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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules penetration of 43 percent, indicating overall shipments of air cleaners were 5.17 million units.9 Based on EPAs definition of room air cleaner, these shipments and installed base estimates comprise only portable configurations of air cleaners. Nevertheless, the ratings contained in the ENERGY STAR
database of certified room air cleaners 10
demonstrate significant variation in the total energy consumption among different models currently available, suggesting that technologies exist to reduce the energy consumption of air cleaners.
DOE requests data and information regarding current annual shipments of air cleaners and the installed base of air cleaners, specifying the scope of products included in any such estimates e.g., portable, non-portable wallmounted, ceiling-mounted, wholehome, etc.
DOE requests comment on the availability or lack of availability of technologies for improving energy efficiency of air cleaners.
B. Average Household Energy Use 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. 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
AC12020. The reported annual energy consumption ranges from 123 kWh/year to 770 kWh/year, with an average annual energy consumption of 299
kWh/year among all models in the ENERGY STAR database. The energy consumption of non-ENERGY STARqualified models, comprising 57 percent of shipments in 2019 as discussed in section IV.A of this document, is likely to be higher. The ENERGY STAR
program estimates that the standard i.e., non-ENERGY STAR qualified consumer air cleaner operating 9 ENERGY STAR Unit Shipment and Market Penetration Report: Calendar Year 2019 Summary.
Available online at: www.energystar.gov/sites/
default/files/asset/document/2019%20Unit %20Shipment%20Data%20Summary %20Report.pdf.
10 ENERGY STAR Certified Room Air Cleaners Database. Accessed June 24, 2021. Available online at www.energystar.gov/productfinder/product/
certified-room-air-cleaners/.

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continuously uses around 550 kWh/
year.11
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 particulates and microorganisms from the air of non-portable products e.g., wallmounted, ceiling-mounted, whole-home units suggests 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
tentatively determines that the average annual per-household energy use for air cleaners is very likely to exceed 100
kWh/year, satisfying the provisions of 42 U.S.C. 6292b1.
DOE requests 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.
C. Preliminary Determination Based on the foregoing, DOE has tentatively determined that classifying air cleaners, as proposed to be defined in this document, is necessary and appropriate to carry out the purposes of EPCA; and the average annual perhousehold energy use by air cleaners is likely to exceed 100 kWh or its Btu equivalent per year. As such, DOE has preliminarily determined to classify air cleaners as a covered product under Part A of Title III of EPCA, as amended.
DOE requests comment on whether classifying air cleaners as a covered product is necessary or appropriate to carry out the purposes of EPCA.
V. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
This proposed determination has been determined to be not significant for purposes of Executive Order E.O.
12866, Regulatory Planning and Review, 58 FR 51735 Oct. 4, 1993. As a result, the Office of Management and Budget OMB did not review this proposed 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 11 Air Purifiers Cleaners. Accessed June 28, 2021. Available online at: www.energystar.gov/
products/air_purifiers_cleaners.

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analysis IRFA for any rule that by law must be proposed for public comment, unless the agency certifies that the proposed 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 impact of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsels website www.energy.gov/gc/office-assistantgeneral-counsel-legislation-regulationand-energy-efficiency.
This proposed determination would not establish test procedures or energy conservation standards for air cleaners.
If adopted, the proposed determination would only positively determine 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. Therefore, DOE initially concludes that the impacts of the proposed determination would not have a significant economic impact on a substantial number of small entities, and that the preparation of an IRFA is not warranted. DOE will transmit the 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. 605b.
C. Review Under the Paperwork Reduction Act Manufacturers of covered products must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment.
See generally 10 CFR part 429. The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act PRA. This requirement has been approved by OMB under OMB control number 19101400. Public reporting burden for the certification is estimated to average 35 hours per response,
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