gas-phase 

filtration and the practicality of 

implementing this technology without 

reducing the effectiveness of the air 

cleaner standards on non-gas-phase air 

cleaners. (Id. at p. 6) 

The Joint Stakeholders commented 

that it reviewed comments on the 

docket and observed a comment that 

suggested that certain products may 

have difficulty meeting the standards 

because the test procedure does not 

accurately measure the efficiency of the 

product. The Joint Stakeholders 

suggested test procedure waivers as a 

viable pathway for such products. (Joint 

Stakeholders, No. 31 at p. 2) 

As these comments pertain to the test 

procedure and not the establishment of 

standards, DOE does not consider these 

comments to provide a basis to justify 

a withdrawal of this direct final rule 

under EPCA. DOE finalized its test 

procedure for Air Cleaners on March 06, 

2023, noting that the air cleaner test 

procedure at appendix FF measures the 

PM2.5 CADR and power consumption of 

air cleaners using an established 

industry standard, AHAM AC–7–2022. 

88 FR 14014. DOE will consider any 

comments pertaining to test procedures, 

including comments suggesting 

additional tests for evaluating gasfiltration of air cleaners, in a future air 

cleaner test procedure rulemaking. In 

response to the comments from Joint 

Stakeholders, DOE notes that any 

interested person may submit a petition 

for test procedure waiver upon the 

grounds that the basic model contains 

one or more design characteristics 

which either prevent testing of the basic 

model according to the prescribed test 

procedures or cause the prescribed test 

procedures to evaluate the basic model 

in a manner so unrepresentative of its 

true energy and/or water consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1)). 

D. Automatic Mode 

SENSIRON AG commented that there 

is significant potential for energy 

savings by using air quality sensors for 

controlling the level of operation of the 

air cleaner, depending on the level of 

pollution in the indoor space where the 

device is used. SENSIRON AG 

requested that DOE consider the 

adoption of air quality sensors for 

operation control. SENSIRON AG also 

commented that to ensure sensors of 

appropriate quality are used, DOE 

should utilize sensor performance 

requirements as defined in existing 

healthy building standards (such as 

WELL 11 and RESET12). (SENSIRON 

AG, No. 27 at p. 1) 

DOE addressed public comments 

received regarding the use of automatic 

mode in the air cleaner test procedure 

final rule published March 6, 2023 

(‘‘March 2023 TP Final Rule’’). 88 FR 

14014, 14032. DOE noted in the March 

2023 TP Final Rule that industryaccepted test methods for other modes, 

such as automatic mode or low speed 

mode, do not currently exist. Id. at 88 

FR 14032. As discussed in section 

5.5.1.7 of the 2023 Direct Final Rule 

TSD, operation of air cleaners in 

automatic mode is not currently tested 

and, therefore, DOE determined that air 

quality sensors to improve automatic 

mode efficiency would not impact the 

efficiency levels analyzed for the direct 

final rule. 

While SENSIRON AG included 

recommended standards, DOE notes 

that these standards are applicable to 

the sensors that monitor air quality, not 

to the air cleaner itself. As this comment 

pertains to the test procedure and not 

the establishment of standards, DOE 

does not consider this comment to 

provide a basis to justify a withdrawal 

of this direct final rule under EPCA. 

DOE is participating in the AHAM task 

force that is currently developing a test 

method for testing air cleaners with 

automatic mode. As stated previously, 

DOE would consider any updates to the 

test procedure in a future test procedure 

rulemaking. 

IV. Impact of Any Lessening of 

Competition 

EPCA directs DOE to consider any 

lessening of competition that is likely to 

result from new or amended standards. 

(42 U.S.C. 6295 (p)(4)(A)(i) and (C)(i)(II); 

42 U.S.C. 6295(o)(2)(B)(i)(V)) It also 

directs the Attorney General of the 

United States (‘‘Attorney General’’) to 

determine the impact, if any, of any 

lessening of competition likely to result 

from a proposed standard and to 

transmit such determination to the 

Secretary within 60 days of the 

publication of a proposed rule, together 

with an analysis of the nature and 

extent of the impact. (42 U.S.C. 

6295(o)(2)(B)(i)(V) and (B)(ii)) To assist 

the Attorney General in making this 

determination, DOE provided the 

Department of Justice (‘‘DOJ’’) with 

copies of the April 2023 Direct Final 

Rule, the corresponding NOPR, and the 

2023 Direct Final Rule TSD for review. 

DOE has published DOJ’s comments at 

the end of this document. 

In its letter responding to DOE, DOJ 

concluded that based on its review, it 

does not have an evidentiary basis to 

conclude that the proposed energy 

conservation standards for air cleaners 

are likely to substantially lessen 

competition. Although the rule may 

limit consumers’ ability to purchase 

non-compliant products, DOJ stated that 

those impacts appear to result from the 

rule, itself. DOJ also stated that it is not 

aware of likely impacts on competition 

or the competitive process for air 

cleaners that will continue to be offered. 

DOJ acknowledged comments 

expressing concerns regarding whether 

the proposed standard is appropriate for 

certain products that may have 

functionality beyond air cleaning (e.g., 

vacuums) or provide air cleaning 

functionality that requires additional 

energy consumption (e.g., gas phase air 

cleaners). DOJ stated its understanding 

that DOE has discretion to grant waivers 

from a test procedure in certain 

circumstances (10 CFR 430.27(f)(2)). 

DOJ took no positions on these 

comments and concerns, but 

encouraged DOE, should it grant 

waivers in other product segments, to 

do so in a manner that preserves 

competition. 

In response to the April 2023 Direct 

Final Rule, an individual commented 

that the April 2023 Direct Final Rule 

would not allow a free market. 

(Slaughter, No. 29 at p. 1) 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 60111 

DOE considered any lessening of 

competition that would be likely to 

result from new or amended standards. 

Based on the DOJ review, DOE has 

determined it does not have an 

evidentiary basis to conclude that the 

April 2023 Direct Final Rule energy 

conservation standards for air cleaners 

are likely to substantially lessen 

competition. 

V. Review Under the National 

Environmental Policy Act of 1969 

Pursuant to the National 

Environmental Policy Act of 1969 

(‘‘NEPA’’), DOE had analyzed the direct 

final rule in accordance with NEPA and 

DOE’s NEPA implementing regulations 

(10 CFR part 1021). DOE determined 

that the rule qualifies for categorical 

exclusion under 10 CFR part 1021, 

subpart D, appendix B5.1 because it is 

a rulemaking that establishes energy 

conservation standards for consumer 

products or industrial equipment, none 

of the exceptions identified in B5.1(b) 

apply, no extraordinary circumstances 

exist that require further environmental 

analysis, and it meets the requirements 

for application of a categorical 

exclusion. See 10 CFR 1021.410. 

Therefore, DOE determined that 

promulgation of the direct final rule is 

not a major Federal action significantly 

affecting the quality of the human 

environment within the meaning of 

NEPA, and does not require an 

environmental assessment or an 

environmental impact statement. 

VI. Conclusion 

In summary, based on the previous 

discussion, DOE has determined that 

the comments received in response to 

the direct final rule for new energy 

conservation standards for air cleaners 

do not provide a reasonable basis for 

withdrawal of the direct final rule. As 

a result, the energy conservation 

standards set forth in the direct final 

rule became effective on August 9, 2023. 

Compliance with these standards is 

required on and after December 31, 

2023. 

Signing Authority 

This document of the Department of 

Energy was signed on August 28, 2023, 

by Francisco Alejandro Moreno, Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on August 28, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Appendix 

August 9, 2023 

Ami Grace-Tardy 

Assistant General Counsel for 

Legislation, Regulation and Energy Efficiency 

U.S. Department of Energy 

Washington, DC 20585 

Ami.Grace-Tardy@hq.doe.gov 

Re: Energy Conservation Standards for Air 

Cleaners, DOE Docket No. EERE–2021–BT– 

STD–0035 

Dear Assistant General Counsel Grace-Tardy: 

I am responding to your June 16, 2023 

letter seeking the views of the Attorney 

General about the potential impact on 

competition of proposed energy conservation 

standards for air cleaners. 

Your request was submitted under Section 

325(o)(2)(B)(i)(V) of the Energy Policy and 

Conservation Act, as amended (EPCA), 42 

U.S.C. 6295(o)(2)(B)(i)(V), which requires the 

Attorney General to determine the impact of 

any lessening of competition likely to result 

from proposed energy conservation 

standards. The Attorney General’s 

responsibility for responding to requests from 

other departments about the effect of a 

program on competition has been delegated 

to the Assistant Attorney General for the 

Antitrust Division in 28 CFR 0.40(g). The 

Assistant Attorney General for the Antitrust 

Division has authorized me, as the Policy 

Director for the Antitrust Division, to provide 

the Antitrust Division’s views regarding the 

potential impact on competition of proposed 

energy conservation standards on his behalf. 

In conducting its analysis, the Antitrust 

Division examines whether a proposed 

standard may lessen competition, for 

example, by substantially limiting consumer 

choice, by placing certain manufacturers at 

an unjustified competitive disadvantage, or 

by inducing avoidable inefficiencies in 

production or distribution of particular 

products. A lessening of competition could 

result in higher prices to manufacturers and 

consumers. 

We have reviewed the proposed standard 

contained in the direct final rule (88 FR 

21752, April 11, 2023), the companion notice 

of proposed rulemaking (88 FR 21512, April 

11, 2023), and the related technical support 

document. We have also reviewed public 

comments and information provided by 

industry participants. No Public Meeting was 

held in relation to this direct final rule. 

Based on this review, we do not have an 

evidentiary basis to conclude that the 

proposed energy conservation standards for 

air cleaners are likely to substantially lessen 

competition. Although the rule may limit 

consumers’ ability to purchase noncompliant products, those impacts appear to 

result from the rule, itself. We are not aware 

of likely impacts on competition or the 

competitive process for air cleaners that will 

continue to be offered. 

We are aware of comments expressing 

concerns regarding whether the proposed 

standard is appropriate for certain products 

that may have functionality beyond air 

cleaning (e.g., vacuums) or provide air 

cleaning functionality that requires 

additional energy consumption (e.g., gas 

phase air cleaners). We understand that the 

Department of Energy (DOE) has discretion to 

grant waivers from a test procedure in certain 

circumstances (10 CFR 430.27(f)(2)). We take 

no positions on these comments and 

concerns, but encourage DOE should it grant 

waivers in other product segments to do so 

in a manner that preserves competition. 

We ask that the DOE take these concerns 

into account in determining its final energy 

conservation standards for air cleaners. 

Sincerely, 

David G.B. Lawrence, 

Policy Director. 

[FR Doc. 2023–18860 Filed 8–30–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1814; Project 

Identifier AD–2023–00773–T; Amendment 

39–22541; AD 2023–17–14] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2022–18– 

11, which applied to all The Boeing 

Company Model 777 airplanes. AD 

2022–18–11 required repetitive 

inspections for cracking of the left- and 

right-side ring chords, repair angles, 

front spar lower chords, and front spar 

webs (depending on configuration) 

common to a certain underwing 

longeron; modification of the front spar 

lower chord for some airplanes; 

repetitive post-modification inspections; 

and applicable on-condition actions. 

This AD was prompted by a report of a 

crack found in a front spar lower chord, 

and the determination that errors in the 

service information mandated by AD 

2022–18–11 introduced a new unsafe 

condition related to the application of 


ddrumheller on DSK120RN23PROD with RULES1