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46579

Rules and Regulations
Federal Register Vol. 86, No. 158
Thursday, August 19, 2021

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.

DEPARTMENT OF ENERGY
10 CFR Part 431
EERE2011BTDET0045
RIN 1905AC55

Energy Conservation Program: Final Determination of Fans and Blowers as Covered Equipment Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Final rule; final determination.

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AGENCY:

SUMMARY: The U.S. Department of Energy DOE is classifying certain fans and blowers as covered equipment under Part A1 of Title III of the Energy Policy and Conservation Act, as amended. Accordingly, this document establishes the definition of equipment that is considered fans and blowers.
DATES: This final determination is effective September 20, 2021.
ADDRESSES: Docket: The docket, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE2011-BT-DET-0045. The docket web page contains instructions on how to access all documents, including public comments, in the docket.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Email:

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ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 20585. Telephone:
202 5862588. Email:
Amelia.Whiting@hq.doe.gov.
For further information on how to review other public comments and the docket contact the Appliance and Equipment Standards Program staff at 202 2871445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:

Table of Contents I. Introduction A. Authority B. Background II. General Discussion A. Definition and Scope of Coverage B. Evaluation of Fans and Blowers as Covered Equipment 1. Energy Consumption in Operation 2. Distribution in Commerce 3. Prior Inclusion as a Covered Product 4. Coverage Necessary To Carry Out the Purposes of Part A1
C. Final Determination III. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act C. Review Under the National Environmental Policy Act of 1969
D. Review Under Executive Order 13132
E. Review Under Executive Order 12988
F. Review Under the Unfunded Mandates Reform Act of 1995
G. Review Under the Treasury and General Government Appropriations Act, 1999
H. Review Under Executive Order 12630
I. Review Under the Treasury and General Government Appropriations Act, 2001
J. Review Under Executive Order 13211
K. Information Quality L. Congressional Notification IV. Approval of the Office of the Secretary
I. Introduction The following section briefly discusses the statutory authority underlying this determination, as well as the relevant historical background to the inclusion of fans and blowers as covered equipment under the Energy Policy and Conservation Act, as amended EPCA.1
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.

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A. Authority EPCA authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C. 6291
6317 Title III, Part C 2 of EPCA, added by Public Law 95619, Title IV, section 441a 42 U.S.C. 63116317, as codified, established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency of certain commercial and industrial equipment hereafter referred to as covered equipment. The purpose of Part A1
is to improve the efficiency of electric motors and pumps and certain other industrial equipment in order to conserve the energy resources of the Nation. 42 U.S.C. 6312a EPCA specifies a list of equipment that constitutes covered equipment.3
EPCA also provides that covered equipment includes any other type of industrial equipment for which the Secretary of Energy Secretary determines inclusion is necessary to carry out the purpose of Part A1. 42
U.S.C. 63111L; 42 U.S.C. 6312b EPCA specifies the types of equipment that can be classified as industrial equipment. 42 U.S.C. 63112 This equipment includes fans and blowers.
42 U.S.C. 63112Bii and iii.
Industrial equipment must be of a type that consumes, or is designed to consume, energy in operation; is distributed in commerce for industrial or commercial use; and is not a covered product as defined in 42 U.S.C.
6291a2 of EPCA other than a component of a covered product with respect to which there is in effect a determination under section 6312c.
42 U.S.C. 63112A.
2 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A1 and hereafter referred to as Part A1.
3 Covered equipment means one of the following types of industrial equipment: Electric motors and pumps; small commercial package air conditioning and heating equipment; large commercial package air conditioning and heating equipment; very large commercial package air conditioning and heating equipment; commercial refrigerators, freezers, and refrigerator-freezers;
automatic commercial ice makers; walk-in coolers and walk-in freezers; commercial clothes washers;
packaged terminal air-conditioners and packaged terminal heat pumps; warm air furnaces and packaged boilers; and storage water heaters, instantaneous water heaters, and unfired hot water storage tanks. 42 U.S.C. 63111AK

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