This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

35660 

Vol. 86, No. 127 

Wednesday, July 7, 2021 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2020–BT–TP–0041] 

RIN 1904–AE15 

Energy Conservation Program: Test 

Procedures for Consumer Products; 

Early Assessment Review: Consumer 

Furnace Fans 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is undertaking an early 

assessment review to determine whether 

amendments are warranted for the test 

procedure for consumer furnace fans. 

DOE has identified certain issues 

associated with the currently applicable 

test procedure on which DOE is 

interested in receiving comment. The 

issues outlined in this document mainly 

concern: Test settings (selection of 

airflow control settings and external 

static pressure (‘‘ESP’’) requirement for 

airflow settings other than the 

maximum setting); incorporation by 

reference of the most recent industry 

test method; clarifications for testing of 

certain products, including furnace fans 

with modulating controls, furnace fans 

and modular blowers tested with 

electric heat kits, certain two-stage 

furnaces that operate at reduced input 

only for a preset period of time, dualfuel furnaces, and certain oil-fired 

furnaces; and issues related to test 

procedure repeatability and 

reproducibility. DOE welcomes written 

comments from the public on any 

subject within the scope of this 

document, including topics not raised 

in this request for information (‘‘RFI’’). 

DATES: Written comments and 

information are requested and will be 

accepted on or before August 6, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2020–BT–TP–0041, by 

any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: to FurnFans2020TP0041@

ee.doe.gov. Include docket number 

2020–BT–TP–0041 and/or RIN 1904– 

AE15 in the subject line of the message. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

III of this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including email, 

postal mail, or hand delivery/courier, 

the Department has found it necessary 

to make temporary modifications to the 

comment submission process in light of 

the ongoing pandemic. DOE is currently 

suspending receipt of public comments 

via postal mail and hand delivery/ 

courier. If a commenter finds that this 

change poses an undue hardship, please 

contact Appliance Standards Program 

staff at (202) 586–1445 to discuss the 

need for alternative arrangements. Once 

the COVID–19 pandemic health 

emergency is resolved, DOE anticipates 

resuming its regular options for public 

comment submission, including postal 

mail and hand delivery/courier. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, and other 

supporting documents/materials, is 

available for review at https://

www.regulations.gov. All documents in 

the docket are listed in the https://

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

The docket web page can be found at: 

https://beta.regulations.gov/docket/ 

EERE-2020-BT-TP-0041. The docket 

web page contains instructions on how 

to access all documents, including 

public comments, in the docket. See 

section III of this document for 

information on how to submit 

comments through https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Catherine Rivest, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 586– 

7335. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Pete Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–9496. Email: 

Peter.Cochran@hq.doe.gov. 

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. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority 

B. Rulemaking History 

II. Request for Information 

A. Scope and Definitions 

B. Test Procedure 

1. Default Airflow-Control Settings 

2. Modulating Controls and Thermostat 

Pairings 

3. ESP Requirements for Airflow-Control 

Settings Other Than the Maximum 

4. ESP Limits for Electric Resistance Heat 

Kits 

5. Updates to Industry Standards and 

Consensus-Based Test Procedures 

6. Tolerance on Temperature Measuring 

Instruments 

7. Dual-Fuel Heating Products 

8. Two-Stage Furnaces With LimitedDuration Reduced Stages 

9. Furnaces Shipped Without Burners 

10. Test Procedure Repeatability 

C. Test Procedure Waivers 

III. Submission of Comments 

I. Introduction 

DOE established an early assessment 

review process to conduct a more 

focused analysis that would allow DOE 

to determine, based on statutory criteria, 

whether an amended test procedure is 

warranted. 10 CFR part 430, subpart C, 

appendix A, section 8(a). This RFI 

requests information and data regarding 

whether an amended test procedure 

would more accurately and fully 

comply with the requirement that the 

test procedure produce results that 

measure energy use during a 

representative average use cycle for the 

product, and not be unduly burdensome 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules 35661 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

2 DOE defines the term ‘‘modular blower’’ in 

section 2.9 of Appendix AA as a product which 

only uses single-phase electric current, and which: 

(a) Is designed to be the principal air circulation 

source for the living space of a residence; (b) Is not 

contained within the same cabinet as a furnace or 

central air conditioner; and (c) Is designed to be 

paired with HVAC products that have a heat input 

rate of less than 225,000 Btu per hour and cooling 

capacity less than 65,000 Btu per hour. 

to conduct. To inform interested parties 

and to facilitate this process, DOE has 

identified several issues associated with 

the currently applicable test procedures 

on which DOE is interested in receiving 

comment. Based on the information 

received in response to the RFI and 

DOE’s own analysis, DOE will 

determine whether to proceed with a 

rulemaking for an amended test 

procedure. 

If DOE makes an initial determination 

that an amended test procedure would 

more accurately or fully comply with 

statutory requirements, or DOE’s 

analysis is inconclusive, DOE will 

undertake a rulemaking to issue an 

amended test procedure. If DOE makes 

an initial determination based upon 

available evidence that an amended test 

procedure would not meet the 

applicable statutory criteria, DOE will 

engage in notice and comment 

rulemaking before issuing a final 

determination that an amended test 

procedure is not warranted. 

A. Authority 

EPCA, among other things, 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 B1 of EPCA 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles. These products 

include consumer furnace fans, the 

subject of this document. (42 U.S.C. 

6295(f)(4)(D)) 

Under EPCA, DOE’s energy 

conservation program consists 

essentially of four parts: (1) Testing, (2) 

labeling, (3) Federal energy conservation 

standards, and (4) certification and 

enforcement procedures. Relevant 

provisions of EPCA include definitions 

(42 U.S.C. 6291), test procedures (42 

U.S.C. 6293), labeling provisions (42 

U.S.C. 6294), energy conservation 

standards (42 U.S.C. 6295), and the 

authority to require information and 

reports from manufacturers (42 U.S.C. 

6296). 

Federal energy efficiency 

requirements for covered products 

established under EPCA generally 

supersede State laws and regulations 

concerning energy conservation testing, 

labeling, and standards. (42 U.S.C. 6297) 

DOE may, however, grant waivers of 

Federal preemption in limited instances 

for particular State laws or regulations, 

in accordance with the procedures and 

other provisions set forth under 42 

U.S.C. 6297(d). 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for: (1) Certifying to 

DOE that their products comply with 

the applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6295(s)), and (2) making 

representations about the efficiency of 

those consumer products (42 U.S.C. 

6293(c)). Similarly, DOE must use these 

test procedures to determine whether 

the products comply with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) EPCA also requires that, 

at least once every 7 years, DOE 

evaluate test procedures for each type of 

covered product, including consumer 

furnace fans, to determine whether 

amended test procedures would more 

accurately or fully comply with the 

requirements for the test procedures to 

not be unduly burdensome to conduct 

and be reasonably designed to produce 

test results that reflect energy efficiency, 

energy use, and estimated operating 

costs during a representative average 

use cycle. (42 U.S.C. 6293(b)(1)(A)) DOE 

is publishing this RFI to collect data and 

information to inform its decision to 

satisfy the 7-year-lookback review 

requirement. 

B. Rulemaking History 

DOE published a final rule on January 

3, 2014, establishing the test procedure 

for consumer furnace fans at title 10 of 

the Code of Federal Regulations (‘‘CFR’’) 

part 430, subpart B, Appendix AA, 

Uniform Test Method for Measuring the 

Energy Consumption of Furnace Fans 

(‘‘Appendix AA’’). 79 FR 499 (‘‘January 

2014 Final Rule’’). The test procedure is 

applicable to air circulation fans used 

by weatherized and non-weatherized 

gas furnaces, oil furnaces, electric 

furnaces, and modular blowers.2 Section 

1, Appendix AA. For each of these 

categories, the test procedure covers 

both mobile home and non-mobile 

home models. The test procedure is not 

applicable to non-ducted products, such 

as whole-house ventilation systems 

without ductwork, central airconditioning condensing unit fans, 

room fans, and furnace draft inducer 

fans. 

As established in the January 2014 

Final Rule, Appendix AA incorporates 

by reference the definitions, test setup 

and equipment, and procedures for 

measuring steady-state combustion 

efficiency from the 2007 version of 

American National Standards Institute 

(‘‘ANSI’’)/American Society of Heating, 

Refrigerating and Air Conditioning 

Engineers (‘‘ASHRAE’’) Standard 103, 

Method of Testing for Annual Fuel 

Utilization Efficiency of Residential 

Central Furnaces and Boilers (‘‘ANSI/ 

ASHRAE 103–2007’’). In addition to 

these provisions, Appendix AA 

includes provisions for apparatuses and 

procedures for measuring temperature 

rise, external static pressure, and 

furnace fan electrical input power. 

Appendix AA also incorporates by 

reference provisions for measuring 

temperature and external static pressure 

from ANSI/ASHRAE 37–2009, Methods 

of Testing for Rating Electrically Driven 

Unitary Air-Conditioning and Heat 

Pump Equipment (‘‘ASHRAE 37– 

2009’’). 

In the January 2014 Final Rule, DOE 

determined that there is no need to 

address standby and off mode energy 

use in the test procedure for furnace 

fans, as the standby mode and off mode 

energy use associated with furnace fans 

is measured by test procedures for the 

products in which furnace fans are used 

(i.e., residential furnaces and residential 

central air conditioners and heat 

pumps). 79 FR 499, 504–505. 

On October 12, 2018, DOE received a 

petition (‘‘AHRI Petition’’) from the AirConditioning, Heating, and Refrigeration 

Institute (‘‘AHRI’’) requesting that DOE 

consider adopting a new test procedure 

and associated performance metric, 

‘‘AFUE2,’’ that would combine and 

replace the DOE test methods and 

associated performance metrics 

currently required for furnace fans (i.e., 

Fan Energy Rating (‘‘FER’’)) and 

consumer furnaces (i.e., annual fuel 

utilization efficiency (‘‘AFUE’’), standby 

mode energy consumption (PW,SB), and 

off mode energy consumption (PW,OFF)). 

On November 14, 2018, DOE published 

a notice of petition for rulemaking and 

requested comments to assist DOE in its 

determination of whether to proceed 

with the petition. 83 FR 56746. DOE 

received numerous comments on the 

petition, which are available for review 

in the docket at https://

www.regulations.gov/document/EERE2018-BT-PET-0017-0004. Accordingly, 

and consistent with the separate docket 

maintained for this matter, DOE will 

publish its final decision in the Federal 

Register on whether to grant or deny 

this petition in a separate notice. As 

DOE has already requested comments 

on the AFUE2 performance metric 

through the petition for rulemaking 

process, DOE is not requesting 


khammond on DSKJM1Z7X2PROD with PROPOSALS
35662 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules 

3For furnaces where the maximum airflow 

control setting is a heating setting, the maximum 

airflow control setting test and the default heating 

airflow control setting test would be identical, so 

only two tests are required: (1) Maximum airflow 

(which is the same as the default heating setting) 

and (2) constant circulation. 

additional comment on this topic in this 

RFI. 

II. Request for Information 

DOE is publishing this RFI to collect 

data and information during the early 

assessment review to inform its 

decision, consistent with its obligations 

under EPCA, as to whether the 

Department should proceed with an 

amended test procedure rulemaking, 

and if so, to assist in the development 

of proposed amendments. Accordingly, 

in the following sections, DOE has 

identified specific issues on which it 

seeks input to aid in its analysis of 

whether an amended test procedure for 

consumer furnace fans would more 

accurately or fully comply with the 

requirement that the test procedure 

produces results that measure energy 

use during a representative average use 

cycle for the product, and not be unduly 

burdensome to conduct. DOE also 

welcomes comments on other issues 

relevant to its early assessment that may 

not specifically be identified in this 

document. 

A. Scope and Definitions 

A ‘‘furnace fan’’ is ‘‘an electricallypowered device used in a consumer 

product for the purpose of circulating 

air through ductwork.’’ 10 CFR 430.2. 

As stated, DOE’s furnace fan test 

procedure is applicable to circulation 

fans used in weatherized and nonweatherized gas furnaces, oil furnaces, 

electric furnaces, and modular blowers. 

Section 1, Appendix AA. The test 

procedure is not applicable to nonducted products, such as whole-house 

ventilation systems without ductwork, 

central air-conditioning condensing unit 

fans, room fans, and furnace draft 

inducer fans. 

Section 2 of Appendix AA provides 

additional definitions relevant to 

furnace fans through incorporating by 

reference the definitions of section 3 of 

ASHRAE 103–2007 and defining 

additional terms both in addition to and 

in place of those from section 3 of 

ASHRAE 103–2007. Of particular 

relevance for this RFI (see further 

discussion in section II.B.1 of this 

document), section 2.2 of Appendix AA 

defines ‘‘Airflow-control settings’’ as 

‘‘programmed or wired control system 

configurations that control a fan to 

achieve discrete, differing ranges of 

airflow—often designated for 

performing a specific function (e.g., 

cooling, heating, or constant 

circulation)—without manual 

adjustment other than interaction with a 

user-operable control such as a 

thermostat that meets the manufacturer 

specifications for installed-use. For the 

purposes of [the furnace fan test 

procedure], manufacturer specifications 

for installed-use shall be found in the 

product literature shipped with the 

unit.’’ Section 2.6 of Appendix AA 

defines ‘‘Default airflow-control 

settings’’ as ‘‘the airflow-control settings 

specified for installed-use by the 

manufacturer. For the purposes of [the 

furnace fan test procedure], 

manufacturer specifications for 

installed-use are those specifications 

provided for typical consumer 

installations in the product literature 

shipped with the product in which the 

furnace fan is installed. In instances 

where a manufacturer specifies multiple 

airflow-control settings for a given 

function to account for varying 

installation scenarios, the highest 

airflow-control setting specified for the 

given function shall be used for the 

procedures specified in this appendix.’’ 

Issue 1: DOE seeks comment on 

whether any changes are warranted to 

the scope of applicable products 

currently covered by the test procedure 

in Appendix AA, and if so, how the 

scope should be revised. 

Issue 2: DOE seeks comment on 

whether any definitions in the test 

procedure at Appendix AA require any 

revision, and if so, how the definitions 

should be revised. 

B. Test Procedure 

Furnace fans are currently tested 

according to Appendix AA, which is 

used to calculate the Fan Energy Rating 

(‘‘FER’’). FER is expressed as watts per 

1,000 cubic feet per minute of airflow 

(‘‘W/1000 cfm’’) and is calculated as the 

estimated annual electrical energy 

consumption of the furnace fan (in watthours) normalized by: (a) The estimated 

total number of annual fan operating 

hours (1,870); and (b) the airflow in the 

maximum airflow-control setting. For 

the purposes of the DOE furnace fan test 

procedure, the estimated annual 

electrical energy consumption is the 

sum of the furnace fan electrical input 

power (in watts), measured separately 

for multiple airflow-control settings at 

different ESPs representing a typical 

installation, multiplied by national 

average operating hours associated with 

each setting. Section 10, Appendix AA. 

1. Default Airflow-Control Settings 

For furnace fans used in furnaces or 

modular blowers with single-stage 

heating, the three airflow-control 

settings required to be tested are: The 

maximum setting, the default constantcirculation setting, and the default 

setting when operated using the 

maximum heat input rate.3 For furnace 

fans used in furnaces or modular 

blowers with multi-stage heating or 

modulating heating, the airflow-control 

settings to be tested are: The maximum 

setting; the default constant-circulation 

setting; and the default setting when 

operated using the reduced heat input 

rate. See sections 8.6.1, 8.6.2 and 8.6.3 

of Appendix AA. For both single-stage 

and two-stage or modulating units, if a 

default constant-circulation setting is 

not specified, the lowest airflow-control 

setting is used to represent constant 

circulation. See section 8.6.2, Appendix 

AA. In addition, if the manufacturer 

specifies multiple heating airflowcontrol settings, the highest airflowcontrol setting specified for the given 

function (i.e., at the maximum or 

reduced input, as applicable) is used. 

See section 8.6.3, Appendix AA. 

Inquiries sent to DOE since the 

publication of the January 2014 Final 

Rule indicate that there are differing 

interpretations regarding the 

appropriate airflow-control settings for 

testing, with some manufacturers 

possibly interpreting the DOE test 

procedure as requiring testing only the 

‘‘as-shipped’’ airflow-control settings. 

However, as stated in section II.A, the 

definition for ‘‘Default airflow-control 

setting’’ specifically states that ‘‘[i]n 

instances where a manufacturer 

specifies multiple airflow-control 

settings for a given function to account 

for varying installation scenarios, the 

highest airflow-control setting specified 

for the given function shall be used for 

the procedures specified in this 

appendix.’’ Section 2.6 Appendix AA. 

Further, the definition defines the 

default airflow-control settings as 

airflow-control settings specified for 

installed-use by the manufacturer, 

which are those specifications provided 

for typical consumer installations in the 

product literature shipped with the 

product in which the furnace fan is 

installed. Id. These provisions account 

for manufacturer installation 

instructions that specify installation of a 

furnace fans with a setting other than 

the ‘‘as shipped’’ airflow-control 

settings and that specify multiple 

potential settings based on varying 

installation scenarios. For example, a 

furnace may be shipped with the low 

speed airflow-control setting configured 

for the heating function, but the 

installation manual shipped with the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules 35663 

furnace fan specifies the medium speed 

airflow-control setting for the heating 

function for certain installations, which 

is the highest airflow-control setting 

specified for the heating function. In 

this scenario, the DOE definition for 

‘‘Default airflow-control setting’’ 

instructs to test the medium airflowcontrol setting for heating, rather than 

the ‘‘as shipped’’ setting (i.e., the low 

setting), since there are multiple 

airflow-control settings for the heating 

function and the medium setting is the 

highest setting specified. See id. 

The inquiries DOE has received from 

manufacturers also indicate that some 

manufacturers may be interpreting the 

test procedure to require testing 

according to installation instructions 

printed on the control board. DOE notes 

that the same control board can be used 

across multiple products to reduce 

manufacturing complexity and cost, so 

instructions provided on a control board 

may not be applicable to every unit in 

which a control board is used, which 

could lead to contradictory 

specifications regarding the installed 

use of consumer furnace fans. For this 

reason, DOE specifies in the definition 

of default airflow-control setting that the 

manufacturer specifications for 

installed-use are those specifications 

provided for typical consumer 

installations in the product literature 

shipped with the product in which the 

furnace fan is installed. 

Issue 3: DOE requests comment on 

whether further instruction is needed 

for determining the appropriate airflow 

control settings for testing. 

Issue 4: In the event of conflicting 

airflow-control setting information 

across multiple sources, DOE seeks 

comment on what the hierarchy should 

be for following manufacturers’ 

instructions. 

In inquiries received after the January 

2014 Final Rule, manufacturers have 

stated that requiring testing of the 

highest airflow-control setting for a 

given function when presented with 

multiple airflow-control setting options 

may result in a control configuration 

that is not representative of field 

installation. 

Issue 5: DOE requests information 

about configuration of control settings 

for field installations of furnace fans. 

Specifically, for instances in which a 

manufacturer specifies multiple airflowcontrol settings for a given function, 

DOE requests information and data that 

could help inform which airflow-control 

setting would be most representative of 

consumer use, such as data indicating 

the frequency with which a furnace fan 

is installed using each of the specified 

airflow-control settings. 

In addition to specifying the airflowcontrol settings for testing, the DOE test 

procedure also specifies operating 

conditions (e.g., temperature rise ranges 

and ESP ranges). See section 8 of 

Appendix AA. In some instances, 

manufacturers specify that an airflowcontrol setting is to be used only under 

certain specified conditions, which are 

typically expressed as a maximum 

recommended ESP or temperature rise 

range associated with each airflowcontrol setting. In such instances, the 

manufacturer-specified operating 

conditions may not be consistent with 

the operating conditions required by the 

DOE test procedure. As a result, the 

furnace fan would be tested at 

conditions outside of those specified by 

the manufacturer for the applicable 

setting, if the airflow-control setting is 

one that is required to be tested. Section 

8 of Appendix AA requires 

measurements of the heating setting 

operating within the ESP range and the 

temperature rise range defined by the 

test procedure, regardless of the range 

specified by the manufacturer. The 

operating conditions required by DOE 

are intended to produce results that 

measure energy efficiency during a 

representative average use cycle for 

furnace fans. See 79 FR 500, 504 (Jan. 

3, 2014). 

Moreover, testing outside the 

conditions specified by the 

manufacturer may not be possible. 

Because furnaces are designed with 

safety controls that will automatically 

shut off the furnace when the outlet 

temperature reaches a certain 

temperature threshold, if the unit is 

operated at conditions other than those 

it is designed for, it may shut down 

before testing can be completed. For 

example, a thermal cutout switch might 

‘‘trip’’ during testing causing the unit to 

shut down if the outlet temperature 

exceeds the temperature threshold of 

the safety control. 

Issue 6: DOE requests data on the 

operating conditions typically 

encountered in the field for furnace fans 

across the various design options and 

input capacities currently available on 

the market. 

Issue 7: DOE requests information on 

whether and to what extent safety shutdowns have occurred during testing. 

In other cases, furnace fans have 

airflow-control settings that are 

designated by the manufacturer as being 

suitable for multiple functions (i.e., 

heating, cooling, circulation); however, 

in the field each setting would be used 

only for a single function. The function 

that the setting would be used for when 

installed varies depending on 

installation needs (e.g., assignment of a 

given airflow-control speed that can be 

used either for heating or cooling may 

be based on design considerations such 

as the size of the cooling coil paired 

with the furnace). In some field 

installations, the furnace fan must be 

physically reconfigured or re-wired to 

assign a particular function to the 

desired airflow-control setting. As 

discussed in section II.A, Appendix AA 

defines airflow-control settings as being 

configured so that they perform a 

certain function without manual 

adjustment other than interaction with a 

user-operable control such as a 

thermostat that meets the manufacturer 

specifications for installed use. 

However, in cases where multiple 

functions are assigned to the same 

airflow-control setting, the current test 

procedure could be understood to 

require that the unit be tested in 

multiple functions, meaning that the 

unit would need to be manually 

reconfigured or rewired during testing. 

For example, for a single-stage furnace 

fan, if the same airflow-control setting 

was designated as both the highest 

default heat function and the highest 

default constant-circulation function, 

then laboratory personnel would be 

required to first wire the fan motor to 

conduct the heating test at that airflow 

control setting, and later rewire the fan 

motor to conduct the constant 

circulation test at the same airflow 

control setting. Similarly, rewiring 

could be required for multi-stage or 

modulating furnace fans for which the 

same airflow control setting was the 

highest airflow control setting for 

constant circulation function and the 

highest airflow control setting for 

reduced heat function, and the setting 

was not able to be configured for both 

functions without reconfiguring or rewiring the setting. (DOE notes that there 

is no requirement to test at a specific 

manufacturer specified airflow-control 

setting for cooling function for the DOE 

test.) See sections 8.6.1.1, 8.6.1.2, and 

8.6, Appendix AA. Re-configuring or rewiring an airflow-control setting in such 

a manner would not be representative of 

how that unit is installed and operated 

in the field and conflicts with the 

requirement that an airflow-control 

setting perform a certain function 

without manual adjustment. 

Issue 8: DOE seeks comment on 

whether there are furnace fans on the 

market for which the combination of 

control settings required by the DOE test 

procedure would require 

reconfiguration or re-wiring of the unit 

during testing under the current DOE 

test procedure. DOE also requests 

information on whether manufacturers 

have plans to introduce such furnace 


khammond on DSKJM1Z7X2PROD with PROPOSALS
35664 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules 

fans into the market. If so, DOE requests 

comment on whether a hierarchy should 

be established to give precedence to a 

given function. 

2. Modulating Controls and Thermostat 

Pairings 

DOE is aware that an increasing 

proportion of furnace fans employ 

modulating controls for heating, and 

constant circulation modes that allow 

fan speed to continuously vary as 

opposed to operating at a discrete speed 

for each function. These fans are 

characterized by having electrically 

commutated brushless permanent 

magnet (‘‘BPM’’) motors, which can be 

paired with thermostats that have the 

capability to provide modulating control 

in order to make use of the BPM’s 

ability to vary its speed to maintain a 

constant airflow at various ESPs. 

Because input from the thermostat is 

essential to the functioning of these 

types of systems, furnace fan 

performance may be dependent on the 

specific type of thermostat with which 

the system is paired as it could vary 

depending on the types of control 

signals provided by the thermostat. In 

field operation, modulating controls 

enable the furnace fan to reduce its 

speed to match heating demand during 

periods of low heating demand. 

Section 8.3 of Appendix AA requires 

that the system operate continuously for 

at least 30 minutes at each discrete 

airflow setting, which would preclude 

dynamic response to thermostat signals 

that vary more frequently than 30 

minutes. In addition, there are no 

specific provisions for testing the 

performance of the furnace fan under 

modulating control conditions. Further, 

the furnace fan test procedure relies on 

an assumed number of hours each year 

that the furnace fan is in heating mode 

operating at a constant fan speed. See 

Table IV.2, Appendix AA. A modulating 

furnace fan could potentially spend a 

portion of these hours operating at a fan 

speed other than the speed required by 

the test method, impacting the energy 

use during periods of lower heating 

demand and, consequently, reduced fan 

speed. 

Issue 9: DOE requests information 

about available control features that 

impact fan performance. Specifically, 

DOE requests information and data 

regarding modulating control 

approaches currently in use or planned 

for future use, whether the performance 

differences of such modulating furnace 

fans are currently adequately captured 

by the furnace fan test procedure, and, 

if necessary, what new provisions could 

be necessary to reflect the impact of 

these control features in FER ratings. If 

new provisions are suggested, DOE also 

seeks comment on any burdens 

associated with those provisions. 

Issue 10: DOE requests comment on 

the most common type of thermostats 

used by consumers, particularly with 

regards to furnace fans with modulating 

control strategies. 

DOE has also observed that some 

furnace fans have a ‘‘ramping profile’’ 

setting that is selectable through dual 

in-line package (‘‘DIP’’) switch 

adjustments during installation. 

Ramping profiles allow a modulating 

furnace fan to gradually ramp up or 

down over time to meet the target fan 

speed instead of immediately 

controlling to the target fan speed. 

Ramping profiles are often marketed as 

providing additional benefits to users by 

increasing dehumidification in cooling 

mode, providing faster outlet 

temperature change in heating mode, 

and reducing fan noise. As noted, 

section 8.3 of Appendix AA requires 

that the system operate continuously for 

at least 30 minutes at each test point 

before steady state conditions are 

achieved and test parameters start to be 

recorded, and testing is conducted at 

steady-state and would not account for 

any ramping period. 

Issue 11: DOE requests information on 

the prevalence of field installations for 

modulating furnace fans where dip 

switches are selected to allow for 

ramping behavior. 

Issue 12: DOE requests information on 

whether ramping profiles may result in 

any difference in tested performance vs 

field performance, and whether this 

difference should be captured by the 

furnace fans test procedure. 

3. ESP Requirements for AirflowControl Settings Other Than the 

Maximum 

Sections 8.6.2 and 8.6.3 of Appendix 

AA provide the test requirements for 

taking measurements in airflow-control 

settings other than the maximum 

airflow-control setting. Both sections 

state that their respective required 

operating settings be maintained ‘‘until 

steady-state conditions are attained as 

specified in section 8.3, 8.4, and 8.5’’ of 

Appendix AA. Regarding ESP, sections 

8.3, 8.4, and 8.5 state that stabilization 

is ‘‘indicated by an external static 

pressure within the range shown in 

Table 1.’’ The ESP values in Table 1, as 

indicated by the table’s title, apply only 

to the maximum airflow-control setting 

(section 8.6.1), and therefore are not 

applicable to sections 8.6.2 and 8.6.3. In 

an accompanying statement 

immediately below Table 1, Appendix 

AA directs that ‘‘once the specified ESP 

has been achieved, the same outlet duct 

restrictions shall be used for the 

remainder of the furnace fan test.’’ As 

such, the test procedure specifies the 

ESP conditions in terms of the ductwork 

geometry when testing at airflow-control 

settings other than the maximum 

airflow-control setting. 

Given that the ESP will vary as the 

airflow-control setting is changed if the 

outlet duct restriction remains 

unchanged, the ESP targets in Table 1 

are not required to be met at the airflowcontrol settings other than the 

maximum setting. DOE is considering 

whether it would be helpful to instruct 

more directly that the Table 1 ESP 

requirements are only applicable to the 

maximum airflow control setting; for all 

other airflow-control settings, the 

required ESP is that which results from 

using the same test duct restrictions as 

used for the maximum airflow-control 

setting. Further, DOE is seeking 

feedback on whether additional criteria 

is necessary to limit variability in ESP 

readings for steady-state operation 

during the tests for airflow-control 

settings other than the maximum 

airflow setting. 

Issue 13: DOE requests comment on 

how manufacturers are currently 

implementing sections 8.6.2 and 8.6.3 

with respect to ESP. 

Issue 14: DOE requests comments on 

whether it is necessary to further clarify 

that the specific ESP values in Table 1 

are not required to be maintained for 

testing to sections 8.6.2 and 8.6.3. 

Issue 15: DOE requests comments on 

whether additional direction is needed 

as to the ESP requirement provided in 

the statement accompanying Table 1, 

including whether additional criteria is 

necessary to limit variability in ESP 

readings for steady-state operation 

during the tests for airflow-control 

settings other than the maximum 

airflow setting, and if so, what that 

direction should be. 

4. ESP Limits for Electric Resistance 

Heat Kits 

Modular blowers are not contained in 

the same cabinet as a furnace or central 

air conditioner and are sold as standalone products that can come with a 

variety of sizes of heating elements. 

During testing, they must be paired with 

the electric resistance ‘‘heat kit’’ that is 

likely to have the largest volume of 

retail sales with that basic model of 

modular blower. Section 6.3, Appendix 

AA. An electric resistance heat kit is a 

group of usually three to seven electric 

resistance coils, called elements, each of 

which typically is rated at five 

kilowatts. These heating elements can 

activate in stages to provide the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules 35665 

4Achievement of the measurement accuracy 

requirement was calculated using the thermocouple 

characteristics found in Table 1 of ANSI/ASTM 

E230/E230M–17 and assuming that the overall 

measurement accuracy is equal to the measurement 

tolerance of individual thermocouples of that type 

divided by the square root of ‘n’, where n is the 

number of thermocouples. 

appropriate amount of heat to the 

conditioned space. 

Section 6.3 of Appendix AA requires 

modular blowers to be tested with the 

electric resistance heat kit with the 

largest volume of retail sales with that 

basic model of modular blower. Section 

6.6 of Appendix AA also includes 

provisions for electric furnaces that use 

electric resistance heat elements. With 

an electric resistance heat kit, some 

modular blowers and electric furnaces 

shut off the electric resistance heat 

elements beyond certain ESP limits. 

These ESP limits may be lower than the 

ESP levels required by Appendix AA. 

As a result, the resistance heat elements 

would not be energized during testing, 

making it impossible to complete a test 

that reflects the electrical energy 

consumption of the electric heating 

elements as required in section 8.6.3 of 

Appendix AA. Since these elements 

would be energized during typical field 

use, the test procedure may not produce 

results that measure energy efficiency 

during a representative average use 

cycle. 

Issue 16: DOE requests comment on 

the prevalence of electric resistance 

heating kits installed in modular 

blowers and electric furnaces that have 

cutoff limits based on ESP. 

Issue 17: DOE requests comment on 

the typical range of ESP values at which 

electric resistance heat kits will 

automatically shut off. 

Issue 18: DOE requests data on the 

ESP ranges that this equipment 

experiences in the field and the 

frequency with which electric resistance 

heat kits are turned off during actual 

operation of modular blowers and 

electric furnaces. 

5. Updates to Industry Standards and 

Consensus-Based Test Procedures 

In general, DOE will adopt industry 

test standards as DOE test procedures 

for covered equipment, unless such 

methodology would be unduly 

burdensome to conduct or would not 

produce test results that reflect the 

energy efficiency, energy use, water use 

(as specified in EPCA) or estimated 

operating costs of that equipment during 

a representative average use cycle. 

Section 8(c) of appendix A to subpart C 

of 10 CFR part 430. 

The current DOE test procedure for 

furnace fans incorporates by reference 

ANSI/ASHRAE 103–2007. ANSI/ 

ASHRAE 103–2007 is a test procedure 

for residential furnaces and boilers, 

rather than a specific test procedure for 

furnace fans, and calculates AFUE, 

rather than FER. Therefore, DOE’s test 

procedure for furnace fans in Appendix 

AA includes references to only certain 

sections of ANSI/ASHRAE 103–2007, 

including requirements for 

instrumentation and test apparatus 

setup as well as test methodology. 

Appendix AA also includes additional 

instructions for conducting the FER test, 

including instructions for calculating 

FER. 

In July 2017, ASHRAE published an 

update to ASHRAE 103, i.e., ANSI/ 

ASHRAE 103–2017. The 2017 version 

made several editorial changes to the 

2007 version, including use of 

mandatory language and use of the 

International System of units. In 

addition to these editorial changes, the 

2017 revision made updates to the test 

duct and plenum figure (Figure 2 of 

ANSI/ASHRAE 103–2017) and the 

system number table (Table 6 of ANSI/ 

ASHRAE 103–2017), and removed 

figures for surface heat transfer and 

coefficient of radiation (Figures 12 and 

13 of ANSI/ASHRAE 103–2007). It also 

adopted an amendment made by DOE in 

a July 10, 2013 final rule that modified 

the residential furnace and boiler test 

procedure to provide a means to 

accurately calculate AFUE for two-stage 

and modulating condensing furnace and 

boiler models meeting the criteria in 

section 9.10 of ANSI/ASHRAE 103– 

1993 (the version incorporated by 

reference at the time of the 2013 final 

rule). 78 FR 41265, 41268. 

Figure 2 of ANSI/ASHRAE 103–2017 

was changed to reflect an extension of 

the minimum length of the inlet duct 

from 12 inches to 18 inches. The current 

DOE test procedure requires that ESP 

taps be placed a minimum of 12 inches 

from the product inlet, indicating that 

models installed with a return (inlet) air 

duct must have a duct length greater 

than 12 inches. Section 6.4.1, Appendix 

AA. In practice, DOE does not expect 

this change to interfere with nor impact 

the performance rating of consumer 

furnace fans, because the external static 

pressure and airflow will not change 

with this alteration. Additional notes 

were also added to Figure 2 to clarify 

inlet duct construction and pressure 

measurement. 

Issue 19: DOE seeks comment on any 

additional changes (not discussed 

above) made in the 2017 version of 

ANSI/ASHRAE 103 as compared to 

2007 version currently incorporated by 

reference in the DOE test procedure for 

furnace fans. 

Issue 20: DOE requests comment on 

whether to update the referenced 

version of ANSI/ASHRAE 103 to the 

2017 version and if so, what impacts 

would that have on the test procedure 

and test procedure results. 

Issue 21: DOE seeks comment on 

whether its assumption that increasing 

the minimum inlet duct length from 12 

inches to 18 inches will not impact the 

performance rating is correct and, if not, 

how this duct length change would 

change the rating. 

Issue 22: DOE seeks comment on the 

availability of consensus-based test 

procedures for measuring the energy use 

of furnace fans that could be adopted 

without modification and more 

accurately or fully comply with the 

requirement that the test procedure 

produces results that measure energy 

use during a representative average use 

cycle for the product, and not be unduly 

burdensome to conduct. 

6. Tolerance on Temperature Measuring 

Instruments 

Section 5.1 of Appendix AA, which 

references Section 5.1 of ASHRAE 37– 

2009, requires that temperature 

measuring instruments must be accurate 

to within 0.75 °F. Section 6 of Appendix 

AA references section 7 of ASHRAE 

103–2007 for the test apparatus setup. 

Section 7.6 of ASHRAE 103–2007 

includes instructions to take 

temperature measurements with 

thermocouple grids constructed of 

either 5, 9, or 17 thermocouples, 

depending on the stack diameter. The 

measurement accuracy of a 

thermocouple grid depends on the type 

and number of thermocouples used, as 

well as the magnitude of the air 

temperature being measured. Using the 

types of thermocouples commonly used 

in test facilities (including ‘‘T-type’’ and 

‘‘K-type’’), the measurement accuracy 

required in Appendix AA is achievable 

with a minimum of 5 thermocouples at 

temperatures up to approximately 

450 °F.4 Stack temperatures in gas-fired 

furnaces are unlikely to exceed this 

temperature. However, DOE has 

observed some oil-fired furnaces with 

stack temperatures exceeding 500 °F. 

DOE is considering whether additional 

specifications are required to 

accommodate the measurement of stack 

temperatures of oil-fired furnaces to 

ensure the repeatability and 

reproducibility of FER calculations. 

Issue 23: DOE seeks comment on the 

number and types of thermocouples, or 

other temperature measurement devices, 

that laboratories use to measure the 

stack temperatures of oil-fired furnaces. 

Issue 24: DOE requests comment on 

whether stack temperatures of gas-fired 


khammond on DSKJM1Z7X2PROD with PROPOSALS
35666 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules 

5For gas and oil furnaces, Section 8.3 of 

Appendix AA specifies that steady-state operation 

is indicated by specific defined ranges of ESP and 

temperature for 3 measurements taken 15 minutes 

apart, for a total steady-state operation period of 30 

minutes. For electric furnaces and modular blowers, 

Section 8.4 of Appendix AA specifies that steadystate operation is indicated by specific defined 

ranges of ESP and temperature for 4 measurements 

taken 15 minutes apart, for a total steady-state 

operation period of 45 minutes. 

6Table 1 in Section 8.6.1.2 specifies the required 

minimum external static pressure in the maximum 

airflow-control setting by installation type. For each 

installation type, the furnace fan must be tested 

within a 0.05 in. w.c. range of the required ESP test 

condition. ESP adjustment is accomplished by 

symmetrically restricting the outlet of the test duct 

until the target ESP condition is attained within 

tolerance. 

furnaces are likely to exceed 450 °F. If 

so, DOE also seeks comment on the 

number and types of thermocouples or 

other temperature measurement devices, 

that laboratories use to measure the 

stack temperatures of such gas-fired 

furnaces. 

Issue 25: DOE requests comment on 

the accuracy of measurement devices 

currently used to test oil-fired furnaces 

or gas-fired furnaces with stack 

temperatures exceeding 450 °F. 

Issue 26: DOE requests comment on 

any burdens that would be associated 

with adding specifications to address 

the measurement of outlet air 

temperatures greater than 450 °F. 

7. Dual-Fuel Heating Products 

Some residential heating products 

include an electric heat pump and gas 

burner, often referred to as dual-fuel or 

hybrid heating units. These products are 

designed to provide heating with the 

heat pump and/or gas burner, 

depending on the operating conditions 

(e.g., outdoor air temperature and 

heating demand). The annual operating 

characteristics of a dual-fuel product 

may differ significantly from a typical 

furnace. This is because the inclusion of 

a heat pump may change the amount of 

operating time necessary to meet the 

heating load demand when compared 

with a gas burner alone, resulting in 

changes to the operating hours of the 

fan. Therefore, the estimated national 

annual operating values provided in 

Table IV.2 of Appendix AA may not be 

representative of an average use cycle 

for furnaces installed in dual-fuel 

applications. In addition, under the 

current DOE test procedure, there are no 

provisions to set up or operate furnace 

fans as dual-fuel heating units. 

Issue 27: DOE requests comment on 

the typical operating characteristics of 

dual-fuel systems. Specifically, DOE 

requests comment on what conditions 

dictate when the heat pump or gas 

burner are providing heat, and during 

what conditions the heat pump and gas 

burner operate simultaneously. 

Issue 28: DOE requests comment on 

whether and how the user has control 

over which heating source is used in a 

dual-fuel system. 

8. Two-Stage Furnaces With LimitedDuration Reduced Stages 

The DOE test procedure requires 

testing two-stage furnaces in ‘‘reduced’’ 

heating mode, which corresponds to 

burner operation at the nameplate 

minimum input rating. Section 8.6.3, 

Appendix AA. Typically, two-stage 

furnaces determine whether to operate 

at the reduced or maximum input based 

on heating demand and are capable of 

operating in reduced heating mode for 

extended periods of time if demand 

remains low. However, DOE has 

identified two-stage furnace models that 

use the reduced heating stage only 

temporarily and that ramp-up to the 

high heating stage after a pre-set period 

of time if the call for heat from the 

thermostat is not satisfied. DOE has 

observed that the ramp-up period for 

these models may be configurable by the 

user, but is temporary and shorter in 

duration than the time required to 

achieve the steady-state conditions 

during a test.5 A ramp period that is 

shorter than the DOE-required period to 

achieve steady-state precludes these 

furnaces from completing a valid test as 

a two-stage furnace because the steadystate conditions cannot be met at the 

reduced input rate before the unit 

automatically ramps up to the 

maximum input rate. 

Issue 29: DOE requests comment on 

how the industry currently tests and 

certifies two-stage furnaces that 

automatically ramp up from the reduced 

input to the maximum input after a set 

period. 

Issue 30: DOE requests comment on 

the prevalence of two-stage furnaces 

that are controlled such that they are 

unable to achieve steady-state operation 

under the DOE test procedure in 

reduced heating mode. 

9. Furnaces Shipped Without Burners 

DOE is aware that some furnaces are 

shipped without a burner and the 

furnace manufacturer specifies one or 

multiple options for compatible burners 

in product literature (e.g., brochures and 

installation manuals). This is 

particularly common for oil-fired 

furnaces. In cases where multiple 

burner options from multiple 

manufacturers are specified, the 

different burners may have performance 

differences that impact FER even though 

the various options may each provide 

the same heating capacity. These 

burners may be constructed differently 

between manufacturers, potentially 

resulting in different steady-state 

heating efficiency and/or different 

airflow resistance characteristics, both 

of which would impact FER. DOE’s 

furnace fan test procedure and 

certification requirements do not specify 

whether to test and certify a furnace that 

is compatible with multiple burners 

with each specified burner, or a single 

manufacturer-specified burner. If 

different burner options are used in tests 

for a given oil furnace and burner 

selection impacts FER, this could result 

in test repeatability issues. 

Issue 31: DOE requests comments on 

whether and by how much burner 

selection can impact furnace fan 

performance, particularly as measured 

by FER. If burner selection does impact 

furnace fan performance, DOE requests 

comment on potential approaches for 

specifying burner(s) for testing. 

10. Test Procedure Repeatability 

DOE understands that variations in 

ESP 6 or ambient conditions (such as dry 

bulb temperature or relative humidity) 

can affect test results. In particular, the 

relative humidity and dry bulb 

temperature of the test room must be 

measured at the beginning of the test, 

but there is no specified value or 

tolerance that must be met. DOE seeks 

comment and information on whether 

these factors could pose a challenge to 

obtaining repeatable test results and 

reproducible results across laboratories. 

Issue 32: DOE requests comment on 

whether stakeholders have encountered 

difficulty obtaining repeatable and 

reproducible FER results using 

Appendix AA. Specifically, DOE seeks 

information and data on how 

significantly fluctuations in ESP and 

ambient conditions (within the 

boundaries allowed by Appendix AA) 

can impact FER ratings. 

C. Test Procedure Waivers 

A person may seek a waiver from the 

test procedure requirements for a 

particular basic model of a type of 

covered product when the basic model 

for which the petition for waiver is 

submitted contains one or more design 

characteristics that: (1) Prevent testing 

according to the prescribed test 

procedure, or (2) cause the prescribed 

test procedures to evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). On February 20, 2019, DOE 

received a petition for waiver and an 

application for interim waiver from ECR 

International, Inc. (‘‘ECR’’) for several 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules 35667 

7See: https://www.regulations.gov/ 

document?D=EERE-2019-BT-WAV-0004-0001. 

8See: https://www.regulations.gov/document/ 

EERE-2019-BT-WAV-0004-0015. 

models of belt-driven, single-speed 

furnace fans designed for heating-only 

applications in oil-fired warm air 

furnaces.7

The current DOE test procedure for 

furnace fans does not contain any 

provisions specific to ‘‘heating-only’’ 

units. In a notice of proposed 

rulemaking published on May 15, 2012, 

DOE initially determined that for 

heating-only furnaces, a reference 

system ESP of 0.50 in. w.c. would 

provide test results representative of an 

average use cycle. 77 FR 28674, 28686. 

However, DOE withdrew the proposal 

for separate conditions for heating-only 

furnace fans in a subsequent 

supplemental notice of proposed 

rulemaking, because DOE was unable to 

identify heating-only models on the 

market at that time that were within the 

scope of the rulemaking. 78 FR 19606, 

19619 (April 2, 2013). Therefore, in the 

January 2014 Final Rule, DOE did not 

adopt separate ESP requirements for 

heating-only furnace fans. See 79 FR 

500, 505–506. 

In its petition for waiver, ECR asserted 

that the furnace fan basic models 

specified in its petition have design 

characteristics that prevent testing of the 

basic model according to the test 

procedure prescribed in Appendix AA. 

Specifically, ECR claimed that testing 

such furnace fans at the ESP 

requirements in Appendix AA reduces 

airflow and increases temperature rise 

to the point where the units shut off 

during testing due to high temperature 

limits, making it impossible to reach 

steady state for testing at the required 

conditions. On March 9, 2021, DOE 

published a Decision and Order granting 

ECR a waiver from the applicable test 

procedure at 10 CFR part 430, subpart 

B, appendix AA for specified basic 

models of furnace fans, which specifies 

an alternate test procedure (specifically 

it specifies alternate ESP test 

conditions). 86 FR 13530. The Decision 

and Order provides that ECR must test 

and rate such products using the 

alternate test procedure set forth in the 

Decision and Order.8 Id. at 86 FR 

13534–13535. 

The test procedure waiver for these 

furnace fans basic models provides 

alternate test provisions to measure 

energy that are representative of realworld use conditions for the basic 

models specified in the Order. 

Issue 33: DOE requests feedback on 

whether the test procedure waiver 

approach is generally appropriate for 

testing all basic models of furnace fans 

designed for heating-only applications. 

III. Submission of Comments 

DOE invites all interested parties to 

submit in writing by the date specified 

in the DATES heading, comments and 

information on matters addressed in this 

RFI and on other matters relevant to 

DOE’s early assessment of whether an 

amended test procedure for furnace fans 

is warranted and if so, what such 

amendments should be. 

Submitting comments via https://

www.regulations.gov. The https://

www.regulations.gov web page requires 

you to provide your name and contact 

information. Your contact information 

will be viewable to DOE Building 

Technologies staff only. Your contact 

information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to https://

www.regulations.gov information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (CBI)). Comments 

submitted through https://

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through https://www.regulations.gov 

before posting. Normally, comments 

will be posted within a few days of 

being submitted. However, if large 

volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that https://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to https:// 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information in a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. No 

telefacsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English, and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email two well-marked 

copies: one copy of the document 

marked ‘‘confidential’’ including all the 

information believed to be confidential, 

and one copy of the document marked 

‘‘non-confidential’’ with the information 

believed to be confidential deleted. DOE 

will make its own determination about 

the confidential status of the 

information and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures and 


khammond on DSKJM1Z7X2PROD with PROPOSALS
35668 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules 

energy conservation standards. DOE 

actively encourages the participation 

and interaction of the public during the 

comment period in each stage of this 

process. Interactions with and between 

members of the public provide a 

balanced discussion of the issues and 

assist DOE in the process. Anyone who 

wishes to be added to the DOE mailing 

list to receive future notices and 

information about this process should 

contact Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or via email at 

ApplianceStandardsQuestions@

ee.doe.gov. 

Signing Authority 

This document of the Department of 

Energy was signed on June 29, 2021, by 

Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on June 30, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–14338 Filed 7–6–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–STD–0003] 

RIN 1904–AF13 

Energy Conservation Program for 

Appliance Standards: Procedures, 

Interpretations, and Policies for 

Consideration in New or Revised 

Energy Conservation Standards and 

Test Procedures for Consumer 

Products and Commercial/Industrial 

Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy (EERE), Department 

of Energy. 

ACTION: Notice of proposed rulemaking 

and request for comment. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’ or the ‘‘Department’’) 

proposed major revisions to the 

Department’s ‘‘Procedures, 

Interpretations, and Policies for 

Consideration of New or Revised Energy 

Conservation Standards and Test 

Procedures for Consumer Products and 

Certain Commercial/Industrial 

Equipment’’ (‘‘Process Rule’’) in a notice 

of proposed rulemaking that was 

published on April 12, 2021. DOE 

accepted comments on those proposed 

revisions through May 27, 2021. In this 

document, DOE proposes additional 

revisions to the Process Rule and 

requests comment on the proposals and 

any potential alternatives. These 

additional proposed revisions are 

consistent with current DOE practice 

and would remove unnecessary 

obstacles to DOE’s ability to meet its 

statutory obligations under the Energy 

Policy and Conservation Act (‘‘EPCA’’). 

DATES: Comments: DOE will accept 

comments, data, and information 

regarding all aspects of this notice of 

proposed rulemaking on or before 

August 23, 2021. DOE will hold a 

webinar on Tuesday, August 10, 2021 

from 11:00 a.m. to 4:00 p.m. See section 

V, ‘‘Public Participation,’’ for webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

https://www.regulations.gov/docket/ 

EERE-2021-BT-STD-0003. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments by email to the 

following address: 

processrule2021STD0003@ee.doe.gov. 

Include ‘‘2nd 2021 Process Rule NOPR’’ 

and docket number EERE–2021–BTD– 

STD–0003 and/or RIN number 1904– 

AF13 in the subject line of the message. 

Submit electronic comments in 

WordPerfect, Microsoft Word, PDF, or 

ASCII file format, and avoid the use of 

special characters or any form of 

encryption. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing coronavirus disease 2019 

(‘‘COVID–19’’) pandemic. DOE is 

currently accepting only electronic 

submissions at this time. If a commenter 

finds that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the Covid–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

No telefacsimiles (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V (Public Participation) of 

this document. 

Docket: The docket for this 

rulemaking, which includes Federal 

Register notices, comments, and other 

supporting documents/materials, is 

available for review at https://

www.regulations.gov. All documents in 

the docket are listed in the https://

www.regulations.gov index. This docket 

also contains all comments and 

rulemaking documents associated with 

the notice of proposed rulemaking that 

was published on April 12, 2021. 

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: 

https://www.regulations.gov/docket/ 

EERE-2021-BT-STD-0003. The docket 

web page contains instructions on how 

to access all documents, including 

public comments, in the docket. 

FOR FURTHER INFORMATION CONTACT: 

Mr. John Cymbalsky, 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. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Pete Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–9496. Email: 

Peter.Cochran@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of Proposal 

II. Authority and Background 

A. Authority 

B. Background 

III. Discussion of Proposed Revisions to the 

Process Rule 

A. Coverage Determinations 

B. Process for Developing Energy 

Conservation Standards 

C. Process for Developing Test Procedures 

D. ASHRAE Equipment 

E. Analytical Methodology 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866 

and 13563 


khammond on DSKJM1Z7X2PROD with PROPOSALS