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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices rate such products using the alternate test procedure set forth in the Decision and Order. ECRs representations concerning the energy consumption of the specified furnace fan basic models must be based on testing according to the provisions and restrictions in the alternate test procedure set forth in the Decision and Order, and any such representations must fairly disclose these test results. Further, the manufacturer materials e.g., catalogs, brochures, and installation and operation manuals for the specified furnace fan basic models must make no representation that the basic models are designed to be installed in systems with an air conditioner. Distributors, retailers, and private labelers are held to the same requirements when making representations regarding the energy consumption of these products. 42
U.S.C. 6293c Consistent with 10 CFR 430.27j, not later than May 10, 2021, any manufacturer currently distributing in commerce in the United States products employing a technology or characteristic that results in the same need for a waiver from the applicable test procedure must submit a petition for waiver. Manufacturers not currently distributing such products in commerce in the United States must petition for and be granted a waiver prior to the distribution in commerce of those products in the United States.
Manufacturers may also submit a request for interim waiver pursuant to the requirements of 10 CFR 430.27. 10
CFR 430.27j.
Case 2019001
Decision and Order
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I. Background and Authority The Energy Policy and Conservation Act, as amended EPCA,1 authorizes the U.S. Department of Energy DOE
to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C.
62916317 Title III, Part B 2 of EPCA, Public Law 94163 42 U.S.C. 6291
6309, as codified, established the Energy Conservation Program for Consumer Products Other Than Automobiles and sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include furnace fans, the focus of this document.
42 U.S.C. 6295f4D
1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A.

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Under EPCA, the energy conservation program consists essentially of four parts: 1 Testing, 2 labeling, 3
Federal energy conservation standards, and 4 certification and enforcement procedures. Relevant provisions of EPCA include definitions 42 U.S.C.
6291, test procedures 42 U.S.C. 6293, labeling provisions 42 U.S.C. 6294, energy conservation standards 42
U.S.C. 6295, and the authority to require information and reports from manufacturers 42 U.S.C. 6296.
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. 6295s, and 2 making representations about the efficiency of that product 42 U.S.C. 6293c.
Similarly, DOE must use these test procedures to determine whether the product complies with relevant standards promulgated under EPCA. 42
U.S.C. 6295s Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE is required to follow when prescribing or amending test procedures for covered products. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and requires that test procedures not be unduly burdensome to conduct. 42
U.S.C. 6293b3 The test procedure for furnace fans is contained the Code of Federal Regulations CFR at 10 CFR
part 430, subpart B, appendix AA, Uniform Test Method for Measuring the Energy Consumption of Furnace Fans Appendix AA.
Any interested person may submit a petition for waiver from DOEs test procedure requirements. 10 CFR
430.27a1. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27f2.
DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. Id.

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As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. 10
CFR 430.27l. As soon thereafter as practicable, DOE will publish in the Federal Register a final rule to that effect. Id. When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10
CFR 430.27h3.
II. ECRs Petition for Waiver: Assertions and Determinations By letter dated February 20, 2019, ECR filed a petition for waiver and a petition for interim waiver from the DOE test procedure applicable to furnace fans set forth in Appendix AA.
In its petition, ECR asserted that the furnace fan basic models specified in its petition,3 which are belt-driven, singlespeed, and designed for heating-only applications, have design characteristics that prevent testing of the basic model according to the test procedure prescribed in Appendix AA. ECR
claimed these basic models are factoryequipped for operation at an external static pressure ESP of 0.20 w.c. and cannot operate within the ESP range of 0.650.70 w.c. required in Appendix AA. ECR stated that the higher ESP
required for the test reduces airflow, which in turn increases the temperature rise to the high temperature limit, resulting in the unit shutting off before the test can be completed. ECR provided laboratory test data during the course of follow-up communications on May 24, 2019, June 3, 2019, August 5, 2019, and November 11, 2019, showing that the basic models for which a waiver is requested shut off at various ESPs ranging from 0.300.60 w.c., depending on the particular basic model, with the units shutting down at an average ESP of 0.47 w.c.
ECR further asserted that the test procedure is not representative of the lower ESPs encountered by heating-only systems that only have one airflowcontrol setting, as compared to combined heating/cooling systems. ECR
stated that combined heating/cooling 3 The specific basic models for which the petition applies are the Airco and Olsen branded furnace fans basic models BCLB90S2, BCLB100S2, BCLB120S2, BCLB130S2, BCLB145S2, BFLB902, BFLB1002, BFLB1202, BFLB130NX2, BFLB145NX2, BMLB60B2, BMLB80B2, and BMLB90B2. The petition is available at: https
www.regulations.gov/docket?D=EERE-2019-BTWAV-0004.

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