[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Proposed Rules]
[Pages 29576-29603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09808]



[[Page 29575]]

Vol. 87

Friday,

No. 93

May 13, 2022

Part III





Department of Energy





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10 CFR Part 430





Energy Conservation Program: Test Procedure for Consumer Furnace Fan; 
Proposed Rule

Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Proposed 
Rules

[[Page 29576]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2020-BT-TP-0041]
RIN 1904-AE15


Energy Conservation Program: Test Procedure for Consumer Furnace 
Fans

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
test procedure for consumer furnace fans to: Clarify the scope of 
applicability; incorporate by reference the most recent version of 
industry test methods; establish a test method for furnace fans 
incapable of operating at the required external static pressure; 
clarify 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, dual-fuel furnaces, and certain 
oil-fired furnaces; and make updates to improve test procedure 
repeatability and reproducibility. DOE is seeking comment from 
interested parties on the proposals.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than July 12, 2022. See section V, ``Public 
Participation,'' for details. DOE will hold a webinar on Thursday, May 
19, 2022, from 1:00 p.m. to 3:00 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 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: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: to <a href="/cdn-cgi/l/email-protection#470132352901262934757775771317777773760722226923282269202831"><span class="__cf_email__" data-cfemail="c482b1b6aa82a5aab7f6f4f6f49094f4f4f0f584a1a1eaa0aba1eaa3abb2">[email protected]</span></a>. Include docket number 
EERE-2020-BT-TP-0041 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 V of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing coronavirus 2019 (``COVID-19'') pandemic. DOE is currently 
suspending receipt of public comments via postal mail and hand 
delivery/courier. If a commenter finds that this change poses an undue 
hardship, please contact Appliance Standards Program staff at (202) 
586-1445 to discuss the need for alternative arrangements. Once the 
COVID-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
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, 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 www.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 V for information on how to submit comments through 
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-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-7335. Email <a href="/cdn-cgi/l/email-protection#a9e8d9d9c5c0c8c7caccfaddc8c7cdc8dbcddaf8dcccdaddc0c6c7dae9cccc87cdc6cc87cec6df"><span class="__cf_email__" data-cfemail="571627273b3e3639343204233639333625332406223224233e3839241732327933383279303821">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#aefecbdacbdc80edc1cdc6dccfc0eec6df80cac1cb80c9c1d8"><span class="__cf_email__" data-cfemail="461623322334680529252e342728062e376822292368212930">[email protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#bafbcacad6d3dbd4d9dfe9cedbd4dedbc8dec9ebcfdfc9ced3d5d4c9fadfdf94ded5df94ddd5cc"><span class="__cf_email__" data-cfemail="4b0a3b3b27222a25282e183f2a252f2a392f381a3e2e383f222425380b2e2e652f242e652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE maintains a previously approved 
incorporation by reference (ASHRAE 41.1-1986 (Reapproved (``RA'') 
2006)), and proposes to incorporate by reference the following industry 
standards into 10 CFR part 430:
    ANSI/AMCA 210-07, ANSI/ASHRAE 51-07 (``AMCA 210-2007''), Laboratory 
Methods of Testing Fans for Certified Aerodynamic Performance Rating, 
approved 2007.
    ANSI/ASHRAE Standard 37-2009 (RA 2019) (including Errata Sheets 
issued October 3, 2016 and April 25, 2019) (``ASHRAE 37-2009 (RA 
2019)''), Methods of Testing for Rating Electrically Driven Unitary 
Air-Conditioning and Heat Pump Equipment, approved 2019.
    ANSI/ASHRAE Standard 41.2-1987 (RA 92), (``ASHRAE 41.2-1987 (RA 
1992)''), Standard Methods for Laboratory Airflow Measurement, approved 
1992.
    ANSI/ASHRAE 103-2017 (``ASHRAE 103-2017''), Method of Testing for 
Annual Fuel Utilization Efficiency of Residential Central Furnaces and 
Boilers, approved 2017.
    Copies of AMCA 210-2007 can be obtained from Air Movement and 
Control Association International, Inc. (AMCA), 30 West University 
Drive, Arlington Heights, IL 60004, (847) 394-0150, or by going to 
http://www.amca.org/store/item.aspx?ItemId=81.
    Copies of ANSI/ASHRAE 37-2009 (RA 2019), ASHRAE 41.2-1987 (RA 
1992), and ASHRAE 103-2017, can be obtained from the American Society 
of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 
Publication Sales, 1791 Tullie Circle NE, Atlanta, GA 30329, 800-527-
4723 or (404) 636-8400, or go to www.ashrae.org.
    For a further discussion of these standards, see section IV.M. of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    C. Deviation From Appendix A
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope and Definitions
    1. CACs, HPs, and SDHVs
    2. Dual-Fuel Heating Products
    B. Updates to Industry Standards
    C. Furnace Fans That Operate at Low External Static Pressures
    D. Test Procedure Repeatability and Reproducibility
    1. Ambient Conditions
    a. Temperature

[[Page 29577]]

    b. Humidity
    2. Airflow Determination
    3. Location of External Static Pressure Measurements
    4. Language Updates
    a. Definitions
    b. External Static Pressure
    c. Power Measurements
    d. Other Language Clarifications
    E. Nomenclature and Equations
    F. Thermocouple Accuracy
    G. Burner Selection
    H. Reporting Requirements
    I. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    a. Airflow Determination
    b. Additional Amendments
    2. Harmonization With Industry Standards
    J. Compliance Date and Waivers
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    1. Description of Reasons Why Action Is Being Considered
    2. Objectives of, and Legal Basis for, Rule
    3. Description and Estimate of Small Entities Regulated
    4. Description and Estimate of Compliance Requirements
    5. Identification of Duplication, Overlap, and Conflict With 
Other Rules and Regulations
    6. A Description of Significant Alternatives to the Rule
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to establish and amend energy conservation standards and 
test procedures for consumer furnace fans. (42 U.S.C. 6295(f)(4)(D)) 
DOE's energy conservation standards and test procedures for consumer 
furnace fans are currently prescribed at title 10 of the Code of 
Federal Regulations (``CFR''), part 430 section 32(y); and 10 CFR part 
430 subpart B appendix AA, Uniform Test Method for Measuring the Energy 
Consumption of Furnace Fans (``appendix AA''), respectively. The 
following sections discuss DOE's authority to establish test procedures 
for consumer furnace fans and relevant background information regarding 
DOE's consideration of test procedures for this product.
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
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A. Authority

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products include consumer furnace fans, the subject of this document. 
(42 U.S.C. 6295(f)(4)(D))
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    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically 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).
    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 other 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))
    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 for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    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 or period of use. (42 U.S.C. 6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures.
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the

[[Page 29578]]

current test procedures already account for and incorporate standby and 
off mode energy consumption or such integration is technically 
infeasible. If an integrated test procedure is technically infeasible, 
DOE must prescribe a separate standby mode and off mode energy use test 
procedure for the covered product, if technically feasible. (42 U.S.C. 
6295(gg)(2)(A)(ii)) Any such amendment must consider the most current 
versions of the International Electrotechnical Commission (IEC) 
Standard 62301 \3\ and IEC Standard 62087 \4\ as applicable. (42 U.S.C. 
6295(gg)(2)(A))
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018).
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    DOE is publishing this NOPR in satisfaction of the 7-year review 
requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Background

    As discussed, DOE's existing test procedures for consumer furnace 
fans appear at appendix AA. Appendix AA provides procedures and 
calculations to determine the fan energy rating (``FER''), expressed as 
watts per 1,000 cubic feet per minute of airflow (``W/1000 cfm'').
    DOE established the test procedure for consumer furnace fans at 
appendix AA in a final rule published on January 3, 2014 (``January 
2014 Final Rule''). 79 FR 499. The test procedure is applicable to 
furnace fans used by weatherized and non-weatherized gas furnaces, oil 
furnaces, electric furnaces, and modular blowers.\5\ 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 air-conditioning (``CAC'') condensing 
unit fans, room fans, and furnace draft inducer fans, since a ``furnace 
fan'' is defined as ``an electrically-powered device used in a consumer 
product for the purpose of circulating air through ductwork.'' 10 CFR 
430.2.
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    \5\ 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.
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    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 
(``ASHRAE 103-2007''). In addition to these provisions, appendix AA 
includes provisions for apparatuses and procedures for measuring 
temperature rise, external static pressure (``ESP''), and furnace fan 
electrical input power. Appendix AA also incorporates by reference 
provisions for measuring temperature and ESP from ANSI/ASHRAE 37-2009, 
Methods of Testing for Rating Electrically Driven Unitary Air-
Conditioning and Heat Pump Equipment (``ASHRAE 37-2009'') including its 
reference in Section 5.1 to ASHRAE 41.1-1986 (RA 2006), Standard Method 
for Temperature Measurement.
    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 consumer 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., consumer furnaces and 
consumer central air conditioners and heat pumps). 79 FR 499, 504.
    On July 7, 2021, DOE published in the Federal Register a request 
for information (``July 2021 RFI'') seeking comments on the existing 
DOE test procedure for consumer furnace fans to determine whether 
amendments are warranted for the test procedure for consumer furnace 
fans. 86 FR 35660. More specifically, DOE requested comments, 
information, and data about a number of issues, mainly concerning: Test 
settings (including selection of airflow control settings and 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, dual-fuel furnaces, and certain 
oil-fired furnaces; and issues related to test procedure repeatability 
and reproducibility. Id.
    DOE received comments in response to the July 2021 RFI from the 
interested parties listed in Table I.1.

  Table I.1--List of Commenters With Written Submissions in Response to
                            the July 2021 RFI
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                                   Reference in this
          Commenter(s)                   NOPR           Commenter type
------------------------------------------------------------------------
Carrier Corporation.............  Carrier...........  Manufacturer.
Air Conditioning, Heating &       AHRI..............  Trade Association.
 Refrigeration Institute.
Pacific Gas and Electric          CA IOUs...........  Utilities.
 Company, Southern California
 Edison, San Diego Gas &
 Electric Company; collectively,
 the California Investor-Owned
 Utilities.
Northwest Energy Efficiency       NEEA..............  Efficiency
 Alliance.                                             Organization.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\6\
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    \6\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for consumer furnace fans. (Docket No. EERE-2020-BT-
STD-0041, which is maintained at www.regulations.gov). The 
references are arranged as follows: (commenter name, comment docket 
ID number, page of that document).
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C. Deviation From Appendix A

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A''), DOE notes that it is deviating from the 
provision in appendix A regarding the pre-NOPR process for test 
procedure rulemakings. Section 8(b) of appendix A states if DOE 
determines that it is appropriate to continue the test procedure 
rulemaking after the early assessment process, it

[[Page 29579]]

will provide further opportunities for early public input through 
Federal Register documents, including notices of data availability and/
or requests for information. DOE is opting to deviate from this 
provision due to the substantial feedback and information supplied by 
commenters in response to the July 2021 RFI. As discussed previously, 
DOE requested comment on a number of specific topics in the July 2021 
RFI, and comments received in response to the July 2021 RFI informed 
the proposals included in this NOPR, as addressed in the following 
sections.

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to update appendix AA of 10 CFR part 
430, Uniform Test Method for Measuring the Energy Consumption of 
Furnace Fans as follows:
    (1) Specify testing instructions for furnace fans incapable of 
operating at the required ESP.
    (2) Incorporate by reference the most recent versions of industry 
standards, ASHRAE 103-2017 and ASHRAE 37-2009 (RA 2019), in 10 CFR 
430.3.
    (3) Define dual-fuel furnace fans and exclude them from the scope 
of appendix AA.
    (4) Change the term ``default airflow-control settings'' to 
``specified airflow-control settings''.
    (5) Add provisions to directly measure airflow.
    (6) Revise the ambient temperature conditions allowed during 
testing to between 65 degreees Fahrenheit (``[hairsp][deg]F[hairsp]'') 
and 85 [deg]F for all units (both condensing and non-condensing).
    (7) Assign an allowable range of relative humidity during testing 
to be between 20 percent and 80 percent.
    DOE's proposed actions are summarized in Table II.1 compared to the 
current test procedure as well as the reason for the proposed change.

  Table II.1--Summary of Changes in Proposed Test Procedure Relative to
                         Current Test Procedure
------------------------------------------------------------------------
                                     Proposed test
  Current DOE test procedure           procedure           Attribution
------------------------------------------------------------------------
Does not specify instructions   Specifies testing       Response to
 for testing furnace fans that   instructions for        granted waiver
 are incapable of operating at   furnace fans            from the test
 the specified ESP.              incapable of            procedure.
                                 operating at the
                                 specified ESP.
Incorporates by reference       Incorporates by         Incorporate the
 ASHRAE 103-2007 and ASHRAE 37-  reference ASHRAE 103-   most recent
 2009.                           2017 and ASHRAE 37-     industry test
                                 2009 (RA 2019).         procedure.
Does not address dual-fuel      Defines dual-fuel       Clarify scope of
 furnace fans.                   furnace fans in         coverage of the
                                 appendix AA and         test procedure.
                                 explicitly excludes
                                 them from the scope
                                 of the test method.
Defines ``default airflow-      Defines ``specified     Clarifying
 control settings''.             airflow-control         selection of
                                 settings'' to           airflow control
                                 differentiate the       settings during
                                 settings used in        testing.
                                 testing from the as-
                                 shipped settings.
Calculates airflow using ESP    Requires measuring      Improve
 and temperature rise            airflow directly.       repeatability
 measurements.                                           and
                                                         reproducibility
                                                         of test
                                                         results.
Ambient temperature must        Ambient temperature     Improve
 remain between 65 [deg]F and    must remain between     repeatability
 100 [deg]F for non-condensing   65 [deg]F and 85        and
 furnaces and between 65         [deg]F for all          reproducibility
 [deg]F and 85 [deg]F for        furnaces.               of test
 condensing furnaces.                                    results.
Does not specify an allowable   Requires ambient        Improve
 range of relative humidity.     relative humidity to    repeatability
                                 be maintained between   and
                                 20% and 80% for all     reproducibility
                                 furnaces.               of test
                                                         results.
------------------------------------------------------------------------

    DOE has tentatively determined that the proposed amendments 
described in section III of this NOPR would not alter the measured 
efficiency of consumer furnace fans, or require retesting or 
recertification solely as a result of DOE's adoption of the proposed 
amendments to the test procedures, if made final. Discussion of DOE's 
proposed actions are addressed in detail in section III of this NOPR.

III. Discussion

A. Scope and Definitions

    As discussed, a ``furnace fan'' is ``an electrically-powered device 
used in a consumer product for the purpose of circulating air through 
ductwork.'' 10 CFR 430.2. As stated, DOE's test procedure is applicable 
to furnace fans used in weatherized and non-weatherized gas furnaces, 
oil furnaces, electric furnaces, and modular blowers. Section 1, 
appendix AA. The test procedure is not applicable to non-ducted 
products, such as whole-house ventilation systems without ductwork, CAC 
condensing unit fans, room fans, and furnace draft inducer fans, since 
a ``furnace fan'' is defined as ``an electrically-powered device used 
in a consumer product for the purpose of circulating air through 
ductwork.'' 10 CFR 430.2.
    In the July 2021 RFI, DOE sought 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. 86 FR 35660, 35662.
1. CACs, HPs, and SDHVs
    In response to DOE's questions about the scope of products covered 
by appendix AA, AHRI recommended that the exclusion of fans in CACs, 
heat pumps (``HPs''), small-duct high-velocity (``SDHV'') modular 
blowers, SDHV electric furnaces, and ductless products from the test 
procedure at appendix AA be maintained. AHRI commented that the fan 
efficiency for CAC and HP products is adequately addressed through 
DOE's test procedure at appendix M1.\7\ (AHRI, No. 5 at p. 2)
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    \7\ Use of appendix M1 is required on or after January 1, 2023, 
for any representations, including compliance certifications, made 
with respect to the energy use, power, or efficiency of CACs and CAC 
heat pumps.
---------------------------------------------------------------------------

    NEEA suggested that the language of 42 U.S.C. 6295(f)(4)(D),\8\ as 
discussed by DOE in the January 2014 Final Rule, could support the 
inclusion of furnace fans distributing air through ductwork for CACs, 
air source HPs, and hydronic systems, and encouraged DOE to specify 
that these are within the scope of the test procedures in appendix AA. 
NEEA commented that the explicit inclusion of CAC and air source HP 
units within the test procedure could result in significant energy 
savings. (NEEA, No. 3 at p. 4)
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    \8\ 42 U.S.C. 6295(f)(4)(D) specifies the following: 
Notwithstanding any other provision of this chapter, if the 
requirements of subsection (o) are met, not later than December 31, 
2013, the Secretary shall consider and prescribe energy conservation 
standards or energy use standards for electricity used for purposes 
of circulating air through duct work.

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[[Page 29580]]

    Carrier commented that the FER requirement for single packaged air 
conditioners with gas heat is no longer needed because the fan 
efficiency will be adequately measured when these products transition 
to the appendix M1 test procedure on January 1, 2023. Carrier commented 
that should DOE choose not to remove single packaged air conditioners 
from the scope, the test procedure should be updated to account for 
units with two stages of cooling operation and to credit these units 
for the lower fan power during low-stage cooling operation. (Carrier, 
No. 2 at pp. 1-2)
    AHRI commented that modular blowers without supplementary heating 
sources are currently included in the scope of the furnace fan test 
procedure, but suggested that DOE should exempt these products from the 
scope of the test procedure. AHRI stated that fans that are connected 
to duct work but that are unable to be tested as shipped (e.g., without 
an electric heat resistance kit) should be excluded from the regulation 
and not be considered furnace fans. (AHRI, No. 5 at p. 3)
    DOE is directed by EPCA to ``consider and prescribe energy 
conservation standards or energy use standards for electricity used for 
purposes of circulating air through ductwork.'' (42 U.S.C. 
6295(f)(4)(D)) As DOE described in the January 2014 Final Rule, such 
language could be interpreted as encompassing electrically-powered 
devices used in any residential heating, ventilation, and air-
conditioning (``HVAC'') product to circulate air through duct work, not 
just furnaces. 79 FR 499, 504. However, DOE established test procedures 
only for those fans that are used in residential furnaces and modular 
blowers. DOE did not address fans in other types of HVAC products (such 
as CACs, HPs, and SDHV modular blowers) in that rule. Id.
    Regarding the suggestion by AHRI to exclude modular blowers from 
the scope of the test procedure, DOE notes that modular blower fans are 
included within the scope of appendix AA and are subject to standards 
prescribed at 10 CFR 430.32(y). DOE must maintain the test method for 
modular blowers to assure that such products meet the required minimum 
level of energy efficiency specified in the standard. (42 U.S.C. 
6295(r)) DOE has not received any waiver requests regarding modular 
blowers and is not aware of any modular blowers that are not designed 
to be paired with supplementary heating sources. However, to the extent 
that a specific basic model of modular blower is unable to be tested 
according to the prescribed test procedure in appendix AA, DOE provides 
the test procedure waiver process at 10 CFR 430.27.
    In response to Carrier's suggestion to remove single packaged air 
conditioners from the scope of appendix AA, DOE notes the ``anti-
backsliding'' provision of EPCA prevents the Secretary from prescribing 
any amended standard that either increases the maximum allowable energy 
use or decreases the minimum required energy efficiency of a covered 
product. (42 U.S.C. 6295(o)(1)) DOE would be unable to separate the 
furnace fan's energy consumption from that of other system components 
that affect SEER2 and HSPF2 ratings, and thus could not ensure that the 
energy consumption of covered furnace fans in such a product could not 
decrease under this metric. Therefore, DOE is not proposing to remove 
single packaged air conditioners from the scope of appendix AA.
    In response to Carrier's suggestion to credit units with two stages 
of cooling operation to account for the lower fan power during low-
stage cooling operation, DOE lacks adequate data to evaluate this 
proposal at this time.
    Issue 1: DOE requests information and data regarding the electrical 
energy consumption of multi-stage furnace fans during low-stage cooling 
operation, specifically in relation to single-stage furnace fans in 
cooling mode.
    Furthermore, DOE is not proposing to include fans used in other 
types of HVAC products, such as CACs, HPs, and SDHV modular blowers 
within the scope of appendix AA at this time. Similar to single 
packaged air conditioners, DOE tentatively agrees with commenters that 
the electrical energy consumption of furnace fans used in the 
aforementioned types of HVAC products will be accounted for by the 
seasonal energy efficiency ratio 2 (``SEER2'') and heating seasonal 
performance factor 2 (``HSPF2'') metrics measured by appendix M1. 
Although the applicable statutory provision (specifically, 42 U.S.C. 
6295(f)(4)(D) directs DOE to ``consider and prescribe energy 
conservation standards or energy use standards for electricity used for 
purposes of circulating air through duct work''), could be interpreted 
as encompassing electrically-powered devices used in any residential 
HVAC product to circulate air through duct work, DOE has tentatively 
concluded that it is not necessary to expand the scope of coverage of 
appendix AA at this time.
2. Dual-Fuel Heating Products
    Some consumer heating products include an electric heat pump and 
gas burner and are often referred to as dual-fuel or hybrid heating 
units. These products are designed to provide space 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, because the inclusion of a heat 
pump may change the 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 furnace 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, the current DOE test 
procedure does not specify provisions to set up or operate furnace fans 
for dual-fuel heating units.
    In the July 2021 RFI, DOE requested comment on the typical 
operating characteristics of dual-fuel systems and whether and how the 
user has control over which heating source is used in a dual-fuel 
system. 86 FR 35660, 35666.
    In response, AHRI commented that a dual-fuel-enabled thermostat 
determines if the heat pump or gas burner provides heat, and that the 
two cannot work at the same time. (AHRI, No. 5 at p. 10) AHRI stated 
that lower ambient temperatures will make the thermostat switch from 
the heat pump to the gas burner, but some controls can allow the 
consumer to lock out one or the other method of heating at a specified 
outdoor ambient temperature. (Id. at pp. 10-11) AHRI also described 
more complicated settings that the installer or consumer may implement, 
such as setting the thermostat to identify when a set point cannot be 
maintained and triggering the furnace (specifically, DOE understands 
the reference to ``furnace'' in this instance refers only to the burner 
portion of the dual-fuel furnace), choosing an outdoor temperature 
above which the furnace should not operate, and choosing an outdoor air 
temperature at which only the furnace will operate. (Id. at p. 11)
    NEEA commented that dual-fuel HVAC system operating conditions 
should be included in testing procedures because of the expected 
increase in their prevalence in the market due to trends in 
electrification of space heating. (NEEA, No. 3 at pp. 4-6) NEEA 
encouraged DOE to investigate common balance points and other factors 
that might influence the temperature at which the heat source is 
changed in dual-fuel HVAC systems and encouraged DOE to contact 
researchers from Bonneville Power Administration

[[Page 29581]]

for information on their recently completed study pertaining to air 
source HPs. (Id. at p. 5)
    Carrier urged for the removal of FER requirements for packaged 
dual-fuel units. Carrier stated that the electrical efficiency of the 
indoor blower in these units is accounted for in the DOE test procedure 
for heat pumps at appendix M, which Carrier asserted measures the 
primary mode of operation of such units. Carrier stated that requiring 
the indoor blower to meet the FER requirements is an additional 
regulatory requirement that adds rulemaking, certification, and 
enforcement effort to DOE and the regulated community with no 
additional benefit to consumers. (Carrier, No. 2 at p. 1)
    Dual-fuel units are subject to the separate applicable standards 
for both heat pumps (i.e., in terms of seasonal energy efficiency ratio 
(``SEER'') and heating seasonal performance factor (``HSPF'') or SEER2 
and HSPF2) and furnaces (i.e., in terms of AFUE). As discussed in this 
section, DOE tentatively concludes that the fan energy use of these 
products is already accounted for by the SEER and HSPF metrics measured 
by appendix M (i.e., the currently applicable test procedure for these 
products) and will continue to be captured in the SEER2 and HSPF2 
metrics when use of appendix M1 is required. The SEER2 and HSPF2 
metrics measure the fan energy in its cooling and heating modes, 
respectively, covering the two major functions of furnace fans. Dual-
fuel models were not subject to appendix AA prior to this notice and, 
therefore, were not part of the previous standards analysis. 
Consequently, DOE proposes to define dual-fuel units as a consumer 
product that includes both a heat pump and a burner in a single cabinet 
and to explicitly exclude them from the scope of appendix AA.
    Issue 2: DOE requests comment on its proposed definition for dual-
fuel units. DOE further requests comment on its proposal to explicitly 
exclude these units from the scope of appendix AA.

B. Updates to Industry Standards

    As discussed previously, the current DOE test procedure for furnace 
fans incorporates by reference ASHRAE 103-2007. ASHRAE 103-2007 
provides test procedures for determining the annual fuel utilization 
efficiency (``AFUE'') of residential furnaces and boilers. DOE's test 
procedure for furnace fans in appendix AA adopts certain sections of 
ASHRAE 103-2007 applicable to testing furnace fans, including 
requirements for instrumentation and test apparatus setup and test 
methodology.
    In July 2017, ASHRAE published an update to ASHRAE 103, i.e., 
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 other revisions such as 
an extension of the minimum length of the inlet duct from 12 inches to 
18 inches. In the July 2021 RFI, DOE requested comment on whether to 
update the referenced version of ASHRAE 103 to the 2017 version. 86 FR 
35660, 35665.
    In response, AHRI commented that it agrees with DOE's description 
of updates in the 2017 version and suggested that the changes would 
only minimally impact FER. (AHRI, No. 5 at pp. 8, 9) Specifically, AHRI 
stated that increasing the minimum inlet duct length from 12 inches to 
18 inches will not significantly impact the performance rating. (Id. at 
p. 9.) Further, AHRI commented that it does not object to the use of 
the 2017 version in the DOE test procedure. (Id. at pp. 8, 9)
    DOE has tentatively determined that updating the DOE test procedure 
to reference the 2017 version of ASHRAE 103-2017 would not 
significantly impact the FER ratings as compared to the current test 
procedure. As noted, one substantive change between the versions of 
ASHRAE 103 is the length of the inlet duct. DOE does not expect the 
increase in length from 12 to 18 inches to impact the measured FER 
because the external static pressure and airflow will not change with 
this alteration, which is consistent with the comments from AHRI. Given 
that ASHRAE 103-2017 is the most recent version of the industry 
standard, and given DOE's tentative determination that its use as a 
reference standard would not significantly impact FER ratings or 
require retesting, DOE proposes to incorporate by reference ASHRAE 103-
2017 in its test procedure for furnace fans. This proposed change, if 
adopted, would ensure that the test procedure references the most up-
to-date language and stays consistent with the latest industry testing 
practices.
    The current DOE test procedure for furnace fans also incorporates 
by reference ASHRAE 37-2009. ASHRAE 37-2009 provides methods of testing 
for unitary air conditioning and heat pump equipment. DOE's test 
procedure for furnace fans at appendix AA adopts certain Sections of 
ASHRAE 37-2009 regarding specifications for the required temperature 
measuring instruments and the ESP apparatus. Since the publication of 
the January 2014 Final Rule, two addenda for ASHRAE 37-2009 were 
published on October 3, 2016 and April 25, 2019 (``ASHRAE 37-2009 (RA 
2019)''). These addenda include errata that corrected the total heating 
capacity equations for the outdoor liquid coil method in section 
7.6.5.1 of the test standard and corrected the coefficient used to 
calculate the specific heat of air in sections 7.3.3.1, 7.3.3.2, and 
7.7.4.1 of the test standard. In reviewing these changes, DOE has 
tentatively concluded that they would not significantly impact FER 
ratings or require retesting, as these changes were made to sections 
not used in appendix AA. Thus, DOE proposes to incorporate by reference 
ASHRAE 37-2009 (RA 2019) and update all references of ASHRAE 37-2009 to 
ASHRAE 37-2009 (RA 2019).
    Finally, DOE currently incorporates by reference ASHRAE 41.1-1986 
(RA 2006). ASHRAE 41.1-1986 (RA 2006) is referenced in Section 5.1 of 
ASHRAE 37-2009. ASHRAE 41.1-1986 (RA 2006) provides practices for 
temperature measurements for heating, refrigerating, and air-
conditioning equipment. Despite the most recent version of ASHRAE 41.1 
being ASHRAE 41.1-2020, the proposed version of ASHRAE 37 to be 
incorporated by reference (ASHRAE 37-2009 (RA 2019)) references ASHRAE 
41.1-1986 (RA 2006). Thus, DOE proposes to maintain by reference ASHRAE 
41.1-1986 (RA 2006).
    Issue 3: DOE requests comment on its proposal to incorporate by 
reference ASHRAE 103-2017, ASHRAE 37-2009 (RA 2019), and maintain by 
reference ASHRAE 41.1-1986 (RA 2006).

C. Furnace Fans That Operate at Low External Static Pressures

    On February 20, 2019, DOE received a petition for waiver and an 
application for interim waiver from ECR International, Inc. (``ECR'') 
for certain basic models of furnace fans that ECR described as belt-
driven, single-speed furnace fans designed for heating-only 
applications in oil-fired warm air furnaces.\9\ ECR asserted that the 
furnace fan basic models specified in the petition have design 
characteristics that prevent testing of the basic model according to 
the test procedure prescribed in appendix AA. Specifically, ECR claimed 
that the specified products are not designed to operate within the 
range of ESP required in appendix AA and that testing such furnace fans 
at the required ESP 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

[[Page 29582]]

steady state for testing at the required conditions. On March 9, 2021, 
DOE published a Decision and Order (``2021 Decision and Order'') 
granting ECR a test procedure waiver specifying an alternate test 
procedure that must be used to test and rate the specified basic 
models.\10\ 86 FR 13530, 13534-13535. Specifically, the 2021 Decision 
and Order specified adjustments to the ESP test conditions specified in 
section 8.6.1.2 of appendix AA. Basic models subject to the 2021 
Decision and Order must be tested at the specified ESP. Id. The 
alternate test procedure in the 2021 Decision and Order further 
specifies that if the unit under test shuts down prior to completion of 
the test, the ESP range is incrementally reduced by 0.05 inches of 
water column (``'' w.c.''), and the test is to be re-run. Id. This 
process is repeated until a range is reached at which the test can be 
conducted to its conclusion, with a minimum allowable ESP range of 
0.30-0.35'' w.c., which corresponds to the first range at which shut-
off could be avoided in the ECR data. Id. at 86 FR 13532 and 13534-
13535.
---------------------------------------------------------------------------

    \9\ See: www.regulations.gov/document?D=EERE-2019-BT-WAV-0004-0001.
    \10\ See: www.regulations.gov/document/EERE-2019-BT-WAV-0004-0015.
---------------------------------------------------------------------------

    In the July 2021 RFI, DOE requested feedback on whether the 
approach in the test procedure waiver would be appropriate for testing 
all basic models of furnace fans designed for heating-only 
applications. 86 FR 35660, 35667.
    In response, AHRI commented that it is not opposed to the test 
procedure waiver approach being applied to all basic models of furnace 
fans designed for heating-only applications. (AHRI, No. 5 at p. 12) In 
contrast, the CA IOUs asserted that the alternate test procedure 
specified in the Decision and Order--by requiring testing at the 
highest ESP (and accordingly the highest discharge temperature) that 
does not trip the furnace's thermal safety limits--is likely to produce 
temperature rises that would exceed the manufacturer recommended 
maximum temperature rise specified in installation instructions. (CA 
IOUs, No. 4 at pp. 1-2) The CA IOUs additionally presented an analysis 
of the relationship between ESP and fan power consumption, from which 
the CA IOUs asserted that for a forward-curved fan operating at a given 
speed, FER improves (decreases) as ESP increases. (Id. at pp. 2-3) The 
CA IOUs asserted based on this analysis that testing at the highest ESP 
that the unit can accommodate before thermal cutoff may result in an 
artificially low (i.e., more favorable) FER rating, and therefore the 
methodology provided in the 2021 Decision and Order may not accomplish 
the goal of increasing the representativeness of heating-only furnace 
fan ratings. (Id.) The CA IOUs recommended using a lower ESP to test 
heating-only furnaces and additionally providing a method to correct 
for how the fan would perform at the current ESP. The CA IOUs stated 
that this would ensure that heating-only units are not unfairly 
advantaged and would avoid DOE having to conduct a separate analysis of 
heating-only units in energy conservation standards rulemakings. (Id. 
at p. 3) The CA IOUs also commented that, should a separate test 
procedure be established for heating-only products, then the procedure 
should be designed such that it is analogous to that in appendix AA to 
produce an FER rating appropriately representative of heating-only 
furnace fan energy use in the field and should include an ESP value 
that reasonably represents values that heating-only equipment encounter 
in the field. (Id. at pp. 1, 4) Further, the CA IOUs recommended 
required labeling for ``heating-only'' units to explicitly indicate 
that they are not to be installed with air-conditioning cooling coils 
or air conditioners. (Id. at p. 4)
    NEEA stated that the approach in the waiver granted to ECR is 
inappropriate for representative furnace fan testing and recommended 
that DOE use a consistent test procedure for all products, including 
heating-only applications. (NEEA, No. 3 at pp. 1-3) NEEA asserted that 
the basic models subject to the waiver are intended for use with 
cooling, and that the waiver allows separate testing procedures for 
less efficient furnace fans that may overstate real-world efficiency. 
(Id. at p. 2) NEEA referenced concerns that the CA IOUs had previously 
expressed to DOE regarding the end use applications for the basic 
models subject to the waiver. (Id.) NEEA cited DOE's decision in the 
January 2014 Final Rule not to create separate testing procedures for 
heating-only installation types and asserted that DOE's justification 
was that doing so would create multiple conditions for testing the same 
equipment and lead to non-representative energy use information. (Id.) 
NEEA further raised concerns that since energy consumption is a 
function of ESP, the waiver approach may produce lower (i.e., more 
favorable) FER values that are not comparable to other furnace fans 
also used for cooling applications, and that this approach could create 
an unfair advantage for heating-only products. (Id.) NEEA asserted that 
the test conditions specified under the waiver are not representative 
of field conditions for these units if the oil furnace is eventually 
paired with an air conditioner. (Id.) To support its position, NEEA 
presented an analysis of FER ratings from DOE's Compliance 
Certification Database, which indicated that the majority of oil 
furnace fans have an FER greater than 450 W/1000 cfm; whereas, among 
the basic models subject to the waiver, the highest FER is 443 and the 
average value is 409. NEEA noted that while these lower FER values are 
achievable by other furnace fans not subject to the waiver, the FER 
ratings of the basic models subject to the waiver are not comparable 
since they are tested at different ESP conditions. (Id. at p. 3) In 
summary, NEEA recommended that DOE not establish separate testing 
provisions for heating-only furnace fans. (Id. at p. 1-3)
    As discussed in section I.A of this document, DOE is required by 
EPCA to ensure that its test procedures are reasonably designed to 
produce test results which measure energy efficiency, energy use or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) In the notices leading up 
to the January 2014 Final Rule, DOE considered creating a ``heating-
only'' product designation for products that would have different 
reference system ESP installation considerations than other products. 
However, as discussed in an SNOPR published on April 2, 2013 (``April 
2013 SNOPR''), DOE did not create a heating-only product designation 
because it was not aware of any heating-only products at the time other 
than hydronic air handlers, but those were outside the scope of 
applicability of the test procedure. 78 FR 19606, 19619.
    As indicated by the waiver request submitted by ECR, certain 
furnace fans may not be able to operate at the ESP conditions specified 
by the current DOE test procedure (i.e., cannot be tested at the 
currently required conditions). For such furnace fans, the current test 
procedure is unable to produce test results which measure energy 
efficiency during a representative average use cycle or period of use. 
Therefore, DOE is proposing to amend the test procedure in order to 
ensure that such furnace fans will be able to complete a valid test 
under conditions corresponding to representative average use. 
Specifically, DOE is proposing to add provisions to require that all 
furnace fans be initially tested at the applicable ESP range specified 
in Table 1 of appendix AA. If the unit under test is unable to complete 
the testing (i.e.,

[[Page 29583]]

the unit shuts down), the ESP range would be incrementally reduced by 
0.05'' w.c. (e.g., for units designed to be paired with an evaporator 
coil but without one installed, first from 0.65''-0.70'' to 0.60''-
0.65'' w.c.). This process would be repeated until an ESP range is 
reached at which the test can be conducted to its conclusion.
    DOE found in the January 2014 Final Rule that generally the ESP 
values in appendix AA are representative of national average ductwork 
system characteristics. 79 FR 499, 502. DOE now recognizes that certain 
furnace fans are designed for operation at ESP conditions lower than 
those specified in the test procedure and that such units are incapable 
of operating at the specified ESP conditions. DOE has tentatively 
determined that requiring all furnace fans to begin tests at the ESP 
levels specified in Table 1 and allowing furnace fans that are unable 
to complete tests at those ESPs to test at their maximum possible ESP, 
would provide results representative of the average use of that unit 
under test. A method of testing in which products are subject to ESP 
values at which they are incapable of operating would yield results 
that are unrepresentative of their typical performance when installed. 
The proposed modifications will address products designed for all 
operating ESPs to be tested according to the same proposed test 
procedure.
    Furnaces that cannot operate at the ESP conditions outlined in 
Table 1 of appendix AA will be tested according to the highest 
achievable ESP for the unit. DOE notes that, as suggested by the CA 
IOUs, testing these furnace fans at the highest achievable ESP could 
result in lower-than-usual airflows, which in turn could lead to higher 
temperature rises than expected for that unit. However, the proposed 
test method ensures that all units would be tested at or as close as 
possible to the ESP levels that represent the national average ductwork 
system, and therefore the operation mode closest to this representative 
scenario.
    Additionally, as noted in the 2021 Decision and Order, DOE is not 
aware of any conversion equation that has been validated to accurately 
predict the change in FER as ESP varies at a given fan setting. 
Validating an equation for extrapolating to FER at an ESP that is 
higher than that at which the unit can operate may be difficult or even 
not possible (as the unit cannot operate at that point). 86 FR 13530, 
13533. As a result of these considerations regarding the accuracy and 
representativeness of an adjustment factor, DOE is not proposing an 
adjustment factor to the test procedure for furnace fans that are 
unable to complete testing at the ESPs specified in Table 1 of this 
document.
    DOE has also tentatively concluded the proposed test procedure 
amendment, if adopted, would not create an advantage for furnace fans 
incapable of operating at the applicable ESP values specified in Table 
1 of appendix AA. Because a ``low-ESP'' furnace fan would be unable to 
operate at the ESP values specified by Table 1, such a unit would not 
be manufactured for the same application as furnace fans that are able 
to operate at the ESP values specified by Table 1 of this document.
    Furthermore, because DOE has not received any applications for 
waiver besides the waiver submitted by ECR in 2020, and these 
provisions would result in the same test conditions for the furnace 
fans that were subject to ECR's waiver, DOE believes these proposed 
provisions would not affect the ratings or require the retesting of any 
fans currently on the market. Therefore, DOE tentatively determines 
that this change would allow all products, including those subject to 
ECR's waiver, to be able to use appendix AA as written, while having no 
impact on test burden.
    DOE is not proposing labeling requirements for furnace fans that 
test at ESPs other than those in Table 1. Manufacturers of those fans 
would already be incentivized to specify in their product literature 
that such models are not suitable for use in systems with higher ESPs. 
Otherwise, it would be expected that there would be issues with 
consumer satisfaction if a furnace fan were installed in an environment 
in which it was incapable of operating. As previously noted, DOE is 
currently only aware of one manufacturer (ECR) that produces furnace 
fans that are incapable of operating at the ESPs currently in Table 1 
of appendix A because DOE has not received any applications for waiver 
from any other manufacturers, which indicates that all other furnace 
fans currently available on the market are able to complete a valid 
test according to the test procedure currently prescribed in appendix 
AA. The current product literature from ECR specifies the intended 
applications and operating conditions of the furnace fans which are not 
intended for operation at higher ESPs.
    This proposed amendment is consistent with the test procedure 
waiver provision at 10 CFR 430.27(l) that provides that, as soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a NOPR to amend its regulations so as to eliminate any 
need for the continuation of such waiver. 10 CFR 430.27(l). As soon 
thereafter as practicable, DOE will publish in the Federal Register a 
final rule to that effect. Id. With regard to whether separate product 
classes may be warranted for ``low-ESP'' furnace fans, DOE would 
undertake such consideration in a separate furnace fans standards 
rulemaking. See 86 FR 66465, 66467-66468.
    Issue 4: DOE requests comment on the proposed test instructions for 
furnace fans unable to complete testing at the ESP values currently 
specified in appendix AA.

D. Test Procedure Repeatability and Reproducibility

    In the July 2021 RFI, DOE requested comment on whether stakeholders 
have encountered difficulty obtaining repeatable and reproducible FER 
results using appendix AA, and sought information on whether 
fluctuations in ESP and ambient conditions (within the boundaries 
allowed by appendix AA) impact FER ratings. 86 FR 35660, 35666. 
Additionally, to further understand the repeatability and 
reproducibility of the FER test procedure, DOE had confidential 
interviews conducted with several furnace fan manufacturers. The 
manufacturers similarly responded that there is generally a high level 
of uncertainty in FER results. Based on the collected feedback, DOE 
understands that there are several key areas of possible improvement to 
the current furnace fan test procedure that could improve repeatability 
and reproducibility including limiting the allowable range of ambient 
conditions, updating the method of airflow determination, and making 
clarifications to the current test procedure language.
    In response to DOE's questions in the July 2021 RFI, AHRI stated 
that it had conducted an assessment to identify causes of variability 
in FER. (AHRI, No. 5 at p. 12) AHRI found that FER results are affected 
by natural gas input rate and relative humidity, which it said is 
problematic because testing is not conducted in a controlled 
environment. (Id.) AHRI stated that its assessment indicates that there 
is an 11-percent error in FER due solely to the tolerances of the 
inputs to the FER equation. (Id.)
    DOE agrees with AHRI's comment that the natural gas input rate 
could impact FER, but notes that DOE previously considered tightening 
the tolerance on firing rate (from <plus-minus>2 percent) in its test 
procedure for the residential furnaces and boilers. In a NOPR published 
on March 11, 2015, DOE determined that it could not change the 
tolerance on firing rate without increasing manufacturer burden because

[[Page 29584]]

of variations in gas valve performance. 80 FR 12875, 12886-12887. 
ASHRAE 103-2017, which is referenced in the current furnace fan test 
procedure, also includes a requirement that the burner input rate be 
within <plus-minus>2 percent of the hourly British thermal unit 
(``Btu'') nameplate input rating. Because DOE is not aware of any data 
suggesting it would now be possible to tighten this tolerance, DOE is 
not proposing to change the tolerance on fuel input rating at this 
time.
    Issue 5: DOE requests comment on its tentative decision not to 
tighten the tolerance on fuel input ratings beyond what is required in 
ASHRAE 103-2017.
1. Ambient Conditions
    DOE also acknowledges that FER results can be affected by several 
other inputs, including the measurement accuracy of measured variables 
feeding into the FER calculation as well as allowable variation in 
these variables. Specifically, through communications with 
manufacturers and comments received in response to the July 2021 RFI, 
DOE understands that the FER results are also affected by ambient air 
temperature and humidity. As discussed in more detail in the following 
subsections, DOE is proposing additional restrictions on these test 
conditions.
a. Temperature
    To help improve the repeatability and reproducibility of test 
results, DOE proposes to tighten the range of allowable ambient 
conditions during testing. The current range of ambient temperature is 
prescribed in section 7 of appendix AA, which references Section 8.5.2 
of ASHRAE 103-2007. Section 8.5.2 of ASHRAE 103-2007 specifies that the 
ambient temperature must be maintained between 65 [deg]F and 100 [deg]F 
for non-condensing furnaces or between 65 [deg]F and 85 [deg]F for 
condensing furnaces. DOE proposes to modify the ambient temperature 
range such that for all tests and all furnaces (i.e., both condensing 
and non-condensing), ambient air temperature must be maintained between 
65 [deg]F and 85 [deg]F. Based on an analysis of the impact of ambient 
temperature on the test result and feedback received during 
communications with manufacturers, DOE tentatively concludes that the 
tightening of ambient temperature ranges will reduce FER variability. 
DOE reasons that furnace fan manufacturers produce both non-condensing 
and condensing furnace products and, therefore, manufacturers and 
third-party testing laboratories already have the capability to 
maintain the test room at a temperature between 65 [deg]F and 85 [deg]F 
to be able to test condensing furnaces. Further, DOE expects that most 
testing is conducted in at least semi-conditioned spaces and are 
unlikely to experience temperatures above 85 [deg]F even if the outdoor 
conditions occasionally exceed that threshold. Because manufacturers 
and third-party test laboratories likely already have the capability to 
test furnaces while maintaining ambient air temperatures between 65 
[deg]F and 85 [deg]F, DOE tentatively determines that this change would 
improve reproducibility by limiting extreme temperatures during 
testing, while having no impact on test burden. Additionally, this 
change would maintain the representativeness of the test procedure 
because it would ensure that air temperature in the test room is in 
line with the temperatures that furnace fans are likely to experience 
in residential applications.
    Issue 6: DOE requests comment on its proposal to modify the 
allowable ambient temperature range in appendix AA such that for all 
tests and all furnaces (i.e., both condensing and non-condensing), 
ambient air temperature must be maintained between 65 [deg]F and 85 
[deg]F. DOE also requests comment regarding any potential burden 
associated with the change in allowable ambient temperature. 
Additionally, DOE requests data of the typical ambient temperatures of 
testing facilities throughout the year as well as any data on the 
relationship between ambient temperature and FER.
b. Humidity
    As noted previously, AHRI commented that relative humidity (``RH'') 
can impact FER ratings. (AHRI, No. 5 at p. 12) Currently, there is no 
humidity requirement currently applicable to DOE's test procedure for 
furnace fans. However, there is a humidity tolerance in the test 
procedure applicable to consumer furnaces and boilers. Specifically, 
ASHRAE Standard 103-1993, which is referenced in the DOE test procedure 
for consumer furnaces and boilers, specifies that the relative humidity 
of the air in the test room at no time exceed 80 percent when measuring 
the condensate of condensing furnaces and boilers (see Sections 9.2 and 
9.8.1 of ASHRAE 103-1993).
    DOE proposes to specify the RH conditions for all tests of FER and 
all furnaces (i.e., both condensing and non-condensing) to require that 
ambient air RH must be maintained at or below 80 percent. DOE reasons 
that most furnace fan manufacturers produce both non-condensing and 
condensing furnace products and, therefore, DOE expects that most 
manufacturers and third-party testing laboratories already have the 
capability to maintain the test room at an RH below 80 percent to be 
able to measure condensate for condensing furnaces. Because 
manufacturers and third-party test laboratories likely already have the 
capability to maintain the test room RH below 80 percent, DOE 
tentatively determines that this change would improve reproducibility 
by limiting extreme humidity conditions during testing, while having no 
impact on test burden.
    DOE is also proposing to specify a limit on the lower range of 
allowable RH values during testing, specifically to require that for 
all tests and all furnaces, ambient air RH must be maintained at or 
above 20 percent. Similar to its proposal to add a maximum RH, DOE 
expects that imposing a minimum limit on the allowable RH values during 
testing would improve reproducibility but have no impact on test 
burdens because it is very unlikely that any test laboratories would be 
unable to meet a requirement excluding only the driest conditions.
    The optimal RH values in conditioned living space are typically 
considered to range from 30 percent to 50 percent.\11\ Therefore, 
imposing a requirement on RH during testing to maintain the RH of the 
room air between 20 percent and 80 percent will improve the 
representativeness of the FER test method compared to allowing RH to 
range from 0 percent to 100 percent, as the proposed range is closer to 
the optimal RH range for residences. However, the proposed range is not 
so tight that it would be expected to add burden for manufacturers.
---------------------------------------------------------------------------

    \11\ See, for example:
    (1) U.S. Consumer Product Safety Commission. The Inside Story: A 
Guide to Indoor Air Quality. Available at: www.cpsc.gov/safety-education/safety-guides/home/inside-story-guide-indoor-air-quality. 
Last accessed February 1, 2022; or
    (2) U.S. Environmental Production Agency. Dehumidifier Basics. 
www.energystar.gov/products/appliances/dehumidifiers/
dehumidifier_basics#:~:text=Relative%20Humidity%20(RH)%20and%20Humidi
stats&text=The%20optimum%20RH%20level%20for,RH%20to%20prevent%20windo
w%20condensation. Last accessed February 2, 2022.
---------------------------------------------------------------------------

    Issue 7: DOE requests comment on its proposal to require 
maintaining the room air RH between 20 percent and 80 percent during 
FER testing, and on its tentative determination that this proposal 
would decrease variability between tests. DOE also requests comment on 
its tentative determination that the requirement of room air RH to be 
maintained between 20 percent and 80 percent would not add burden for 
manufacturers or test laboratories. DOE

[[Page 29585]]

requests comment on whether a tighter range for RH during testing (for 
example, 30 percent to 50 percent RH, which could further improve 
representativeness and further increase repeatability beyond the 
proposed range) would be possible to maintain without being unduly 
burdensome. DOE seeks data on ambient RH values at test facilities 
throughout the year and any data on the relationship between RH and FER 
variability.
2. Airflow Determination
    In the January 2014 Final Rule, DOE adopted in appendix AA a method 
of calculating airflow based on temperature rise. Specifically, the 
equation for airflow in airflow control setting ``i'' 
(``Q<INF>i</INF>'') compares the input heat energy to the heat picked 
up by the air based on temperature rise and the specific conditions of 
the inlet air (see section 10.1 of appendix AA). 79 FR 499, 508-510.
    In response to the April 2013 SNOPR, Goodman recommended that DOE 
consider allowing an alternate method of directly measuring airflow 
using a code tester \12\ and ASHRAE 37 ductwork.\13\ 79 FR 499, 509. In 
response to this comment, DOE stated in the January 2014 Final Rule 
that a test setup that includes a code tester is not typical when 
testing a furnace, and that DOE tried to harmonize, where possible, the 
test set up for furnaces and furnace fans. Additionally, DOE stated 
that an alternative test method using a code tester and ASHRAE 37 
ductwork could provide similar results as the test procedure 
established in the January 2014 Final Rule, but that the test procedure 
would differ significantly. Thus, DOE concluded at the time that adding 
a code tester to the furnace fan test procedure would add substantial 
burden. Id.
---------------------------------------------------------------------------

    \12\ A ``code tester'' is an instrument used to measure airflow. 
Such instruments determine airflow by measuring the pressure drop 
across one or more nozzles as air passes between two chambers.
    \13\ See: www.regulations.gov/comment/EERE-2010-BT-TP-0010-0037.
---------------------------------------------------------------------------

    As previously noted, in response to the July 2021 RFI, AHRI 
commented that it had conducted an uncertainty analysis and found that 
there is an 11-percent error in FER due solely to the tolerances of the 
inputs to the FER equation. (AHRI, No. 5 at p. 12) Additionally, AHRI 
commented that it had commissioned an assessment of the FER metric, 
including the variability therein. (Id.) AHRI stated that this report 
showed that the natural gas input rate and relative humidity affect FER 
ratings and stated that this finding was also supported by reports from 
AHRI members. AHRI asserted that these sources of variability are 
problematic because testing is not conducted in a controlled 
environment. (Id.)
    After considering these comments and given DOE's understanding 
based on discussions with manufacturers that some of the challenges 
associated with repeatability may stem from the current method of 
calculating airflow indirectly based on measurements of other 
parameters, DOE has reconsidered the previous suggestion to allow 
airflow to be measured directly.
    Each parameter involved in the calculation of the airflow at the 
maximum airflow-control setting (``Q<INF>max</INF>'') and FER has its 
own inherent variability. Measuring airflow directly would avoid the 
dependence on measured temperature rise (which is the difference 
between the measured outlet and inlet air temperatures), fuel input 
rate, and fan power consumption (and avoid the uncertainty associated 
with each of these measurements), which could therefore reduce the 
overall variation inherent to the final FER value. Using the allowable 
accuracies specified in Sections 5.3 and 6.1.2 of ASHRAE 37-2009 (RA 
2019), DOE understands that an airflow-measuring device would have an 
accuracy of about 2-3 percent. This 2-3-percent range is significantly 
smaller than the percentage variation in airflow as calculated based on 
measurements of other test conditions that each have a degree of 
variability.
    DOE acknowledges that requiring the use of an airflow-measuring 
device for furnace fans could introduce a one-time cost for 
manufacturers that either do not utilize such devices for their current 
testing programs (presumably of other products) or do not have enough 
of such devices available to test furnace fans in addition to other 
HVAC products that use airflow-measuring devices. The estimated cost of 
an airflow-measuring device is up to $50,000. DOE discusses test 
procedure costs and impacts further in section III.I.1 of this 
document.
    Having considered the potential benefits and burdens associated 
with measuring airflow directly using an airflow-measuring device, DOE 
has tentatively determined that the benefits would outweigh the 
burdens, and that requiring directly measuring airflow would not be 
unduly burdensome. DOE therefore proposes to require that airflow be 
measured directly during each test. Specifically, DOE is proposing that 
this measurement be done using the procedures and methods for measuring 
airflow specified in ASHRAE 37-2009 (RA 2019), similar to how it is 
done for central air conditioners and heat pumps. As part of this 
proposal, DOE proposes to incorporate by reference Figure 12 of ANSI/
Air Movement and Control Association International, Inc. (``AMCA'') 
210-07, ANSI/ASHRAE 51-07 (``AMCA 210-2007''), Laboratory Methods of 
Testing Fans for Certified Aerodynamic Performance Rating and Figure 14 
of ANSI/ASHRAE Standard 41.2-1987 (RA 92), (``ASHRAE 41.2-1987 (RA 
1992)''), Standard Methods for Laboratory Airflow Measurement. However, 
DOE is also aware of several other additional methods of directly 
measuring the airflow, such as methods outlined in AMCA 210 (e.g., the 
pitot traverse method),\14\ duct-mounted airflow measurement devices, 
and anemometers. DOE has tentatively determined that the proposed 
approach to measure airflow as specified by ASHRAE 37-2009 offers the 
most accurate and repeatable option for direct measurement of airflow 
and is not unduly burdensome but seeks comment on the proposed approach 
as well as any potential alternative approaches. Specifically, DOE 
requests comment on alternative methods of direct airflow measurement, 
including on the level of measurement accuracy associated with each 
approach and any associated test burden.
---------------------------------------------------------------------------

    \14\ See: https://www.amca.org/assets/resources/public/pdf/Education%20Modules/AMCA%20210-16.pdf. (Last accessed April 7, 
2022.)
---------------------------------------------------------------------------

    Issue 8: DOE requests comment on its tentative conclusion that 
measuring airflow directly would be more accurate and result in less 
variability than the current method of calculating airflow based on 
temperature rise. Additionally, DOE requests comment on its estimated 
cost for an apparatus to measure airflow directly using the procedures 
and methods for measuring airflow specified in ASHRAE 37-2009 (RA 2019) 
(up to $50,000). DOE also requests comment on whether test laboratories 
would need to purchase additional equipment for testing, if DOE adopts 
this proposal to measure airflow directly, or if test laboratories 
generally already have this equipment available.
    Issue 9: DOE requests comment on whether it is necessary to 
reference AMCA 210-2007 and ASHRAE 41.2-1987 (RA 1992) in the test 
procedure instructions for constructing an airflow measuring apparatus.
    Issue 10: DOE requests comment on alternative methods of direct 
airflow measurement, other than using the procedures and methods for 
measuring airflow specified in ASHRAE 37-2009 (RA 2019). For these 
alternatives, DOE requests comment on the expected

[[Page 29586]]

measurement accuracy, the cost of associated instrumentation, and 
appropriate associated setup and operation procedures.
3. Location of External Static Pressure Measurements
    Currently, section 6.4 of appendix AA specifies that for all test 
configurations, external static pressure taps shall be placed 18 inches 
from the outlet. Additionally, although section 6.4 of appendix AA 
references Section 6.4 of ASHRAE 37-2009 for a description of the 
apparatus for measuring external static pressure, section 6.4 of 
appendix AA includes explicit instructions to not follow the 
specifications in Section 6.4 of ASHRAE 37-2009 regarding the minimum 
length of the ducting and minimum distance between the external static 
pressure taps and product inlet and outlet. The external static 
pressure measurement location in Section 6.4 of ASHRAE 37-2009 varies 
depending on the dimensions of the duct outlet. DOE adopted the 
requirement to measure external static pressure at 18 inches from the 
outlet in the January 2014 Final Rule in response to comments from 
manufacturers concerning practical constraints of the test setup. 79 FR 
500, 511. Specifically, DOE previously determined that a fixed 
dimension requirement of measuring external static pressure 18 inches 
from the outlet (as opposed to the requirements in ASHRAE 37-2009, 
which depend on the dimensions of the outlet duct) would allow larger 
products to be tested in existing furnace testing facilities and would 
improve consistency with the test setup for consumer furnace testing. 
Id. However, in light of the concerns about the repeatability of the 
current furnace fan test procedure, DOE is reconsidering the 
appropriate location for measuring external static pressure. ASHRAE 37-
2009 was developed through a consensus process and would generally be 
expected to represent the current best practices for measuring external 
static pressure. DOE is concerned that measuring at a fixed location of 
18 inches from the outlet could lead to a less accurate and less 
repeatable measurement than the approach provided in ASHRAE 37-2009 
because the airflow profile may not be fully developed. Therefore, 
although DOE is not proposing a change to the measurement location in 
this NOPR, DOE is seeking more information to determine whether a 
change would improve the repeatability of the FER test. If DOE 
determines that changing the location of the pressure taps could 
improve repeatability, DOE may do so in a future final rule.
    Issue 11: DOE requests comment on whether requiring that the 
external static pressure be measured at the location specified in 
Section 6.4 of ASHRAE 37-2009, as opposed to specifying that external 
static pressure taps always be placed 18 inches from the outlet, could 
improve test repeatability. DOE also requests comment on whether 
manufacturer facilities and other test laboratories would be able to 
accommodate the added duct length during testing. Further, if test 
facilities would not be able to accommodate the added duct length 
during testing, DOE requests comment on whether a different length 
requirement could improve test repeatability while not preventing any 
existing test facilities from completing a valid test for furnace fans.
4. Language Updates
    In the July 2021 RFI, DOE sought comment on whether any definitions 
in the test procedure require revision and if so, how the definitions 
should be revised. 86 FR 35660, 35662. DOE received a number of 
comments in response suggesting revisions to the language in appendix 
AA that could reduce confusion about the test procedure.
a. Definitions
    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 constant-circulation setting, and 
the default setting when operated using the maximum heat input 
rate.\15\ 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 for testing. 
See section 8.6.2, appendix AA.
---------------------------------------------------------------------------

    \15\ For furnace fans 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, 
such that only two tests are required: Maximum airflow (which is the 
same as the default heating setting) and constant circulation.
---------------------------------------------------------------------------

    In addition, if the manufacturer specifies multiple heating 
airflow-control settings, the highest heating airflow-control 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 interpreting the DOE test procedure as requiring testing 
only the ``as-shipped'' airflow-control settings. However, 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 default 
airflow-control settings are defined as airflow-control settings 
specified for installed-use by the manufacturer. That section in turn 
clarifies 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.
    The ``default airflow-control setting'' should not be conflated 
with the as-shipped airflow-control settings. For example, a furnace 
may be shipped with the low-speed airflow-control setting configured 
for the heating function (i.e., the as-shipped airflow-control 
setting), but the installation manual shipped with the 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'' requires the 
medium airflow-control setting to be used during the heating-mode test, 
rather than the as-shipped setting (i.e., the low setting) because 
there are multiple airflow-control settings for the heating function, 
and the medium setting is the highest setting specified.
    Additionally, inquiries sent to DOE indicate that some 
manufacturers may be interpreting the test procedure to require testing 
according to installation instructions printed on the control board. 
However, DOE notes that the same control board may be used across 
multiple products to reduce manufacturing complexity and costs, and as 
a result, instructions provided on a control board may not be 
applicable to every unit in which a control board is

[[Page 29587]]

used and could contradict the specifications in product literature. 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. Section 2.6, appendix AA.
    In the July 2021 RFI, DOE requested comment on whether further 
instruction was necessary for determining the appropriate airflow 
controls used for testing. 86 FR 35660, 35663.
    AHRI recommended that DOE change the term ``default airflow-control 
settings,'' which AHRI stated implies as-shipped settings or factory 
settings, to ``specified airflow-control settings'' or ``multiple 
airflow-control settings'' to ensure the correct settings are used for 
testing. (AHRI, No. 5 at pp. 3-4) AHRI also commented that there is a 
conflict between the directions in section 8.6.2 and section 2.6 of 
appendix AA, with section 8.6.2 directing the testing laboratory to use 
the lowest available airflow-control setting if none is provided, and 
section 2.6 specifying to use the highest. (Id. at pp. 4-5) AHRI 
recommended providing a flow chart to outline the hierarchy of 
instructions to guide the selection of airflow-control settings for 
each mode. (Id. at p. 4)
    To provide further clarity regarding the correct airflow control 
setting to be used for each test, DOE proposes to change the defined 
term at section 2.6 in appendix AA from ``default airflow-control 
settings'' to ``specified airflow-control settings.'' This revised 
definition would avoid potential misinterpretation of the term 
``default,'' which is not intended to limit testing to the as-shipped 
airflow-control settings. Additionally, DOE agrees with AHRI's comment 
that the conflicting direction from sections 8.6.2 and 2.6 of appendix 
AA could cause confusion when selecting airflow-control settings for 
testing. The intended hierarchy of these sections is for the airflow 
control setting to be selected according to section 2.6, unless section 
8.6.2 applies, in which case section 8.6.2 should be used to select 
airflow control settings. To clarify this hierarchy, in addition to 
changing the term ``default airflow-control settings'' to ``specified 
airflow-control settings,'' DOE proposes to add the phrase ``unless 
otherwise specified within the test procedure'' to the end the 
definition of ``specified airflow-control settings.''
    These proposed changes would clarify the appropriate airflow 
control settings to use for testing. Because these changes are meant to 
improve clarity but not change the current test methodology, DOE does 
not expect that these proposals would cause any changes to current 
testing or ratings. Additionally, DOE expects that these proposals will 
alleviate confusion about the appropriate airflow control settings to 
use for testing, and therefore DOE does not also propose to add a 
flowchart into appendix AA to further clarify which airflow control 
settings are appropriate.
    Issue 12: DOE seeks comment on its proposal to change the term 
``default airflow-control settings'' to ``specified airflow-control 
settings'' and to add the phrase ``unless otherwise specified within 
the test procedure'' to the end of the revised term's definition.
    Additionally, the CA IOUs recommended that DOE further investigate 
the effect of control features on fan performance to ensure that fan 
energy use in the test procedure is representative of use in the field 
for all available furnace capabilities, including for modulating 
furnaces with very low heating outputs. The commenter stated that 
modulating controls increase both the frequency of fan speed variation 
and the number of hours spent in heating mode at reduced speeds. (CA 
IOUs, No. 4 at p. 4)
    In a NOPR published in the Federal Register on May 15, 2012 (``the 
May 2012 NOPR''), DOE tentatively concluded that a metric based on 
measurements in multiple airflow-control settings would be appropriate 
to account for furnace fan energy consumption across its entire 
operating range. 77 FR 28673, 28687. DOE recognized that furnace fans 
are used not just for circulating air through duct work during heating 
operation, but also for circulating air during cooling and constant-
circulation operation. Id. DOE also stated that it understands that 
higher airflow-control settings are factory set for cooling operation, 
and that the electrical energy consumption of a furnace fan is 
generally higher while performing the cooling function. Id. 
Additionally, DOE compared ratings that use measurements in two, three, 
and five airflow-control settings and found that a metric that uses 
measurements in three of the available airflow-control settings 
appropriately captures the efficiency advantages of using more-
efficient technologies while minimizing burden on manufacturers. Id. In 
the absence of data or examples indicating otherwise for modulating 
units, DOE tentatively concludes that including maximum airflow, 
cooling, and constant circulation tests fully encompass the fan control 
features and are therefore representative of field use. Accordingly, 
DOE is not proposing any changes to how modulating units are tested 
under appendix AA.
    Additionally, in the July 2021 RFI, DOE requested comment on the 
appropriate hierarchy to follow in the event of conflicting airflow-
control settings in the manufacturer's product literature. 86 FR 35660, 
35663. In response, AHRI recommended DOE clarify that the order of 
priority should be the AHRI Database followed by the manufacturer's 
installation guide. Additionally, AHRI stated that operating furnaces 
intended for high-static pressure applications at the highest airflow-
control setting may lead to excessive airflow that will result in the 
furnace operating outside the nameplate-specified temperature rise 
range. AHRI stated that furnace safety certification requires furnace 
airflow settings in heating mode to be limited by the labeled rise 
range and recommended that heating mode airflow control settings should 
be limited by the requirements of the labeled rise range. (AHRI, No. 5 
at p. 5)
    As discussed previously, DOE tentatively concludes that with the 
proposed changes to the airflow-control settings definitions, the 
instructions for selecting the appropriate airflow-control setting for 
testing are sufficiently clear. Regarding AHRI's concern that certain 
furnaces may operate with excessive airflow that would cause the 
furnace to operate outside the nameplate-specified rise range, DOE 
notes that the test method requires testing of the maximum heating 
airflow mode as specified by the manufacturer. DOE expects that if a 
fan setting is identified for heating mode operation that the fan would 
be capable operating in that mode at the ESP specified in appendix AA 
(which is representative of a typical ESP that would be encountered in 
the field) and at the specified temperature rise range.
    Issue 13: DOE requests further comment on this issue of whether it 
is necessary to specify that the maximum heating airflow-control 
setting used during testing be one that also allows for operation 
within the manufacturer-specified temperature rise range during 
testing. DOE is also interested in information regarding how often 
furnace fans operate outside of the manufacturer-specified temperature 
rise range during FER testing under the current requirements.
    In response to DOE's question about whether any definitions in the 
furnace fan test procedure require revision, AHRI commented that the 
phrase ``manufacturer specifications . . . in product literature . . . 
shipped with products'' should be clarified to include

[[Page 29588]]

values used in testing that may be located on the label, printed 
literature, or online. AHRI stated that manufacturers understand the 
FER test procedure is intended to limit furnace fan operation to within 
the manufacturer's intended range of use, which it interprets as the 
manufacturer-specified temperature rise range, static pressure range 
for the given operation mode, and airflow range for the function being 
evaluated. AHRI further commented that it understands these limits may 
be provided on the label, in printed literature, or through a web 
address provided with the product. (AHRI, No. 5 at pp. 3-4)
    Currently, DOE refers to ``manufacturer specifications for 
installed-use'' in sections 2.2 and 2.6 of appendix AA. DOE agrees with 
AHRI that the current instructions could benefit from additional 
clarity. As discussed in section III.E.3.a of this document, DOE is 
proposing to replace the definition of ``default airflow settings'' 
with ``manufacturer-specified airflow settings.'' DOE is also creating 
a new definition of dual fuel units, as discuss in section III.A.2 of 
this document.
b. External Static Pressure
    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 sections 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 of appendix AA. 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.
    In the July 2021 RFI, DOE requested comment on how manufacturers 
are currently implementing sections 8.6.2 and 8.6.3 of appendix AA with 
respect to ESP. DOE requested further comment regarding whether 
additional direction is needed as to the ESP requirement provided in 
the statement accompanying Table 1, including whether additional 
criteria are 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. 86 FR 35660, 35664.
    AHRI asserted that to implement sections 8.6.2 and 8.6.3 of 
appendix AA with respect to ESP, manufacturers first set the supply 
duct restrictions, then adjust the ESP according to section 8.6.1.1 or 
section 8.6.1.2, then record the electrical power. AHRI stated that the 
airflow control setting is next adjusted according to section 8.6.2, 
without adjusting the ESP, and then electrical power is recorded again. 
AHRI stated the airflow control setting is then adjusted according to 
section 8.6.3, again without adjusting the ESP unless the temperature 
rise is not within the rise range, in which case the ESP is adjusted 
until the temperature rise is within the rise range. (AHRI, No. 5 at p. 
7)
    AHRI also commented that the asterisk located in the ESP table 
column heading for Table 1 was intended to precede a clarifying 
comment, but this asterisk was left out and should be reintroduced and 
linked to the statement reading ``once the specified ESP has been 
achieved, the same outlet duct restrictions shall be used for the 
remainder of the furnace fan test'' that follows Table 1 of appendix 
AA. (AHRI, No. 5 at p. 7)
    Based on AHRI's description of how testing is typically performed, 
DOE tentatively concludes that the current test procedure generally 
provides sufficient instruction (i.e., the test is being performed as 
intended). DOE agrees that the asterisk was omitted in appendix AA, and 
proposes to add an asterisk prior to the statement ``once the specified 
ESP has been achieved, the same outlet duct restrictions shall be used 
for the remainder of the furnace fan test'' in section 8.6.1.2 of 
appendix AA to link this statement to the ESP column of Table 1. This 
proposed change would clarify the appropriate duct restrictions for 
testing and not make any substantive changes.
c. Power Measurements
    Sections 8.6.1.1, 8.6.1.2, 8.6.2, and 8.6.3 of appendix AA require 
the following parameters to be measured once steady-state operation is 
achieved: The furnace fan electrical input power, fuel or electric 
resistance heat kit input energy, external static pressure, steady-
state efficiency, outlet air temperature, and/or temperature rise. DOE 
believes that some test facilities take a single reading for each of 
these parameters after achieving the steady state criteria. In DOE 
testing where these parameters were measured in one second intervals 
throughout the steady-state period, data showed that the values 
fluctuate sometimes significantly between readings, even while steady-
state conditions are maintained. These fluctuations could contribute to 
repeatability issues in FER testing if a value from a single point in 
time is used for each test due to the potential for significant 
differences from one reading to the next. In particular, DOE has seen 
that the standard deviation of furnace fan power measurements over a 30 
minute period (at steady state operation) can be up to 16 percent of 
the average, although for most units the standard deviation is less 
than 1 percent of the average power consumption. Therefore, DOE is 
considering whether further clarifications are necessary for appendix 
AA to clarify how manufacturers should take power measurements. 
Specifically, DOE believes that increasing the number of discrete 
measurements taken (i.e., increasing the sample size) and averaging 
them to determine each furnace fan power consumption measurement may 
yield a result that is more representative and repeatable than using 
single point measurements of the furnace fan power. For example, DOE 
could require that power measurements should be based on the average 
value over a one-minute interval beginning immediately after steady-
state operation has been achieved, during which the power is measured 
at least once per second. Alternatively, DOE could require furnace fan 
power measurements to be based on the average of measurements taken 
over the entire steady-state period at certain specified intervals 
(e.g., every minute or every 5 minutes). If DOE determines that adding 
instructions to appendix AA to clarify how to measure furnace fan power 
consumption could improve the repeatability of FER tests, DOE may do so 
in the final rule.
    Issue 14: DOE requests data and information on the methods and 
granularity with which test facilities currently measure the 
aforementioned variables, particularly furnace fan power (EMax, ECirc, 
and EHeat). DOE also requests comment on the intervals at which test 
facilities are currently capable of recording these measurements with 
their current instrumentation. Finally, DOE also requests information 
on whether there are variables besides the fan power

[[Page 29589]]

consumption variables for which there are significant fluctuations in 
measurements that DOE should also consider requiring be determined as 
an average of multiple measurements.
    Issue 15: DOE requests comment on the number of samples that should 
be taken and the length of time over which data should be collected in 
order for a representative average to be achieved. DOE also requests 
comment on the associated costs, if any, to upgrade measurement 
instruments or software to be able to collect furnace fan power 
consumption measurements at frequencies of once per second, once per 
minute, once per 5 minutes, and/or other recommended sampling 
frequencies.
d. Other Language Clarifications
    The title of section 8.3 of appendix AA is Steady-State Conditions 
for Gas and Oil Furnaces, the title of section 8.4 is Steady-State 
Conditions for Electric Furnaces and Modular Blowers, and the title of 
section 8.5 of appendix AA is Steady-State Conditions for Cold Flow 
Tests. The former two sections (8.3 and 8.4) describe the steady-state 
conditions for ``hot flow'' tests where the burner or heating element 
is on, while the latter section (8.5) describes the steady-state 
conditions for ``cold flow'' tests when the burner or heating element 
is off. To provide better consistency between the section titles and to 
provide clarity for the intended use of sections 8.3 and 8.4 of 
appendix AA, DOE proposes to amend the section titles to include the 
terminology ``for Hot Flow Tests'' in the titles.
    Section 10.1 of appendix AA specifies that in calculating FER, the 
furnace fan electrical consumption in the maximum airflow-control 
setting (E<INF>max</INF>) is multiplied by the cooling hours (CH). 
However, if the maximum airflow-control setting is a not a cooling 
setting (e.g., if it is only a heating setting), E<INF>max</INF> would 
not necessarily be measured during operation in a cooling airflow-
control setting. Therefore, DOE proposes to change the description of 
the operating mode hours to be ``maximum airflow hours'' and to 
designate it with the variable ``MH'' in the nomenclature and 
associated equations. DOE tentatively concludes that this proposed 
change would provide consistency with the description of the 
operational mode and E<INF>max</INF> measurement and avoid the 
implication that the maximum airflow-control setting will always be a 
cooling mode.

E. Nomenclature and Equations

    In response to the July 2021 RFI, AHRI submitted several comments 
regarding the nomenclature and equations in appendix AA. In the current 
test procedure for furnace fans, the equation for FER includes a 
dependence on the term Q<INF>max</INF>, which represents the airflow at 
the maximum airflow-control setting. For products for which the maximum 
airflow-control setting is the specified heat setting, Q<INF>max</INF> 
will equal the airflow measured at the heating mode control setting 
(``Q<INF>heat</INF>''). Otherwise, a separate equation in section 10.1 
of appendix AA is used to adjust Q<INF>heat</INF> to determine the 
expected Q<INF>max</INF>. Q<INF>heat</INF> is first determined using 
the equation for Q<INF>i</INF> (the airflow in airflow-control setting 
i), when i indicates heating mode.
    AHRI stated that the use of subscript ``i'' is confusing. 
Specifically, AHRI stated that the subscript ``i'' has two different 
meanings within the equation for Q<INF>max</INF>: The airflow control 
setting, and the heat input setting. AHRI recommended that the 
subscript ``k'' be used to indicate the heat setting, thereby creating 
measured input at heat setting k (Q<INF>IN,k</INF>), steady-state 
efficiency at heat input setting k (Effy<INF>SS,k</INF>), and furnace 
fan electrical consumption at heat setting k (E<INF>k</INF>). Further, 
AHRI recommended replacing Q<INF>i</INF> with Q<INF>heat.k</INF> as 
opposed to implying that Q<INF>heat</INF> is equal to Q<INF>i</INF>. 
(AHRI, No. 5 at p. 4)
    DOE agrees that the current use of subscripts could lead to 
confusion. However, as discussed in section III.D.2 of this document, 
DOE is proposing to measure airflow directly. As a result, the 
equations to calculate airflow would no longer be needed if this 
proposal were adopted. However, if DOE does not ultimately adopt its 
proposal to measure airflow directly, it would consider using the 
subscripts ``i'' and ``k'' to distinguish between airflow control 
settings and heat input settings.
    Additionally, AHRI submitted a revised equation for 
Q<INF>max</INF>. Specifically, AHRI submitted a derivation of the 
Q<INF>max</INF> equation based on the fan laws from the 2016 ASHRAE 
Handbook suggesting that the average outlet air temperatures in the 
heating and maximum airflow modes (T<INF>Heat, Out</INF> and 
T<INF>Max,Out</INF>, respectively) of the adjustment factor for 
Q<INF>heat</INF> should be inverted. (AHRI, No. 5 at pp. 4, 24-26) In 
response to AHRI's suggestion that the Q<INF>max</INF> calculation 
should be corrected, DOE notes that the derivation of the 
Q<INF>max</INF> equation was discussed in the April 2013 SNOPR. 78 FR 
19606, 19614-19616. Further, DOE notes that the fan laws are not an 
appropriate starting point for AHRI's derivation of the Q<INF>max</INF> 
equation. Residential furnaces are almost exclusively designed such 
that air is not heated until after it has passed through the furnace 
fan (i.e., the furnace fan pushes rather than pulls air through the 
heat exchanger) so the inlet air, which is what is experienced by the 
fan, will remain at approximately the same (ambient) conditions 
throughout the course of the test, independent of the furnace fan's 
operating mode. As a result, the air temperature and density 
experienced by the fan will not change when testing a furnace fan in 
different operating modes. In contrast, DOE's derivation was based on 
differences in the temperatures of the air passing through the outlet 
ductwork but is not derived from the fan laws.
    In addition, AHRI recommended several clarifications for the 
calculation of the airflow equation to determine Q<INF>i</INF>. AHRI's 
suggestions included defining the previously undefined variables in the 
Q<INF>i</INF> equation. Specifically, it suggested a definition for 
jacket loss (``L<INF>J</INF>''), using the definition and default value 
of 1 percent based on the January 2014 Final Rule. (AHRI, No. 5 at p. 
17) Next, AHRI suggested a definition for the steady-state efficiency 
in airflow setting i (``Effy<INF>ss</INF>,'') to incorporate comments 
from the January 2014 Final Rule. (Id.) AHRI also suggested adding a 
specific definition for the electrical energy to the furnace fan motor 
in the airflow control setting i (``E<INF>i</INF>'') for clarity. (Id. 
at p. 18) Further, AHRI commented that several constants in the 
Q<INF>i</INF> equation should be explicitly defined and/or corrected. 
It recommended defining 60 as the conversion factor from hours to 
minutes (``min/h''), 0.24 as the approximate specific heat capacity of 
dry air, and 0.444 as the approximate specific heat capacity of 
saturated water vapor. AHRI stated that each of these definitions would 
provide additional clarity when calculating Q<INF>i</INF>. (Id.) AHRI 
also recommended revising the included factor for converting watts to 
Btu per hour (``(Btu/h)/W'') from 3,413 to 3.413 to correct the 
misplaced the decimal point. (Id.) AHRI noted that DOE currently uses 
the variable ``W'' to represent both relative humidity in section 8.6.1 
of appendix AA and humidity ratio in section 9 of appendix AA. AHRI 
recommends clarifying that humidity ratio is denoted using the variable 
``W,'' while the relative humidity is represented by the variable ``q'' 
to align with the ASHRAE handbook. (Id.) Finally, AHRI suggested 
changing the definition of the specific volume of air 
(v<INF>air,i</INF>), which is currently defined in the test procedure 
as the ``specific volume of dry air'' in units of lb/ft\3\, to the 
``specific volume of moist air mixture in the airflow-control setting 
i'' in units of ft\3\/lb<INF>da</INF>. (Id. at p. 19) Id.

[[Page 29590]]

    Were DOE to adopt in a final rule its proposal to measure airflow 
directly rather than to calculate airflow (as discussed in section 
III.D.2 of this document), the terms reference system descriptor 
(``kref''), air throughput temperature rise in setting i 
(``[Delta]T<INF>i</INF>''), inlet air temperature at time of the 
electrical power measurement in airflow-control setting i 
(``T<INF>i,In</INF>''), Effy<INF>ss</INF>, L<INF>J</INF>, the airflow 
variable (``Q<INF>i</INF>''), and a specific volume of dry air 
(``v<INF>air</INF>'') would no longer be used and as a result, their 
definitions would be removed from the test procedure in appendix AA. 
The humidity ratio, W, and average outlet air temperature at time of 
the electrical power measurements in airflow-control setting i 
(``T<INF>i,out</INF>'') would remain in appendix AA even though they 
would not be used directly in any calculations because they would be 
necessary for measurement of airflow. Should, however, DOE determine to 
maintain the indirect calculation of airflow based on measurement of 
temperature rise, as required by the current test procedure, DOE would 
consider adopting several of the nomenclature revisions recommended by 
AHRI, including those for variables Effy<INF>SS</INF>, v<INF>air</INF>, 
L<INF>J</INF>, Q<INF>i</INF>, 60, 0.24, and 0.44. In addition, the 
variables for [Delta]T<INF>i</INF>, T<INF>i,In</INF>, 
T<INF>i</INF>,<INF>Out</INF> were not mentioned by AHRI but would be 
updated for consistency with the clarifications of the indices. The 
nomenclature definition for variable Q<INF>IN,i</INF> is relevant 
regardless of whether DOE ultimately adopts its proposal to directly 
measure airflow; therefore, DOE proposes to revise it within the test 
procedure for furnace fans at appendix AA as discussed in the 
paragraphs below.
    In reviewing the suggested changes, DOE agrees with AHRI's 
recommended definitions for steady-state efficiency in airflow-control 
setting i (Effy<INF>ss,i</INF>), jacket loss (L<INF>J</INF>), 
clarification of the meaning of the indices for airflow(Q<INF>i</INF>), 
humidity ratio (W), conversion from hours to minutes, the approximate 
specific heat capacity of dry air in Btu per pound per [deg]F (``Btu/
lb-[deg]F''), the approximate specific heat capacity of saturated water 
vapor in Btu/lb-[deg]F, and the correction of the units for the 
specific volume of air (v<INF>air</INF>) in the nomenclature from lb/
ft\3\ to ft\3\/lb. All other variables that would include the modified 
indices would also be updated in the nomenclature section of appendix 
AA including [Delta]T<INF>i,k</INF>, T<INF>i,k, In</INF>, 
T<INF>i,k, Out</INF>, and Q<INF>IN,k</INF>. Should DOE not adopt the 
proposal to measure airflow directly, DOE tentatively concludes that 
providing a specific definition for each of these variables and 
constants would allow for increased clarity when calculating airflow. 
Therefore, should DOE not adopt the proposal to measure airflow 
directly, DOE would propose to include the following new definitions in 
section 9 of appendix AA:

<bullet> 60 = conversion factor from hours to minutes, (min/h)
<bullet> 0.24 = approximate specific heat capacity of dry, (Btu/lb-
[deg]F)
<bullet> 0.44 = approximate specific heat capacity of saturated water 
vapor, (Btu/lb-[deg]F)
<bullet> Effy<INF>ss,i</INF> = Steady-State Efficiency in airflow-
control setting i. For gas and oil furnaces, Effy<INF>ss,i</INF> as 
specified in Sections 11.2.7 (Non-Condensing and Non modulating), 
11.3.7.3 (Condensing and Non modulating), 11.4.8.8 (Non-Condensing and 
Modulating), or 11.5 (Condensing and Modulating) of ASHRAE 103-2017, in 
%. For electric furnaces or modular blowers, Eff<INF>yss,i</INF> equals 
100, in %.
<bullet> L<INF>J</INF> = jacket loss as determined as specified in 
Section 8.6 of ASHRAE 103-2017 or a default value of 1% if the jacket 
loss test is not performed, in %
<bullet> T<INF>i,k, In</INF> = inlet air temperature at time of the 
electrical power measurement, in [deg]F, in airflow-control setting i 
and heat setting k, where i can be ``Circ'' to represent constant-
circulation (or minimum airflow) mode, ``Heat'' to represent heating 
mode, or ``Max'' to represent maximum airflow (typically designated for 
cooling) mode. If i = Heat, k can be ``H'' to represent the high heat 
setting or ``R'' to represent the reduced heat setting. If i = Max or 
Circ, k is not needed.
<bullet> T<INF>i,k, Out</INF> = average outlet air temperature as 
measured by the outlet thermocouple grid at time of the electrical 
power measurement, in [deg]F, in airflow-control setting i and heat 
setting k, where i can be ``Circ'' to represent constant-circulation 
(or minimum airflow) mode, ``Heat'' to represent heating mode, or 
``Max'' to represent maximum airflow (typically designated for cooling) 
mode. If i = Heat, k can be ``H'' to represent the high heat setting or 
``R'' to represent the reduced heat setting. If i = Max or Circ, k is 
not needed.
<bullet> [Delta]T<INF>i,k</INF> = T<INF>i,k, Out</INF> minus 
T<INF>i,k, In</INF>, which is the air throughput temperature rise in 
setting i and heat setting k, in [deg]F
<bullet> Q<INF>i,k</INF> = airflow in airflow-control setting i and 
heat setting k, in cubic feet per minute (CFM)
<bullet> Q<INF>IN,k</INF> = measured fuel energy input rate, in Btu/h, 
at specified operating conditions k based on the fuel's high heating 
value (HHV) determined as required in Section 8.2.1.3 or 8.2.2.3 of 
ASHRAE 103-2017, where k can be ``H'' for the maximum heat setting or 
``R'' for the reduced heat setting.
<bullet> v<INF>air</INF> = specific volume of dry air at specified 
operating conditions per the equations in the psychrometric chapter in 
2001 ASHRAE Handbook--Fundamentals in ft\3\/lb

    DOE also agrees with AHRI's comment regarding the conversion factor 
from watts to Btu/h. Currently, the conversion factor multiplies watts 
by 3,413, and therefore converts the value to thousand Btu per hour per 
watt (``(kBtu/h)/W''). However, the measured fuel energy input rate, 
Q<INF>IN,k</INF>, is expressed in Btu/h. Therefore, to stay consistent 
throughout the equation, the appropriate conversion factor is 3.413, 
which would convert watts to Btu/h. Although DOE is proposing to 
directly measure the maximum airflow for determining Q<INF>max</INF> 
which obviates the need for the Q<INF>i</INF> equation used to 
calculate Q<INF>max</INF>, if DOE were to ultimately not adopt that 
proposal, DOE would propose the following equation for airflow in 
airflow-control setting i and heat setting k in section 10.1 of 
appendix AA:
[GRAPHIC] [TIFF OMITTED] TP13MY22.025

    Finally, DOE agrees that there should be different variables 
assigned to represent relative humidity and the humidity ratio. To 
provide clarity regarding these variables, DOE proposes to redesignate 
the variable for relative humidity from ``W'' to ``q.''
    Issue 16: DOE requests comment on its proposals to add definitions 
to certain variables and constants in the airflow equation and change 
the conversion factor from (kBtu/h)/W to (Btu/h)/W in the event that 
DOE were to

[[Page 29591]]

decide not to adopt the proposal to directly measure airflow in the 
final rule. DOE seeks further comment regarding its proposal to 
redesignate the variable for relative humidity from ``W'' to ``q.''
    AHRI further commented that the hours used in the equation to 
calculate FER are assigned arbitrarily that do not represent the 
performance in either the north or the south. (AHRI, No. 5 at p. 12) 
DOE notes that these hours were estimated to be the national average 
for each function, and therefore represent the mean usage across the 
country, as opposed to the performance in any particular part of the 
country. DOE originally proposed these hours in the May 2012 NOPR. 77 
FR 28673, 28683. AHRI responded in a comment to the May 2012 NOPR that 
DOE should calculate FER using the annual operating hours that DOE 
proposed.\16\ 78 FR 19606, 19613. Therefore, DOE does not propose any 
deviation from the operating hours as outlined in Table IV.2 of 
appendix AA.
---------------------------------------------------------------------------

    \16\ For AHRI's comment see: www.regulations.gov/comment/EERE-2010-BT-TP-0010-0016.
---------------------------------------------------------------------------

F. Thermocouple Accuracy

    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 [deg]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.
    In the July 2021 RFI, DOE requested information regarding the 
number and types of thermocouples, or other temperature measurement 
devices, that laboratories use to measure the stack temperatures of 
oil-fired furnaces. DOE also sought feedback on whether the stack 
temperatures of gas-fired furnaces are likely to exceed 450 [deg]F, and 
the accuracy of instruments used to test furnaces (gas- or oil-fired) 
with stack temperatures exceeding 450 [deg]F. 86 FR 35660, 35665.
    AHRI commented that stack temperatures of gas furnaces probably 
would not exceed 450 [deg]F and recommended using five thermocouples in 
the stack to measure temperature. (AHRI, No. 5 at p. 10) AHRI commented 
that required thermocouple accuracy should be adjusted because 
thermocouples are only accurate to 1-2 degrees Celsius (``[deg]C'') 
depending on the class of the product, while ASHRAE 37 (and by 
extension the DOE test method at appendix AA) require measurement 
devices to be accurate within <plus-minus>0.75 [deg]F. (Id.) AHRI 
recommended reviewing and updating the measurement tolerances to 
address this issue. (Id.) DOE did not receive any further comments on 
these topics.
    As discussed in the July 2021 RFI, using the types of thermocouples 
commonly used in test facilities (including ``T-type'' and ``K-type''), 
DOE determined that the measurement accuracy required in appendix AA 
(0.75 [deg]F) is achievable with a minimum of five thermocouples at 
temperatures up to approximately 450 [deg]F. 89 FR 35660, 35665. This 
measurement accuracy requirement was calculated using the thermocouple 
characteristics found in Table 1 of ANSI/ASTM E230/E230M-17 \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 the number of thermocouples. Assuming that the 
stack temperatures of gas furnaces would not likely exceed 450 [deg]F 
as indicated by AHRI, DOE tentatively concludes that current 
instrumentation is adequate to measure the stack temperature of 
furnaces on the market and does not propose any changes to accuracy of 
temperature measuring instruments in appendix AA.
---------------------------------------------------------------------------

    \17\ ANSI/ASTM E230/E230M-17, Standard Specification For 
Temperature-Electromotive Force (Emf) Tables For Standardized 
Thermocouples. Available at: webstore.ansi.org/standards/astm/astme230e230m17.
---------------------------------------------------------------------------

G. Burner Selection

    In the July 2021 RFI, DOE requested comment on the potential impact 
(if any) of burner selection on furnace fan performance. DOE also 
requested comment on the potential approaches for specifying burner(s) 
for testing. 86 FR 35660, 35666. In response, AHRI asked for 
clarification regarding DOE's question, and indicated that it was 
unable to provide meaningful comment. (AHRI, No. 5 at p. 11)
    DOE notes that there are oil-fired furnaces that are shipped 
without a burner, but for which the manufacturer instead provides 
several burner options in the accompanying product literature. These 
burners may have different steady-state heating efficiencies and/or 
different airflow resistance characteristics, that could result in 
differences in furnace fan operation and efficiency. Therefore, if 
different burner options are used in tests for a given oil furnace and 
if burner selection impacts FER, test repeatability issues could arise.
    Because DOE did not receive any additional information about burner 
selection, DOE is not proposing to add any requirements related to 
burner selection into appendix AA at this time.

H. Reporting Requirements

    NEEA and the CA IOUs encouraged DOE to require mandatory reporting 
of fan performance results for maximum/cooling, heating, and air 
circulation individually. (NEEA, No. 3 at p. 6; CA IOUs, No. 4 at p. 4) 
The CA IOUs suggested that this method of reporting would allow 
consumers and utility incentive program designers to better understand 
fan performance in each mode, which they assert is particularly 
important in regions where operation time in each mode differs from the 
FER weighting factors. (CA IOUs, No. 4 at p. 4) Similarly, NEEA 
commented that reporting the specific energy consumption values in each 
mode would provide information for planners for the adoption of 
efficient fan equipment suitable for their region. (NEEA, No. 3, at pp. 
6-7) NEEA asserted that this additional reporting is reasonable, 
considering manufacturers already test for each consumption value 
separately. (Id. at p. 7)
    Manufacturers, including importers, must use product-specific 
certification templates to certify compliance to DOE. For consumer 
furnace fans, the certification template reflects the general 
certification requirements specified at 10 CFR 429.12 and the product-
specific requirements specified at 10 CFR 429.58. DOE is not proposing 
to amend the product-specific certification requirements for these 
products. Were DOE to finalize the proposals as amended, DOE would 
consider as part of a separate rulemaking whether amendments to the 
certification requirements and reporting for furnace fans would be 
warranted.

I. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this NOPR, DOE proposes to amend the existing test procedure for 
consumer furnace fans by specifying a test method for furnace fans that 
operate at low ESPs, incorporating by reference the most recent 
industry test procedures, clarifying the scope of the definition of 
``furnace fans,'' directly measuring airflow, tightening ambient 
conditions, and clarifying language for airflow-

[[Page 29592]]

control settings. DOE has tentatively determined that only the proposed 
amendment requiring directly measuring air flow would impact testing 
costs as discussed in the following paragraphs.
a. Airflow Determination
    DOE proposes to require that airflow be measured directly in 
appendix AA in accordance with procedures specified in ASHRAE 37-2009 
(RA 2019). This would impose additional cost if a manufacturer or test 
laboratory does not already have an airflow-measuring device for 
testing other HVAC equipment, or if they would need to purchase one to 
specifically dedicate to testing furnace fans. DOE estimates a purchase 
price of approximately $50,000 for an airflow-measuring device that 
meets the requirements of ASHRAE 37-2009 (RA 2019). DOE recognizes that 
laboratories may have multiple test rigs, and that each test rig could 
require its own additional equipment. As an example, for a laboratory 
with two furnace fan test rigs, the cost associated with new test 
equipment resulting from this proposed requirement would be $100,000. 
However, DOE expects that not all manufacturers and test laboratories 
would need to purchase new equipment, since direct airflow measurement 
is performed for testing of other HVAC equipment and the necessary 
equipment could also be used for furnace fan testing, depending on the 
testing capacity at that site. As such, DOE is unable to estimate the 
total expected cost to industry that would be incurred as a result of 
this proposal. Further, this proposed change is intended to increase 
the accuracy of FER ratings and consistency of test results but would 
not be expected to change the actual performance of any units. 
Additionally, DOE is not proposing to require units that are currently 
certified to retest according to the updated test procedure.
    Issue 17: DOE requests comment, specifically from manufacturers and 
third-party test laboratories, on whether costs would be incurred as a 
result of the proposals in this NOPR to require measuring airflow 
directly; and if so, the total incurred cost expected for each test 
facility.
    DOE has initially determined that the proposed amendments would not 
impact the representations of consumer furnace fan energy efficiency. 
Based on the initial determination, manufacturers would be able to rely 
on data generated under the current test procedure should the proposed 
amendments be finalized. As such, retesting of consumer furnace fans 
would not be required solely as a result of DOE's adoption of the 
proposed amendments to the test procedure.
    Issue 18: DOE requests comment on the impact and associated costs 
of the proposed amendments.
b. Additional Amendments
    DOE does not anticipate that the remainder of the amendments 
proposed in this NOPR would impact test costs.
    In response to petition for waiver and an application for interim 
waiver for heating-only furnace fans, DOE granted a waiver requiring 
use of an alternate test procedure that specifies alternate ESP test 
conditions for furnace fans that operate at low ESPs. Any such furnace 
fan models currently on the market have already been granted a test 
procedure waiver from DOE, which specifies use of the alternate test 
procedure. As such, DOE's proposal to incorporate a similar methodology 
as the waiver methodology into the test procedure for furnace fans that 
operate at low ESPs will not result in any additional costs for 
manufacturers.
    DOE's proposal to incorporate by reference the most recent versions 
of ASHRAE 103, ASHRAE 37, and maintain by reference ASHRAE 41.1-1986 
(RA 2006), would update references to the most recent versions of 
ASHRAE 103 and ASHRAE 37. As discussed previously, DOE's review of 
these standards indicates that reference to the latest versions of them 
would not impact FER ratings and would not require that manufacturers 
recertify their units. Therefore, manufacturers would not incur any 
additional costs.
    DOE's proposal to define and explicitly exclude dual-fuel furnace 
fans from the scope of appendix AA would make clear that such products 
are not subject to testing under appendix AA, and would not impose any 
additional burden.
    DOE's proposal to tighten ambient conditions would limit the 
permissible ambient temperature range to between 65 [deg]F and 85 
[deg]F and the ambient humidity range to between 20 percent and 80 
percent for both condensing and non-condensing furnaces. As discussed, 
appendix AA currently already limits ambient temperatures to between 65 
[deg]F and 85 [deg]F, as well as humidity to below 80 percent for 
condensing furnaces, and DOE understands that testing laboratories are 
generally able to meet these criteria in their testing laboratories 
without the use of a specialized test chamber. Additionally, DOE 
tentatively concludes that it is unlikely that test laboratories would 
be unable to meet a minimum requirement of 20 percent, because that 
limit would exclude only the driest conditions. Therefore, DOE expects 
that test laboratories would not incur additional cost in applying 
these same temperature tolerances to testing of non-condensing furnaces 
as well. Similar to the proposal to directly measure the airflow in 
section III.J.1.a of this document, the ambient condition requirements 
proposed in this NOPR are intended to increase the accuracy of FER 
ratings and the consistency of test results but should not change the 
actual performance of any units. Additionally, DOE is not proposing to 
require units that are currently certified to retest according to the 
updated test procedure.
    DOE's remaining proposals to clarify nomenclature and fix 
typographic errors would not result in any changes to the test conduct 
and therefore would not affect the cost of testing.
    DOE has tentatively determined that manufacturers would be able to 
rely on data generated under the current test procedure, should any of 
these additional proposed amendments be finalized.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle or period of use. Section 8(c) of appendix A of 10 
CFR part 430 subpart C. In cases where the industry standard does not 
meet EPCA statutory criteria for test procedures, DOE will make 
modifications through the rulemaking process to these standards as the 
DOE test procedure.
    The test procedure for consumer furnace fans at appendix AA 
incorporates by reference ASHRAE 103-2017, ASHRAE 37-2009, and ASHRAE 
41.1-1986 (RA 2006), which provide test conditions, testing equipment, 
and methods for measuring the energy use of furnace fans.
    In the July 2021 RFI, DOE sought 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. 86 FR 
35660, 35665.
    In response, AHRI commented that the industry test standard 
Canadian

[[Page 29593]]

Standards Organization (``CSA'') Standard C823:11 (R2021) ``Performance 
of air handlers in residential space conditioning systems'' specifies 
requirements for measuring both the air delivery and the electrical 
energy consumption of air handlers in residential space conditioning 
systems over a range of static pressures and speed control settings. 
(AHRI, No. 5 at p. 9) AHRI stated that while performance ratings can be 
developed for each of the air handler operating controls settings, 
manufacturers find this procedure to be unduly burdensome for 
regulatory purposes, where multiple test samples are required to 
establish ratings. (Id.) Upon review of the standard, DOE tentatively 
concludes that harmonizing DOE's test method with this test procedure 
could impose unnecessary burden on the testing facility and does not 
propose to reference or incorporate this procedure in its test 
procedure for consumer furnace fans.
    AHRI also commented that it is beginning work on an industry rating 
procedure, AHRI 630 Performance Rating of Annual Fuel Utilization 
Efficiency 2 (AFUE2) for Residential Furnaces, the purpose of which is 
to establish for residential furnaces the following: Definitions; test 
requirements; rating requirements; minimum data requirements for 
published ratings; marking and nameplate data; and conformance 
conditions. (AHRI, No. 5 at p. 9) The scope is limited to products that 
are either a gas-fired or oil-fired central furnace, use single-phase 
electric current, and have a heat input rates of less than 225,000 Btu/
h. (Id.) AHRI further stated that this standard will combine the three 
metrics used to rate residential furnaces--AFUE, as determined by DOE's 
test procedures for furnaces at appendix N; standby mode electrical 
consumption, as determined by appendix N; and the electric efficiency 
of furnace fans, as determined by appendix AA--into a single 
performance rating, ``AFUE2.'' AHRI asserted that AFUE2 will reduce 
consumer confusion and increase the opportunity for innovation through 
a streamlined performance rating. (Id.)
    On October 12, 2018, DOE received a petition from AHRI (``AHRI 
Petition'') asking DOE to initiate notice-and-comment rulemaking to 
develop a new test procedure for residential furnaces and furnace fans 
which would replace the two currently required performance metrics for 
furnaces (i.e., AFUE and P<INF>W,SB</INF>/P<INF>W,OFF</INF>) and the 
one performance metric for furnace fans (i.e., FER) with a single new 
metric (i.e., AFUE2). On November 14, 2018, DOE published a Notice of 
Petition for Rulemaking announcing the receipt of the AHRI Petition and 
inviting interested parties to submit comments. 83 FR 56746. After 
considering the AFUE2 metric and comments from interested parties, DOE 
published a final denial of petition for rulemaking on September 21, 
2021. 86 FR 52422. In denying the petition, DOE determined that a 
combined test procedure and energy conservation standard for consumer 
furnaces and furnace fans would enable an increase in the maximum 
allowable energy use and/or minimum required efficiency of furnaces and 
furnace fans, which is impermissible under the ``anti-backsliding'' 
provision EPCA.\18\ 86 FR 52422, 52423. DOE also determined that a 
unified metric for consumer furnaces and furnace fans (using the 
proposed combined metric AFUE2) would be contrary to DOE's prior 
determination that it is technologically infeasible to integrate active 
mode and standby or off mode energy use for furnaces. Id. DOE maintains 
its conclusions presented in the denial of the AHRI petition and for 
these reasons, did not further consider the AFUE2 test method.
---------------------------------------------------------------------------

    \18\ The ``anti-backsliding'' provision prevents the Secretary 
from prescribing any amended standard that either increases the 
maximum allowable energy use or decreases the minimum required 
energy efficiency of a covered product. (42 U.S.C. 6295(o)(1))
---------------------------------------------------------------------------

    The industry standards that DOE proposes to incorporate by 
reference via amendments described in this proposed rule are discussed 
in further detail in section IV.M of this document.
    Issue 19: DOE requests comment on the benefits and burdens of the 
proposed updates and additions to industry standards referenced in the 
test procedure for consumer furnace fans.

J. Compliance Date and Waivers

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)).
    If DOE were to publish an amended test procedure, EPCA provides an 
allowance for individual manufacturers to petition DOE for an extension 
of the 180-day period if the manufacturer may experience undue hardship 
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. (Id.)
    Upon the compliance date of test procedure provisions of an amended 
test procedure, should DOE issue a such an amendment, any waivers that 
had been previously issued and are in effect that pertain to issues 
addressed by such provisions are terminated. 10 CFR 430.27(h)(3). 
Recipients of any such waivers would be required to test the products 
subject to the waiver according to the amended test procedure as of the 
compliance date of the amended test procedure. The amendments proposed 
in this document pertain to issues addressed by waivers granted to ECR 
International, Inc. (Case number 2019-001). 86 FR 13530.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866 and 13563

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

[[Page 29594]]

that such techniques may include identifying changing future compliance 
costs that might result from technological innovation or anticipated 
behavioral changes. For the reasons stated in the preamble, this 
proposed regulatory action is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this proposed regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: energy.gov/gc/office-general-counsel.
1. Description of Reasons Why Action Is Being Considered
    DOE is proposing to amend the existing DOE test procedures for 
consumer furnace fans. EPCA 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 or period of use. (42 U.S.C. 
6293(b)(1)(A))
    DOE is proposing amendments to the test procedures for consumer 
furnace fans in satisfaction of its statutory obligations under EPCA.
2. Objectives of, and Legal Basis for, Rule
    DOE is required to review existing DOE test procedures for all 
covered products every 7 years to determine if an amended test 
procedure would more accurately or fully comply with the requirement 
that a test procedure be reasonably designed to measure energy 
efficiency during a representative average use cycle and not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(1)(A))
3. Description and Estimate of Small Entities Regulated
    For manufacturers of consumer furnace fans, the U.S. Small Business 
Administration (``SBA'') has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. (See 13 CFR part 121.) The size standards are listed by North 
American Industry Classification System (``NAICS'') code and industry 
description and are available at www.sba.gov/document/support--table-size-standards. Manufacturing of consumer furnace fans is classified 
under NAICS 333415, ``Air-Conditioning and Warm Air Heating Equipment 
and Commercial and Industrial Refrigeration Equipment Manufacturing.'' 
The SBA sets a threshold of 1,250 employees or fewer for an entity to 
be considered as a small business for this category.
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. 68 FR 7990.
    DOE conducted a market survey using available public information to 
identify manufacturers of the products covered by this rulemaking. 
DOE's research involved its Compliance Certification Database 
(``CCD''),\19\ California Energy Commission's Modernized Appliance 
Efficiency Database System (``MAEDbS''),\20\ individual company 
websites, and consumer furnace fan energy conservation standards 
rulemakings \21\ to create a list of companies that manufacture or sell 
consumer furnace fans in the United States. DOE then consulted other 
publicly available data, such as manufacturer specifications and 
product literature, U.S. import and export data (e.g., Panjiva \22\) 
and basic model numbers, to identify original equipment manufacturers 
(``OEMs'') of the products covered by this proposed rulemaking. DOE 
further relied on public sources and subscription-based market research 
tools (e.g., Dun & Bradstreet reports \23\) to determine company 
location, headcount, and annual revenue. DOE screened out companies 
that do not offer products covered by this proposed rulemaking, do not 
meet the SBA's definition of a ``small business,'' or are foreign-owned 
and operated.
---------------------------------------------------------------------------

    \19\ DOE's Compliance Certification Database, 
www.regulations.doe.gov/certification-data/ (last accessed February 
2, 2022).
    \20\ California Energy Commission's Modernized Appliance 
Efficiency Database System, cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx (last accessed February 2, 2022).
    \21\ DOE relied on written comments submitted by AHRI in 
response to the consumer furnace fan energy conservation standards 
RFI published in the Federal Register on November 23, 2021. 86 FR 
66465. (AHRI, No. 11, p. 7).
    \22\ Panjiva: S&P Global. Available at: panjiva.com/import-export/United-States (Last access February 25, 2022).
    \23\ The Dun & Bradstreet Hoovers subscription login is 
accessible online at app.dnbhoovers.com/ (last accessed February 25, 
2022).
---------------------------------------------------------------------------

    DOE initially identified 25 OEMs offering consumer furnace fans for 
the domestic market. Of the 25 OEMs identified, DOE estimates that 
eight companies qualify as small businesses and are not foreign-owned 
and operated.
4. Description and Estimate of Compliance Requirements
    In this NOPR, DOE proposes to amend the existing test procedure for 
consumer furnace fans by (1) specifying testing instructions for 
furnace fans incapable of operating at the required external static 
pressure (``ESP''); (2) incorporating by reference the most recent 
versions of industry standards, ASHRAE 103-2017 and ASHRAE 37-2009 (RA 
2019), in 10 CFR 430.3; (3) defining dual-fuel furnace fans and 
excluding them from the scope of appendix AA; (4) changing the term 
``default airflow-control settings'' to ``specified airflow-control 
settings''; (5) adding provisions to directly measure airflow; (6) 
revising the ambient temperature condition allowed during testing; and 
(7) assigning an allowable range of relative humidity during testing.
    DOE has tentatively determined that only the proposed amendment 
requiring directly measuring air flow would impact testing costs. This 
amendment would impose additional testing costs if a manufacturer or 
test laboratory does not already have an airflow-measuring device for 
testing other HVAC equipment, or if they would need to purchase one to 
specifically dedicate to testing furnace fans. DOE estimates a

[[Page 29595]]

purchase price of approximately $50,000 for an airflow-measuring device 
that meets the requirements of ASHRAE 37-2009 (RA 2019). DOE estimates 
that domestic small businesses would incur this one-time cost 
associated with the proposed change to measure airflow directly, if 
they do not already have the necessary apparatus to directly measure 
airflow. This cost is not re-occurring, and DOE does not expect that 
any of the proposed changes would increase the cost of performing 
testing on an ongoing basis. Furthermore, DOE is not proposing to 
require units that are currently certified to retest according to the 
updated test procedure.
    DOE identified eight small, domestic OEMs that manufacture the 
products covered by this rulemaking. DOE does not have a method for 
determining which manufacturers have an existing airflow-measuring 
device that meets the requirements of ASHRAE 37-2009 (RA 2019). For the 
cost analysis, DOE assumed all small manufacturers identified would 
purchase the additional equipment. DOE estimates that the annual 
revenue of these small companies range from $4.8 million to $187.4 
million, with an average annual revenue of $61.8 million.\24\ Using the 
$50,000 one-time cost estimate, DOE expects that the additional costs 
associated with this NOPR would account for one percent or less of 
annual revenue for each small business.
---------------------------------------------------------------------------

    \24\ DOE relied on information from Dun & Bradstreet to estimate 
the annual revenues of the eight small businesses identified. The 
Dun & Bradstreet subscription login is accessible at: 
app.dnbhoovers.com/ (Last accessed February 25, 2022).
---------------------------------------------------------------------------

    Issue 20: DOE requests comment on the number of small consumer 
furnace fan manufacturers. DOE also seeks comment on DOE's estimates of 
potential costs these small manufacturers may incur.
5. Identification of Duplication, Overlap, and Conflict With Other 
Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with the rule being considered in this action.
6. A Description of Significant Alternatives to the Rule
    DOE considered alternative test methods and modifications to the 
test procedure for consumer furnace fans, and the Department has 
initially determined that there are no better alternatives than the 
modifications and test procedures proposed in this Notice, in terms of 
both meeting the agency's objectives and reducing burden. Specifically, 
DOE is aware of and did consider several other methods of directly 
measuring the airflow, such as methods outlined in AMCA 210 (e.g., the 
pitot traverse method),\25\ duct-mounted airflow measurement devices, 
and anemometers. However, DOE has tentatively determined that the 
proposed approach to measure airflow as specified by ASHRAE 37-2009 
offers the most accurate and repeatable option for direct measurement 
of airflow and is not unduly burdensome.
---------------------------------------------------------------------------

    \25\ See: https://www.amca.org/assets/resources/public/pdf/Education%20Modules/AMCA%20210-16.pdf. (Last accessed 4/7/2022.)
---------------------------------------------------------------------------

    DOE is requesting comment on methods of direct airflow measurement 
that would be appropriate alternatives to the proposal in this 
document, including requesting comment on the expected measurement 
accuracy and the cost of associated instrumentation.
    DOE also examined relevant industry test standards, and the 
Department incorporated these standards in the proposed test procedures 
whenever appropriate. Specifically, this NOPR incorporates by reference 
the most recent versions of industry standards, ASHRAE 103-2017 and 
ASHRAE 37-2009 (RA 2019), in 10 CFR 430.3.
    Additionally, manufacturers subject to DOE's energy efficiency 
standards may apply to DOE's Office of Hearings and Appeals for 
exception relief under certain circumstances. Manufacturers should 
refer to 10 CFR part 430, subpart E, and 10 CFR part 1003 for 
additional details.

C. Review Under the Paperwork Reduction Act of 1995

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

D. Review Under the National Environmental Policy Act of 1969

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

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy

[[Page 29596]]

describing the intergovernmental consultation process it will follow in 
the development of such regulations. 65 FR 13735. DOE has examined this 
proposed rule and has determined that it would not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of this proposed 
rule. States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 
No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at energy.gov/gc/office-general-counsel.

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

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

I. Review Under Executive Order 12630

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

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

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

K. Review Under Executive Order 13211

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

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C.

[[Page 29597]]

788; ``FEAA'') Section 32 essentially provides in relevant part that, 
where a proposed rule authorizes or requires use of commercial 
standards, the notice of proposed rulemaking must inform the public of 
the use and background of such standards. In addition, section 32(c) 
requires DOE to consult with the Attorney General and the Chairman of 
the Federal Trade Commission (``FTC'') concerning the impact of the 
commercial or industry standards on competition.
    The proposed modifications to the test procedure for consumer 
furnace fans would incorporate testing methods contained in certain 
sections of the following commercial standards: ASHRAE 103-2017, ASHRAE 
37-2009 (RA 2019), and ASHRAE 41.1-1986 (RA 2006). DOE has evaluated 
these standards and is unable to conclude whether they fully comply 
with the requirements of section 32(b) of the FEAA (i.e., whether it 
was developed in a manner that fully provides for public participation, 
comment, and review.) DOE will consult with both the Attorney General 
and the Chairman of the FTC concerning the impact of these test 
procedures on competition, prior to prescribing a final rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the 
following test standards:
    (1) The test standard published by ANSI/ASHRAE, titled Method of 
Testing for Annual Fuel Utilization Efficiency of Residential Central 
Furnaces and Boilers, ASHRAE 103-2017. ASHRAE 103-2017 is an industry-
accepted test procedure for measuring the performance of consumer 
furnaces and boilers. Copies of ASHRAE 103-2017 may be purchased from 
ANSI at 1899 L Street NW, 11th Floor, Washington, DC 20036, or by going 
to webstore.ansi.org/standards/ashrae/ansiashrae1032017.
    (2) The test standard published by ASHRAE, titled Methods of 
Testing for Rating Electrically Driven Unitary Air-Conditioning and 
Heat Pump Equipment, ANSI/ASHRAE Standard 37-2009 (RA 2019). ANSI/
ASHRAE Standard 37-2009 (R 2109) is an industry-accepted test procedure 
that provides a method of test for many categories of air conditioning 
and heating equipment. ANSI/ASHRAE Standard 37-2009 (RA 2019) is 
available on ANSI's website at webstore.ansi.org/RecordDetail.aspx?sku=ANSI%2FASHRAE+Standard+37-2009.
    (3) The test standard published by AMCA, titled Laboratory Methods 
of Testing Fans for Certified Aerodynamic Performance Rating, ANSI/AMCA 
210-07. ANSI/AMCA 210-07 is an industry-accepted standard that 
prescribes methods of testing fans and other air moving devices. ANSI/
AMCA 210-07 is available on ANSI's website at webstore.ansi.org/standards/amca/ansiamca21007.
    (4) The test standard published by ASHRAE, titled Standard Methods 
for Laboratory Airflow Measurement, ASHRAE 41.2-1987 (RA 1992). ASHRAE 
41.2-1987 (RA 1992) is an industry-accepted standard that prescribes 
pressure measurement for the calculation of airflow under laboratory 
conditions. ASHRAE 41.2-1987 (RA 1992) is available on ANSI's website 
at webstore.ansi.org/standards/ashrae/ansiashrae411987ra92.
    The Director of the Federal Register previously approved ASHRAE 
41.1-1986 (RA 2006) for incorporation by reference in the locations in 
which it appears in this proposed rule's regulatory text for 10 CFR 
part 430.

V. Public Participation

A. Participation in the Webinar

    The time and date of the webinar meeting are listed in the DATES 
section at the beginning of this document. Webinar registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on 
DOE's website: www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines. Participants are responsible for ensuring their 
systems are compatible with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
proposed rule, or who is representative of a group or class of persons 
that has an interest in these issues, may request an opportunity to 
make an oral presentation at the webinar. Such persons may submit to 
<a href="/cdn-cgi/l/email-protection#7b3a0b0b17121a15181e280f1a151f1a091f082a0e1e080f121415083b1e1e551f141e551c140d"><span class="__cf_email__" data-cfemail="c889b8b8a4a1a9a6abad9bbca9a6aca9baacbb99bdadbbbca1a7a6bb88adade6aca7ade6afa7be">[email protected]</span></a>. Persons who wish to speak 
should include with their request a computer file in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format that briefly describes 
the nature of their interest in this rulemaking and the topics they 
wish to discuss. Such persons should also provide a daytime telephone 
number where they can be reached.
    DOE requests persons selected to make an oral presentation to 
submit an advance copy of their statements at least two weeks before 
the webinar. At its discretion, DOE may permit persons who cannot 
supply an advance copy of their statement to participate, if those 
persons have made advance alternative arrangements with the Building 
Technologies Office. As necessary, requests to give an oral 
presentation should ask for such alternative arrangements.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar and may 
also use a professional facilitator to aid discussion. The meeting will 
not be a judicial or evidentiary-type public hearing, but DOE will 
conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A 
court reporter will be present to record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the webinar. There shall not be discussion of proprietary information, 
costs or prices, market share, or other commercial matters regulated by 
U.S. anti-trust laws. After the webinar and until the end of the 
comment period, interested parties may submit further comments on the 
proceedings and any aspect of the proposed rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will present a general overview of the topics addressed in this 
proposed rulemaking, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this rulemaking. Each participant will be allowed 
to make a general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will permit, as time 
permits, other participants to comment briefly on any general 
statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this proposed 
rulemaking. The official conducting the webinar will accept additional 
comments or questions from those attending, as time permits. The 
presiding official will announce any further procedural rules or 
modification of the above procedures that may be needed for the proper 
conduct of the webinar.
    A transcript of the webinar will be included in the docket, which 
can be

[[Page 29598]]

viewed as described in the Docket section at the beginning of this 
document. In addition, any person may buy a copy of the transcript from 
the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule.\26\ Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
---------------------------------------------------------------------------

    \26\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 
2020, the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect, 
and Congress's action in replacing NAFTA through the USMCA 
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the 
repeal of E.O. 12889 and its 75-day comment period requirement for 
technical regulations. Thus, the controlling laws are EPCA and the 
USMCA Implementation Act. Consistent with EPCA's public comment 
period requirements for consumer products, the USMCA only requires a 
minimum comment period of 60 days. Consequently, DOE now provides a 
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------

    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. 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 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 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 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 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 www.regulations.gov. If you do not want 
your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information on a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. The cover letter will not be publicly viewable as long as it 
does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. No 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).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    Issue 1: DOE requests information and data regarding the electrical 
energy consumption of multi-stage furnace fans during low-stage cooling 
operation, specifically in relation to single-stage furnace fans in 
cooling mode.
    Issue 2: DOE requests comment on its proposed definition for dual-
fuel units. DOE further requests comment on its proposal to explicitly 
exclude these units from the scope of appendix AA.
    Issue 3: DOE requests comment on its proposal to incorporate by 
reference ASHRAE 103-2017, ASHRAE 37-2009 (RA 2019), and maintain by 
reference ASHRAE 41.1-1986 (RA 2006).
    Issue 4: DOE requests comment on the proposed test instructions for 
furnace fans unable to complete testing at the ESP values currently 
specified in appendix AA.
    Issue 5: DOE requests comment on its tentative decision not to 
tighten the tolerance on fuel input ratings beyond what is required in 
ASHRAE 103-2017.
    Issue 6: DOE requests comment on its proposal to modify the 
allowable ambient temperature range in appendix AA such that for all 
tests and all furnaces (i.e., both condensing and non-condensing), 
ambient air temperature must be maintained between 65 [deg]F and 85 
[deg]F. DOE also requests comment regarding any potential burden 
associated with the change in allowable ambient temperature. 
Additionally, DOE requests data of the typical ambient temperatures of 
testing facilities throughout the year as well as any data on the 
relationship between ambient temperature and FER.

[[Page 29599]]

    Issue 7: DOE requests comment on its proposal to require 
maintaining the room air RH between 20 percent and 80 percent during 
FER testing, and on its tentative determination that this proposal 
would decrease variability between tests. DOE also requests comment on 
its tentative determination that the requirement of room air RH to be 
maintained between 20 percent and 80 percent would not add burden for 
manufacturers or test laboratories. DOE requests comment on whether a 
tighter range for RH during testing (for example, 30 percent to 50 
percent RH, which could further improve representativeness and further 
increase repeatability beyond the proposed range) would be possible to 
maintain without being unduly burdensome. DOE seeks data on ambient RH 
values at test facilities throughout the year and any data on the 
relationship between RH and FER variability.
    Issue 8: DOE requests comment on its tentative conclusion that 
measuring airflow directly would be more accurate and result in less 
variability than the current method of calculating airflow based on 
temperature rise. Additionally, DOE requests comment on its estimated 
cost for an apparatus to measure airflow directly (up to $50,000). DOE 
also requests comment on whether test laboratories would need to 
purchase additional equipment for testing, if DOE adopts this proposal 
to measure4 airflow directly, or if test laboratories generally already 
have this equipment available.
    Issue 9: DOE requests comment on whether it is necessary to 
reference AMCA 210-2007 and ASHRAE 41.2-1987 (RA 1992) in the test 
procedure instructions for constructing an airflow measuring apparatus.
    Issue 10: DOE requests comment on alternative methods of direct 
airflow measurement, other than using the procedures and methods for 
measuring airflow specified in ASHRAE 37-2009 (RA 2019). For these 
alternatives, DOE requests comment on the expected measurement 
accuracy, the cost of associated instrumentation, and appropriate 
associated setup and operation procedures.
    Issue 11: DOE requests comment on whether requiring that the 
external static pressure be measured at the location specified in 
Section 6.4 of ASHRAE 37-2009, as opposed to specifying that external 
static pressure taps always be placed 18 inches from the outlet, could 
improve test repeatability. DOE also requests comment on whether 
manufacturer facilities and other test laboratories would be able to 
accommodate the added duct length during testing. Further, if test 
facilities would not be able to accommodate the added duct length 
during testing, DOE requests comment on whether a different length 
requirement could improve test repeatability while not preventing any 
existing test facilities from completing a valid test for furnace fans.
    Issue 12: DOE seeks comment on its proposal to change the term 
``default airflow-control settings'' to ``specified airflow-control 
settings'' and to add the phrase ``unless otherwise specified within 
the test procedure'' to the end of the revised term's definition.
    Issue 13: DOE requests further comment on this issue of whether it 
is necessary to specify that the maximum heating airflow-control 
setting used during testing be one that also allows for operation 
within the manufacturer-specified temperature rise range during 
testing. DOE is also interested in information regarding how often 
furnace fans operate outside of the manufacturer-specified temperature 
rise range during FER testing under the current requirements.
    Issue 14: DOE requests data and information on the methods and 
granularity with which test facilities currently measure the 
aforementioned variables, particularly furnace fan power 
(E<INF>Max</INF>, E<INF>Circ</INF>, and E<INF>Heat</INF>). DOE also 
requests comment on the intervals at which test facilities are 
currently capable of recording these measurements with their current 
instrumentation. Finally, DOE also requests information on whether 
there are variables besides the fan power consumption variables for 
which there are significant fluctuations in measurements that DOE 
should also consider requiring be determined as an average of multiple 
measurements.
    Issue 15: DOE requests comment on the number of samples that should 
be taken and the length of time over which data should be collected in 
order for a representative average to be achieved. DOE also requests 
comment on the associated costs, if any, to upgrade measurement 
instruments or software to be able to collect furnace fan power 
consumption measurements at frequencies of once per second, once per 
minute, once per 5 minutes, and/or other recommended sampling 
frequencies.
    Issue 16: DOE requests comment on its proposals to add definitions 
to certain variables and constants in the airflow equation and change 
the conversion factor from (kBtu/h)/W to (Btu/h)/W in the event that 
DOE were to decide not to adopt the proposal to directly measure 
airflow in the final rule. DOE seeks further comment regarding its 
proposal to redesignate the variable for relative humidity from ``W'' 
to ``q.''
    Issue 17: DOE requests comment, specifically from manufacturers and 
third-party test laboratories, on whether costs would be incurred as a 
result of the proposals in this NOPR to require measuring airflow 
directly; and if so, the total incurred cost expected for each test 
facility.
    Issue 18: DOE requests comment on the impact and associated costs 
of the proposed amendments.
    Issue 19: DOE requests comment on the benefits and burdens of the 
proposed updates and additions to industry standards referenced in the 
test procedure for consumer furnace fans.
    Issue 20: DOE requests comment on the number of small consumer 
furnace fan manufacturers. DOE also seeks comment on DOE's estimates of 
potential costs these small manufacturers may incur.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and request for comment.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on May 2, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on May 3, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend

[[Page 29600]]

part 430 of Chapter II of Title 10, Code of Federal Regulations as set 
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.3 is amended by:
0
a. Redesignating paragraphs (b)(3) and (4) as paragraphs (b)(4) and 
(5);
0
b. Adding new paragraph (b)(3);
0
c. Redesignating paragraphs (g)(17) and (18) as (g)(19) and (20) and 
paragraphs (g)(5) through (16) as paragraphs (g)(6) through (17), 
respectively;
0
d. Adding new paragraph (g)(5);
0
e. In newly redesignated paragraph (g)(6), removing the text 
``(Reaffirmed 2006)'' and adding, in its place, the text ``(Reaffirmed 
2006) (``ASHRAE 41.1-1986 (RA 2006)'')'';
0
f. In newly redesignated paragraph (g)(9), removing the text ``appendix 
F'' and adding in its place, the text ``appendices F and AA'';
0
g. In newly redesignated paragraph (g)(17), removing the text 
``appendices O and AA'' and adding in its place, the text ``appendix 
O''; and
0
h. Adding new paragraph (g)(18).
    The revisions and additions read as follows:


Sec.  430.3   Materials incorporated by reference.

* * * * *
    (b) * * *
    (3) ANSI/AMCA 210-07, ANSI/ASHRAE 51-07 (``AMCA 210-2007''), 
Laboratory Methods of Testing Fans for Certified Aerodynamic 
Performance Rating, ANSI-approved August 17, 2007, IBR approved for 
appendix AA to subpart B.
* * * * *
    (g) * * *
    (5) ANSI/ASHRAE Standard 37-2009 (RA 2019), (``ASHRAE 37-2009 (RA 
2019)''), Methods of Testing for Rating Electrically Driven Unitary 
Air-Conditioning and Heat Pump Equipment (including Errata Sheets 
issued October 3, 2016 and April 25, 2019, ANSI-approved June 21; 2019, 
IBR approved for appendix AA to subpart B.
* * * * *
    (18) ANSI/ASHRAE Standard 103-2017, (``ASHRAE 103-2017''), Method 
of Testing for Annual Fuel Utilization Efficiency of Residential 
Central Furnaces and Boilers; ANSI-approved July 3, 2017, IBR approved 
for appendices AA to subpart B.
* * * * *
0
3. Appendix AA to subpart B of part 430 is revised to read as follows:

Appendix AA to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Furnace Fans

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, the entire 
standard for ASHRAE 103-2017, ASHRAE 37-2009 (RA 2019), ASHRAE 41.1-
1986 (RA 2006), AMCA 210-07, and ASHRAE 41.2-1987 (RA 1992). In 
cases where there is a conflict, the language of the test procedure 
in this appendix takes precedence over the incorporated standards. 
Only enumerated provisions of AMCA 210-07 and ASHRAE 41.2-1987 (RA 
1992) are applicable to this appendix, as follows:

0.1 AMCA 210-07

    (i) Figure 12--Outlet Chamber Setup--Multiple Nozzles in Chamber

0.2 ASHRAE 41.2-1987 (RA 1992)

    (i) Section 5.2--Test Ducts, Section 5.2.2--Mixers, 5.2.2.1--
Performance of Mixers (excluding Figures 11 and 12 and Table 1);
    (ii) Figure 14--Outlet Chamber Setup for Multiple Nozzles in 
Chamber
    1. Scope. This appendix covers the test requirements used to 
measure the energy consumption of fans used in weatherized and non-
weatherized gas furnaces, oil furnaces, electric furnaces, and 
modular blowers. This appendix does not apply to furnace fans used 
in dual-fuel units.
    2. Definitions. Definitions include the definitions as specified 
in Section 3 of ASHRAE 103-2017 and the following additional 
definitions, some of which supersede definitions found in ASHRAE 
103-2017:
    2.1. Active mode means the condition in which the product in 
which the furnace fan is integrated is connected to a power source 
and circulating air through ductwork.
    2.2. Airflow-control settings are 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 
this appendix, manufacturer specifications for installed-use shall 
be found in the product literature shipped with the unit.
    2.3. Dual-fuel unit means a consumer product that includes both 
a heat pump and a burner in a single cabinet.
    2.4. External static pressure (ESP) means the difference between 
static pressures measured in the outlet duct and return air opening 
(or return air duct when used for testing) of the product in which 
the furnace fan is integrated.
    2.5. Furnace fan means an electrically-powered device used in a 
consumer product for the purpose of circulating air through 
ductwork.
    2.6. Modular blower means 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.
    2.7. Off mode means the condition in which the product in which 
the furnace fan is integrated either is not connected to the power 
source or is connected to the power source but not energized.
    2.8. Seasonal off switch means a switch on the product in which 
the furnace fan is integrated that, when activated, results in a 
measurable change in energy consumption between the standby and off 
modes.
    2.9. Specified airflow-control settings are the airflow-control 
settings specified for installed-use by the manufacturer. For the 
purposes of this appendix, 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, unless otherwise 
specified within this test procedure.
    2.10. Standby mode means the condition in which the product in 
which the furnace fan is integrated is connected to the power source 
and energized, but the furnace fan is not circulating air.
    2.11. Thermal stack damper means a type of stack damper that 
opens only during the direct conversion of thermal energy of the 
stack gases.
    3. Classifications. Classifications are as specified in Section 
4 of ASHRAE 103-2017.
    4. Requirements. Requirements are as specified in Section 5 of 
ASHRAE 103-2017. In addition, Fan Energy Rating (FER) of furnace 
fans shall be determined using test data and estimated national 
average operating hours pursuant to section 10.1 of this appendix.
    5. Instruments. Instruments must be as specified in section 6, 
not including Section 6.2, of ASHRAE 103-2017; and as specified in 
section 5.1 and 5.2 of this appendix.
    5.1. Temperature. Temperature measuring instruments shall meet 
the provisions specified in Section 5.1 of ASHRAE 37-2009 (RA 2019), 
including the references to ASHRAE 41.1-1986 (RA 2006), and shall be 
accurate to within 0.75 degrees Fahrenheit (within 0.4 degrees 
Celsius).
    5.1.1. Outlet Air Temperature Thermocouple Grid. Outlet air 
temperature shall be measured as described in Section 8.2.1.5.5 of 
ASHRAE 103-2017 and illustrated in Figure 2 of ASHRAE 103-2017. 
Thermocouples shall be placed downstream

[[Page 29601]]

of pressure taps used for external static pressure measurement.
    5.2. Humidity. Air humidity shall be measured with a relative 
humidity sensor that is accurate to within 5% relative humidity. Air 
humidity shall be measured as close as possible to the inlet of the 
product in which the furnace fan is installed.
    6. Apparatus. The apparatus used in conjunction with the furnace 
during the testing shall be as specified in Section 7 of ASHRAE 103-
2017 except for section 7.1, the second paragraph of sections 
7.2.2.2, 7.2.2.5, and 7.7, and as specified in sections 6.1, 6.2, 
6.3, 6.4, 6.5, 6.6, and 6.7 of this appendix.
    6.1. General. The product in which the furnace fan is integrated 
shall be installed in the test room in accordance with the product 
manufacturer's written instructions that are shipped with the 
product unless required otherwise by a specific provision of this 
appendix. The apparatus described in this section is used in 
conjunction with the product in which the furnace fan is integrated. 
Each piece of the apparatus shall conform to material and 
construction specifications and the reference standard cited. Test 
rooms containing equipment shall have suitable facilities for 
providing the utilities necessary for performance of the test and be 
able to maintain conditions within the limits specified.
    6.2. Downflow furnaces. Install the internal section of vent 
pipe the same size as the flue collar for connecting the flue collar 
to the top of the unit, if not supplied by the manufacturer. Do not 
insulate the internal vent pipe during steady-state test described 
in Section 9.1 of ASHRAE 103-2017. Do not insulate the internal vent 
pipe before the cool-down and heat-up tests described in Sections 
9.5 and 9.6, respectively, of ASHRAE 103-2017. If the vent pipe is 
surrounded by a metal jacket, do not insulate the metal jacket. 
Install a 5-ft test stack of the same cross sectional area or 
perimeter as the vent pipe above the top of the furnace. Tape or 
seal around the junction connecting the vent pipe and the 5-ft test 
stack. Insulate the 5-ft test stack with insulation having a minimum 
R-value of 7 and an outer layer of aluminum foil. (See Figure 3-E of 
ASHRAE 103-2017.)
    6.3. Modular Blowers. A modular blower shall be equipped with 
the electric heat resistance kit that is likely to have the largest 
volume of retail sales with that particular basic model of modular 
blower.
    6.4. Ducts and Plenums. Ducts and plenums shall be built to the 
geometrical specifications in Section 7 of ASHRAE 103-2017 and 
section 6.7 of this appendix. An apparatus for measuring external 
static pressure shall be integrated in the plenum and test duct as 
specified in Sections 6.4 of ASHRAE 37-2009 (RA 2019), excluding 
specifications regarding the minimum length of the ducting and 
minimum distance between the external static pressure taps and 
product inlet and outlet, and Section 6.5 of ASHRAE 37-2009 (RA 
2019). External static pressure measuring instruments shall be 
placed between the furnace openings and any restrictions or elbows 
in the test plenums or ducts. For all test configurations, external 
static pressure taps shall be placed 18 inches from the outlet.
    6.4.1. For tests conducted using a return air duct. Additional 
external static pressure taps shall be placed 12 inches from the 
product inlet. Pressure shall be directly measured as a differential 
pressure as depicted in Figure 8 of ASHRAE 37-2009 (RA 2019) rather 
than determined by separately measuring inlet and outlet static 
pressure and subtracting the results.
    6.4.2. For tests conducted without a return air duct. External 
static pressure shall be directly measured as the differential 
pressure between the outlet duct static pressure and the ambient 
static pressure as depicted in Figure 7a of ASHRAE 37-2009 (RA 
2019).
    6.5. Air Filters. Air filters shall be removed.
    6.6. Electrical Measurement. Only electrical input power to the 
furnace fan (and electric resistance heat kit for electric furnaces 
and modular blowers) shall be measured for the purposes of this 
appendix. Electrical input power to the furnace fan and electric 
resistance hate kit shall be sub-metered separately. Electrical 
input power to all other electricity-consuming components of the 
product in which the furnace fan is integrated shall not be included 
in the electrical input power measurements used in the FER 
calculation. If the procedures of this appendix are being conducted 
at the same time as another test that requires metering of 
components other than the furnace fan and electric resistance heat 
kit, the electrical input power to the furnace fan and electric 
resistance heat kit shall be sub-metered separately from one another 
and separately from other electrical input power measurements.
    6.7. Airflow Measuring Apparatus.
    6.7.1. Fabricate and operate an airflow measuring apparatus as 
specified in Sections 6.2 and 6.3 of ASHRAE 37-2009 (RA 2019). Place 
the static pressure taps and position the diffusion baffle (settling 
means) relative to the chamber inlet as indicated in Figure 12 of 
AMCA 210-07 and/or Figure 14 of ASHRAE 41.2-1987 (RA 1992). When 
measuring the static pressure difference across nozzles and/or 
velocity pressure at nozzle throats using electronic pressure 
transducers and a data acquisition system, if high frequency 
fluctuations cause measurement variations to exceed the test 
tolerance limits specified in Section 9.2 and Table 2 of ASHRAE 37-
2009 (RA 2019), dampen the measurement system such that the time 
constant associated with response to a step change in measurement 
(time for the response to change 63% of the way from the initial 
output to the final output) is no longer than five seconds.
    6.7.2. Connect the airflow measuring apparatus to the outlet 
duct of the unit at a distance of at least 0.5 x (A x B) \1/2\ 
(where A and B are the duct dimensions) downstream of the outlet 
pressure taps (specified in section 6.4 of this appendix).
    7. Test Conditions. The testing conditions shall be as specified 
in Section 8, not including Sections 8.5.2 and 8.6.1.1 of ASHRAE 
103-2017; and as specified in sections 7.1 and 7.2 of this appendix.
    7.1. Ambient Temperature and Humidity Conditions. During the 
time required to perform all tests, maintain the room temperature 
within <plus-minus>5 [deg]F (2.8 [deg]C) of the air temperature 
value measured at the end of the steady-state performance test 
(T<INF>RA</INF>). For condensing furnaces and boilers, maintain the 
relative humidity within <plus-minus>5% of the relative humidity 
measured at the end of the steady-state performance test. During all 
tests, the room temperature shall not fall below 65 [deg]F (18.3 
[deg]C) or exceed 85 [deg]F (29.4 [deg]C) and the relative humidity 
shall not fall below 20% or exceed 80%.
    7.2. Measurement of Jacket Surface Temperature (optional). The 
jacket of the furnace or boiler shall be subdivided into 6-inch 
squares when practical, and otherwise into 36-square-inch regions 
comprising 4 in. x 9 in. or 3 in. x 12 in. sections, and the surface 
temperature at the center of each square or section shall be 
determined with a surface thermocouple. The 36-square-inch areas 
shall be recorded in groups where the temperature differential of 
the 36-square-inch area is less than 10 [deg]F for temperature up to 
100 [deg]F above room temperature and less than 20 [deg]F for 
temperature more than 100 [deg]F above room temperature. For forced 
air central furnaces, the circulating air blower compartment is 
considered as part of the duct system and no surface temperature 
measurement of the blower compartment needs to be recorded for the 
purpose of this test. For downflow furnaces, measure all cabinet 
surface temperatures of the heat exchanger and combustion section, 
including the bottom around the outlet duct, and the burner door, 
using the 36 square-inch thermocouple grid. The cabinet surface 
temperatures around the blower section do not need to be measured 
(see Figure 3-E of ASHRAE 103-2017.)
    8. Test Procedure. Testing and measurements shall be as 
specified in Section 9 of ASHRAE 103-2017 except for Sections 
9.1.2.1, 9.3, 9.5.1.1, 9.5.1.2.1, 9.5.1.2.2, 9.5.2.1, and Section 
9.7.1; and as specified in sections 8.1 through 8.6 of this 
appendix.
    8.1. Direct Measurement of Off-Cycle Losses Testing Method. 
[Reserved]
    8.2. Measurement of Electrical Standby and Off Mode Power. 
[Reserved]
    8.3. Steady-State Conditions for Hot Flow Tests for Gas and Oil 
Furnaces. Steady-state conditions are indicated by an external 
static pressure within the range shown in Table 1 of this appendix 
and a temperature variation in three successive readings, taken 15 
minutes apart, of not more than any of the following:
    (a) 3 [deg]F in the stack gas temperature for furnaces equipped 
with draft diverters;
    (b) 5 [deg]F in the stack gas temperature for furnaces equipped 
with either draft hoods, direct exhaust, or direct vent systems; and
    (c) 1 [deg]F in the flue gas temperature for condensing 
furnaces.
    8.4. Steady-state Conditions for Hot Flow Tests for Electric 
Furnaces and Modular Blowers. Steady-state conditions are indicated 
by an external static pressure within the range shown in Table 1 of 
this appendix and a temperature variation of not more than 5 [deg]F 
in the outlet air temperature in four successive temperature 
readings taken 15 minutes apart.
    8.5. Steady-State Conditions for Cold Flow Tests. For tests 
during which the burner or

[[Page 29602]]

electric heating elements are turned off (i.e., cold flow tests), 
steady-state conditions are indicated by an external static pressure 
within the range shown in Table 1 of this appendix and a variation 
in the difference between outlet temperature and ambient temperature 
of not more than 3 [deg]F in three successive temperature readings 
taken 15 minutes apart.
    8.6. Fan Energy Rating (FER) Test.
    8.6.1. Initial FER test conditions and maximum airflow-control 
setting measurements. Measure the relative humidity (q) and dry bulb 
temperature (T<INF>db</INF>) of the test room.
    8.6.1.1. Furnace fans for which the maximum airflow-control 
setting is not a specified heating airflow-control setting. The main 
burner or electric heating elements shall be turned off. Adjust the 
external static pressure to within the range shown in table 1 of 
this appendix. Maintain these settings until steady-state conditions 
are attained as specified in section 8.3, 8.4, and 8.5 of this 
appendix. Measure furnace fan electrical input power 
(E<INF>Max</INF>), and airflow (Q<INF>Max</INF>).
    8.6.1.2. Furnace fans for which the maximum airflow-control 
setting is a specified heating airflow-control setting. Adjust the 
main burner or electric heating element controls to the default heat 
setting designated for the maximum airflow-control setting. Burner 
adjustments shall be made as specified by Section 8.4.1 of ASHRAE 
103-2017. Adjust the furnace fan controls to the maximum airflow-
control setting. Adjust the external static to within the range 
shown in table 1 of this appendix. Maintain these settings until 
steady-state conditions are attained as specified in section 8.3, 
8.4, and 8.5 of this appendix and the temperature rise 
([Delta]T<INF>Max</INF>) is at least 18 [deg]F. Measure furnace fan 
electrical input power (E<INF>Max</INF>) and airflow 
(Q<INF>Max</INF>).

    Table 1--Required Minimum External Static Pressure in the Maximum
              Airflow-Control Setting by Installation Type
------------------------------------------------------------------------
               Installation type                     ESP (in. wc.) *
------------------------------------------------------------------------
Units with an internal, factory-installed                      0.50-0.55
 evaporator coil...............................
Units designed to be paired with an evaporator                 0.65-0.70
 coil, but without one installed...............
Mobile home....................................                0.30-0.35
------------------------------------------------------------------------
* Once the specified ESP has been achieved, the same outlet duct
  restrictions shall be used for the remainder of the furnace fan test.
  If the unit under test is unable to complete the testing (i.e., the
  unit shuts down before completing a test), reduce the target ESP range
  by 0.05'' w.c. and restart the test. Repeat this process until the
  test can be completed.

    8.6.2. Constant circulation airflow-control setting 
measurements. The main burner or electric heating elements shall be 
turned off. The furnace fan controls shall be adjusted to the 
specified constant circulation airflow-control setting. If the 
manufacturer does not specify a constant circulation airflow-control 
setting in the installation and operations manual supplied with the 
unit, the lowest airflow-control setting shall be used. Maintain 
these settings until steady-state conditions are attained as 
specified in sections 8.3, 8.4, and 8.5 of this appendix.
    8.6.3. Heating airflow-control setting measurements. For single-
stage gas and oil furnaces, the burner shall be fired at the maximum 
heat input rate. For single-stage electric furnaces, the electric 
heating elements shall be energized at the maximum heat input rate. 
For multi-stage and modulating furnaces the reduced heat input rate 
settings shall be used. Burner adjustments shall be made as 
specified by Section 8.4.1 of ASHRAE 103-2017. After the burner is 
activated and adjusted or the electric heating elements are 
energized, the furnace fan controls shall be adjusted to operate the 
fan in the default heat airflow-control setting. 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. High heat and reduced heat shall be considered 
different functions for multi-stage heating units. Maintain these 
settings until steady-state conditions are attained as specified in 
section 8.3, 8.4, and 8.5 of this appendix and the temperature rise 
([Delta]T<INF>Heat</INF>) is at least 18 [deg]F. Measure furnace fan 
electrical input power (E<INF>Heat</INF>), airflow 
(Q<INF>Heat</INF>), external static pressure (ESP<INF>Heat</INF>), 
steady-state efficiency for this setting (Effy<INF>SS</INF>) as 
specified in Sections 11.2 and 11.3 of ASHRAE 103-2017, outlet air 
temperature (T<INF>Heat, Out</INF>) and temperature rise 
([Delta]T<INF>Heat</INF>).
    9. Nomenclature. Nomenclature shall include the nomenclature 
specified in Section 10 of ASHRAE 103-2017 and the following 
additional variables:

CCH = annual furnace fan constant-circulation hours
E<INF>Circ</INF> = furnace fan electrical consumption at the 
specified constant-circulation airflow-control setting (or minimum 
airflow-control setting operating point if a default constant-
circulation airflow-control setting is not specified), in watts
E<INF>Heat</INF> = furnace fan electrical consumption in the 
specified heat airflow-control setting for single-stage heating 
products or the specified low-heat setting for multi-stage heating 
products, in watts
E<INF>Max</INF> = furnace fan electrical consumption in the maximum 
airflow-control setting, in watts
FER = fan energy rating, in watts/1000 cfm
HH = annual furnace fan heating operating hours
HCR = heating capacity ratio (nameplate reduced heat input capacity 
divided by nameplate maximum input heat capacity)
MH = annual furnace fan maximum airflow hours
Q<INF>IN,,k</INF> = nameplate fuel energy input rate, in Btu/h, at 
specified operating conditions k, where k can be ``H'' for the 
maximum heat setting or ``R'' for the reduced heat setting.
Q<INF>Max</INF> = airflow at the maximum airflow-control setting, in 
cfm

    10. Calculation of derived results from test measurements for a 
single unit. Calculations shall be as specified in Section 11 of 
ASHRAE 103-2017, except for appendices B and C; and as specified in 
sections 10.1 through 10.10 and Figure 1 of this appendix.
    10.1. Fan Energy Rating (FER)
    [GRAPHIC] [TIFF OMITTED] TP13MY22.026
    
    The estimated national average operating hours presented in 
table 2 to this appendix shall be used to calculate FER.

[[Page 29603]]



                  Table 2--Estimated National Average Operating Hour Values for Calculating FER
----------------------------------------------------------------------------------------------------------------
                                                                                                  Multi-stage or
               Operating mode                              Variable                Single-stage     modulating
                                                                                      (hours)         (hours)
----------------------------------------------------------------------------------------------------------------
Heating.....................................  HH................................             830         830/HCR
Maximum Airflow.............................  MH................................             640             640
Constant Circulation........................  CCH...............................             400             400
----------------------------------------------------------------------------------------------------------------

Where:
[GRAPHIC] [TIFF OMITTED] TP13MY22.027

[FR Doc. 2022-09808 Filed 5-12-22; 8:45 am]
BILLING CODE 6450-01-P


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