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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations Pursuant to the updated Process Rule, if DOE determines to initiate the coverage determination process, it will first publish a notice of proposed determination, providing an opportunity for public comment of not less than 60 days, in which DOE will explain how coverage of the equipment type that it seeks to designate as covered is necessary to carry out the purposes of EPCA. Section 5b of the Process Rule. DOE will publish its final decision on coverage as a separate notice, an action that will be completed prior to the initiation of any test procedure or energy conservation
standards rulemaking i.e., DOE will not issue any requests for information, notices of data availability, or any other mechanism to gather information for the purpose of initiating a rulemaking to establish a test procedure or energy conservation standard for the proposed covered equipment prior to finalization of the coverage determination. Section 5c of the Process Rule.
Because this coverage determination was already in progress at the time the revised Process Rule was published, DOE is applying those provisions moving forward i.e., rather than reinitiating the entire rulemaking
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process. To date, DOE has not proposed test procedures or energy conservation standards for fans and blowers.
II. General Discussion DOE developed this determination after considering comments, data, and information from interested parties that represent a variety of interests. Table II
1 lists the interested parties that have provided comments on the January 2013
Framework,9 June 2011 NOPD, April 2020 Notice of Petition,10 and May 2021
RFI relevant to the coverage determination.

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TABLE II1JANUARY 2013 FRAMEWORK, JUNE 2011 NOPD, APRIL 2020 NOTICE OF PETITION, AND MAY 2021 RFI
WRITTEN COMMENTS
Organizations
Reference in this NOPR

Organization type
January 2013
framework
June 2011
NOPD

April 2020
notice of petition
May 2021
RFI

Air Movement and Control Association International.
Air-Conditioning, Heating, and Refrigeration Institute.
Appliance Standards Awareness Project, American Council for an Energy-Efficient Economy, National Consumer Law Center, and Natural Resources Defense Council.
Appliance Standards Awareness Project/National Research Defense Council.
Appliance Standards Awareness Project, Northwest Energy Efficiency Alliance, Natural Resources Defense Council, and Alliance to Save Energy.
China World Trade Organization, Technical Barriers to Trade National Notification and Enquiry Center.
Cooling Technology Institute
Daikin Applied
Ebm-papst Inc
Edison Electric Institute
Greenheck Group
Ingersoll Rand/Trane
Johnson Controls
Lennox International Inc
Marley Engineered Products LLC
Morrison Products Inc
Northwest Energy Efficiency Alliance
Pacific Gas and Electric Company, Southern California Edison, San Diego Gas and Electric Company.
Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company, and Southern California Edison.

AMCA

Trade Association

X

X

AHRI

Trade Association

X

X

X

X

Efficiency Advocates

Efficiency Organizations

X

ASAP/NRDC

Efficiency Organization

X

ACEEE et al

Efficiency Organization

X

China WTO/TBT

Government Entity

X

CTI
Daikin
Ebm-papst
EEI
Greenheck
Ingersoll Rand/Trane
Johnson Controls
Lennox
MEP
Morrison Products
NEEA
PG&E, SCE, SDG&E

Trade Association
Manufacturer
Manufacturer
Utility
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Efficiency Organizations
Utility

X
X
X
X
X

X



X

X

X
X

X
X
X

X

X

CA IOUs

Utility

X

X

The comments received specific to the fan and blower definition, fan and blower coverage, and DOEs decision regarding a definition and coverage for fans and blowers are discussed in the paragraphs that follow. However, DOE
does not reference or respond to comments made by interested parties regarding issues that are outside the scope of this final determination e.g., comments related to potential energy conservation standards and test 9 DOE

Docket No. EERE2013BTSTD0006.
Docket No. EERE2020BTPET0003.

10 DOE

VerDate Sep<11>2014

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procedures. The comments from interested parties and term sheet recommendations related to the test procedures and energy conservation standards will be addressed separately as part of any potential rulemaking for establishing test procedures and energy conservation standards for fans and blowers. Further, comments related to fume hoods are not discussed in this final determination as DOE has determined it does not have the
statutory authority to include fume hoods as covered equipment.

11 DOE also proposed a definition of fume hood, but as discussed DOE has determined it
does not have statutory authority to include fume hoods as covered equipment.

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A. Definition and Scope of Coverage Although EPCA lists fans and blowers as types of equipment that may be defined as industrial equipment, these terms are not defined. See 42 U.S.C.
63112Bii and iii As noted, DOE
proposed definitions for fan and blower in the June 2011 NOPD.11 76

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