This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

42297 

Vol. 87, No. 135 

Friday, July 15, 2022 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Rural Housing Service 

Rural Utilities Service 

7 CFR Part 5001 

[Docket No. RUS–19–Agency–0030] 

RIN 0572–AC56 

OneRD Guaranteed Loan Regulation, 

Corrections 

AGENCY: Rural Business-Cooperative 

Service, Rural Housing Service, and 

Rural Utilities Service, Department of 

Agriculture (USDA). 

ACTION: Final rule; technical correction. 

SUMMARY: On December 10, 2021, Rural 

Development’s Rural BusinessCooperative Service, Rural Housing 

Service, and Rural Utilities Service 

(referred to as ‘‘the Agency’’ or 

‘‘Agency’’) published a final rule with 

comment for the OneRD Guaranteed 

Loan regulation (OneRD). The final rule 

made necessary revisions to the policy 

and procedures that strengthened the 

oversight and management of the 

growing Community Facilities, Water 

and Waste Disposal, Business and 

Industry, and Rural Energy for America 

guarantee portfolios. Following final 

implementation of the rule, the Agency 

found that a correction due to an 

omission is necessary. This technical 

correction makes an amendment to fix 

a paragraph reference. 

DATES: Effective July 15, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this document contact 

Susan Woolard, Special Projects 

Coordinator, Rural Development 

Innovation Center, U.S. Department of 

Agriculture, 1400 Independence Ave. 

SW, Stop 1522, Washington, DC 20250; 

telephone, 202–720–9631; email, 

susan.woolard@usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Agency is issuing a technical correction 

to the final rule that published 

December 10, 2021, at 86 FR70349 that 

amended 7 CFR part 5001. This 

correction amends § 5001.126 by 

updating the cross-references within 

paragraph (e) to reflect the changes to 

this paragraph the Agency made in the 

December 2021 rule. 

List of Subjects in 7 CFR Part 5001 

Business and industry, Community 

facility, Energy efficiency improvement, 

Loan programs, Renewable energy, 

Rural areas, Rural development, Water 

and waste disposal. 

For the reasons stated in the 

preamble, the Agency corrects 7 CFR 

part 5001 with the following technical 

amendment: 

■ 1. The authority citation for part 5001 

continues to read as follows: 

Authority: 5 U.S.C. 301; 7 U.S.C. 1926(a); 

7 U.S.C. 1932(a); and 7 U.S.C. 8107. 

■ 2. Amend § 5001.126 by revising 

paragraph (e) introductory text to read 

as follows: 

§ 5001.126 Borrower Eligibility. 

* * * * * 

(e) REAP loan guarantees. To be 

eligible for a loan guarantee under 

REAP, a borrower must meet the 

requirements specified in paragraphs 

(e)(1) through (5) of this section. 

* * * * * 

Justin Maxson, 

Deputy Under Secretary, Rural Development. 

[FR Doc. 2022–15105 Filed 7–14–22; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–DET–0022] 

RIN 1904–AF25 

Energy Conservation Program: Final 

Determination of Air Cleaners as a 

Covered Consumer Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; final determination. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) has determined that air 

cleaners qualify as a covered product 

under Part A of Title III of the Energy 

Policy and Conservation Act, as 

amended (‘‘EPCA’’). DOE has 

determined that classifying air cleaners 

as covered products is necessary or 

appropriate to carry out the purposes of 

EPCA, and that the average U.S. 

household energy use for air cleaners is 

likely to exceed 100 kilowatt-hours per 

year. 

DATES: This final determination is 

effective September 13, 2022. 

ADDRESSES: The docket for this 

rulemaking, which includes Federal 

Register notices, comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2021-BT-DET-0022. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Stephanie Johnson, 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) 287– 

1943. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Amelia Whiting, U.S. Department 

of Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2588. Email: 

Amelia.Whiting@hq.doe.gov. 


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1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020), which 

reflect the last statutory amendments that impact 

Parts A and A–1 of EPCA. 

2For editorial reasons, upon codification in the 

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

3The enumerated list of covered products is at 42 

U.S.C. 6292(a)(1)–(19). 

4 DOE has defined ‘‘household’’ to mean an entity 

consisting of either an individual, a family, or a 

group of unrelated individuals, who reside in a 

particular housing unit. For the purpose of this 

definition: Group quarters means living quarters 

that are occupied by an institutional group of 10 or 

more unrelated persons, such as a nursing home, 

military barracks, halfway house, college dormitory, 

fraternity or sorority house, convent, shelter, jail or 

correctional institution. Housing unit means a 

house, an apartment, a group of rooms, or a single 

room occupied as separate living quarters, but does 

not include group quarters. Separate living quarters 

means living quarters: to which the occupants have 

access either: directly from outside of the building, 

or through a common hall that is accessible to other 

living quarters and that does not go through 

someone else’s living quarters, and occupied by one 

or more persons who live and eat separately from 

occupant(s) of other living quarters, if any, in the 

same building. 10 CFR 430.2. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. General Discussion 

A. Scope of Coverage 

B. Evaluation of Air Cleaners as a Covered 

Product Subject to Energy Conservation 

Standards 

1. Coverage Necessary or Appropriate To 

Carry Out Purposes of EPCA 

2. Average Household Energy Use 

IV. Final Determination 

V. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

and 13563 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

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 of 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act of 2001 

K. Review Under Executive Order 13211 

L. Information Quality 

M. Congressional Notification 

VI. Approval of the Office of the Secretary 

I. Statutory Authority 

EPCA 1 authorizes DOE to regulate the 

energy efficiency of a number of 

consumer products and certain 

industrial equipment. (42 U.S.C. 6291– 

6317) Title III, Part B2 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 for certain 

consumer products, referred to generally 

as ‘‘covered products.’’ 3 In addition to 

specifying a list of consumer products 

that are covered products, EPCA 

contains provisions that enable the 

Secretary of Energy to classify 

additional types of consumer products 

as covered products. For a given 

consumer product to be classified as a 

covered product, the Secretary must 

determine that: classifying the product 

as a covered product is necessary or 

appropriate to carry out the purposes of 

this chapter; and the average annual 

per-household energy use by products 

of such type is likely to exceed 100 

kilowatt-hours (‘‘kWh’’) (or its British 

thermal unit (‘‘Btu’’) equivalent) per 

year. (42 U.S.C. 6292(b)(1)) 4

When considering covering additional 

consumer product types, DOE must first 

determine whether these criteria from 

42 U.S.C. 6292(b)(1) are met. Once a 

determination is made, the Secretary 

may prescribe test procedures to 

measure the energy efficiency or energy 

use of such product. (42 U.S.C. 6293(a)) 

Furthermore, once a product is 

determined to be a covered product, the 

Secretary may establish standards for 

such product, subject to the provisions 

in 42 U.S.C. 6295(o) and (p), provided 

that DOE determines that the additional 

criteria at 42 U.S.C. 6295(l) have been 

met. Specifically, 42 U.S.C. 6295(l) 

requires the Secretary to determine that: 

the average household energy use of the 

products has exceeded 150 kWh per 

household for a 12-month period; the 

aggregate 12-month energy use of the 

products has exceeded 4,200 gigawatthours; substantial improvement in 

energy efficiency of products of such 

type is technologically feasible; and 

application of a labeling rule under 42 

U.S.C. 6294 is unlikely to be sufficient 

to induce manufacturers to produce, 

and consumers and other persons to 

purchase, covered products of such type 

(or class) that achieve the maximum 

energy efficiency that is technologically 

feasible and economically justified. (42 

U.S.C. 6295(l)(1)) 

II. Current Rulemaking Process 

DOE has not previously conducted a 

rulemaking for air cleaners. DOE 

published in the Federal Register a 

notification of proposed determination 

of coverage (‘‘NOPD’’) on September 16, 

2021 (‘‘September 2021 NOPD’’), in 

which it determined tentatively that air 

cleaners satisfy the provisions of 42 

U.S.C. 6292(b)(1). 86 FR 51629. 

DOE received comments in response 

to the September 2021 NOPD from the 

interested parties listed in Table II.1. 

TABLE II—1 WRITTEN COMMENTS RECEIVED IN RESPONSE TO SEPTEMBER 2021 NOPD 

Commenter(s) Abbreviation Docket No. Commenter type 

Air-Conditioning, Heating, and Refrigeration Institute (‘‘AHRI’’) ... AHRI .................................... 9 Trade Association. 

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

American Council for an Energy-Efficient Economy 

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

the Natural Resources Defense Council (‘‘NRDC’’).

ASAP et al ........................... 7 Efficiency Organizations. 

The Association of Home Appliance Manufacturers (‘‘AHAM’’) .... AHAM ................................... 13 Trade Association. 

ACEEE, ASAP, AHAM, CFA, and NRDC ..................................... Joint Commenters ................ 12 Efficiency Organizations and 

Trade Association. 

Carrier Corporation ........................................................................ Carrier .................................. 6 Manufacturer. 

Corn ............................................................................................... Corn ..................................... 4 Individual. 

Daikin U.S. Corporation ................................................................. Daikin ................................... 10 Manufacturer. 

Brassell Estate ............................................................................... Brassell Estate ..................... 3 Individual. 

Kodiak Steel Homes ...................................................................... KSH ...................................... 2 Builder. 

New York State Energy Research and Development Authority ... NYSERDA ............................ 5 State Agency. 

Northwest Energy Efficiency Alliance ............................................ NEEA ................................... 11 Efficiency Organization. 

Pacific Gas and Electric Company, San Diego Gas and Electric, 

and Southern California Edison; collectively, the California Investor-Owned Utilities.

CA IOUs ............................... 8 Utility. 


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5The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking to determine coverage for air cleaners. 

(Docket No. EERE–2021–BT–DET–0022, which is 

maintained at www.regulations.gov). The references 

are arranged as follows: (commenter name, 

comment docket ID number, page of that 

document). When referring to comments received 

on another docket, the docket number is included 

prior to the commenter’s name. 

6 In response to requests from stakeholders, DOE 

re-opened the comment period to the January 2022 

RFI for an additional 40 days. 87 FR 11326 (Mar. 

1, 2022). 

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.5

After considering public comments on 

the September 2021 NOPD, DOE is 

issuing this final determination of 

coverage for this product. DOE is not 

prescribing test procedures or energy 

conservation standards as part of this 

determination. 

After publishing the September 2021 

NOPD, DOE initiated rulemaking 

activities to consider potential test 

procedure and energy conservation 

standards for consumer air cleaners by 

publishing a request for information 

(‘‘RFI’’) on January 25, 2022 (‘‘January 

2022 RFI’’). 87 FR 3207.6 Through the 

January 2022 RFI, DOE sought data and 

information regarding development and 

evaluation of a new test procedure that 

would be reasonably designed to 

produce test results, which reflect 

energy use during a representative 

average use cycle for the product 

without being unduly burdensome to 

conduct. Additionally, the January 2022 

RFI solicited information regarding the 

development and evaluation of potential 

new energy conservation standards for 

air cleaners, and whether such 

standards would result in significant 

energy savings, be technologically 

feasible and economically justified. 

In response to the January 2022 RFI, 

DOE received certain comments 

pertaining to the scope of coverage and 

definition for air cleaners, which are 

discussed in the following sections. All 

other comments in response to the 

January 2022 RFI pertaining to the test 

procedure or standards rulemaking will 

be addressed in the subsequent 

rulemakings, should DOE pursue such 

rulemakings. 

III. General Discussion 

Air cleaners are consumer products 

designed to remove particulate matter 

and other contaminants from the air to 

improve indoor air quality. DOE’s 

analysis indicates that air cleaners meet 

the statutory requirements under 42 

U.S.C. 6292(b)(1), and therefore issues 

this final determination that air cleaners 

are a covered product. DOE will 

consider test procedure and energy 

conservation standards rulemakings for 

air cleaners in the future. DOE will 

determine if air cleaners satisfy the 

provisions of 42 U.S.C. 6295(l)(1) during 

the course of the energy conservation 

standards rulemaking. 

While DOE received comments on 

specific topics in response to the 

September 2021 NOPD, discussed in 

sections III.A and III.B of this document, 

commenters also provided general 

feedback on the proposed determination 

of coverage for air cleaners. 

The Joint Commenters supported 

DOE’s proposal to include room air 

cleaners as a covered product and stated 

that they are negotiating potential test 

procedures and energy conservation 

standards for air cleaners. (Joint 

Commenters, No. 12 at p. 1) In 

additional comments filed separately, 

AHAM supported DOE’s efforts to 

establish air cleaners as a covered 

product. (AHAM, No. 13 at p. 1) AHAM 

also commented that it is working on an 

updated standard to measure energy 

consumption for room air cleaners, 

AHAM AC–7–2021 and requested DOE 

to incorporate this standard by 

reference, once it is published, as the 

DOE test procedure. (AHAM, No. 13 at 

pp. 1–2) 

The CA IOUs also supported DOE’s 

proposal to make air cleaners a covered 

consumer product. (CA IOUs, No. 8 at 

p. 1) The CA IOUs cited the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) and various State Technical 

Reference Manuals in commenting that 

the estimated lifetime of air cleaners is 

9 years, and therefore, urged DOE to 

regulate air cleaners as soon as possible. 

(CA IOUs, No. 8 at p. 2) The CA IOUs 

encouraged DOE to work towards 

ensuring that air cleaners are not only 

efficient, but also meet consumer 

expectations for effectiveness, and that 

the information provided to consumers 

is clear. (CA IOUs, No. 8 at p. 5) 

NYSERDA estimated that a potential 

standard for air cleaners would yield 

0.19 million metric tons of carbon 

dioxide emissions reductions and result 

in $290 million of net present value for 

the state of New York. Given the 

significant emissions reductions, net 

present value, anticipated continued 

growth in sales, and important health 

benefits delivered by air cleaners, 

NYSERDA supported the coverage of air 

cleaners and encouraged DOE to move 

quickly to establish standards and test 

procedures. NYSERDA further indicated 

that there are many high efficiency, lowpriced air cleaners on the market, which 

would make air cleaners a strong 

candidate for DOE standards. NYSERDA 

commented that other states have 

started establishing standards for air 

cleaners and a federal standard, 

established by DOE, is thus important. 

(NYSERDA, No. 5 at pp. 2–3) 

AHRI commented that DOE should 

account for potential conflicts that 

could be caused by multiple regulations, 

and enumerated the various 

performance-based requirements and 

state regulations applicable to air filters 

that remove particulates from the air 

stream in ducted forced-air heating or 

cooling systems in residential and 

commercial buildings. According to 

AHRI, energy efficiency is important, 

but the main purpose of air cleaners it 

to provide clean air, which should be 

the primary focus for product design. 

(AHRI, No. 9 at pp. 1–3) Carrier 

generally supported the initiative to 

establish air cleaners as a covered 

product, but stated that the proposed 

definition and scope of coverage is 

broad and would include air cleaners 

that may not meet EPCA requirements. 

(Carrier, No. 6 at p. 1) 

Corn and the Brassell Estate 

supported the air cleaners coverage 

determination with Corn stating that 

they are vital especially given Covid-19. 

(Corn, No. 4 at p. 1; Brassell Estate, No. 

3 at p. 1) 

DOE notes that many stakeholders 

commented in support of DOE’s efforts 

to establish air cleaners as a covered 

consumer product. In this notice, DOE 

is classifying air cleaners as a covered 

product. 

A. Scope of Coverage 

Air cleaners are products designed to 

remove particulate matter and other 

contaminants from the air to improve 

indoor air quality. A wide range of 

consumer air cleaner products are 

available on the market, including 

tabletop units, units designed for single 

rooms or multiple rooms, and wholehome units integrated into a central 

heating and cooling system. Air cleaners 

employ a wide variety of technologies to 

achieve the primary function of 

removing particulate matter and other 

contaminants from the air, and may also 

include other secondary functions that 

supplement or enhance the primary 

function such as providing air 

circulation, humidification or 

dehumidification, and other forms of 

indoor air quality improvement. 

EPCA does not define air cleaners. In 

the September 2021 NOPD, DOE 

proposed the following definition to 

describe the scope of ‘‘air cleaners’’ as 

a covered product: 

An air cleaner is a consumer product 

that: 


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(1) Is a self-contained, mechanically 

encased assembly; 

(2) Is powered by single-phase electric 

current; 

(3) Removes, destroys, or deactivates 

particulates and microorganisms from the air; 

(4) Excludes products that destroy or 

deactivate particulates and microorganisms 

solely by means of ultraviolet light without 

a fan for air circulation; and 

(5) Excludes central air conditioners, room 

air conditioners, portable air conditioners, 

dehumidifiers, and furnaces as defined in 10 

CFR 430.2. 86 FR 51629, 51632. 

DOE developed the definition 

proposed in the September 2021 NOPD 

based on reviewing definitions specified 

in the industry standard ANSI/AHAM 

AC–1–2020, Portable Household 

Electric Room Air Cleaners (‘‘ANSI/ 

AHAM AC–1–2020’’), the definitions on 

the ENERGY STAR website and the 

ENERGY STAR Product Specification 

for Room Air Cleaners, Version 2.0, Rev. 

April—2021 (‘‘ENERGY STAR V. 2.0 

Specification’’), and a wide variety of air 

cleaning consumer products currently 

on the market. 86 FR 51629, 51632. 

In response to the September 2021 

NOPD, the Joint Commenters stated that 

they generally agreed with DOE’s 

proposed definition and provided some 

suggested revisions. Specifically, the 

Joint Commenters suggested the second 

criterion in the proposed definition to 

be clarified to state that it is a unit that 

includes ‘‘an electric cord’’ to 

differentiate from whole-home units. 

With regard to the third criterion, the 

Joint Commenters suggested edits to 

note that an air cleaner may also remove 

pollutants such as volatile organic 

compounds (‘‘VOCs’’) and/or 

microorganisms from the air, in addition 

to particulates, to include all types of air 

cleaner functionality. With regard to the 

fourth criterion, the Joint Commenters 

suggested replacing ‘‘destroy or 

deactivate particulates and 

microorganisms’’ with ‘‘operate’’ to 

remove language that commenters stated 

was not necessary to repeat. (Joint 

Commenters, No. 12 at p. 2) 

In response to the January 2022 RFI, 

the Joint Commenters further 

commented on DOE’s proposed 

definition. The Joint Commenters 

suggested a definition of ‘‘consumer 

room air cleaner’’ as follows: Consumer 

room air cleaner means a consumer 

product which (1) includes 

conventional room air cleaners and 

miscellaneous room air cleaners; (2) is 

a self-contained, mechanically encased 

assembly; (3) is powered by singlephase electric current; and (4) excludes 

central air conditioners, room air 

conditioners, portable air conditioners, 

dehumidifiers, and furnaces, as defined 

in 10 CFR 430.2. (EERE–2021–BT–STD– 

0035, Joint Commenters, No. 8 at p. 2) 

The Joint Commenters further suggested 

definitions for the terms ‘‘conventional 

room air cleaner’’ and ‘‘miscellaneous 

room air cleaner’’ as follows: 

Conventional room air cleaner means a 

consumer room air cleaner that (1) is an 

electric corded unit; (2) operates with a 

fan for air circulation; and (3) removes, 

destroys, and/or deactivates particulates 

and may also remove pollutants, such as 

VOCs and microorganisms, from the air. 

Miscellaneous room air cleaner means a 

consumer room air cleaner that (1) 

operates without a fan for air 

circulation; and (2) removes, destroys, 

and/or deactivates particulates and may 

also remove pollutants, such as VOCs 

and microorganisms, from the air. (Id.) 

The Joint Commenters stated that their 

recommended definition is restricted to 

consumer room air cleaners because that 

corresponds to the scope of products 

subject to their ongoing negotiations. 

(Id.) In particular, the Joint Commenters 

suggested clarifying that ‘‘conventional 

room air cleaners’’ have electric cords, 

which would differentiate portable air 

cleaners from whole-home units. (Id.) 

The Joint Commenters further stated 

that they no longer agree with DOE’s 

proposal to exclude from coverage 

products that use only an ultraviolet 

(‘‘UV’’) light and do not have a fan for 

air circulation, stating that these 

products are already beginning to 

appear on the market and are being 

marketed as room air cleaners. (Id. at p. 

3) The Joint Commenters stated that 

products that use UV light for air 

cleaning purposes should be addressed 

as air cleaners, not illumination devices, 

and that it is important for them to be 

included in the scope of coverage such 

that a test procedure and standards can 

be developed at some point. (Id.) 

Additionally, the Joint Commenters 

stated that they no longer recommend 

that DOE include the requirement for a 

cord for all air cleaners because they 

expect that future products might be 

powered via a terminal box, socket, or 

other type of direct connection. (Id.) The 

Joint Commenters stated that such 

possible products would include UV 

bulbs represented to be air cleaners, but 

may not be connected via a cord. (Id.) 

Daikin suggested the following 

additions to the air cleaners definition: 

specifying that the air cleaner be 

powered directly from 120V supplied by 

a plug; has a maximum airflow rate of 

400 cubic feet per minute (‘‘CFM’’); is 

marketed for residential use with the 

primary function of removing, 

destroying, or deactivating particulates 

and microorganisms from the air; and 

excludes products without a fan, 

products that provide incidental air 

cleaning, products powered by external 

transformers, or ancillary products used 

in conjunction with, or inside ducts of, 

heating, ventilation, and air 

conditioning (‘‘HVAC’’) equipment. 

(Daikin, No. 10 at pp. 2–3) Carrier 

provided similar suggestions including: 

specifying the air cleaner must be rated 

at 120V; designed to supply nominal 

airflow rate less than or equal to 400 

CFM; and marketed for the primary 

functions of removing, destroying, or 

deactivating particulates and 

microorganisms from the air in a 

residential occupancy. (Carrier, No. 6 at 

p. 2) Daikin additionally commented 

that since clean air delivery rate 

(‘‘CADR’’), which is the metric that is 

calculated in ANSI/AHAM AC–1–2020, 

is a performance metric that is 

determined via testing, the scope should 

be defined based on the nominal airflow 

rate of the unit. Daikin commented that 

air cleaners in a residential space with 

existing HVAC equipment would rarely 

require high CFM. According to Daikin, 

air cleaners with airflow rates of 400 

CFM and above would be considered 

excessive and unnecessary for 

residential spaces. (Daikin, No. 10 at p. 

2) Similarly, Carrier also commented 

that it did not support including large 

portable air cleaners with nominal 

airflow rates higher than 400 CFM 

typically used in commercial 

applications, since these would not 

meet the airflow limits of ANSI/AHAM 

AC–1–2020. (Carrier, No. 6 at p. 2) 

Carrier commented that it would be 

reasonable to include air cleaners that 

are currently within the scope of ANSI/ 

AHAM AC–1–2020 and the ENERGY 

STAR V. 2.0 Specification (i.e., those 

with airflow rates equal to or less than 

400 CFM) in the definition of a covered 

air cleaner, but asserted that including 

any other air cleaner products within 

the scope would not meet the 

requirements of 42 U.S.C. 6292(b)(1)(B) 

and therefore it would not be 

appropriate to include such products in 

the air cleaner scope of coverage. 

(Carrier, No. 6 at p. 3) 

In a comment in response to the 

January 2022 RFI, Daikin reiterated its 

concerns about products that may be 

included within DOE’s proposed 

definition, and urged DOE to review its 

recommendations in Daikin’s September 

2021 NOPD comments. (Daikin, EERE– 

2021–BT–STD–0035, No. 12 at p. 2) 

AHRI suggested several revisions to 

the definitions DOE proposed in the 

September 2021 NOPD and reiterated 

these comments in response to the 

January 2022 RFI. Specifically, AHRI 

suggested revising the second criterion 

in DOE’s proposed definition to state 

that an air cleaner is directly powered 


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by 120 volt (‘‘V’’), single-phase electric 

current supplied by a National Electrical 

Manufacturers Association (‘‘NEMA’’) 

1–15P or 5–15P plug. AHRI additionally 

recommended including the following 

items in DOE’s proposed definition of 

an air cleaner: is designed to supply 

airflow less than or equal to 400 CFM; 

is marketed for the primary functions of 

removing, destroying, or deactivating 

particulates and microorganisms from 

the air in a residential occupancy; 

excludes products that destroy or 

deactivate particulates and 

microorganisms solely by means of UV 

light or electrostatic air filters with or 

without a fan for air circulation; 

excludes products without a fan; and, 

excludes incidental air cleaning 

products, which AHRI defined as a 

consumer product that would meet the 

definition of an air cleaner, but which 

provides an additional function, not 

related to air purification, within the 

same housing, such as a vacuum 

cleaner, fresh air ventilators, oven hood, 

refrigerator, or desiccant dehumidifier, 

and whose air purification function is 

incidental to its other functions. (AHRI, 

No. 9 at pp. 4–5; EERE–2021–BT–STD– 

0035, AHRI, No. 15 at p. 5) In response 

to the January 2022 RFI, Madison Indoor 

Air Quality (‘‘MIAQ’’) provided the 

same suggested modifications to the 

proposed definitions in the September 

2021 NOPD as suggested by AHRI in its 

comments. (EERE–2021–BT–STD–0035, 

MIAQ, No. 5 at pp. 4–5) AHRI and 

MIAQ asserted that the modifications it 

provided to the air cleaners definition 

would ensure that the scope of coverage 

only included portable, plug-in air 

cleaners. AHRI commented that limiting 

the voltage to ‘‘directly powered by 

120V’’ would ensure that products 

powered by single-phase 240V electrical 

supply or through an external 

transformer would be excluded. AHRI 

further commented that combination 

products, as defined in the ENERGY 

STAR V. 2.0 Specification, and defined 

as incidental products in AHRI’s 

comments, should also be excluded. 

(AHRI, No. 9 at pp. 5–6; EERE–2021– 

BT–STD–0035, AHRI, No. 15 at pp. 5– 

6; EERE–2021–BT–STD–0035, MIAQ, 

No. 5 at pp. 4–5) 

AHRI commented that the DOE 

proposed definition would include 

products that are not presently included 

in ANSI/AHAM AC–1–2020 or covered 

by the ENERGY STAR V. 2.0 

Specification. AHRI commented that the 

definition it suggested would ensure 

non-portable air cleaners, such as those 

that are mounted on walls and ceilings, 

or that provide whole-home cleaning in 

conjunction with central heating or air 

conditioning systems, would not be 

included in the scope of coverage. 

Further, AHRI explained that justifying 

a scope expansion would require robust 

analysis that would involve significant 

time and resources. (AHRI, No. 9 at p. 

4; EERE–2021–BT–STD–0035, AHRI, 

No. 15 at pp. 3–4) AHRI further 

commented that products with airflow 

rates over 400 CFM should be excluded 

from the scope of coverage because they 

are not currently covered by the 

ENERGY STAR V. 2.0 Specification or 

ANSI/AHAM AC–1–2020 and cannot be 

tested according to the ANSI/AHAM 

AC–1–2020 standard. (AHRI, No. 9 at p. 

4; EERE–2021–BT–STD–0035, AHRI, 

No. 15 at p. 4) 

In response to the January 2022 RFI, 

MIAQ provided similar suggestions as 

AHRI for products that should be 

excluded from the air cleaner scope of 

coverage. MIAQ disagreed with the 

inclusion of non-portable air cleaners, 

such as those mounted on walls and 

ceilings, or that provide whole-home air 

cleaning in conjunction with central 

heating or air conditioning systems. 

(EERE–2021–BT STD–0035, MIAQ, No. 

5 at p. 3) Further, MIAQ commented 

that the ANSI/AHAM AC–1–2020 

standard does not adequately cover nonportable products, and products with 

airflow rates over 450 CFM are not 

covered by the ENERGY STAR Program. 

(EERE–2021–BT STD–0035, MIAQ, No. 

5 at p. 3) 

In response to the January 2022 RFI, 

Synexis LLC (‘‘Synexis’’) commented 

that the proposed DOE definition for 

consumer air cleaners does not account 

for all of the various technologies that 

exist in this space and could benefit 

from further clarification. (EERE–2021– 

BT–STD–0035, Synexis, No. 14 at p. 1) 

Synexis agreed with the first and second 

criteria in the proposed definition, but 

stated that the third and fourth criteria 

could be further clarified by providing 

specific information about air cleaning 

mechanisms and claims associated with 

these devices (e.g., devices that utilize 

high efficiency particulate air (‘‘HEPA’’), 

charcoal, carbon, or minimum efficiency 

reporting value (‘‘MERV’’) filters or 

devices that utilize photocatalytic 

oxidation (‘‘PCO’’), bipolar ionization, 

or other similar technologies, etc.) that 

would be in scope. Regarding the fifth 

criterion, Synexis stated that portable 

air conditioners that incorporate 

filtration mechanisms with any 

supplemental claims related to cleaning 

the air (i.e., in addition to cooling) 

should not be excluded from the 

definition of consumer air cleaners. 

(EERE–2021–BT–STD–0035, Synexis, 

No. 14 at pp. 1–2) 

Blueair commented in response to the 

January 2022 RFI that it supports the 

definition proposed in the September 

2021 NOPD (EERE–2021–BT–STD– 

0035, Blueair, No. 10 at p. 2) Lennox 

International Inc. (‘‘Lennox’’) also 

commented in response to the January 

2022 RFI supporting the exclusion of 

UV lights from the definition, 

commenting that these products are 

already subject to ‘‘lamp’’ regulations. 

(EERE–2021–BT–STD–0035, Lennox, 

No. 7 at p. 2) 

In response to the January 2022 RFI, 

NEEA commented that it supports 

DOE’s proposal to use a broad definition 

for room air cleaners that includes both 

portable and mounted units, but that it 

also supports excluding other products 

that fit into alternate DOE product 

categories, namely those that are 

classified as ‘‘lamps primarily designed 

to produce radiation in the ultraviolet 

region of the spectrum.’’ (NEEA, EERE– 

2021–BT–STD–0035, No. 13 at p. 3) The 

CA IOUs recommended that DOE 

change the third criterion to state 

‘‘removes, destroys, and/or deactivates 

particulates, microorganisms, and/or 

pollutants from the air’’ to encompass 

technologies that do a combination of 

these actions. The CA IOUs also 

suggested that the fourth criterion 

should be edited such that it is as 

comprehensive as the third criterion. 

(CA IOUs, No. 8 at p. 3) The CA IOUs 

commented that the definition of air 

cleaners should encompass all air 

cleaner technologies, including UV 

light, heat, PCO, and 

photoelectrochemical oxidation 

(‘‘PECO’’), beyond the fan, filters, 

electrostatic plates, and ion generators 

that are referenced in ANSI/AHAM AC– 

1–2020. (CA IOUs, No. 8 at p. 3) 

In response to the January 2022 RFI, 

the CA IOUs reiterated its support for 

DOE’s proposal in the September 2021 

NOPD to cover a more comprehensive 

range of the consumer market for air 

cleaning and purification, rather than 

just portable air cleaners. The CA IOUs 

recommended that mounted and wholehome/in-duct units as well as UV lamps 

marketed as air cleaners be within the 

scope of coverage. (EERE–2021–BT– 

STD–0035, CA IOUs, No. 9 at pp. 9–10) 

Regarding the clause ‘‘single-phase 

electric current’’ in DOE’s proposed 

definition in the September 2021 NOPD 

DOE notes that this phrase was intended 

to include air cleaners that operate at 

both 120V and 240V. DOE has identified 

products that are designed to operate via 

both 120V and 240V supply power, but 

otherwise meet the criteria of the 

proposed definition of ‘‘air cleaner.’’ To 

remove any potential misunderstanding 

that the definition of ‘‘air cleaner’’ is 


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7AprilAire Electronic Air Purifier—Model 5000 

is an example of such a whole-home air purifier. 

https://www.aprilaire.com/whole-house-products/ 

air-purifiers/model-5000. 

limited to products that are powered via 

120V supply power, in this final 

determination, DOE is adopting a 

definition that specifies, in part, that air 

cleaners are units that are ‘‘electrically 

powered’’ so as not to limit the 

definition to any particular electrical 

power source. 

Similarly, DOE is not limiting the 

scope of coverage to a plug-in or corded 

unit. In-duct/whole-home air cleaners 

are of a type that are distributed in 

commerce for residential use, but may 

not be ‘‘plug-in’’ or ‘‘corded.’’ 

Additionally, as the Joint Commenters 

noted in their comments in response to 

the January 2022 RFI, products could be 

powered via other types of direct 

connections that are not plug-in or 

corded. (EERE–2021–BT–STD–0035, 

Joint Commenters, No. 8 at p. 3) As 

discussed in the September 2021 NOPD, 

ANSI/AHAM AC–1–2020 includes air 

cleaners that include appropriate wall 

mounting brackets or specifically 

designated instructions to mount the air 

cleaner integrally to the wall, i.e., ‘‘nonportable’’ air cleaners. 86 FR 51629, 

51632. DOE recognizes that while these 

products may require additional 

considerations pertaining to the 

installation instructions as ‘‘portable’’ 

air cleaners, such air cleaners may not 

be ‘‘plug-in’’ or ‘‘corded,’’ but may be of 

a type distributed into commerce for 

personal use. 

Further, based on an analysis of 

products available on the market, DOE 

notes that the pollutants that may be 

removed by air cleaners are not limited 

to particulate matter and 

microorganisms. Accordingly, DOE is 

proposing to include VOCs in the list of 

pollutants. DOE is additionally 

clarifying that any air cleaner that 

contains means to remove, destroy, or 

deactivate pollutants would be 

considered an air cleaner. DOE is 

revising the definition proposed in the 

September 2021 NOPD to state that an 

air cleaner ‘‘contains means to remove, 

destroy, or deactivate particulates, 

VOCs, and/or microorganisms from the 

air.’’ 

Additionally, DOE is not limiting the 

definition based on an airflow threshold 

(e.g., less than or equal to 400 CFM). Induct/whole-home air cleaners have a 

range of airflow specifications and such 

specifications may not adequately 

distinguish between air cleaners and air 

cleaning products that are commercial 

and industrial equipment.7 Similarly, 

DOE is not including additional 

information about the types of filters or 

technologies utilized by air cleaners, 

since the definition specified in this 

notice is based on the functionality 

provided by the unit and would include 

all types of filters and technology types. 

Regarding products that operate only 

on UV light (e.g., without a fan for air 

circulation), as discussed in the 

September 2021 NOPD, the energyconsuming component of such products 

would be a fluorescent lamp or lightemitting diode that emits light in the UV 

portion of the electromagnetic spectrum. 

86 FR 51629, 51632. Accordingly, DOE 

would classify these products as a type 

of lamp under EPCA (See the definition 

of ‘‘lamps primarily designed to 

produce radiation in the ultraviolet 

region of the spectrum’’ and ‘‘lightemitting diode or LED’’ in 10 CFR 

430.2). Id. DOE did not receive any 

comments regarding how such products 

would be distinguished from the 

currently applicable definitions. 

Regarding products that provide 

functionality in addition to air 

purification within the same housing, 

DOE proposed to exclude certain 

products that provide air cleaning 

functionality in addition to other 

functionality, such as central air 

conditioners, room air conditioners, 

portable air conditioners, dehumidifiers, 

and furnaces, in the September 2021 

NOPD. Id. DOE is retaining these 

exclusions in the adopted definition of 

‘‘air cleaner.’’ DOE is also modifying the 

definition as proposed to explicitly 

provide that ‘‘air cleaners’’ means a 

product for improving indoor air quality 

to clarify that the term does not include 

products that may provide some air 

cleaning as an ancillary function (e.g., a 

vacuum cleaner). 

In response to the January 2022 RFI, 

Lennox supported the exclusion of air 

cleaners associated with central air 

conditioning and furnace systems from 

the scope of a DOE consumer air cleaner 

efficiency standard, asserting that those 

products are already covered by DOE 

standards. Additionally, Lennox 

commented that the ANSI/AHAM AC– 

1–2020 standard and ENERGY STAR V. 

2.0 Specification are only applicable to 

portable units, so air cleaners associated 

with central air conditioning and 

furnace systems would not be 

appropriate for this rulemaking. (EERE– 

2021–BT–STD–0035, Lennox, No. 7 at 

pp. 1–2) AHRI also commented that 

there are no test procedures to measure 

the energy use of in-duct air cleaners 

with only air cleaning components 

without a fan and as such, these 

products should be excluded from the 

coverage determination. AHRI further 

stated that energy conservation 

standards for portable and non-portable 

air cleaners, or ‘‘incidental air cleaners’’ 

(as defined by AHRI), would be different 

and it would not be appropriate to 

include these products in the same 

regulation. (AHRI, No. 9 at p. 6) 

Additionally, AHRI commented that 

DOE should exclude commercial 

products, which AHRI described as 

products typically used in hospitals, 

airports, commercial buildings, and 

laboratories and have high airflow and 

capacity not meant for residential use. 

AHRI stated that air cleaners are not on 

the statutory list of commercial/ 

industrial equipment permissible for 

regulation and noted that commercial 

products typically cannot be purchased 

by consumers, for consumer 

applications. AHRI noted that 

commercial air purifiers cannot be 

purchased for personal use and 

installation in homes and that these 

products are sold through business-tobusiness sales channels. Finally, AHRI 

commented that DOE has not conducted 

the appropriate analysis to include 

commercial air cleaners and that 

adequate test procedures do not exist. 

(AHRI, No. 9 at pp. 6–7; EERE–2021– 

BT–STD–0035, AHRI, No. 15 at pp. 

4–5) 

In response to the January 2022 RFI, 

MIAQ also stated that commercial 

products should be excluded since air 

cleaners are not on the statutory list of 

commercial equipment permissible for 

regulation, the determination of energy 

savings would be substantially different 

for commercial equipment, consumer 

and commercial equipment are 

fundamentally different and have 

different statutory requirements, and 

commercial products are not available 

to consumers for personal use. (EERE– 

2021–BT STD–0035, MIAQ, No. 5 at pp. 

3–4) 

Daikin commented that the definition 

of an air cleaner as proposed in the 

September 2021 NOPD is broad and 

could encapsulate unintended products. 

Daikin asserted that DOE did not 

consider whether a product is 

distributed in commerce for residential 

or commercial use, but whether it is of 

a type of product distributed in 

commerce for residential use. Daikin 

stated that air cleaners marketed and 

sold solely for commercial applications 

are typically not sold through retail 

stores, but rather via a contractor, 

dealer, or distributor, and such products 

should be excluded from the definition 

of an air cleaner. (Daikin, No. 10 at pp. 

1–2) Carrier commented that it did not 

support including whole-home air 

cleaners in conjunction with central 

heating/air conditioning systems in the 


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8As an example, the CA IOUs referenced ANSI/ 

ASHRAE Standard 62.1–2019 which prescribes 

certain requirements by reference to the UL 2998 

standard regarding ozone and UV generation. 

definition and scope of coverage. 

(Carrier, No. 6 at p. 1) 

Trane Technologies commented in 

response to the January 2022 RFI that 

permanently mounted HVAC systems in 

buildings are already substantially 

regulated through building codes, 

product standards, and DOE regulations, 

and that no further standards for these 

product types should be considered 

without an exhaustive and multistakeholder consultative process. 

(EERE–2021–BT–STD–0035, Trane 

Technologies, No. 3 at p. 3) 

ASAP et al. supported a broad 

definition for air cleaners, such that it 

would include air cleaners such as 

whole-home units. (ASAP et al. No. 7 at 

p. 2) NEEA supported coverage for air 

cleaners, but noted that DOE’s proposed 

definition did not specifically exclude 

whole home ventilation equipment. 

NEEA recommended clarifying the 

definition to apply only to products that 

have a primary purpose of removing, 

destroying, or deactivating particulates, 

which would exclude products with a 

secondary function of improved air 

quality through increased ventilation, 

such as energy recovery ventilation 

systems. NEEA stated that expanding 

the scope to include non-portable air 

cleaners may require future 

coordination with AHAM and ENERGY 

STAR to align certification requirements 

and definitions. (NEEA, No. 11 at p. 2) 

The purpose of the proposed 

definition, and the modified definition 

adopted in this final determination, is to 

identify the scope of certain consumer 

products (i.e., air cleaning products) 

that are covered products. In identifying 

whether a product is a consumer 

product for consideration as a covered 

product, DOE evaluates whether such 

product: in operation consumes, or is 

designed to consume, energy; and, to 

any significant extent, is distributed in 

commerce for personal use or 

consumption by individuals; without 

regard to whether such article of such 

type is in fact distributed in commerce 

for personal use or consumption by an 

individual. (42 U.S.C. 6291(1)) 

DOE is also not including marketing 

considerations as part of the definition. 

In determining whether an air cleaning 

product were a consumer product, and 

therefore potentially a covered product, 

DOE would evaluate whether it is of a 

type of product distributed in commerce 

for residential use. (42 U.S.C. 6291(1); 

emphasis added) 

AHRI also commented that the ANSI/ 

AHAM AC–1–2020 standard is not the 

appropriate test procedure for other 

products potentially included in the 

scope of DOE’s proposed definition, 

such as oven hoods or fresh air 

ventilators. (AHRI, No. 9 at p. 4; EERE– 

2021–BT–STD–0035, AHRI, No. 15 at 

p. 4) 

Daikin commented that DOE’s 

proposed definition covers a broad 

range of products, many of which 

cannot be tested using ANSI/AHAM 

AC–1–2020 or the ENERGY STAR V. 2.0 

Specification. (Daikin, No. 10 at p. 2) 

In response to the January 2022 RFI, 

MIAQ stated that the ANSI/AHAM AC– 

1–2020 standard is not suitable for very 

large or very small products due to the 

fixed room size of the test chamber, and 

is not appropriate for other products 

potentially included in the proposed 

definition, such as oven hoods or fresh 

air ventilators. Since all of these 

products would require unique test 

methods, MIAQ asserted that they 

should be excluded from the air cleaner 

scope of coverage. (EERE–2021–BT 

STD–0035, MIAQ, No. 5 at p. 3) 

KSH referenced the ENERGY STAR V. 

2.0 Specification’s definition for a plugin type air cleaner and commented that 

the test method for plug-in type air 

cleaners should specify that the unit 

should be plugged in to the outlet such 

that the unused socket remains 

accessible. (KSH, No. 2 at p. 1) 

The CA IOUs commented that wholehome air purification solutions raise 

issues pertaining to the applicability of 

test procedures based on the installed 

application, and provided multiple 

examples in which according to the CA 

IOUs the energy use of such air 

purification systems is not addressed in 

DOE’s current test procedures for 

consumer products. The CA IOUs also 

provided references to existing test 

procedures and building standards 

provisions 8 that may be useful to DOE 

in its efforts to establish appropriate test 

procedures for such whole-home air 

purification systems. (EERE–2021–BT– 

STD–0035, CA IOUs, No. 9 at p. 11) 

AHRI additionally commented that it 

could not provide information on 

technology options to improve the 

efficiency of air cleaners until the scope 

of coverage and associate definition 

were amended to exclude non-portable 

products. (AHRI, No. 9 at p. 7) 

Daikin commented that it believed 

there may be challenges on further 

improving the energy efficiency of air 

cleaners due to the lack of potential 

technology options. Daikin commented 

that most air cleaners are free-air 

discharge cleaners, which do not have 

significant potential for energy savings. 

Additionally, Daikin commented that 

changes in motors and impellers, or 

modifications to reduce energy 

consumption in standby or off mode 

would not provide significant savings. 

Daikin commented that reducing energy 

consumption by reducing the pressure 

drop due to filters would impact the 

performance of air cleaners. (Daikin, No. 

10 at p. 3) Daikin also stated that some 

products such as humidifiers or 

dehumidifiers may also filter/clean air, 

and the mechanism to generate airflow 

is the same and the energy consumption 

cannot be isolated to air cleaning only. 

(Daikin, No. 10 at p. 2) Carrier 

commented that it did not have 

additional information on efficiencyrelated technology options for air 

cleaners. (Carrier, No. 6 at p. 3) 

NEEA recommended that air cleaner 

product classes should be separated by 

CADR/W and that standards should be 

established as a function of capacity. 

NEEA further recommended that DOE 

consider overall unit function when 

establishing standards because air 

cleaners that filter smaller particles 

often use more energy. (NEEA, No. 11 at 

p. 2–) NEEA also commented that 

efficient motors, fans, and controls 

should be investigated as design options 

for energy savings because the energy 

consumption of air cleaners is likely to 

increase in the coming years due to an 

increase in consumer interest for these 

products. (NEEA, No. 11 at p. 3) NEEA 

recommended that DOE include 

technology options such as UV light, 

heat, PCO, and PECO in its assessment 

of applicable product categories. (NEEA, 

No. 11 at p. 3) 

NEEA also supported the 

development of efficiency standards and 

test procedures for whole-home 

ventilation systems, but stated that 

metrics specific to such systems should 

be established through a separate 

rulemaking instead of combining these 

equipment types with air cleaners. 

(NEEA, No. 11 at p. 2) NEEA further 

commented that DOE should consider 

including a maximum allowable 

standby or partial on-mode power limit 

in any future energy conservation 

standard because the hours of operation 

as well as the functionality offered in 

standby mode (e.g., accent lights, heat, 

etc.) may vary widely. NEEA 

commented that DOE should consider 

efficient motors, fans, and controls as 

technology options and noted that it 

may be able to provide additional data 

sources through its Retail Products 

Platform program. (NEEA, No. 11 at 

p. 3) 

The CA IOUs recommended that DOE 

should take into account how air 

cleaners provide different services and 

applications for a variety of consumer 


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42304 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 

9The ENERGY STAR Product Specification 

defines ‘‘room air cleaner’’ as ‘‘an electric appliance 

with the function of removing particulate matter 

from the air and which can be moved from room 

to room.’’ See Eligibility Criteria Version 2.0, Rev. 

April 2021, available at https://www.energystar.gov

/sites/default/files/ENERGY%20STAR%20Version

%202.0%20Room%20Air%20Cleaners

%20Specification_Rev%20April%202021_

with%20Partner%20Commitments.pdf. 

10ENERGY STAR Certified Room Air Cleaners 

Database. Accessed June 24, 2021. Available online 

at www.energystar.gov/productfinder/product/ 

certified-room-air-cleaners/. 

11www.energystar.gov/sites/default/files/asset/ 

document/2020%20USD%20Summary%20Report_

Lighting%20%20EVSE%20Update.pdf. EPA did 

not report the ENERGY STAR market penetration of 

room air cleaners for 2020 ‘‘due to indications of 

dramatic changes in the market in 2020 that are 

inconsistent with previous market trends.’’ 

12www.grandviewresearch.com/industryanalysis/us-air-purifier-market. 

needs as the standard-setting process 

continues. They also commented that 

the technology options for air cleaners 

that use fans include multiple speed 

motors and sensors that automatically 

adjust fan speed. The CA IOUs also 

recommended an investigation into the 

sensitivity of sensors and controls, the 

number of fan speeds available, and the 

degree to which they can reduce energy 

consumption while maintaining 

performance. The CA IOUs also 

commented to investigate energy 

consumption in standby mode for these 

products. (CA IOUs, No. 8 at pp. 3–4) 

DOE welcomes comments provided 

by stakeholders regarding applicable 

test procedures and potential 

technology options, product classes, and 

efficiency levels. However, the air 

cleaner definition adopted in this final 

determination establishes the coverage 

of ‘‘air cleaners’’ for the purpose of Part 

A of EPCA. The scope of coverage is 

separate from a determination of the 

applicability of test procedures or 

energy conservation standards, should 

DOE establish test procedures and 

energy conservation standards. The 

scope of any test procedure or energy 

conservation standards would be 

considered in these respective 

rulemakings to the extent DOE pursues 

such rulemakings. As such, DOE is not 

limiting the scope of ‘‘air cleaner’’ as a 

covered product based on the potential 

availability of an industry test standard, 

or other test procedure or standards 

related issues. 

Daikin commented that a labeling rule 

under 42 U.S.C. 6295(l)(1) could be a 

good driving factor for manufacturers 

and consumers to manufacture and 

consume higher efficiency products. 

(Daikin, No. 10 at pp. 3–4) DOE notes 

that the requirements under 42 U.S.C. 

6295(l) are only applicable once a 

coverage determination has occurred 

and if and when DOE considers 

establishing standards. 

The CA IOUs stated that they are 

engaged in discussions with several 

stakeholders as part of a working group 

to develop further recommendations 

regarding definitions, scope, test 

procedures, and efficiency standards. 

The CA IOUs further commented that 

the working group is in alignment with 

DOE’s proposal to exclude products that 

offer air purification as a secondary 

function, but for which the main 

functionality, and related energy 

consumption, is already regulated as a 

covered product, such as those for 

central air conditioners, dehumidifiers, 

etc. The CA IOUs suggested DOE 

consider recommendations that the 

working group develops. (CA IOUs, No. 

8 at p. 3) DOE welcomes comments and 

recommendations from the working 

group and will consider developments 

made by the working group on matters 

concerning definitions, scope, test 

procedures, and efficiency standards 

during the appropriate stage of each 

rulemaking. 

In summary, based on the preceding 

discussion, DOE is defining ‘‘air 

cleaner’’ as a product for improving 

indoor air quality, other than a central 

air conditioner, room air conditioner, 

portable air conditioner, dehumidifier, 

or furnace, that is an electricallypowered, self-contained, mechanically 

encased assembly that contains means 

to remove, destroy, or deactivate 

particulates, VOCs, and/or 

microorganisms from the air. It excludes 

products that operate solely by means of 

ultraviolet light without a fan for air 

circulation. 

B. Evaluation of Air Cleaners as a 

Covered Product Subject to Energy 

Conservation Standards 

The following sections describe DOE’s 

evaluation of whether air cleaners fulfill 

the criteria for being added as a covered 

product pursuant to 42 U.S.C. 

6292(b)(1). As stated, DOE may classify 

a consumer product as a covered 

product if: 

(1) Classifying products of such type 

as covered products is necessary or 

appropriate to carry out the purposes of 

EPCA; and 

(2) The average annual per-household 

energy use by products of such type is 

likely to exceed 100 kWh (or its Btu 

equivalent) per year. 

1. Coverage Necessary or Appropriate 

To Carry Out Purposes of EPCA 

DOE has determined that coverage of 

air cleaners is necessary or appropriate 

to carry out the purposes of EPCA, 

which include: 

(1) To conserve energy supplies 

through energy conservation programs, 

and, where necessary, the regulation of 

certain energy uses; and 

(2) To provide for improved energy 

efficiency of motor vehicles, major 

appliances, and certain other consumer 

products. (42 U.S.C. 6201(4) and (5)) 

In the September 2021 NOPD, DOE 

cited data presented by EPA for the 

ENERGY STAR Air Cleaners Program 

that estimated that overall shipments of 

room air cleaners (a subset of the 

products covered by the definition of 

‘‘air cleaner’’ adopted in this final 

determination) were 5.17 million units. 

86 FR 51629, 51633. DOE also 

referenced the energy consumption 

ratings contained in the ENERGY STAR 

database of certified room air cleaners,9

which demonstrated significant 

variation in the total energy 

consumption among different models,10

suggesting that technologies exist to 

reduce the energy consumption of air 

cleaners. Id. DOE requested data and 

information regarding current annual 

shipments of air cleaners and the 

installed base of air cleaners. Id. 

AHRI agreed with DOE’s estimates of 

shipments data, based on EPA and 

AHAM data. (AHRI, No. 9 at p. 7) ASAP 

et al. commented that the most recent 

ENERGY STAR data for 2020 reported 

6.5 million shipments of ENERGY 

STAR-certified units,11 total shipments 

are likely significantly greater, and 

product demand in the residential 

sector is projected to grow at a CAGR of 

6.2 percent through 2028.12

Furthermore, ASAP et al. cited ENERGY 

STAR data to assert that air cleaners 

represent a large potential for energy 

savings. In particular, ASAP et al. stated 

that ENERGY STAR-certified room air 

cleaners are more than 25 percent more 

efficient than standard models and that 

the minimum CADR per watt (‘‘CADR/ 

W’’) rating in the current ENERGY 

STAR database ranged from 1.9 to 2.9 

CADR/W; the most efficient models had 

rated values of 14.8 CADR/W. (ASAP et 

al., No. 7 at p. 1) 

ASAP et al. commented that the most 

recent ENERGY STAR unit shipment 

data for room air cleaners is 6.5 million 

shipments of ENERGY STAR-certified 

units, and commented that the 

estimated market penetration is not 

provided in the ENERGY STAR data. 

Using the most recent year in which 

ENERGY STAR provided market 

penetration data (2019), DOE 

approximates that roughly 40 percent of 

the market is at or above the ENERGY 

STAR level and estimates the total 

shipments of room air cleaners to be 

approximately 16 million units. 


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13www.energystar.gov/productfinder/product/ 

certified-room-air-cleaners/results. 14Air Purifiers (Cleaners). Accessed June 28, 

2021. Available online at: www.energystar.gov/ 

products/air_purifiers_cleaners. 

15The CA IOUs commented that in a 2018 

technical summary titled, Residential Air Cleaners, 

EPA stated that ‘‘air cleaning is limited to less than 

25 percent of the 8,760 hours in a year’’, which 

translates to 6 hours per day. 

DOE has determined that the coverage 

of air cleaners is both necessary and 

appropriate to carry out the purposes of 

EPCA. As indicated by the ENERGY 

STAR and shipments data, air cleaners 

comprise a significant and growing 

sector of the consumer products market. 

As a coverage determination is a 

prerequisite to establishing standards 

for these products, classifying air 

cleaners as a covered product is 

necessary and appropriate to carry out 

EPCA’s purposes to: Conserve energy 

supplies through energy conservation 

programs; and provide for improved 

energy efficiency of major appliances 

and certain other consumer products. 

(42 U.S.C. 6201(4) and (5)) 

2. Average Household Energy Use 

In the September 2021 NOPD, DOE 

estimated the average household energy 

use for air cleaners, in households that 

use the product, using power 

consumption data reported in the 

ENERGY STAR product database.13 86 

FR 51629, 51633. The ENERGY STAR 

database is the only publicly available 

source, of which DOE is aware, that 

provides energy consumption data for 

air cleaners. For each model, the 

database lists the annual energy use in 

kilowatt-hours per year (‘‘kWh/yr’’), 

along with other relevant performance 

metrics, as measured according to 

ANSI/AHAM AC–1–2020. 86 FR 51629, 

51633. In the September 2021 NOPD, 

DOE estimated the average annual 

energy consumption of air cleaners to be 

299 kWh/yr among all models in the 

ENERGY STAR database. DOE also 

noted that the ENERGY STAR program 

estimated that standard (i.e., nonENERGY STAR qualified) consumer air 

cleaners operating continuously use 

around 550 kWh/yr.14 DOE requested 

data and information regarding annual 

energy use estimates for air cleaners. 86 

FR 51629, 51633. 

The CA IOUs commented that the 

average household energy use from air 

cleaners likely exceeds the thresholds 

set by 42 U.S.C. 6292(b)(1) and 42 

U.S.C. 6295(l), stating that the annual 

energy consumption of ENERGY STAR 

products currently listed is nearly 300 

kWh/yr and estimating 450 kWh/yr for 

non-ENERGY STAR units. (CA IOUs, 

No. 8 at p. 2) The CA IOUs further 

stated that the hours of use for air 

cleaners would likely vary based on 

household needs and there was a wide 

range of estimates in federal and state 

sources. The CA IOUs asserted that, 

based on various sources, air cleaners 

may be operated between 6 and 24 

hours per day.15 (CA IOUs, No. 8 at p. 

2) The CA IOUs commented that DOE 

should account for the variable hours of 

operation for air cleaners depending on 

consumer needs. The CA IOUs provided 

examples in which some air cleaners 

may run constantly but seasonally to 

counter high pollen content or wildfire 

smoke, while others may be used during 

all seasons but only during portions of 

the day. (CA IOUs, No. 8 at p. 54) The 

CA IOUs also stated that while only a 

minority of households owned air 

cleaners, of those owners, more than 20 

percent had at least two air cleaners, 

based on California Residential 

Appliance Saturation Survey (‘‘RASS’’) 

data. (CA IOUs No. 8 at p. 2) 

AHRI commented that it was difficult 

to provide data and information 

regarding annual energy use estimates 

for air cleaners, particularly for products 

not covered by the ENERGY STAR 

Program, such as non-portable products 

(wall mounted, ceiling-mounted, and 

whole home units). (AHRI No. 9 at p. 7) 

Carrier commented that it did not have 

information on energy use estimates for 

air cleaners, and stated that it is 

unlikely this data exists for whole-home 

air cleaners and large portable air 

cleaners with nominal airflow above 

400 CFM because there is not a standard 

test procedure for these products. 

(Carrier No. 6 at p.3) Daikin commented 

that it did not have information on 

typical operational hours of air cleaners. 

(Daikin No. 10 at p. 3) 

AHRI urged DOE to publish its energy 

use analysis for the proposed 

determination. According to AHRI 

different types of air cleaners employ 

different technologies with distinctly 

different energy use patterns and hours 

of operation, which should be 

accounted for in the energy use analysis. 

(AHRI No. 9 at p. 6) Daikin asked if 

DOE’s annual energy use estimate 

considered number of operating hours 

and also requested DOE to provide its 

methodology for the calculation of 

annual energy use. Daikin noted that 

this same methodology could be applied 

to non-ENERGY STAR qualified 

products to obtain data. (Daikin No. 10 

at p.3) 

In the absence of additional data, DOE 

is using the estimates available from the 

ENERGY STAR database to estimate the 

energy use for this final determination. 

The ENERGY STAR database includes 

products with various technologies and 

EPA notes in the ENERGY STAR 

database that it calculates the annual 

energy consumption based on an 

estimated 16 hours/day in active mode 

(also referred to as on mode or operating 

mode) and 8 hours/day in standby mode 

(or inactive mode). DOE has used these 

estimates for its energy use analysis. 

The ENERGY STAR database includes a 

range of air cleaners with reported 

annual energy consumption ranging 

from 123 kWh/yr to 770 kWh/yr, with 

an average annual energy consumption 

of 299 kWh/yr. The average energy 

consumption of non-ENERGY STAR 

qualified models is likely higher. 

Although the ENERGY STAR program 

covers only portable configurations of 

air cleaners, the similarity in 

fundamental design and operation (i.e., 

a fan or other means for air circulation 

and a means for of removing, 

destroying, or deactivating 

contaminants from the air) of nonportable products (e.g., wall-mounted, 

ceiling-mounted, whole-home units) 

indicates that non-portable air cleaners 

are likely to have similar or higher 

energy consumption as compared to 

portable air cleaners. 

Based on this analysis, DOE 

determines that the average annual perhousehold energy use for air cleaners is 

likely to exceed 100 kWh/yr, satisfying 

the provisions of 42 U.S.C. 6292(b)(1). 

IV. Final Determination 

Based on the foregoing discussion, 

DOE concludes that including air 

cleaners, as defined in this final 

determination, as covered products is 

necessary and appropriate to carry out 

the purposes of EPCA, and the average 

annual per-household energy use by 

products of such type is likely to exceed 

100 kWh/yr. Based on the information 

discussed in sections III.B of this final 

determination, DOE is classifying air 

cleaners as covered product. 

This final determination does not 

establish test procedures or energy 

conservation standards for air cleaners. 

DOE will address test procedures and 

energy conservation standards through 

its normal rulemaking process. 

V. 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 


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determination that its benefits justify its 

costs (recognizing that some benefits 

and costs are difficult to quantify); (2) 

tailor regulations to impose the least 

burden on society, consistent with 

obtaining regulatory objectives, taking 

into account, among other things, and to 

the extent practicable, the costs of 

cumulative regulations; (3) select, in 

choosing among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 

marketable permits, or providing 

information upon which choices can be 

made by the public. DOE emphasizes as 

well that E.O. 13563 requires agencies to 

use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs 

(‘‘OIRA’’) in the Office of Management 

and Budget (‘‘OMB’’) has emphasized 

that such techniques may include 

identifying changing future compliance 

costs that might result from 

technological innovation or anticipated 

behavioral changes. For the reasons 

stated in the preamble, this 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 

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. This 

determination has been determined to 

be not significant for purposes of E.O. 

12866. As a result, OMB did not review 

this determination. 

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 and a final regulatory 

flexibility analysis (‘‘FRFA’’) for any 

such rule that an agency adopts as a 

final rule, 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 E.O. 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 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s website (www.energy.gov/gc/ 

office-general-counsel). 

DOE reviewed this determination 

under the provisions of the Regulatory 

Flexibility Act and the policies and 

procedures published on February 19, 

2003. This determination sets no 

standards; it only positively determines 

that future standards may be warranted 

and should be explored in an energy 

conservation standards and test 

procedure rulemaking. Economic 

impacts on small entities would be 

considered in the context of such 

rulemakings. On the basis of the 

foregoing, DOE certifies that the 

coverage determination would have no 

significant economic impact on a 

substantial number of small entities. 

Accordingly, DOE has not prepared a 

FRFA for this determination. DOE will 

transmit this certification and 

supporting statement of factual basis to 

the Chief Counsel for Advocacy of the 

Small Business Administration for 

review under 5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act 

This determination, which concludes 

that air cleaners meet the criteria for a 

covered product for which the Secretary 

may prescribe an energy conservation 

standard pursuant to 42 U.S.C. 6295(o) 

and (p), imposes no new information or 

record-keeping requirements. 

Accordingly, the OMB clearance is not 

required under the Paperwork 

Reduction Act. (44 U.S.C. 3501 et seq.) 

D. Review Under the National 

Environmental Policy Act of 1969 

Pursuant to the National 

Environmental Policy Act of 1969 

(‘‘NEPA’’), DOE has analyzed this 

proposed action rule in accordance with 

NEPA and DOE’s NEPA implementing 

regulations (10 CFR part 1021). DOE 

analyzed this regulation in accordance 

with the National Environmental Policy 

Act (‘‘NEPA’’) and DOE’s NEPA 

implementing regulations (10 CFR part 

1021). DOE has determined that this 

rule qualifies for categorical exclusion 

under 10 CFR part 1021, subpart D, 

appendix A6. This rulemaking qualifies 

for categorical exclusion A6 because it 

is a strictly procedural rulemaking and 

otherwise meets the requirements for 

application of a categorical exclusion. 

See 10 CFR 1021.410. In this final 

determination, DOE positively 

determines that future standards may be 

warranted and that environmental 

impacts should be explored in an energy 

conservation standards rulemaking. 

Therefore, DOE has determined that 

promulgation of this rule is not a major 

Federal action significantly affecting the 

quality of the human environment 

within the meaning of NEPA, and does 

not require an environmental 

assessment or an environmental impact 

statement. 

E. Review Under Executive Order 13132 

E.O. 13132, ‘‘Federalism,’’ 64 FR 

43255 (Aug. 10, 1999), imposes certain 

requirements on Federal agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. The 

Executive order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive order also requires agencies to 

have an accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process it will follow in the 

development of such regulations. 65 FR 

13735. DOE has examined this 

determination and concludes 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 product that 

is the subject of this determination. 

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) Therefore, no further 

action is required by E.O. 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of E.O. 

12988, ‘‘Civil Justice Reform,’’ imposes 

on Federal agencies the general duty to 

adhere to the following requirements: 

(1) eliminate drafting errors and 

ambiguity, (2) write regulations to 


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minimize litigation, (3) provide a clear 

legal standard for affected conduct 

rather than a general standard, and (4) 

promote simplification and burden 

reduction. 61 FR 4729 (Feb. 7, 1996). 

Regarding the review required by 

section 3(a), section 3(b) of E.O. 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 E.O. 12988 requires executive 

agencies to review regulations in light of 

applicable standards in section 3(a) and 

section 3(b) to determine whether they 

are met or it is unreasonable to meet one 

or more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this 

determination meets the relevant 

standards of E.O. 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 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 requirement that might significantly 

or uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. DOE’s policy 

statement is also available at 

www.energy.gov/sites/prod/files/gcprod/ 

documents/umra_97.pdf. 

DOE examined this determination 

according to UMRA and its statement of 

policy and determined that the 

determination does not contain a 

Federal intergovernmental mandate, nor 

is it expected to require expenditures of 

$100 million or more in any one year by 

State, local, and Tribal governments, in 

the aggregate, or by the private sector. 

As a result, the analytical requirements 

of UMRA do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act of 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

determination 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 

Pursuant to E.O. 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights’’ 53 FR 8859 (Mar. 15, 1988), 

DOE has determined that this 

determination would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act of 2001 

Section 515 of the Treasury and 

General Government Appropriation Act, 

2001 (44 U.S.C. 3516, note) provides for 

Federal agencies to review most 

disseminations of information to the 

public under information quality 

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 determination 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 

E.O. 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 OIRA a Statement of Energy Effects 

for any significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to 

promulgation of a final rule, and that (1) 

is a significant regulatory action under 

E.O. 12866, or any successor Executive 

order; and (2) is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy; or (3) is 

designated by the Administrator of 

OIRA as a significant energy action. For 

any significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. 

This determination, which does not 

amend or establish energy conservation 

standards for air cleaners, is not a 

significant regulatory action under E. O. 

12866. Moreover, it would not have a 

significant adverse effect on the supply, 

distribution, or use of energy, nor has it 

been designated as such by the 

Administrator at OIRA. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

L. Information Quality 

On December 16, 2004, OMB, in 

consultation with the Office of Science 

and Technology Policy (‘‘OSTP’’), 

issued its Final Information Quality 

Bulletin for Peer Review (‘‘the 

Bulletin’’). 70 FR 2664 (Jan. 14, 2005). 

The Bulletin establishes that certain 

scientific information shall be peer 

reviewed by qualified specialists before 

it is disseminated by the Federal 

Government, including influential 

scientific information related to agency 

regulatory actions. The purpose of the 

bulletin is to enhance the quality and 

credibility of the Government’s 

scientific information. Under the 

Bulletin, the energy conservation 

standards rulemaking analyses are 

‘‘influential scientific information,’’ 

which the Bulletin defines as ‘‘scientific 

information the agency reasonably can 

determine will have, or does have, a 

clear and substantial impact on 

important public policies or private 

sector decisions.’’ Id. at 70 FR 2667. 

In response to OMB’s Bulletin, DOE 

conducted formal peer reviews of the 

energy conservation standards 


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16 ‘‘Energy Conservation Standards Rulemaking 

Peer Review Report.’’ 2007. Available at 

www.energy.gov/eere/buildings/downloads/energyconservation-standards-rulemaking-peer-reviewreport-0. 

17The report is available at 

www.nationalacademies.org/our-work/review-ofmethods-for-setting-building-and-equipmentperformance-standards. 

development process and the analyses 

that are typically used and has prepared 

a Peer Review report pertaining to the 

energy conservation standards 

rulemaking analyses.16 Generation of 

this report involved a rigorous, formal, 

and documented evaluation using 

objective criteria and qualified and 

independent reviewers to make a 

judgment as to the technical/scientific/ 

business merit, the actual or anticipated 

results, and the productivity and 

management effectiveness of programs 

and/or projects. Because available data, 

models, and technological 

understanding have changed since 2007, 

DOE has engaged with the National 

Academy of Sciences to review DOE’s 

analytical methodologies to ascertain 

whether modifications are needed to 

improve the Department’s analyses. 

DOE is in the process of evaluating the 

resulting report.17

M. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this final determination prior to its 

effective date. The report will state that 

it has been determined that the final 

determination is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final determination. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on June 21, 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 June 22, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE amends part 430 of 

Chapter II of Title 10, Code of Federal 

Regulations as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 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. 

■ 2. Section 430.2 is amended by adding 

in alphabetical order the definition of 

‘‘air cleaner’’ to read as follows: 

§ 430.2 Definitions. 

* * * * * 

Air cleaner means a product for 

improving indoor air quality, other than 

a central air conditioner, room air 

conditioner, portable air conditioner, 

dehumidifier, or furnace, that is an 

electrically-powered, self-contained, 

mechanically encased assembly that 

contains means to remove, destroy, or 

deactivate particulates, VOC, and/or 

microorganisms from the air. It excludes 

products that operate solely by means of 

ultraviolet light without a fan for air 

circulation. 

* * * * * 

[FR Doc. 2022–13655 Filed 7–14–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0384; Project 

Identifier AD–2022–00027–E; Amendment 

39–22122; AD 2022–15–03] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2021–14– 

06 for all Pratt & Whitney (PW) 

PW1519G, PW1521G, PW1521G–3, 

PW1521GA, PW1524G, PW1524G–3, 

PW1525G, PW1525G–3, PW1919G, 

PW1921G, PW1922G, PW1923G, and 

PW1923G–A model turbofan engines. 

AD 2021–14–06 required repetitive 

borescope inspections (BSI) of certain 

low-pressure compressor (LPC) rotor 1 

(R1) until replacement of electronic 

engine control (EEC) full authority 

digital electronic control (FADEC) 

software with updated software. AD 

2021–14–06 also required a BSI after 

installation of the updated EEC FADEC 

software if certain Onboard 

Maintenance Message fault codes are 

displayed and meet specified criteria. 

AD 2021–14–06 also required, 

depending on the results of the BSI, 

replacement of the LPC R1. Since the 

FAA issued AD 2021–14–06, the 

manufacturer redesigned the 

compressor intermediate case (CIC) 

assembly to incorporate a shortened 

bleed duct configuration and updated 

the EEC FADEC software. This AD 

continues to require repetitive BSI of 

certain LPC R1s until replacement of 

EEC FADEC software with updated 

software and also a BSI after installation 

of the updated EEC FADEC software if 

certain Onboard Maintenance Message 

fault codes are displayed and meet 

specified criteria. This AD continues to 

require, depending on the results of the 

BSI, replacement of the LPC R1. This 

AD also requires removal and 

replacement of the existing CIC 

assembly with a CIC assembly eligible 

for installation. The FAA is issuing this 

AD to address the unsafe condition on 

these products. 

DATES: This AD is effective August 19, 

2022. 

ADDRESSES: For service information 

identified in this final rule, contact Pratt 

& Whitney, 400 Main Street, East 

Hartford, CT 06118; phone: (800) 565– 

0140; email: help24@pw.utc.com; 

website: http://fleetcare.pw.utc.com. 

You may view this service information 

at the Airworthiness Products Section, 

FAA, 1200 District Avenue, Burlington, 

MA 01803. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0384; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The address for 


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