Energy Conservation Program for Consumer Products: Test Procedures for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters, 52892-52907 [2010-21363]
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52892
Proposed Rules
Federal Register
Vol. 75, No. 167
Monday, August 30, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2009–BT–TP–0013]
RIN 1904–AB95
Energy Conservation Program for
Consumer Products: Test Procedures
for Residential Water Heaters, Direct
Heating Equipment, and Pool Heaters
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
and announcement of public meeting.
AGENCY:
In order to implement recent
amendments to the Energy Policy and
Conservation Act of 1975 (EPCA), the
U.S. Department of Energy (DOE)
proposes to amend its test procedures
for residential direct heating equipment
and pool heaters to provide for
measurement of standby mode and off
mode power use by these products.
Where appropriate, the amendments
would incorporate into the DOE test
procedures relevant provisions from the
International Electrotechnical
Commission’s (IEC) Standard 62301,
‘‘Household electrical appliances—
Measurement of standby power’’ (First
Edition 2005–06), as well as language to
clarify application of these provisions as
they specifically relate to measurement
of electrical standby mode and off mode
power consumption in direct heating
equipment and pool heaters.
This rulemaking also proposes a
number of definitions for key terms.
DOE has tentatively concluded that no
amendments are necessary to the test
procedure for residential water heaters
to address standby mode and off mode
power use, because the existing test
procedures for water heaters already
fully account for and incorporate the
standby mode and off mode energy
consumption. In addition, DOE
announces a public meeting to discuss
and receive comments on the issues
presented in this notice.
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SUMMARY:
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DOE will hold a public meeting
Friday, September 24, 2010, from 9 a.m.
to 4 p.m., in Washington, DC. DOE must
receive requests to speak at the public
meeting before 4 p.m., Friday,
September 10, 2010. DOE must receive
a signed original and an electronic copy
of statements to be given at the public
meeting before 4 p.m., Friday,
September 3, 2010.
DOE will accept comments, data, and
information regarding the notice of
proposed rulemaking (NOPR) before and
after the public meeting, but no later
than November 15, 2010. See section V,
‘‘Public Participation,’’ of this NOPR for
details.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 1E–245, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. To attend
the public meeting, please notify Ms.
Brenda Edwards at (202) 586–2945.
(Please note that foreign nationals
visiting DOE Headquarters are subject to
advance security screening procedures.
Any foreign national wishing to
participate in the public meeting should
advise DOE as soon as possible by
contacting Ms. Edwards to initiate the
necessary procedures.)
Any comments submitted must
identify the NOPR on Test Procedures
for Residential Water Heaters, Direct
Heating Equipment, and Pool Heaters,
and provide the docket number EERE–
2009–BT–TP–0013 and/or Regulatory
Information Number (RIN) 1904–AB95.
Comments may be submitted using any
of the following methods:
1. Federal eRulemaking Portal: http:
//www.regulations.gov. Follow the
instructions for submitting comments.
2. E-mail: EISA-Heat-Equip-2010-TP0013@ee.doe.gov. Include docket
number EERE–2009–BT–TP–0013 and/
or RIN 1904–AB95 in the subject line of
the message.
3. Postal Mail: Ms. Brenda Edwards,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121. Please
submit one signed paper original.
4. Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Telephone:
(202) 586–2945. Please submit one
signed paper original.
DATES:
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For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V, ‘‘Public Participation,’’ of
this document.
Docket: For access to the docket to
read background documents or
comments received, visit the U.S.
Department of Energy, Resource Room
of the Building Technologies Program,
950 L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024, (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Ms. Brenda Edwards at the
above telephone number for additional
information about visiting the Resource
Room.
FOR FURTHER INFORMATION CONTACT: Mr.
Mohammed Khan, U.S. Department of
Energy, Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–7892. E-mail:
Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9507. E-mail:
Eric.Stas@hq.doe.gov.
For information on how to submit or
review public comments and on how to
participate in the public meeting,
contact Ms. Brenda Edwards, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, EE–2J,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. E-mail:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Summary of the Proposal
III. Discussion
A. Determination Not To Amend Test
Procedures for Residential Water Heaters
B. Proposed Test Procedure Amendments
for Vented Heaters
1. Treatment of Fossil-Fuel Consumption
in Existing Test Procedures for FossilFuel Vented Heaters
2. Specific Amendments for Vented
Heaters
3. Active Mode Hours Approximated by
Burner Operating Hours for Vented
Heaters
4. Measurement of Standby Mode and Off
Mode Wattages of Vented Heaters
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5. Incorporating by Reference IEC Standard
62301 (First Edition 2005–06) for
Measuring Standby Mode and Off Mode
Energy Consumption for Vented Heaters
C. Proposed Test Procedure Amendments
for Unvented Heaters
D. Proposed Test Procedure Amendments
for Pool Heaters
1. Treatment of Fossil-Fuel Consumption
in Existing Test Procedures for Pool
Heaters
2. Treatment of Electricity Consumption in
Existing Test Procedures for Pool Heaters
3. Measurement of Standby Energy
Consumption in ANSI/ASHRAE
Standard 146–2006
4. Specific Amendments for Pool Heaters
5. Incorporating by Reference IEC Standard
62301 (First Edition 2005–06) for
Measuring Standby Mode and Off Mode
Energy Consumption for Pool Heaters
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
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, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
V. Public Participation
A. Attendance at the Public Meeting
B. Procedure for Submitting Requests To
Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
1. Incorporation of IEC Standard 62301
2. Separate Standard
VI. Approval of the Office of the Secretary
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291, et
seq.; ‘‘EPCA’’ or, in context, ‘‘the Act’’)
sets forth a variety of provisions
designed to improve energy efficiency.
Part A of Title III (42 U.S.C. 6291–6309)
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles,’’ including
residential water heaters, direct heating
equipment, and pool heaters (all of
which are referred to below as ‘‘covered
products’’).1 (42 U.S.C. 6291(1)–(2) and
6292(a)(4), (9) and (11))
Under the Act, the overall program
consists essentially of three parts: (1)
Testing; (2) labeling; and (3) Federal
1 All references to EPCA refer to the statute as
amended, including through the Energy
Independence and Security Act of 2007, Public Law
110–140.
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energy conservation standards. The
testing requirements consist of test
procedures, prescribed under EPCA,
that manufacturers of covered products
must use as the basis for certifying to
DOE that their products comply with
applicable energy conservation
standards adopted under EPCA and for
representations about the energy
consumption or energy efficiency of
those products. Similarly, DOE must use
these test procedures whenever testing
is required in an enforcement action to
determine whether the products comply
with energy conservation standards
adopted pursuant to EPCA.
Under 42 U.S.C. 6293, EPCA sets forth
criteria and procedures for DOE’s
adoption and amendment of such test
procedures. EPCA provides that any test
procedures prescribed or amended shall
be reasonably designed to produce test
results which measure energy
efficiency, energy use, or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use, and shall not
be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) In addition, if DOE
determines that a test procedure
amendment is warranted, it must
publish proposed test procedures and
offer the public an opportunity to
present oral and written comments
thereon. (42 U.S.C. 6293(b)(2)) Finally,
in any rulemaking to amend a test
procedure, DOE must determine to what
extent, if any, the proposed test
procedure would alter the measured
energy efficiency of any covered
product as determined under the
existing test procedure. (42 U.S.C.
6293(e)(1)) If DOE determines that the
amended test procedure would alter the
measured efficiency of a covered
product, DOE must amend the
applicable energy conservation standard
accordingly. (42 U.S.C. 6293(e)(2))
DOE’s test procedures for residential
water heaters are found in the Code of
Federal Regulations (CFR) at 10 CFR
430.23(e) and 10 CFR part 430, subpart
B, appendix E. The test procedures
include provisions for determining the
energy efficiency (energy factor (EF)), as
well as the annual energy consumption
of these products.
The direct heating equipment covered
product (not including furnaces) is
referred to as ‘‘home heating equipment’’
in CFR. Unlike central heating furnaces,
direct heating equipment is a covered
product which is designed to furnish
warmed air to the living space of a
residence, directly from the device,
without duct connections. There are
separate test procedures for the two
classes of home heating equipment,
specifically 10 CFR 430.23(g) and 10
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CFR part 430, subpart B, appendix G for
unvented home heating equipment, and
10 CFR 430.23(o) and 10 CFR part 430,
subpart B, appendix O for vented home
heating equipment. Taken together,
these two classes of home heating
equipment represent ‘‘direct heating
equipment,’’ the covered product listed
at 42 U.S.C. 6292(a)(9). (Hereafter in this
notice, the terms ‘‘vented heater’’ and
‘‘unvented heater’’ are used to describe
the two types of direct heating
equipment.) The vented heater test
procedures include provisions for
determining energy efficiency (annual
fuel utilization efficiency (AFUE)), as
well as annual energy consumption. The
unvented heater test procedures
currently have no provisions for
determining energy efficiency; however,
for unvented heaters that are the
primary heating source for the home,
there is a calculation of annual energy
consumption based on a single
assignment of active mode hours. For
unvented heaters that are not the
primary heating source for the home,
there are no calculation provisions for
efficiency or annual energy
consumption.
DOE’s test procedures for pool heaters
are found at 10 CFR 430.23(p) and 10
CFR part 430, subpart B, appendix P.
The test procedures include provisions
for determining two energy efficiency
descriptors (i.e., thermal efficiency and
pool heater heating seasonal efficiency),
as well as annual energy consumption.
On December 19, 2007, the Energy
Independence and Security Act of 2007
(EISA 2007), Public Law 110–140, was
enacted. The EISA 2007 amendments to
EPCA, in relevant part, require DOE to
amend the test procedures for all
covered products to include
measurement of standby mode and off
mode energy consumption. Specifically,
section 310 of EISA 2007 provides
definitions of ‘‘active mode,’’ ‘‘standby
mode,’’ and ‘‘off mode’’ (42 U.S.C.
6295(gg)(1)(A)); however, the statute
permits DOE to amend these definitions
in the context of a given product (42
U.S.C. 6295(gg)(1)(B)). The legislation
requires integration of such energy
consumption into the overall energy
efficiency, energy consumption, or other
energy descriptor for each covered
product, unless the Secretary
determines that—(i) the current test
procedures for a covered product
already fully account for and
incorporate the standby and off mode
energy consumption of the covered
product; or (ii) such an integrated test
procedure is technically infeasible for a
particular covered product, in which
case the Secretary shall prescribe a
separate standby mode and off mode
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energy use test procedure for the
covered product, if technically feasible.
(42 U.S.C. 6295(gg)(2)(A)).
Under the statutory provisions
introduced by EISA 2007, any such
amendment must consider the most
current versions of International
Electrotechnical Commission (IEC)
Standard 62301, ‘‘Household electrical
appliances—Measurement of standby
power’’ (First Edition 2005–06) and IEC
Standard 62087, ‘‘Methods of
measurement for the power
consumption of audio, video, and
related equipment’’ (Second Edition,
2008–09).2 Id. Further, section 310 of
EISA 2007 provides that any final rule
establishing or revising energy
conservation standards adopted on or
after July 1, 2010, must incorporate
standby mode and off mode energy use.
(42 U.S.C. 6295(gg)(3)(A)).
Accordingly, pursuant to section 310
of EISA 2007, DOE’s residential water
heater, direct heating equipment, and
pool heater test procedures must
account for standby mode and off mode
energy consumption. (42 U.S.C.
6295(gg)(2)) DOE test procedures are
needed that account for standby mode
and off mode energy use (to the extent
those operational modes apply to the
products in question), in order to permit
manufacturers to measure and certify
compliance with future amended energy
conservation standards that address
those modes for the products that are
the subject of this rulemaking. If
finalized, today’s proposal would also
provide DOE a means for determining
compliance with any future standards
adopted for these products that include
standby mode and off mode energy
consumption.
II. Summary of the Proposal
In today’s NOPR, DOE has tentatively
concluded that for residential water
heaters, there is no need to amend the
test procedures pursuant to EISA 2007.
Specifically, because the current test
procedures for residential water heaters
already fully account for and
incorporate standby mode energy
consumption, and because off mode is
not applicable to water heaters, no
amendment is required. (42 U.S.C.
6295(gg)(2)(A)(i)) A more complete
discussion is provided below in section
III.A.
For direct heating equipment and
pool heaters, DOE is proposing to
amend the test procedures in order to:
(1) Address the statutory requirement to
expand test procedures to incorporate
measurement of standby mode and off
2 IEC standards are available for purchase at:
https://www.iec.ch.
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mode power consumption; and (2)
provide a foundation for DOE to
develop, implement, and ensure
compliance with amended energy
conservation standards in the future that
address the energy use of these products
when in standby mode and off mode.
In addition to these statutory
requirements for amended test
procedures, EISA 2007 has three
separate provisions regarding the
inclusion of standby mode and off mode
energy use in any energy conservation
standard, which have bearing on the
current test procedures rulemaking.
First, test procedure amendments to
include standby mode and off mode
energy consumption shall not be used to
determine compliance with standards
established prior to the adoption of such
test procedure amendments. (42 U.S.C.
6295(gg)(2)(C)) Second, standby mode
and off mode energy use must be
included into a single amended or new
standard for a covered product adopted
in a final rule after July 1, 2010. Finally,
a separate standard for standby mode
and off mode energy consumption is
required if a single amended or new
standard is not feasible. (42 U.S.C.
6295(gg)(3)(B))
In order to accommodate the abovementioned first provision, DOE clarifies
that today’s proposed amended test
procedures would not alter the
measures of energy efficiency used in
existing energy conservation standards;
therefore, this proposal would not affect
a manufacturer’s ability to demonstrate
compliance with previously-established
standards. These amended test
procedures would become effective, in
terms of adoption into the CFR, 30 days
after the date of publication in the
Federal Register of the final rule in this
test procedures rulemaking. However,
DOE is proposing added language to the
regulations codified in the CFR that
would state that any added procedures
and calculations for standby mode and
off mode energy consumption resulting
from implementation of the relevant
provisions of EISA 2007 need not be
performed at this time to determine
compliance with the current energy
conservation standards. Subsequently,
and consistent with the second
provision above, manufacturers would
be required to use the amended test
procedures’ standby mode and off mode
provisions to demonstrate compliance
with DOE’s energy conservation
standards on the compliance date of a
final rule establishing amended energy
conservation standards for these
products that address standby mode and
off mode energy consumption, at which
time the limiting statement in the DOE
test procedure would be removed.
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Further clarification would also be
provided that as of 180 days after
publication of a test procedure final
rule, any representations as to the
standby mode and off mode energy
consumption of the products that are
the subject of this rulemaking would
need to be based upon results generated
under the applicable provisions of this
test procedure. (42 U.S.C. 6293(c)(2))
On November 24, 2006, DOE
published a notice in the Federal
Register announcing the availability of
and seeking comment on a framework
document to initiate rulemaking to
consider amended energy conservation
standards for residential water heaters,
direct heating equipment, and pool
heaters (hereafter the November 2006
Framework Document). 71 FR 67825.
The issuance of a framework document
is the first step in conducting an
appliance standards rulemaking.
The November 2006 Framework
Document was issued before the
enactment of EISA 2007, and
consequently, it did not address the
possible amendments to the test
procedure associated with the EISA
2007 legislative charge (i.e., the standby
mode and off mode provisions in 42
U.S.C. 6295(gg)(3)) DOE issued its final
rule revising energy conservation
standards for residential water heaters,
direct heating equipment, and pool
heaters on March 31, 2010, which was
published in the Federal Register on
April 16, 2010. 75 FR 20112. Because
publication of this final rule amending
the energy conservation standards for
these products was required to be
completed before July 1, 2010 (the date
after which any final rule establishing or
revising a standard must incorporate
standby mode and off mode energy use),
this standards final rule did not
necessarily need to incorporate standby
mode and off mode energy use.
Nonetheless, today’s proposal for
amended test procedures will allow
consideration of the standby mode and
off mode energy use of these products
in a subsequent standards rulemaking
(e.g., standards adopted after July 1,
2010).
As currently drafted, three of the test
procedures for the products at issue in
this rulemaking would require
amendment to account for standby
mode and off mode energy use as
required by EISA 2007. Specifically, the
test procedure for vented heaters would
need added measurement and
calculation provisions to integrate
electrical standby mode and off mode
energy use into the overall energy
consumption equations. Fossil-fuel
standby mode and off mode energy use
is already integrated into the vented
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heater test procedure (see section III.B.1
below). Test procedures for unvented
heaters would need added measurement
provisions of standby power (fossil-fuel
and electrical). However, for the reasons
explained in section III.C below, no
added calculations or new energy
efficiency descriptors are offered in
today’s proposal for unvented heaters.
Pool heater test procedures would need
added measurement and calculation
provisions for both electric and fossilfuel standby mode and off mode energy
use. Such energy use would need to be
incorporated into both the overall
energy consumption equations. As
noted above, the test procedures for
residential water heaters would not
need amendment, because standby
mode energy use is fully integrated into
the existing test procedure, and off
mode is not applicable for residential
water heaters.
In amending the current test
procedures for residential direct heating
equipment and pool heaters, DOE
proposes to incorporate by reference IEC
Standard 62301, ‘‘Household electrical
appliances—measurement of standby
power’’ (First Edition, 2005–06),
regarding test conditions and test
procedures for measuring standby mode
and off mode energy consumption. DOE
also proposes to incorporate productspecific definitions of ‘‘active mode,’’
‘‘standby mode,’’ and ‘‘off mode’’ that are
consistent with the guidance set forth
under 42 U.S.C. 6295(gg)(1)(A). Further,
DOE proposes to include in each test
procedure additional language that
would clarify the application of IEC
Standard 62301 for measuring standby
mode and off mode power
consumption.3
III. Discussion
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A. Determination Not To Amend Test
Procedures for Residential Water
Heaters
As noted above, DOE’s test
procedures for residential water heaters
are found at 10 CFR 430.23(e) and 10
CFR part 430, subpart B, appendix E.
These test procedures include
provisions for determining the energy
factor (EF) as well as the annual energy
consumption of those products. As
written, the test procedures include a
full year accounting of energy use, both
3 EISA 2007 directs DOE to also consider IEC
Standard 62087 when amending its test procedure
to include standby mode and off mode energy
consumption. See 42 U.S.C. 6295(gg)(2)(A).
However, IEC Standard 62087 addresses the
methods of measuring the power consumption of
audio, video, and related equipment. As explained
subsequently in this notice, the narrow scope of this
particular IEC Standard reduces its relevance to
today’s proposal.
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electricity and fossil fuel as applicable
to a given unit. The following explains
generally how water heater energy
consumption is determined under the
DOE test procedure. Specific
measurements are required to determine
the water heater’s energy performance
in providing a representative daily
amount of hot water. The measurements
are used to calculate two separate
performance metrics: (1) Recovery
efficiency, and (2) standby loss. Further
calculations provide for a
comprehensive efficiency descriptor
(EF) which represents the overall
efficiency of the water heater in
providing the representative daily
amount of hot water. Annual energy
consumption and cost are estimated by
extending this daily performance
measured by EF to a full year (i.e., 365
days).
There are some non-substantive
differences in terms of the terminology
used in the existing residential water
heater test procedures as compared to
what is used in EISA 2007. For example,
the test procedure’s standby loss is
expressed as either an hourly standby
loss or a heat loss coefficient, and while
not identical, it can be equated to EISA
2007’s ‘‘standby mode’’ energy use. In
addition, the EISA 2007 definition of
‘‘off mode’’ appears inapposite to water
heater operation. Water heaters are
assumed to operate all year either
actively heating water or incurring
energy consumption (loss) in standby
mode. There is no other mode of energy
consumption conceivable for these
products. Accordingly, to the extent
those terms apply, DOE believes the
full-year accounting of energy use as
currently presented in the DOE water
heater test procedure fully accounts for
measurement of active mode, standby
mode, and off mode energy
consumption, as required by EISA 2007.
Similarly, the water heater test
procedure’s efficiency descriptor Energy
Factor is a complete accounting of all
energy consumption possible for a
residential water heater.
In consideration of the above, DOE
has tentatively concluded that the
current test procedures for water heaters
already fully account for and
incorporate measurement of standby
mode and off mode energy
consumption, as required by EISA 2007.
(42 U.S.C. 6295(gg)(2)(A)(i))
B. Proposed Test Procedure
Amendments for Vented Heaters
As discussed above, EISA 2007
requires amendment of DOE’s test
procedures for direct heating equipment
to account for standby mode and off
mode energy consumption. This section
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discusses amendments for the test
procedure provisions for vented heaters,
and section III.C addresses test
procedure amendments for unvented
heaters. Specifically, the vented heater
test procedures require additional
measurement and calculation provisions
in order to account for electrical standby
mode and off mode energy use. Fossilfuel standby mode and off mode energy
use is already integrated into the vented
heater test procedure.4
As a first step in addressing the
requirements of EISA 2007, DOE
believes the relevant terms and concepts
from that statute need clarification as
they apply to vented heaters. While
EISA 2007 provided definitions and
concepts that are generally applicable
and workable within the context of the
existing vented heater test procedure,
some clarifying language is necessary to
address the specific characteristics of
the products relevant to this
rulemaking. The following paragraphs
discuss these proposed clarifications.
Section 310(3) of EISA 2007 defines
‘‘active mode’’ as ‘‘* * * the condition
in which an energy-using product—(I) is
connected to a main power source;
(II) has been activated; and (III) provides
1 or more main functions.’’ (42 U.S.C.
6295(gg)(1)(A)(i)) This statutory
definition of ‘‘active mode’’ is
comparable to what is referred to as ‘‘oncycle’’ in the current vented heater test
procedures. 10 CFR part 430, subpart B,
appendix O, section 4.0 Calculations.
On-cycle is the period during the
heating season when the vented heater
is performing its main function (i.e.,
heat delivery). The heat delivery process
begins with the activation of the burner
followed by, or simultaneously with, the
activation of circulating fans, and ends
with the deactivation of these
components. As discussed in section
III.B.3 below, the duration of on-cycle
can be estimated in the test procedure
as burner operating hours (BOH).
Section 310(3) of EISA 2007 defines
‘‘standby mode’’ as ‘‘* * * the condition
in which an energy-using product—(I) is
connected to a main power source; and
(II) offers 1 or more of the following user
oriented or protective functions: (aa) To
facilitate the activation or deactivation
of other functions (including active
mode) by remote switch (including
remote control), internal sensor, or
timer; (bb) Continuous functions,
including information or status displays
(including clocks) or sensor-based
functions.’’ (42 U.S.C.
4 Vented heaters can be fueled by natural gas,
propane, or oil. For simplicity, the expressions
‘‘fossil-fueled’’ or ‘‘fossil-fuel’’ will be used to
include all three fuel types.
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6295(gg)(1)(A)(iii)) The statutory
definition of ‘‘standby mode’’ is
comparable to what is referred to as ‘‘offcycle’’ in the current vented heater test
procedure. 10 CFR part 430, subpart B,
appendix O, section 4.0 Calculations.
The duration of off-cycle would be the
total time during the heating season
when the vented heater is connected to
power sources and not in active mode.
Section 310(3) of EISA 2007 defines
‘‘off mode’’ as ‘‘* * * the condition in
which an energy-using product—(I) is
connected to a main power source; and
(II) is not providing any standby or
active mode function.’’ (42 U.S.C.
6295(gg)(1)(A)(ii)) For vented heaters,
off mode would occur during the nonheating season when the vented heater
is connected to power sources but is not
activated to provide heat. The statutory
definition of ‘‘off mode’’ is comparable
to what is referred to as non-heating
season in the current vented heaters test
procedure. The proposed definitions are
located in 10 CFR part 430, subpart B,
appendix O, section 4.0 Calculations.
DOE believes these proposed
definitions provide the clarification
necessary to carry out the requirements
of EISA 2007 without unduly
complicating matters by addressing the
potential for minor inaccuracies, such as
those that might be caused by slight
differences in run times for burners and
air circulating fans (see section III.B.3
below). DOE requests comments on this
approach for characterizing the active
mode, standby mode, and off mode
operation of vented heaters.
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1. Treatment of Fossil-Fuel
Consumption in Existing Test
Procedures for Fossil-Fueled Vented
Heaters
DOE has tentatively concluded that
the existing test procedures for vented
heaters already fully account for and
integrate standby mode and off mode
fossil fuel energy consumption.5
Underlying the basis for this conclusion
is the manner in which gas
consumption is accounted for in two of
the test procedure’s efficiency metrics,
the part-load fuel utilization efficiency
and the Annual Fuel Utilization
Efficiency (AFUE).
The existing test procedure for vented
heaters is a flue loss procedure which,
accordingly, requires measurement of
5 The only possible fossil fuel standby mode or off
mode energy use for vented heaters would be the
energy consumption associated with a constantburning pilot light. Therefore, only gas-fired vented
heaters are a part of this discussion, where the term
‘‘gas-fired’’ encompasses both natural gas and
propane. Oil-fired vented heaters do not have pilot
lights. In the case of electrical energy use, all types
of vented heaters may have measurable standby
mode and off mode energy use.
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temperatures and percent
concentrations of carbon dioxide (CO2)
in the flue. The fossil fuel and electric
input is measured within a tolerance of
the nameplate input.6 For units
equipped with a constant-burning pilot
light, a separate measurement of energy
input to the pilot light is required. An
exception to the pilot light measurement
requirement is granted to manuallycontrolled heaters where the pilot light
is designed to be turned off by the user
when the heater is not in use and where
the unit is labeled with instructions to
do so.
From this relatively limited set of
data, on-cycle and off-cycle losses are
determined using empirical coefficients
and a suite of calculations that address
various design features such as manual
and modulating controls. Direct
measurement of draft coefficients for
units that are installed with thermal
stack dampers is required. At the
manufacturer’s discretion, this direct
measurement procedure is optional for
vented heaters without thermal stack
dampers. The gas pilot light
consumption is present during testing
and is, therefore, accounted for in the
off-cycle.
The test procedure’s on-cycle and offcycle provisions are essentially identical
in meaning to the EISA 2007 statutory
definitions of ‘‘active mode’’ and
‘‘standby mode,’’ respectively. This oncycle/off-cycle format provides a
complete accounting of gas energy use
during the entire heating season. In
EISA 2007 terminology, gas
consumption in both active mode and
standby mode is fully accounted for and
integrated into the test procedure’s
primary efficiency metric, part-load fuel
utilization efficiency.
A second efficiency descriptor, AFUE,
provides an accounting of the nonheating-season fossil-fuel energy
consumption (i.e., pilot light energy
consumption). Non-heating season
directly relates to the EISA 2007
definition of ‘‘off mode.’’ Accordingly,
DOE has tentatively concluded that the
AFUE provides a full accounting of
fossil-fuel off mode energy consumption
pursuant to EISA 2007.
Part-load efficiency is calculated for
vented heaters with manual controls
and thermal dampers. For all other
vented heaters, the calculations produce
an AFUE without separately calculating
part-load efficiency. Nonetheless,
regardless of whether part-load
efficiency is separately calculated or
6 Nameplate input is the energy supply rate in
Btus per hour, which is physically listed on the
tested vented heater. Testing at this input would be
the most appropriate and consistent way to specify
a uniform test input rate.
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not, AFUE represents a full accounting
of annual fossil-fuel consumption (i.e.,
active mode, standby mode, and off
mode) into a single efficiency
descriptor.
In addition to the efficiency
descriptors discussed above, the vented
heater test procedure’s annual energy
consumption calculations also represent
a complete accounting of fossil-fuel
energy consumption.
In sum, the energy efficiency and
consumption equations in the existing
test procedures for vented heaters
provide an entire year’s accounting of
fossil-fuel energy consumption (i.e.,
8,760 hours),7 which includes active
mode, standby mode, and off mode
energy consumption, as required under
EISA 2007. Given that EISA 2007 does
not prescribe any time periods over
which to measure the energy
consumption for all three modes, DOE
believes it is reasonable to interpret the
Act as permitting the consolidation of
active mode, standby mode, and off
mode together into an entire year’s
accounting.
In consideration of the above, and
pursuant to section 310(2)(A)(i) of EISA
2007, DOE has tentatively concluded
that the existing test procedures for
vented heaters already fully account for
and integrate standby mode and off
mode fossil-fuel energy consumption.
2. Specific Amendments for Vented
Heaters
Some vented heaters have electric
auxiliaries. In most cases, the only
electric auxiliary associated with vented
heaters is the air circulating fan.
However, it is conceivable that other
auxiliaries, such as power burners and
damper controls, could be present, and
such devices may have associated
electric standby mode and off mode
energy consumption. The vented heater
test procedure, as written, requires
measurement of maximum auxiliary
electric power and does not distinguish
separate measurements of multiple
components. For vented heaters so
equipped, this maximum auxiliary
electric power measurement would
include the total active wattage of
multiple auxiliaries. DOE believes this
single measurement of maximum active
wattage coupled with the estimate of
active hours, discussed below in section
III.B.3, constitutes a full accounting of
what EISA 2007 refers to as active mode
electrical consumption. Accordingly, no
amendments are offered today to
expand the active mode accounting of
electrical energy consumption.
7 Each year comprises 8,760 hours—i.e. (365
days/year) × (24 hours/day) = 8,760 hours/year.
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However, since operation of vented
heaters with electric auxiliaries may
also result in electric energy
consumption in standby mode and off
mode, and since electric standby mode
and off mode are not accounted for, it
will be necessary to amend the vented
home heating equipment test
procedures. First, it is necessary to
include a measurement of the standby
mode and off mode electrical
consumption rate (i.e., wattages). This
can be done by adding a new subsection
to the vented home heating equipment
test procedure. Specifically, separate
measurements of standby mode and off
mode wattages can be added to section
3.0, Testing and measurements, of 10
CFR part 430, subpart B, appendix O.
For these provisions, DOE proposes to
reference IEC Standard 62301 for the
measurement itself. The added section
would require only one measurement of
wattage if there is no difference between
standby mode and off mode. Separate
measurements would be required if a
difference is expected. Clarification of
the requirement for separate
measurements is provided in section
III.B.4.
It is further clarified in this added
section that the existing test procedure
specifications for ambient temperature
and voltage shall apply in lieu of the
IEC 62301 standard provisions for these
parameters. This is done to avoid the
possibility of unnecessary burden that
might result if the slightly different IEC
provisions were required. These
parameters have little bearing on the
measurement of electrical standby mode
and off mode energy consumption as
long as they are reasonably uniform
during the test. The existing test
procedure requires uniform control of
these parameters and, thus, should
suffice for these added measurements.
A second amendment is needed to
specify how to calculate the annual
electrical standby mode and off mode
energy consumption from the measured
wattages. This can be done by adding a
new calculation subsection within
existing section 4.0, Calculations, of 10
CFR part 430, subpart B, appendix O.
The new subsection would be
designated as 4.7, Average annual
electric standby mode and off mode
energy consumption. This added
subsection would assign mode hours
consistent with the annual accounting
already in the test procedure.
Specifically, off mode hours would be
assigned the test procedure’s value for
non-heating season hours. Standby
mode hours would be assigned the test
procedure’s value for heating season
hours minus the active mode hours,
where active mode hours would be
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assigned the test procedures value for
burner operating hours.
No changes to the current regulating
quotient, AFUE, are proposed.
Therefore, the proposed test procedure
amendments related to standby mode
and off mode would not impact testing
and certification under the existing
energy conservation standard (which
does not currently address standby
mode and off mode energy consumption
in a comprehensive manner). DOE
considered proposing an integrated
AFUE that would incorporate the
standby mode and off mode energy
consumption into the existing AFUE by
adding this additional energy
consumption to the active energy
consumption within the AFUE quotient.
However, DOE has determined that such
integration is technically infeasible for
vented heaters. This is because the
standby mode and off mode energy
usage is essentially not measureable due
to the fact that most manufacturers’
ratings of AFUE (as well as the current
energy conservation standards) are
presented to the nearest whole number,
and the magnitude of the energy for
standby mode and off mode would be so
comparatively small that it would be
unlikely to change the reported value.
For example, assuming a representative
4 watts 8 of standby mode and off mode
power might only represent 0.3 percent
of the total active energy consumption,
and it is expected that in most cases, no
change in the reported AFUE would
result because of the integration.
DOE’s proposed approach would
allow for the measurement of standby
mode and off mode electrical energy
consumption of different vented heater
products. Although the magnitude of
energy savings may be small for a given
unit, it could be substantial when
aggregated across the full range of
covered products over the 30-year
analysis period. DOE plans to further
address the standby mode and off mode
electrical energy consumption of vented
heaters in the next standards
rulemaking.
DOE seeks comment on its tentative
conclusion that it would be technically
infeasible to adopt an integrated AFUE
for vented heaters, as well as the
8 DOE does not have complete knowledge of the
range of expected standby wattages for all types of
vented heaters at this time, but it is assumed to be
less than the 7-watt average that DOE has
determined for central furnaces. This is because
vented heaters typically do not have as extensive
an array of electrical components and controls as
compared to central furnaces. For example, a
vented heater may have one small fan as its only
electrical component, whereas a central furnace
might have a larger circulating fan, electrical power
burners, igniters, and considerably more associated
electronic controls.
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accuracy of the assumptions made
regarding the relative magnitude of the
standby mode and off mode energy
consumption for vented heaters.
3. Active Mode Hours Approximated by
Burner Operating Hours for Vented
Heaters
As mentioned above in section III.B.2,
today’s proposal would assign active
mode hours of a particular vented heater
as its burner operating hours (BOH).
BOH is a calculated value in the existing
test procedure for gas-fired and oil-fired
vented heaters. BOH is determined by
estimating the expected annual heating
load and deducing the burner on hours
necessary to address the annual heating
load. BOH is exactly the active mode
hours for the burner itself. However, the
blower and other electric auxiliaries
may have different active mode hours
because of intentional time delays and
overruns. This possible slight
inaccuracy in the active mode hours
accounting would be expected to have
an insignificant effect on the overall
accounting of standby mode and off
mode energy consumption, considering
the order of magnitude difference
between standby mode and off mode
hours compared to active mode hours.
For example, assuming a representative
BOH of 800 hours, the corresponding
standby mode and off mode hours
would be 7,960 hours (8,760¥800);
accordingly, a one-percent error in BOH
would result in a 0.1-percent error in
standby mode and off mode accounting.
Therefore, considering the complexity
and increased burden of expanding the
accounting to provide detailed auxiliary
run hours with no significant
improvement in quantifying the
magnitude of standby mode and off
mode energy consumption, DOE
maintains that assigning active mode
hours for all electrical auxiliaries as
burner operating hours is both uniform
and reasonable.
4. Measurement of Standby Mode and
Off Mode Wattages of Vented Heaters
Today’s proposed amendments allow
for a single wattage (i.e., electrical
power) measurement to serve as both
standby mode wattage and off mode
wattage. DOE has tentatively concluded
that this is a reasonable approach when
there is expected to be no difference
between the two modes in terms of
wattage. This would be the case for most
vented heater designs where the
appliance is not disconnected from the
electric power source or where there is
an absence of some other condition that
would affect standby mode and off
mode wattage. The utilization of a
seasonal off switch would be a case
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jlentini on DSKJ8SOYB1PROD with PROPOSALS
where a reduction or elimination of off
mode wattage compared to standby
mode wattage can be expected. On units
so equipped, a separate measurement of
off mode wattage would be required,
and zero wattage for off mode would be
a distinct possibility. Although DOE is
not currently aware of some other factor
or condition that might affect a
difference between standby mode and
off mode, a separate measure of off
mode wattage would also be required
anytime the wattages are expected to
differ.
DOE believes the phrases ‘‘reduction
or elimination’’ and ‘‘seasonal off
switch’’ are unambiguous and clear
enough to direct the testing official as to
when a separate measurement of off
mode wattage is needed. DOE invites
comments on the appropriateness and
workability of these provisions.
5. Incorporating by Reference IEC
Standard 62301 (First Edition 2005–06)
for Measuring Standby Mode and Off
Mode Energy Consumption for Vented
Heaters
As noted previously, EPCA, as
amended by EISA 2007, requires that
test procedures be amended to include
standby mode and off mode energy
consumption, taking into consideration
the most current versions of Standards
62301 and 62087 of the International
Electrotechnical Commission. (42 U.S.C.
6295(gg)(2)(A)) Today’s amendments
would reference the IEC Standard 62301
to obtain the standby mode and off
mode measured wattage. The amended
test procedure would use these
measured wattages in calculations to
accomplish the incorporation of standby
mode and off mode energy consumption
into the test procedures. DOE reviewed
the IEC Standard 62301 and believes it
is generally applicable to vented heater
testing, although some clarification is
needed. Specifically, because there is a
possible conflict with provisions of the
existing procedures, DOE is clarifying in
the proposed standby mode and off
mode measurement provisions that the
accuracy and precision provisions of the
IEC Standard 62301 are to be used in
lieu of the existing test procedure
accuracy provisions. The issues
addressed in the IEC Standard 62301 of
supply voltage waveform and power
measurement accuracy apply to any
measurement of low electrical power,
including the low-power measurement
for vented heater standby mode and off
mode. The existing test procedures’
accuracy and measurement provisions
will still apply to the measurement of
active mode electricity consumption.
Further, it is clarified that the existing
test procedure’s specification of room
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ambient temperature and voltage, and
not the corresponding specifications of
the IEC Standard, will apply for these
measurements. The IEC specification of
room ambient conditions is slightly
more restrictive than those of the
existing DOE test procedure. However,
DOE has tentatively concluded that
there would be no meaningful
difference in wattage measurement
resulting from the two differing
specifications. Overall, IEC Standard
62301 is concise and well organized,
and its use should not pose a significant
burden to anyone having the ordinary
skill and knowledge associated with the
vented heater manufacturing and testing
industries.
DOE also reviewed IEC Standard
62087, which specifies methods of
measuring the power consumption of
television (TV) receivers, video cassette
recorders (VCRs), set top boxes, audio
equipment, and multi-function
equipment for consumer use. IEC
Standard 62087 does not, however,
include measurement for the power
consumption of electrical appliances
such as vented heaters. Therefore, DOE
has tentatively concluded that IEC
Standard 62087 is unsuitable for use
regarding the proposed amendments to
the vented heater test procedures.
C. Proposed Test Procedure
Amendments for Unvented Heaters
Consistent with the requirements of
EISA 2007, today’s proposal also
includes test procedure amendments to
address the standby mode and off mode
energy consumption of unvented
heaters. These amendments are less
involved, as compared to those for
vented heaters. Specifically, to effect the
necessary changes for unvented heaters,
DOE proposes to add only certain
measurement provisions to the existing
test procedure. DOE has tentatively
concluded that no added or amended
calculations to quantify annual standby
mode and off mode energy use are
necessary. The reasons for this approach
are discussed below in detail. DOE
believes that its proposed amendments
are appropriate for unvented heater
products and are consistent with the
direction provided in EISA 2007 for
both test procedures and standards. (42
U.S.C. 6295(gg)(2) and (3))
By way of background, the unvented
heater test procedure is found at 10 CFR
430.23(g) and 10 CFR part 430, subpart
B, appendix G. This test procedure
applies to the active mode of both
electric and fossil-fueled unvented
heaters, and it only requires
measurement of input energy rate (e.g.,
Btu’s/hour). Output energy rate is
simply equated to input energy rate,
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because all the input energy is delivered
to the heated space as useful heat. This
energy rate is converted by
mathematical constants to either dollars
per million Btu’s output and/or annual
energy consumption. (Annual energy
consumption is calculated only for
heaters that are the primary heating
source for the entire house.
Supplemental heaters only require
calculation of dollars per million Btu’s.)
As currently written, this test procedure
generally reflects the lack of any
appreciable energy performance
difference among models of this product
subcategory. This product subcategory
has not been subject to any labeling
requirements or energy conservation
standards, because of the lack of
appreciable performance difference as
would support regulation. As
mentioned above, pursuant to EISA
2007, DOE must now include provisions
to measure standby mode and off mode
energy use in the test procedures used
for these and many other products. This
brings up the question of whether
unvented heaters use energy in standby
mode or off mode and whether this
energy consumption might be regulated.
DOE anticipates that such test
procedure amendments could identify
an opportunity for energy performance
improvements in unvented heater
models, which would in turn require
DOE to consider regulating this energy
performance.
DOE realizes that this product
subcategory presents a unique set of
circumstances when addressing the
applicable provisions of EISA 2007,
particularly the requirement to
eventually include standby mode and
off mode energy consumption in a
future energy conservation standard.
First, unlike other test procedures,
appendix G does not include energy
efficiency or energy use metrics that
would allow for the integration of
standby mode and off mode energy use.
Instead, it merely provides a measure of
energy consumption for that unit. As a
consequence, there currently exists no
basis to establish what EISA 2007 would
call a single or integrated standard for
the energy efficiency of unvented
heaters.
Second, standby mode energy use
(defined as energy use during the
heating season when the heater is not
on) is as effective in heating the space
as active mode energy use. Therefore,
this energy consumption is not energy
waste, but, rather, it is useful output.
Accordingly, it may not be beneficial to
measure this energy use or appropriate
to consider its regulation in an energy
conservation standard, unless it is
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properly considered as part of the
overall system.
Finally, off mode energy consumption
(defined as non-heating-season energy
consumption) could be considered
ineffective energy use and, accordingly,
could be minimized by prescribing a
separate energy conservation standard.
However, defining a representative off
mode for this subcategory is difficult
because of the lack of data on consumer
use. For example, prior to the present
rulemaking proceeding, DOE has not
been aware of data, or attempted to
collect data, on the fraction of the year
unvented heaters might be unplugged or
otherwise disconnected from the energy
source, and the extent to which pilot
lights are turned off during the nonheating season.
This unique set of circumstances
formed the basis of an inquiry to nine
manufacturers of unvented heaters, a
number which DOE believes would
provide representative input from the
affected industry. Specifically, a request
for information regarding possible
standby mode and off mode energy use
for unvented heaters was sent to
manufacturers in March 2009. This
request for information outlined the
issue and asked specific questions
designed to aid DOE in addressing the
requirements of EISA 2007 for these
products. The letter and responses
received are available at: https://
www1.eere.energy.gov/buildings/
appliance_standards/residential/
water_pool_heaters_tp_nopr.html.
Basically, all respondents agreed as to
the unique set of circumstances for this
product type. The respondents reported
that standby mode and off mode energy
use is present in some designs of
unvented heaters. Specifically, fossilfueled unvented heaters could have
constant-burning pilot lights and
electric remote controls, both of which
would contribute to standby mode and
off mode energy use. Similarly, electric
heaters could have remote controls that
would contribute to off mode energy
use. All respondents agreed that it is
difficult to define an average
representative use cycle for these
products, particularly in the off mode.
One respondent, the Association of
Home Appliance Manufacturers
(AHAM), suggested that the off mode be
ignored entirely for portable electric
heaters, considering the evidence of
these units being unplugged when not
in use. Specifically, AHAM stated that
consumer data, collected by The
Stevenson Group for AHAM in 2004,
reports that 86 percent of the consumers
unplug their portable electric heaters
per the safety instructions. (AHAM, No.
2 at pp. 1–2)
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In consideration of all of above, DOE
believes that the best way to satisfy the
EISA 2007 test procedure requirements
is to propose additional measurement
provisions for standby mode and off
mode energy rates without attempting to
define an average representative use
cycle. The added measurement
provisions for pilot lights would be
similar those already incorporated in
vented heater test procedure. The added
measurement provisions for electrical
standby mode and off mode energy use
rates would be similar to what is
proposed today for vented heaters. Both
of these added provisions would allow
for exemption from measurement if
there is means to disconnect the power
source when not in use and instructions
to do so are clearly visible. This
exemption from measurement is
identical to what is currently in the
existing vented heater test procedures as
applied to pilot lights on manuallycontrolled heaters. DOE believes this
exemption from measurement should
apply to unvented heaters so equipped.
The proposed approach does not
relinquish DOE’s authority to regulate
unvented direct heating equipment,
given the statutory directive to consider
amended standards for ‘‘direct heating
equipment’’ generally. (42 U.S.C.
6295(e)) The results of the additional
measurements provisions could be used
to regulate standby mode and off mode
energy use for these products.
DOE is interested in receiving
comment on its tentative decision not to
define a representative use cycle for
unvented heaters and the sufficiency of
the proposed amendments. DOE is
particularly interested in data that might
allow for more complete treatment of
unvented heaters.
D. Proposed Test Procedure
Amendments for Pool Heaters
As indicated above, EISA 2007
requires amendment of the test
procedures for pool heaters to account
for standby mode and off mode energy
consumption. The applicable pool
heater test procedure is found at 10 CFR
430.23(p) and 10 CFR part 430, subpart
B, appendix P. As explained below,
consumption of fossil fuel in the
standby mode is already included in the
existing test procedure’s calculations.
However, DOE is proposing to add a
specific measurement procedure for
fossil-fuel standby mode and off mode
energy consumption, because there is
currently no protocol for actual
measurement of such energy
consumption. In addition, measurement
and calculation provisions need to be
added for off mode fossil-fuel energy
consumption. Furthermore, the test
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procedures need additional
measurement and calculation provisions
to integrate electrical standby mode and
off mode energy use, as required by
EISA 2007. The sections below explain
the existing test procedure’s
requirements for measuring the fossilfuel and electrical energy consumption
of pool heaters, followed by a
discussion of DOE’s proposed
amendments pertaining to the
measurement of standby mode and off
mode energy consumption for these
products.
1. Treatment of Fossil-Fuel
Consumption in Existing Test
Procedures for Pool Heaters
The existing DOE test procedure for
pool heaters is based on a steady-state
measure of thermal efficiency in active
mode, as specified by ANSI Standard
Z21.56–1994, ‘‘Gas-Fired Pool Heaters.’’
(It is noted that ‘‘thermal efficiency’’ is
specified by statute as the regulating
efficiency descriptor. (42 U.S.C.
6291(22)) It is also noted that the
current version of this ANSI standard
was released in 2006. Upon review,
DOE found no substantive differences
between the 1994 version and the 2006
version, and accordingly, DOE is
proposing to update the incorporation
by reference in DOE’s regulations at 10
CFR 430.3.) The DOE pool heater test
procedure as it now appears in 10 CFR
part 430, subpart B, appendix P extends
this ANSI procedure by creating a
heating seasonal efficiency descriptor
(EFFYHS). The heating seasonal
efficiency accounts for active and
standby modes of fossil-fuel energy
consumption, and unlike thermal
efficiency, it also accounts for auxiliary
electrical energy consumption in the
active mode, which is identified in the
test procedure as the period of time
when the main heating device is
energized.
Fossil-fuel energy consumption in the
standby mode, which is essentially the
pilot light energy consumption (QP), is
included in the existing test procedure’s
calculations of heating seasonal
efficiency. The term Qp is currently
included in the test procedures’
equations without a specified protocol
to ascertain the value of Qp. No default
value for Qp is specified, so it is not
clear how this value is obtained.
Accordingly, today’s proposal would
provide a method by which to measure
the pilot light energy consumption to
help quantify fossil fuel consumption in
the standby mode.
The existing test procedures’ heating
seasonal efficiency includes an
accounting of fossil-fuel standby mode
that DOE believes is consistent with
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EISA 2007 guidance for standby mode.
Specifically, standby mode is when the
pool heater is connected to the main
power source but the heater’s main
heating device is not functioning. The
test procedure establishes that the
duration of the standby mode is
equivalent to the number of pool
operating hours (POH) during the year
(4,464 hours) minus the burner
operating hours (BOH = 104 hours),
where 4,464 and 104 are assigned values
already in the existing test procedure.
DOE believes this accounting is
consistent with EISA 2007 and,
accordingly, should remain as the basis
of incorporating standby mode. Under
today’s modified approach, the active
mode rate of consumption would be
multiplied by the time during which the
pool heater is in the active mode, and
the standby mode rate of consumption
would be multiplied by the time during
which the pool heater is in the standby
mode.
The existing DOE pool heater test
procedure does not account for off mode
fossil-fuel energy consumption (i.e., the
amount of energy used when the pool
heater is not in service). Off mode
operation would occur outside the pool
heating season that is currently
described in the test procedure by the
average number of pool operating hours
during the year, which is defined as
4,464 h per year throughout the country.
The pilot light energy consumption
during this period would be an example
of off mode fossil-fuel energy
consumption. Under the modified
approach, DOE proposes to now include
off mode fossil-fuel energy consumption
measurement provisions and to
incorporate the results into the test
procedures’ energy usage and efficiency
equations. Again, under today’s
modified approach, the off mode rate of
consumption would be multiplied by
the time during which the pool heater
is in the off mode. However, for pool
heaters with a seasonal off switch, off
mode fossil-fuel energy consumption
would be assigned a value of zero.
2. Treatment of Electricity Consumption
in Existing Test Procedures for Pool
Heaters
As mentioned in section III.D.1, the
electricity consumption during active
mode is incorporated in the heating
seasonal efficiency descriptor, but
electricity consumption during the
standby mode or off mode is not
considered in the existing DOE pool
heater test procedure. Under the
modified approach, DOE proposes to
introduce standby mode and off mode
electrical energy consumption
measurement provisions and to
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incorporate the results into the test
procedures’ energy usage and efficiency
equations. However, for pool heaters
with a seasonal off switch, off mode
electrical energy consumption would be
assigned a value of zero.
3. Measurement of Standby Energy
Consumption in ANSI/ASHRAE
Standard 146–2006
ANSI/ASHRAE Standard 146–2006,
‘‘Method of Testing and Rating Pool
Heaters,’’ extends the procedure
specified by ANSI Standard Z21.56 by
including a test in which the energy
consumption in standby mode is
measured. During this 60-minute
standby test, the thermostat setting for
the pool heater is set low enough so that
the pool heater does not enter active
mode during the test. The total
electricity and natural gas energy
consumption is measured over this 60minute period and added to provide a
metric for standby mode energy
consumption. Today’s NOPR proposes
to adopt a similar approach to measure
standby mode and off mode energy
consumption. DOE believes that ANSI/
ASHRAE 146–2006 cannot be adopted
‘‘as-is’’ because there are some
terminology differences specific to
implementation of the requirements of
EISA 2007. For example, there is no
measurement or definition of ‘‘off mode’’
in ANSI/ASHRAE 146–2006.
4. Specific Amendments for Pool
Heaters
The proposed amendments to
appendix P would modify the existing
test procedure by adding a standby
mode energy consumption measurement
that is similar to that used in the
ASHRAE Standard 146, ‘‘Method of
Testing for Rating Pool Heaters,’’ but
that is tailored to address the specific
concepts of EISA 2007. Specifically, a
definition section would be added to the
test procedure to clarify the EISA 2007
definitions of ‘‘active mode,’’ ‘‘standby
mode,’’ and ‘‘off mode,’’ as applied to
pool heaters. Separate measurement and
calculation provisions would be added
to allow separate quantification of
standby mode and off mode energy
consumption. A new efficiency
descriptor, integrated thermal
efficiency, would replace the heating
seasonal efficiency to allow for
integration of standby mode and off
mode energy consumption into a single
efficiency measure. The term ‘‘integrated
thermal efficiency’’ is used to maintain
consistency with the statute. This
approach would allow for the
integration and incorporation of standby
mode and off mode energy consumption
into both the test procedure and an
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energy conservation standard, as called
for in 42 U.S.C. 6295(gg)(2)(A) and 42
U.S.C. 6295(gg)(3) respectively. The
thermal efficiency descriptor will
remain in the test procedure to provide
the regulating basis for the current
energy conservation standard.
Unlike the integrated AFUE for
vented heaters discussed above, DOE
has tentatively concluded that the
integrated thermal efficiency is
technically feasible and would provide
measurable performance differentiation,
because the added standby mode and off
mode energy consumption is significant
relative to the active energy
consumption of the original thermal
efficiency. There are two contributing
factors to this conclusion: (1) The added
energy consumption includes both fossil
fuel and electrical energy consumption,
and (2) the active energy consumption
is relatively smaller because of the
smaller number of active mode hours for
pool heaters as compared to vented
heaters. As a result, the pilot light alone
would be expected to have the effect of
reducing the thermal efficiency by a few
percentage points.
Additionally, the proposed
amendments to appendix P would
update the references to ANSI Standard
Z21.56–2006, the most recent version of
that standard. As noted above, DOE has
compared this version with the
currently-referenced version from 1994
and found no substantive differences
between the two test methods.
5. Incorporating by Reference IEC
Standard 62301 (First Edition 2005–06)
for Measuring Standby Mode and Off
Mode Energy Consumption for Pool
Heaters
As noted previously, EPCA, as
amended by EISA 2007, requires that
DOE test procedures be amended to
include standby mode and off mode
energy consumption, taking into
consideration the most current versions
of Standards 62301 and 62087 of the
International Electrotechnical
Commission. (42 U.S.C. 6295(gg)(2)(A))
Today’s amendments to the pool heater
test procedure would incorporate by
reference IEC Standard 62301 to obtain
the standby mode and off mode
measured wattage. Today’s proposed
test procedure amendments would use
these measured wattages in calculations
to accomplish the incorporation of
standby mode and off mode energy
consumption into the test procedures.
DOE is proposing the following
clarifications to avoid any conflicts
between the existing test procedure and
IEC Standard 62301. First, DOE
proposes to clarify that the room
ambient temperature and voltage
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specifications of the existing test
procedure would suffice to carryout the
new wattage measurements and should
continue to be used rather than the
corresponding specifications of room
ambient temperature and voltage in IEC
Standard 62301. DOE has tentatively
concluded that there would be no
meaningful difference in the wattage
measurement resulting from the slightly
differing specifications for room
ambient temperature and voltage.
Second, DOE would clarify that the
accuracy and measurement provisions
of IEC Standard 62301 are appropriate
for these measurements and would
supersede the corresponding provisions
of the existing test procedure. DOE
believes the issues addressed in section
5 of IEC Standard 62301, related to
supply voltage waveform and power
measurement accuracy, would apply to
any measurement of low electrical
power, including the low-power
measurement for pool heater standby
mode and off mode. The existing test
procedure’s accuracy and measurement
provisions will still apply to the
measurement of active mode electricity
consumption. In general, DOE believes
IEC Standard 62301 is concise and well
organized and would not impose a
significant burden, given the
considerable skill and knowledge base
present in the pool heater
manufacturing and associated testing
industries.
DOE also reviewed IEC Standard
62087, which specifies methods of
measuring the power consumption of
TV receivers, VCRs, set top boxes, audio
equipment, and multi-function
equipment for consumer use. IEC
Standard 62087 does not, however,
include measurement for the power
consumption of electrical appliances
such as pool heaters. Therefore, DOE
has tentatively concluded that IEC
Standard 62087 is unsuitable for use
regarding the proposed amendments to
the pool heater test procedures.
IV. Procedural Issues and Regulatory
Review
jlentini on DSKJ8SOYB1PROD with PROPOSALS
A. Review Under Executive Order 12866
Today’s proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
‘‘Regulatory Planning and Review,’’ 58
FR 51735 (Oct. 4, 1993). Accordingly,
this proposed action was not subject to
review under the Executive Order by the
Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB).
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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 for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, would not have a
significant economic impact on a
substantial number of small entities. As
required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 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 DOE
rulemaking process. 68 FR 7990. DOE’s
procedures and policies may be viewed
on the Office of the General Counsel’s
Web site (https://www.gc.doe.gov).
DOE reviewed today’s proposed rule
under the provisions of the Regulatory
Flexibility Act and the procedures and
policies published on February 19,
2003. This proposed rule would
prescribe test procedure amendments
that would be used to determine
compliance with energy conservation
standards for the products that are the
subject of this rulemaking. Although
DOE considers test procedure
amendments for residential water
heaters, direct heating equipment, and
pool heaters in this rulemaking, DOE
proposes amendments to the test
procedures for pool heaters and direct
heating equipment only. For the reasons
stated earlier in the preamble, DOE has
tentatively determined that amendments
to the test procedure for water heaters
are not necessary.
The Small Business Administration
(SBA) considers an entity to be a small
business if, together with its affiliates, it
employs less than a threshold number of
workers specified in 13 CFR part 121.
The threshold values set forth in these
regulations use size standards and codes
established by the North American
Industry Classification System (NAICS)
that are available at https://www.sba.gov/
idc/groups/public/documents/
sba_homepage/serv_sstd_tablepdf.pdf.
The threshold number designation as a
small business under NAICS
classification 333414, titled ‘‘Heating
Equipment (Except Warm Air Furnaces)
Manufacturing,’’ is 500 employees. This
classification specifically includes
manufacturers of direct heating
equipment and pool heaters.
Concurrent to this rulemaking for test
procedures, DOE has been in the
process of developing amended energy
conservation standards for the products
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covered in this rulemaking. On
December 11, 2009, DOE published a
Notice of Proposed Rulemaking and
Public Meeting for Energy Conservation
Standards for Residential Water Heaters,
Direct Heating Equipment, and Pool
Heaters in the Federal Register. 74 FR
65852. This notice inaccurately stated
that the applicable NAICS classification
number for pool heaters is 335228. As
these rulemakings apply to the same
sets of products, the DOE believes
clarification is both necessary and
appropriate. Additionally, DOE has
included a similar notification regarding
the correct NAICS classification number
in the context of the final rule for
Energy Conservation Standards for
Residential Water Heaters, Direct
Heating Equipment, and Pool Heaters.
The standards final rule was issued on
March 31, 2010 and was published in
the Federal Register on April 16, 2010.
75 FR 20112.
In the December 11, 2009 NOPR for
energy conservation standards, DOE
identified 12 small DHE manufacturers
and one small pool heater manufacturer
that can be considered small businesses.
Pool heater manufacturers and the
vented heater manufacturers of the DHE
product class are the same as identified
in the standards notice. An estimate of
the number of manufacturers of
unvented heaters was not developed as
part of the standards analysis because,
for reasons stated in the 2009 NOPR,
DOE believes it is unnecessary to set
minimum efficiency standards for
unvented DHE. 74 FR 65852, 65866
(Dec. 11, 2009). Based on its interviews
with manufacturers, DOE has tentatively
determined that there are three
unvented DHE manufactures considered
small businesses.
For the reasons explained below, DOE
has tentatively concluded that the
proposed rule would not have a
significant impact on either small or
large manufacturers under the
applicable provisions of the Regulatory
Flexibility Act. The proposed rule
would amend DOE’s test procedures for
direct heating equipment and pool
heaters by incorporating testing
provisions to address standby mode and
off mode energy consumption. The
proposed procedures involve measuring
power input when the direct heating
equipment or pool heater is in standby
mode and off mode during testing. Pool
heater proposed test procedure
amendments would require
measurement of both fossil fuel and
electric energy use in standby mode and
off mode. DHE proposed test procedure
amendments would require
measurement of only electrical energy
use in standby mode and off mode.
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These tests can be conducted in the
same facilities used for the current
energy testing of these products, so
there would be no additional facilities
costs required by the proposed rule. In
addition, while the power meter
proposed to be required for these tests
might require greater accuracy than the
power meter used for current energy
testing, the investment required for a
possible instrumentation upgrade would
be modest. It is likely that the
manufacturers, or their testing facilities,
already have equipment that meets the
requirements of IEC 62301, but an
Internet search of equipment that
specifically meets the requirements of
IEC 62301 reveals a cost of
approximately $2,700 to $3,000. This
cost is small compared to the overall
financial investment needed to
undertake the business enterprise of
testing consumer products which
involves facilities, qualified staff, and
specialized equipment.
The duration of the electrical standby
mode and off mode testing for DHE is
also short, approximately five minutes if
the power supply is stable and ten
minutes if the power supply is not
stable. For example, testing with
unstable power supply might require
five minutes to determine that it is in
fact unstable followed by an additional
integrated test measurement of five
minutes. The duration of the fossil fuel
and electrical standby mode and off
mode test proposed for pool heaters is
one hour. This one hour time period is
consistent with the industry consensus
for such measurement (i.e., the ASHRAE
Standard 146), and, is not a significant
extension of the DOE existing test
procedures. The existing DOE test
procedure requires, in addition to setup, an establishment of steady state
conditions that might approach 2 hours
followed by the actual thermal
efficiency test for 30 minutes. The
proposed standby test could begin
immediately following the thermal
efficiency test and therefore, would not
require additional set up,
instrumentation, or waiting period. The
testing official could run simultaneous
tests on other units and simply record
the results of the test at the end of the
60 minute standby period. For these
reasons, DOE believes that the proposed
requirements for equipment and time to
conduct the additional tests would not
be expected to impose a significant
economic impact on affected entities,
regardless of size.
Accordingly, DOE tentatively
concludes and certifies that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
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Accordingly, DOE has not prepared a
regulatory flexibility analysis for this
rulemaking. DOE will provide its
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the SBA for review under
5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
This rule contains a collection-ofinformation requirement subject to the
Paperwork Reduction Act (PRA) which
has been approved by OMB under
control number 1910–1400. Public
reporting burden for compliance
reporting for energy and water
conservation standards is estimated to
average 30 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to DOE (see
ADDRESSES) and by e-mail to
Christine_J._Kymn@omb.eop.gov.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this rulemaking, DOE is proposing
test procedure amendments that it
expects would be used to develop and
implement future energy conservation
standards for residential direct heating
equipment and pool heaters. DOE has
determined that this rule falls into a
class of actions that are categorically
excluded from review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. Specifically, this proposed rule
would amend the existing test
procedures for these products without
changing their environmental effects,
and, therefore, it is covered by
Categorical Exclusion A5 in 10 CFR part
1021, subpart D, which applies because
this rule would establish revisions to
existing test procedures that would not
affect the amount, quality, or
distribution of energy usage, and,
therefore, would not result in any
environmental impacts. Accordingly,
neither an environmental assessment
nor an environmental impact statement
is required.
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E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
imposes certain requirements on
agencies formulating and implementing
policies or regulations that preempt
State law or that have Federalism
implications. 64 FR 43255 (August 10,
1999). 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
that it will follow in developing such
regulations. 65 FR 13735. DOE has
examined this proposed rule and
determined 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 products that are the subject of
today’s proposed rule. 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(d)) Therefore, Executive Order
13132 requires no further action.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation;
(3) provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation clearly specifies the
following: (1) The preemptive effect, if
any; (2) any effect on existing Federal
law or regulation; (3) a clear legal
standard for affected conduct while
promoting simplification and burden
reduction; (4) the retroactive effect, if
any; (5) definitions of key terms; and
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(6) other important issues affecting
clarity and general draftsmanship under
any guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or
whether 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
proposed rule meets the relevant
standards of Executive Order 12988.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4; 2 U.S.C. 1501 et seq.) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. 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 estimates of the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a),(b))
UMRA also 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 requirements that might
significantly or uniquely affect such
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820. (The policy is also available at
https://www.gc.doe.gov). Today’s
proposed rule contains neither an
intergovernmental mandate nor a
mandate that may result in an
expenditure of $100 million or more in
any year, so these requirements do not
apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being.
Today’s proposed rule would not have
any impact on the autonomy or integrity
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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 Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights,’’ 53 FR 8859 (March 15, 1988),
DOE has determined that this proposed
regulation 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, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (Pub. L. 106–554; 44 U.S.C.
3516 note) provides for agencies to
review most disseminations of
information to the public under
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). DOE has
reviewed today’s notice under OMB and
DOE guidelines and has concluded that
it is consistent with applicable policies
in those guidelines.
K. Review Under Executive Order 13211
Executive Order 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 OMB a Statement
of Energy Effects for any proposed
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 Executive Order
12866, or any successor 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 proposed
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. Today’s proposed
regulatory action to amend the test
procedures for residential direct heating
equipment and pool heaters to address
standby mode and off mode energy use
is not a significant regulatory action
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under Executive Order 12866. It has
likewise not been designated as a
significant energy action by the
Administrator of OIRA. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy. Therefore, it is not a
significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the DOE
Organization Act (Pub. L. 95–91; 42
U.S.C. 7101 et seq.), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977 (FEAA). (15
U.S.C. 788) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the
rulemaking must inform the public of
the use and background of such
standards. In addition, section 32(c)
requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition.
The proposed modifications to the
test procedures addressed by this
proposed rule incorporate testing
methods contained in the commercial
standards, the International
Electrotechnical Commission (IEC)
Standard 62301, ‘‘Household electrical
appliances—Measurement of standby
power,’’ Publication 62301 First Edition
2005–06 and ‘‘American National
Standards Institute (ANSI) Standard
Z21.56–2006, ‘‘Gas-Fired Pool Heaters.’’
DOE has evaluated these standards and
is unable to conclude whether they fully
comply with the requirements of section
32(b) of the FEAA (i.e., whether it was
developed in a manner that fully
provides for public participation,
comment, and review). DOE will
consult with the Attorney General and
the Chairman of the FTC about the
impact of these test procedures on
competition, before prescribing a final
rule.
V. Public Participation
A. Attendance at the Public Meeting
The time, date, and location of the
public meeting are listed in the DATES
and ADDRESSES sections at the beginning
of this NOPR. To attend the public
meeting, please notify Ms. Brenda
Edwards at (202) 586–2945. As
explained in the ADDRESSES section,
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foreign nationals visiting DOE
Headquarters are subject to advance
security screening procedures.
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B. Procedure for Submitting Requests to
Speak
Any person who has an interest in the
topics addressed in this notice, or who
is a representative of a group or class of
persons that has an interest in these
issues, may request an opportunity to
make an oral presentation at the public
meeting. Such persons may handdeliver requests to speak to the address
shown in the ADDRESSES section at the
beginning of this notice between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Requests may
also be sent by mail or e-mail to: Ms.
Brenda Edwards, U.S. Department of
Energy, Building Technologies Program,
Mailstop EE–2J, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121, or Brenda.Edwards@ee.doe.gov.
Persons who wish to speak should
include with their request a computer
diskette or CD–ROM in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file
format that briefly describes the nature
of their interest in this rulemaking and
the topics they wish to discuss. Such
persons should also provide a daytime
telephone number where they can be
reached.
DOE requests persons scheduled to
make an oral presentation to submit an
advance copy of their statements at least
one week before the public meeting.
DOE may permit persons who cannot
supply an advance copy of their
statement to participate, if those persons
have made advance alternative
arrangements with the Building
Technologies Program. As necessary,
requests to give an oral presentation
should ask for such alternative
arrangements.
C. Conduct of Public Meeting
DOE will designate a DOE official to
preside at the public meeting and may
also use a professional facilitator to aid
discussion. The meeting will not be a
judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA
(42 U.S.C. 6306). There shall not be
discussion of proprietary information,
costs or prices, market share, or other
commercial matters regulated by U.S.
anti-trust laws. A court reporter will be
present to record the proceedings and
prepare a transcript.
The public meeting will be conducted
in an informal, conference style. DOE
reserves the right to schedule the order
of presentations and to establish the
procedures governing the conduct of the
public meeting. DOE will present
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summaries of comments received before
the public meeting, allow time for
presentations by participants, and
encourage all interested parties to share
their views on issues affecting this
rulemaking. Each participant will be
allowed to make a prepared general
statement (within time limits
determined by DOE), before the
discussion of specific topics. DOE will
permit other participants to comment
briefly on any general statements. At the
end of all prepared statements on each
specific topic, DOE will permit
participants to clarify their statements
briefly and to comment on statements
made by others.
Participants should be prepared to
answer DOE’s and other participants’
questions. DOE representatives may also
ask participants about other matters
relevant to this rulemaking. The official
conducting the public meeting will
accept additional comments or
questions from those attending, as time
permits. The presiding official will
announce any further procedural rules
or modification of the above procedures
needed for the proper conduct of the
public meeting. After the public
meeting, interested parties may submit
further comments on the proceedings as
well as on any aspect of the rulemaking
until the end of the comment period.
DOE will make the entire record of
this proposed rulemaking, including the
transcript from the public meeting,
available for inspection at the U.S.
Department of Energy, 6th Floor, 950
L’Enfant Plaza, SW., Washington, DC
20024, (202) 586–2945, between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Copies of the
transcript will be posted on the DOE
Web site and are also available for
purchase from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and
information regarding the proposed rule
before or after the public meeting, but
no later than November 15, 2010.
Comments, data, and information
submitted to DOE’s e-mail address for
this rulemaking should be provided in
WordPerfect, Microsoft Word, PDF, or
text (ASCII) file format. Stakeholders
should avoid the use of special
characters or any form of encryption,
and wherever possible, comments
should include the electronic signature
of the author. Comments, data, and
information submitted to DOE via mail
or hand delivery/courier should include
one signed paper original. No
telefacsimiles (faxes) will be accepted.
Pursuant to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
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exempt by law from public disclosure
should submit two copies: One copy of
the document that includes all of the
information believed to be confidential,
and one copy of the document with that
information deleted. DOE will make its
own determination as to the
confidential status of the information
and treat it accordingly.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information was previously made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person that would result
from public disclosure; (6) when such
information might lose its confidential
nature due to the passage of time; and
(7) why disclosure of the information
would be contrary to the public interest.
E. Issues on Which DOE Seeks Comment
Although comments are welcome on
all aspects of this rulemaking, DOE is
particularly interested in receiving
comments and views of interested
parties on the following issues:
1. Incorporation of IEC Standard
62301. DOE invites comment on the
adequacy of IEC Standard 62301 to
measure standby mode and off mode
power for vented heaters, unvented
heaters, and pool heaters.
2. No Need to Amend Water Heater
Test Procedures. DOE invites comment
on its tentative conclusion that the
current test procedures for water heaters
already fully account for and
incorporate measurement of standby
mode and off mode energy
consumption, as required by EISA 2007.
3. Updated Reference for Pool Heater
Testing. DOE invites comment on the
updated version of American National
Standards Institute (ANSI) Standard
Z21.56–2006, ‘‘Gas-Fired Pool Heaters,’’
and whether it constitutes any
substantive change relative to the 1994
version of ANSI Standard Z21.56
currently referenced in the existing test
procedure.
4. Integrated AFUE for Vented
Heaters. DOE seeks comment on its
tentative conclusion that it would be
technically infeasible to adopt an
integrated AFUE for vented heaters, as
well as the accuracy of the assumptions
made regarding the relative magnitude
of the standby mode and off mode
energy consumption for vented heaters.
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5. Integrated Thermal Efficiency for
Pool Heaters. DOE seeks comment on
the proposed efficiency descriptor,
integrated thermal efficiency, that
would allow for integration of standby
mode and off mode energy consumption
into a single efficiency measure, and
whether this approach would allow for
the integration and incorporation into
the test procedure and an energy
conservation standard, as called for in
42 U.S.C. 6295(gg)(2)(A) and 42 U.S.C.
6295(gg)(3) respectively.
VI. Approval of the Office of the
Secretary
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on August 20,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
For the reasons stated in the
preamble, DOE is proposing to amend
part 430 of chapter II, subchapter D of
title 10 of the Code of Federal
Regulations, to read 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 430.3 is amended by
revising paragraph (c)(13) to read as
follows:
§ 430.3 Materials incorporated by
reference.
*
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Appendix G to Subpart B—[Amended]
4. Appendix G to Subpart B of Part
430 is amended in section 2 by adding
new sections 2.3, 2.3.1, 2.4, and 2.4.1 to
read as follows:
Appendix G to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Unvented Home
Heating Equipment
*
The Secretary of Energy has approved
publication of this notice of proposed
rulemaking.
*
*
*
*
(c) * * *
(13) ANSI Z21.56–2006 (‘‘ANSI
Z21.56’’), Standard for Gas-Fired Pool
Heaters, approved December 13, 2005,
IBR approved for Appendix P to Subpart
B.
*
*
*
*
*
§ 430.23
b. Removing the words ‘‘section 4.3 of
appendix P’’ in paragraph (p)(1)(ii) and
adding in their place ‘‘section 5.3 of
appendix P’’.
*
*
*
*
*
*
*
*
*
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*
*
*
Appendix O to Subpart B—[Amended]
5. Appendix O to Subpart B of Part
430 is amended by:
a. Adding a Note after the heading;
b. Redesignating sections 1.1 through
1.33 as follows:
Old sections
3. Section 430.23 is amended by:
a. Removing the words ‘‘section 4.2 of
appendix P’’ in paragraph (p)(1)(i) and
adding in their place ‘‘section 5.2 of
appendix P’’, and
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*
2.3 Pilot light measurement. Except as
provided in section 2.3.1, measure the energy
input rate to the pilot light (Qp), with an error
no greater than 3 percent, for unvented
heaters so equipped.
2.3.1 The measurement of Qp is not
required for unvented heaters where the pilot
light is designed to be turned off by the user
when the heater is not in use (i.e., for units
where turning the control to the OFF position
will shut off the gas supply to the burner(s)
and the pilot light). This provision applies
only if an instruction to turn off the unit is
provided on the heater near the gas control
value (e.g., by label) by the manufacturer.
2.4 Electrical standby mode power
measurement. Except as provided in section
2.4.1, for all electric heaters and unvented
heaters with electrical auxiliaries, measure
the standby power (PSB) in accordance with
the procedures in the International
Electrotechnical Commission (IEC) Standard
62301, ‘‘Household electrical appliances—
Measurement of standby power,’’ Publication
62301 First Edition 2005–06 (incorporated by
reference; see § 430.3), with all electrical
components not activated. Voltage shall be as
specified in section 1.4.1 Electrical supply of
this appendix.
2.4.1 The measurement of PSB is not
required for heaters designed to be turned off
by the user when the heater is not in use (i.e.,
for units where turning the control to the
OFF position will shut off the electrical
supply to the heater). This provision applies
only if an instruction to turn off the unit is
provided on the heater (e.g., by label) by the
manufacturer.
[Amended]
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*
2. Testing and measurements.
1.1 to 1.14 .................
1.15 to 1.19 ...............
1.20 and 1.21 ............
1.22 to 1.25 ...............
1.26 to 1.33 ...............
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New sections
1.2 to 1.15.
1.17 to 1.21.
1.23 and 1.24.
1.26 to 1.29.
1.31 to 1.38.
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c. Adding new sections 1.1, 1.16, 1.22,
1.25 and 1.30;
d. Adding new sections 3.7, 3.7.1, and
3.7.2; and
e. Revising sections 4.6.3 and 4.6.3.1,
and adding a new section 4.7.
The additions and revisions read as
follows:
Appendix O to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Vented Home
Heating Equipment
Note: The procedures and calculations that
refer to standby mode and off mode energy
consumption, (i.e., sections 3.7 and 4.7 of
this appendix O) need not be performed to
determine compliance with energy
conservation standards for vented heaters at
this time. However, any representation
related to standby mode and off mode energy
consumption of these products made after
[date 180 days after date of publication of the
test procedure final rule in the Federal
Register] must be based upon results
generated under this test procedure,
consistent with the requirements of 42 U.S.C.
6293(c)(2). After July 1, 2010, any adopted
energy conservation standard shall
incorporate standby mode and off mode
energy consumption, and upon the
compliance date for such standards,
compliance with the applicable provisions of
this test procedure will also be required.
1.0. Definitions.
1.1 ‘‘Active mode’’ means the condition
during the heating season in which the
vented heater is connected to the power
source, and either the burner or any electrical
auxiliary is activated.
*
*
*
*
*
1.16 ‘‘IEC 62301’’ means the test standard
published by the International
Electrotechnical Commission, titled
‘‘Household electrical appliances—
Measurement of standby power,’’ Publication
62301 First Edition 2005–06. (incorporated
by reference; see § 430.3)
*
*
*
*
*
1.22 ‘‘Off mode’’ means the condition
during the non-heating season in which the
vented heater is connected to the power
source, and neither the burner nor any
electrical auxiliary is activated.
*
*
*
*
*
1.25 ‘‘Seasonal off switch’’ means the
control device, such as a lever or toggle, on
the vented heater that affects a difference in
off mode energy consumption as compared to
standby mode consumption.
*
*
*
*
*
1.30 ‘‘Standby mode’’ means the
condition during the heating season in which
the vented heater is connected to the power
source, and neither the burner nor any
electrical auxiliary is activated.
*
*
3.0
*
*
*
*
Testing and measurements.
*
*
*
*
3.7 Measurement of electrical standby
mode and off mode power.
3.7.1 Standby power measurements. With
all electrical auxiliaries of the vented heater
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not activated, measure the standby power
(PSB) in accordance with the procedures in
IEC 62301 (incorporated by reference, see
§ 430.3), except that section 2.9, Room
ambient temperature, and the voltage
provision of section 2.3.5, Electrical supply,
of this appendix shall apply in lieu of the IEC
62301 corresponding sections 4.2, Test room,
and 4.3, Power supply. Clarifying further, the
IEC 62301 sections 4.5, Power measurement
accuracy, and section 5, Measurements, shall
apply in lieu of section 2.8, Energy flow
instrumentation, of this appendix. Measure
the wattage so that all possible standby mode
wattage for the entire appliance is recorded,
not just the standby mode wattage of a single
auxiliary.
3.7.2 Off mode power measurement. If
the unit is equipped with a seasonal off
switch or there is an expected difference
between off mode power and standby mode
power, measure off mode power (POFF) in
accordance with the standby power
procedures in IEC 62301 (incorporated by
reference, see § 430.3), except that section
2.9, Room ambient temperature, and the
voltage provision of section 2.3.5, Electrical
supply, of this appendix shall apply in lieu
of the IEC 62301 corresponding sections 4.2,
Test room, and 4.3, Power supply. Clarifying
further, the IEC 62301 sections 4.5, Power
measurement accuracy, and section 5,
Measurements, shall apply in lieu of section
2.8, Energy flow instrumentation, of this
appendix. Measure the wattage so that all
possible standby mode wattage for the entire
appliance is recorded, not just the standby
mode wattage of a single auxiliary. If there
is no expected difference in off mode power
and standby mode power, let POFF = PSB, in
which case no separate measurement of off
mode power is necessary.
4.0 Calculations.
*
*
*
*
*
4.6.3 Average annual auxiliary electrical
energy consumption for vented heaters. For
vented heaters with single stage controls or
manual controls, the average annual auxiliary
electrical consumption (EAE) is expressed in
kilowatt-hours and defined as:
EAE = BOHSSPE + ESO
Where:
BOHSS = as defined in 4.6.1 of this appendix
PE= as defined in 3.1.3 of this appendix
ESO = as defined in 4.7 of this appendix
4.6.3.1 For vented heaters with two stage
or modulating controls, EAE is defined as:
EAE=(BOHR+BOHH)PE + ESO
Where:
BOHR= as defined in 4.6.1 of this appendix
BOHH= as defined in 4.6.1 of this appendix
PE= as defined in 3.1.3 of this appendix
ESO = as defined in 4.7 of this appendix
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*
*
*
*
4.7 Average annual electric standby
mode and off mode energy consumption.
Calculate the annual electric standby mode
and off mode energy consumption, ESO,
defined as, in kilowatt-hours:
ESO = ((PSB * (4160 ¥ BOH)) + (POFF * 4600))
*K
Where:
PSB = vented heater standby mode power, in
watts, as measured in section 3.7
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4,160 = average heating season hours per year
POFF = vented heater off mode power, in
watts, as measured in section 3.7
4,600 = average non-heating season hours per
year
K = 0.001 kWh/Wh, conversion factor for
watt-hours to kilowatt-hours.
BOH = burner operating hours as calculated
in section 4.6.1 where for single stage
controls or manual controls vented
heaters BOH = BOHSS and for vented
heaters equipped with two stage or
modulating controls BOH = (BOHR +
BOHH).
6. Appendix P to Subpart B of Part
430 is revised to read as follows:
Appendix P to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Pool Heaters
Note: The procedures and calculations that
refer to standby mode and off mode energy
consumption (i.e., sections 2.2, 2.3, 3.2, 4.2,
4.3, 5.3 equation (3), and 5.4 of this appendix
P) need not be performed to determine
compliance with energy conservation
standards for pool heaters at this time.
However, any representation related to
standby mode and off mode energy
consumption of these products made after
[date 180 days after date of publication of the
test procedure final rule in the Federal
Register] must be based upon results
generated under this test procedure,
consistent with the requirements of 42 U.S.C.
6293(c)(2). After July 1, 2010, any adopted
energy conservation standard shall
incorporate standby mode and off mode
energy consumption, and upon the
compliance date for such standards,
compliance with the applicable provisions of
this test procedure will also be required.
1. Definitions.
1.1. Active mode means the condition
during the pool heating season in which the
pool heater is connected to the power source,
and the main burner, electric resistance
element, or heat pump is activated to heat
pool water.
1.2 IEC 62301 means the test standard
published by the International
Electrotechnical Commission, titled
‘‘Household electrical appliances—
Measurement of standby power,’’ Publication
62301 First Edition 2005–06. (incorporated
by reference; see § 430.3)
1.3 Off mode means the condition during
the non-pool heating season in which the
pool heater is connected to the power source,
and neither the main burner, electric
resistance elements, nor heat pump is
activated.
1.4 Seasonal off switch means a switch
present on the pool heater that effects a
difference in off mode energy consumption
as compared to standby mode energy
consumption.
1.5 Standby mode means the condition
during the pool heating season in which the
pool heater is connected to the power source,
and neither the main burner, electric
resistance elements, nor heat pump is
activated.
2. Test Method.
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2.1 Active mode. The test method for
testing pool heaters in active mode is as
specified in ANSI Z21.56 (incorporated by
reference; see § 430.3).
2.2 Standby mode. The test method for
testing the energy consumption of pool
heaters in standby mode is as described in
sections 3 through 5 below.
2.3 Off mode.
2.3.1 Pool heaters with a seasonal off
switch.
For pool heaters with a seasonal off switch,
no off-mode test is required.
2.3.2 Pool heaters without a seasonal off
switch.
For pool heaters without a seasonal off
switch, the test method for testing the energy
consumption of the pool heater is as
described in sections 3 through 5 below.
3. Test conditions.
3.1 Active mode. Establish the test
conditions specified in section 2.10 of ANSI
Z21.56 (incorporated by reference; see
§ 430.3).
3.2 Standby mode and off mode.
Following the conclusion of the 30-minute
active mode test described in section 3.1,
reduce the thermostat setting to a low enough
temperature to put the pool heater into
standby mode. Reapply the energy sources
and operate the pool heater in standby mode
for 60 minutes.
4. Measurements.
4.1 Active mode. Measure the quantities
delineated in section 2.10 of ANSI Z21.56
(incorporated by reference; see § 430.3). The
measurement of energy consumption for oilfired pool heaters in Btu is to be carried out
in appropriate units (e.g., gallons).
4.2 Standby mode. Record the total
electricity consumption during the standby
mode test, Es, in Wh, in accordance with
section 5 of IEC 62301 (incorporated by
reference; see § 430.3) and the fossil fuel
energy consumption during the standby test,
Q p, in Btu. Ambient temperature and voltage
specifications of ANSI Z21.56 (incorporated
by reference; see § 430.3) shall apply to this
standby mode testing.
4.3 Off mode.
4.3.1 Pool heaters with a seasonal off
switch. For pool heaters with a seasonal off
switch, the total electricity consumption
during the off mode, Eoff = 0, and the fossil
fuel energy consumed during the off mode,
Qoff = 0.
4.3.2 Pool heaters without a seasonal off
switch. Record the total electricity
consumption during the standby/off mode
test, Eoff (= Es), in Wh, in accordance with
section 5 of IEC 62301 (incorporated by
reference; see § 430.3), and the fossil fuel
energy consumption during the off mode test,
Qoff (= Qp), in Btu. Ambient temperature and
voltage specifications of ANSI Z21.56
(incorporated by reference; see § 430.3) shall
apply to this off mode testing.
5. Calculations.
5.1 Thermal efficiency. Calculate the
thermal efficiency, Et (expressed as a
percent), as specified in section 2.10 of ANSI
Z21.56 (incorporated by reference; see
§ 430.3). The expression of fuel consumption
for oil-fired pool heaters shall be in Btu.
5.2 Average annual fossil fuel energy for
pool heaters. The average annual fuel energy
for pool heaters, EF, is defined as:
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EF = BOH QIN + (POH ¥ BOH)QPR + (8760
¥ POH) Qoff,R
Where:
BOH = average number of burner operating
hours = 104 h
POH = average number of pool operating
hours = 4464 h
QIN = rated fuel energy input as defined
according to section 2.10.1 or section
2.10.2 of ANSI Z21.56 (incorporated by
reference; see § 430.3), as appropriate.
QPR = average energy consumption rate of
continuously operating pilot light, if
employed, = (QP/1 h)
QP = energy consumption of continuously
operating pilot light, if employed, as
measured in section 4.2, in Btu
8,760 = number of hours in one year
Qoff,R = average off mode fossil fuel energy
consumption rate = Qoff/(1 h)
Qoff = off mode energy consumption as
defined in section 4.3 of this appendix
5.3 Average annual auxiliary electrical
energy consumption for pool heaters. The
average annual auxiliary electrical energy
consumption for pool heaters, EAE, is
expressed in Btu and defined as:
(1) EAE = EAE,active + EAE,standby,off
(2) EAE,active = BOH * PE
(3) EAE,standby,off = (POH ¥ BOH) Es,aux + (8760
¥ POH) Eoff,aux
Where:
EAE,active = auxiliary electrical consumption
in the active mode
EAE,standby,off = auxiliary electrical
consumption in the standby and off
mode
PE = 2Ec, if heater is tested according to
section 2.10.1 of ANSI Z21.56
(incorporated by reference; see § 430.3),
in Btu/h
= 3.412 PErated, if heater is tested according
to section 2.10.2 of ANSI Z21.56, in
Btu/h
Ec = electrical consumption of the heater
(converted to equivalent unit of Btu),
including the electrical energy to the
recirculating pump if used, during the
30-minute thermal efficiency test, as
defined in section 2.10.1 of ANSI Z21.56,
in Btu per 30 min.
2 = conversion factor to convert unit from per
30 min. to per h.
PErated = nameplate rating of auxiliary
electrical equipment of heater, in Watts
BOH = as defined in 5.2 of this appendix
POH = as defined in 5.2 of this appendix
Es,aux = electrical energy consumption rate
during standby mode = 3.412 Es/(1 h),
Btu/h
Es = as defined in 4.2 of this appendix
Eoff,aux = electrical energy consumption rate
during off mode = 3.412 Eoff/(1 h), Btu/
h
Eoff = as defined in 4.3 of this appendix
5.4 Integrated thermal efficiency.
5.4.1 Calculate the seasonal useful output
of the pool heater as:
EOUT = BOH[(Et/100)(QIN + PE)]
Where:
BOH = as defined in 5.2 of this appendix
Et = thermal efficiency as defined in 5.1 of
this appendix
QIN = as defined in 5.2 of this appendix
PE = as defined in 5.3 of this appendix
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16:08 Aug 27, 2010
Jkt 220001
100 = conversion factor, from percent to
fraction
5.4.2 Calculate the annual input to the
pool heater as:
EIN = EF + EAE
Where:
EF = as defined in 5.2 of this appendix
EAE = as defined in 5.3 of this appendix
5.4.3 Calculate the pool heater integrated
thermal efficiency (TEI) (in percent).
TEI = 100(EOUT/EIN)
Where:
EOUT = as defined in 5.4.1 of this appendix
EIN = as defined in 5.4.2 of this appendix
100 = conversion factor, from fraction to
percent
[FR Doc. 2010–21363 Filed 8–27–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0107; Directorate
Identifier 2007–NM–087–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 747–100, 747–100B,
747–100B SUD, 747–200B, 747–200C,
747–200F, 747–300, 747–400, 747–
400D, 747–400F, 747SR, and 747SP
Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposed airworthiness directive (AD)
for certain Model 747–100, 747–100B,
747–100B SUD, 747–200B, 747–200C,
747–200F, 747–300, 747–400, 747–
400D, 747–400F, 747SR, and 747SP
series airplanes. The original NPRM
would have required inspections for
scribe lines in affected lap and butt
splices, wing-to-body fairings locations,
and external repair and cutout
reinforcement areas; and related
investigative and corrective actions if
necessary. The original NPRM resulted
from reports of scribe lines found at lap
joints and butt joints, around external
doublers and antennas, and at locations
where external decals had been cut.
This action revises the original NPRM
by revising certain compliance times
including reducing the compliance time
for certain repetitive inspections. This
supplemental NPRM also proposes to
add inspections for certain airplanes.
We are proposing this AD to detect and
correct scribe lines, which can develop
SUMMARY:
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
52907
into fatigue cracks in the skin and cause
sudden decompression of the airplane.
DATES: We must receive comments on
this supplemental NPRM by September
24, 2010.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; e-mail
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington.
For information on the availability of
this material at the FAA, call 425–227–
1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://www.regulations.
gov; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Nicholas Han, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6449; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
E:\FR\FM\30AUP1.SGM
30AUP1
]]>Agencies
[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Proposed Rules]
[Pages 52892-52907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21363]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 /
Proposed Rules
[[Page 52892]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2009-BT-TP-0013]
RIN 1904-AB95
Energy Conservation Program for Consumer Products: Test
Procedures for Residential Water Heaters, Direct Heating Equipment, and
Pool Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
-----------------------------------------------------------------------
SUMMARY: In order to implement recent amendments to the Energy Policy
and Conservation Act of 1975 (EPCA), the U.S. Department of Energy
(DOE) proposes to amend its test procedures for residential direct
heating equipment and pool heaters to provide for measurement of
standby mode and off mode power use by these products. Where
appropriate, the amendments would incorporate into the DOE test
procedures relevant provisions from the International Electrotechnical
Commission's (IEC) Standard 62301, ``Household electrical appliances--
Measurement of standby power'' (First Edition 2005-06), as well as
language to clarify application of these provisions as they
specifically relate to measurement of electrical standby mode and off
mode power consumption in direct heating equipment and pool heaters.
This rulemaking also proposes a number of definitions for key
terms. DOE has tentatively concluded that no amendments are necessary
to the test procedure for residential water heaters to address standby
mode and off mode power use, because the existing test procedures for
water heaters already fully account for and incorporate the standby
mode and off mode energy consumption. In addition, DOE announces a
public meeting to discuss and receive comments on the issues presented
in this notice.
DATES: DOE will hold a public meeting Friday, September 24, 2010, from
9 a.m. to 4 p.m., in Washington, DC. DOE must receive requests to speak
at the public meeting before 4 p.m., Friday, September 10, 2010. DOE
must receive a signed original and an electronic copy of statements to
be given at the public meeting before 4 p.m., Friday, September 3,
2010.
DOE will accept comments, data, and information regarding the
notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than November 15, 2010. See section V, ``Public
Participation,'' of this NOPR for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend the public meeting, please notify
Ms. Brenda Edwards at (202) 586-2945. (Please note that foreign
nationals visiting DOE Headquarters are subject to advance security
screening procedures. Any foreign national wishing to participate in
the public meeting should advise DOE as soon as possible by contacting
Ms. Edwards to initiate the necessary procedures.)
Any comments submitted must identify the NOPR on Test Procedures
for Residential Water Heaters, Direct Heating Equipment, and Pool
Heaters, and provide the docket number EERE-2009-BT-TP-0013 and/or
Regulatory Information Number (RIN) 1904-AB95. Comments may be
submitted using any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. E-mail: EISA-Heat-Equip-2010-TP-0013@ee.doe.gov. Include docket
number EERE-2009-BT-TP-0013 and/or RIN 1904-AB95 in the subject line of
the message.
3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, 1000 Independence
Avenue, SW., Washington, DC 20585-0121. Please submit one signed paper
original.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. Please submit one
signed paper original.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V, ``Public
Participation,'' of this document.
Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, Resource Room
of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite
600, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. Please call Ms. Brenda
Edwards at the above telephone number for additional information about
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of
Energy, Energy Efficiency and Renewable Energy, Building Technologies
Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-7892. E-mail: Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: Eric.Stas@hq.doe.gov.
For information on how to submit or review public comments and on
how to participate in the public meeting, contact Ms. Brenda Edwards,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Summary of the Proposal
III. Discussion
A. Determination Not To Amend Test Procedures for Residential
Water Heaters
B. Proposed Test Procedure Amendments for Vented Heaters
1. Treatment of Fossil-Fuel Consumption in Existing Test
Procedures for Fossil-Fuel Vented Heaters
2. Specific Amendments for Vented Heaters
3. Active Mode Hours Approximated by Burner Operating Hours for
Vented Heaters
4. Measurement of Standby Mode and Off Mode Wattages of Vented
Heaters
[[Page 52893]]
5. Incorporating by Reference IEC Standard 62301 (First Edition
2005-06) for Measuring Standby Mode and Off Mode Energy Consumption
for Vented Heaters
C. Proposed Test Procedure Amendments for Unvented Heaters
D. Proposed Test Procedure Amendments for Pool Heaters
1. Treatment of Fossil-Fuel Consumption in Existing Test
Procedures for Pool Heaters
2. Treatment of Electricity Consumption in Existing Test
Procedures for Pool Heaters
3. Measurement of Standby Energy Consumption in ANSI/ASHRAE
Standard 146-2006
4. Specific Amendments for Pool Heaters
5. Incorporating by Reference IEC Standard 62301 (First Edition
2005-06) for Measuring Standby Mode and Off Mode Energy Consumption
for Pool Heaters
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
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, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
V. Public Participation
A. Attendance at the Public Meeting
B. Procedure for Submitting Requests To Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
1. Incorporation of IEC Standard 62301
2. Separate Standard
VI. Approval of the Office of the Secretary
I. Background and Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C.
6291, et seq.; ``EPCA'' or, in context, ``the Act'') sets forth a
variety of provisions designed to improve energy efficiency. Part A of
Title III (42 U.S.C. 6291-6309) establishes the ``Energy Conservation
Program for Consumer Products Other Than Automobiles,'' including
residential water heaters, direct heating equipment, and pool heaters
(all of which are referred to below as ``covered products'').\1\ (42
U.S.C. 6291(1)-(2) and 6292(a)(4), (9) and (11))
---------------------------------------------------------------------------
\1\ All references to EPCA refer to the statute as amended,
including through the Energy Independence and Security Act of 2007,
Public Law 110-140.
---------------------------------------------------------------------------
Under the Act, the overall program consists essentially of three
parts: (1) Testing; (2) labeling; and (3) Federal energy conservation
standards. The testing requirements consist of test procedures,
prescribed under EPCA, that manufacturers of covered products must use
as the basis for certifying to DOE that their products comply with
applicable energy conservation standards adopted under EPCA and for
representations about the energy consumption or energy efficiency of
those products. Similarly, DOE must use these test procedures whenever
testing is required in an enforcement action to determine whether the
products comply with energy conservation standards adopted pursuant to
EPCA.
Under 42 U.S.C. 6293, EPCA sets forth criteria and procedures for
DOE's adoption and amendment of such test procedures. EPCA provides
that any test procedures prescribed or amended shall be reasonably
designed to produce test results which measure energy efficiency,
energy use, or estimated annual operating cost of a covered product
during a representative average use cycle or period of use, and shall
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In
addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments thereon. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine to what extent, if any, the proposed test
procedure would alter the measured energy efficiency of any covered
product as determined under the existing test procedure. (42 U.S.C.
6293(e)(1)) If DOE determines that the amended test procedure would
alter the measured efficiency of a covered product, DOE must amend the
applicable energy conservation standard accordingly. (42 U.S.C.
6293(e)(2))
DOE's test procedures for residential water heaters are found in
the Code of Federal Regulations (CFR) at 10 CFR 430.23(e) and 10 CFR
part 430, subpart B, appendix E. The test procedures include provisions
for determining the energy efficiency (energy factor (EF)), as well as
the annual energy consumption of these products.
The direct heating equipment covered product (not including
furnaces) is referred to as ``home heating equipment'' in CFR. Unlike
central heating furnaces, direct heating equipment is a covered product
which is designed to furnish warmed air to the living space of a
residence, directly from the device, without duct connections. There
are separate test procedures for the two classes of home heating
equipment, specifically 10 CFR 430.23(g) and 10 CFR part 430, subpart
B, appendix G for unvented home heating equipment, and 10 CFR 430.23(o)
and 10 CFR part 430, subpart B, appendix O for vented home heating
equipment. Taken together, these two classes of home heating equipment
represent ``direct heating equipment,'' the covered product listed at
42 U.S.C. 6292(a)(9). (Hereafter in this notice, the terms ``vented
heater'' and ``unvented heater'' are used to describe the two types of
direct heating equipment.) The vented heater test procedures include
provisions for determining energy efficiency (annual fuel utilization
efficiency (AFUE)), as well as annual energy consumption. The unvented
heater test procedures currently have no provisions for determining
energy efficiency; however, for unvented heaters that are the primary
heating source for the home, there is a calculation of annual energy
consumption based on a single assignment of active mode hours. For
unvented heaters that are not the primary heating source for the home,
there are no calculation provisions for efficiency or annual energy
consumption.
DOE's test procedures for pool heaters are found at 10 CFR
430.23(p) and 10 CFR part 430, subpart B, appendix P. The test
procedures include provisions for determining two energy efficiency
descriptors (i.e., thermal efficiency and pool heater heating seasonal
efficiency), as well as annual energy consumption.
On December 19, 2007, the Energy Independence and Security Act of
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007
amendments to EPCA, in relevant part, require DOE to amend the test
procedures for all covered products to include measurement of standby
mode and off mode energy consumption. Specifically, section 310 of EISA
2007 provides definitions of ``active mode,'' ``standby mode,'' and
``off mode'' (42 U.S.C. 6295(gg)(1)(A)); however, the statute permits
DOE to amend these definitions in the context of a given product (42
U.S.C. 6295(gg)(1)(B)). The legislation requires integration of such
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor for each covered product,
unless the Secretary determines that--(i) the current test procedures
for a covered product already fully account for and incorporate the
standby and off mode energy consumption of the covered product; or (ii)
such an integrated test procedure is technically infeasible for a
particular covered product, in which case the Secretary shall prescribe
a separate standby mode and off mode
[[Page 52894]]
energy use test procedure for the covered product, if technically
feasible. (42 U.S.C. 6295(gg)(2)(A)).
Under the statutory provisions introduced by EISA 2007, any such
amendment must consider the most current versions of International
Electrotechnical Commission (IEC) Standard 62301, ``Household
electrical appliances--Measurement of standby power'' (First Edition
2005-06) and IEC Standard 62087, ``Methods of measurement for the power
consumption of audio, video, and related equipment'' (Second Edition,
2008-09).\2\ Id. Further, section 310 of EISA 2007 provides that any
final rule establishing or revising energy conservation standards
adopted on or after July 1, 2010, must incorporate standby mode and off
mode energy use. (42 U.S.C. 6295(gg)(3)(A)).
---------------------------------------------------------------------------
\2\ IEC standards are available for purchase at: https://www.iec.ch.
---------------------------------------------------------------------------
Accordingly, pursuant to section 310 of EISA 2007, DOE's
residential water heater, direct heating equipment, and pool heater
test procedures must account for standby mode and off mode energy
consumption. (42 U.S.C. 6295(gg)(2)) DOE test procedures are needed
that account for standby mode and off mode energy use (to the extent
those operational modes apply to the products in question), in order to
permit manufacturers to measure and certify compliance with future
amended energy conservation standards that address those modes for the
products that are the subject of this rulemaking. If finalized, today's
proposal would also provide DOE a means for determining compliance with
any future standards adopted for these products that include standby
mode and off mode energy consumption.
II. Summary of the Proposal
In today's NOPR, DOE has tentatively concluded that for residential
water heaters, there is no need to amend the test procedures pursuant
to EISA 2007. Specifically, because the current test procedures for
residential water heaters already fully account for and incorporate
standby mode energy consumption, and because off mode is not applicable
to water heaters, no amendment is required. (42 U.S.C.
6295(gg)(2)(A)(i)) A more complete discussion is provided below in
section III.A.
For direct heating equipment and pool heaters, DOE is proposing to
amend the test procedures in order to: (1) Address the statutory
requirement to expand test procedures to incorporate measurement of
standby mode and off mode power consumption; and (2) provide a
foundation for DOE to develop, implement, and ensure compliance with
amended energy conservation standards in the future that address the
energy use of these products when in standby mode and off mode.
In addition to these statutory requirements for amended test
procedures, EISA 2007 has three separate provisions regarding the
inclusion of standby mode and off mode energy use in any energy
conservation standard, which have bearing on the current test
procedures rulemaking. First, test procedure amendments to include
standby mode and off mode energy consumption shall not be used to
determine compliance with standards established prior to the adoption
of such test procedure amendments. (42 U.S.C. 6295(gg)(2)(C)) Second,
standby mode and off mode energy use must be included into a single
amended or new standard for a covered product adopted in a final rule
after July 1, 2010. Finally, a separate standard for standby mode and
off mode energy consumption is required if a single amended or new
standard is not feasible. (42 U.S.C. 6295(gg)(3)(B))
In order to accommodate the above-mentioned first provision, DOE
clarifies that today's proposed amended test procedures would not alter
the measures of energy efficiency used in existing energy conservation
standards; therefore, this proposal would not affect a manufacturer's
ability to demonstrate compliance with previously-established
standards. These amended test procedures would become effective, in
terms of adoption into the CFR, 30 days after the date of publication
in the Federal Register of the final rule in this test procedures
rulemaking. However, DOE is proposing added language to the regulations
codified in the CFR that would state that any added procedures and
calculations for standby mode and off mode energy consumption resulting
from implementation of the relevant provisions of EISA 2007 need not be
performed at this time to determine compliance with the current energy
conservation standards. Subsequently, and consistent with the second
provision above, manufacturers would be required to use the amended
test procedures' standby mode and off mode provisions to demonstrate
compliance with DOE's energy conservation standards on the compliance
date of a final rule establishing amended energy conservation standards
for these products that address standby mode and off mode energy
consumption, at which time the limiting statement in the DOE test
procedure would be removed. Further clarification would also be
provided that as of 180 days after publication of a test procedure
final rule, any representations as to the standby mode and off mode
energy consumption of the products that are the subject of this
rulemaking would need to be based upon results generated under the
applicable provisions of this test procedure. (42 U.S.C. 6293(c)(2))
On November 24, 2006, DOE published a notice in the Federal
Register announcing the availability of and seeking comment on a
framework document to initiate rulemaking to consider amended energy
conservation standards for residential water heaters, direct heating
equipment, and pool heaters (hereafter the November 2006 Framework
Document). 71 FR 67825. The issuance of a framework document is the
first step in conducting an appliance standards rulemaking.
The November 2006 Framework Document was issued before the
enactment of EISA 2007, and consequently, it did not address the
possible amendments to the test procedure associated with the EISA 2007
legislative charge (i.e., the standby mode and off mode provisions in
42 U.S.C. 6295(gg)(3)) DOE issued its final rule revising energy
conservation standards for residential water heaters, direct heating
equipment, and pool heaters on March 31, 2010, which was published in
the Federal Register on April 16, 2010. 75 FR 20112. Because
publication of this final rule amending the energy conservation
standards for these products was required to be completed before July
1, 2010 (the date after which any final rule establishing or revising a
standard must incorporate standby mode and off mode energy use), this
standards final rule did not necessarily need to incorporate standby
mode and off mode energy use. Nonetheless, today's proposal for amended
test procedures will allow consideration of the standby mode and off
mode energy use of these products in a subsequent standards rulemaking
(e.g., standards adopted after July 1, 2010).
As currently drafted, three of the test procedures for the products
at issue in this rulemaking would require amendment to account for
standby mode and off mode energy use as required by EISA 2007.
Specifically, the test procedure for vented heaters would need added
measurement and calculation provisions to integrate electrical standby
mode and off mode energy use into the overall energy consumption
equations. Fossil-fuel standby mode and off mode energy use is already
integrated into the vented
[[Page 52895]]
heater test procedure (see section III.B.1 below). Test procedures for
unvented heaters would need added measurement provisions of standby
power (fossil-fuel and electrical). However, for the reasons explained
in section III.C below, no added calculations or new energy efficiency
descriptors are offered in today's proposal for unvented heaters. Pool
heater test procedures would need added measurement and calculation
provisions for both electric and fossil-fuel standby mode and off mode
energy use. Such energy use would need to be incorporated into both the
overall energy consumption equations. As noted above, the test
procedures for residential water heaters would not need amendment,
because standby mode energy use is fully integrated into the existing
test procedure, and off mode is not applicable for residential water
heaters.
In amending the current test procedures for residential direct
heating equipment and pool heaters, DOE proposes to incorporate by
reference IEC Standard 62301, ``Household electrical appliances--
measurement of standby power'' (First Edition, 2005-06), regarding test
conditions and test procedures for measuring standby mode and off mode
energy consumption. DOE also proposes to incorporate product-specific
definitions of ``active mode,'' ``standby mode,'' and ``off mode'' that
are consistent with the guidance set forth under 42 U.S.C.
6295(gg)(1)(A). Further, DOE proposes to include in each test procedure
additional language that would clarify the application of IEC Standard
62301 for measuring standby mode and off mode power consumption.\3\
---------------------------------------------------------------------------
\3\ EISA 2007 directs DOE to also consider IEC Standard 62087
when amending its test procedure to include standby mode and off
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC
Standard 62087 addresses the methods of measuring the power
consumption of audio, video, and related equipment. As explained
subsequently in this notice, the narrow scope of this particular IEC
Standard reduces its relevance to today's proposal.
---------------------------------------------------------------------------
III. Discussion
A. Determination Not To Amend Test Procedures for Residential Water
Heaters
As noted above, DOE's test procedures for residential water heaters
are found at 10 CFR 430.23(e) and 10 CFR part 430, subpart B, appendix
E. These test procedures include provisions for determining the energy
factor (EF) as well as the annual energy consumption of those products.
As written, the test procedures include a full year accounting of
energy use, both electricity and fossil fuel as applicable to a given
unit. The following explains generally how water heater energy
consumption is determined under the DOE test procedure. Specific
measurements are required to determine the water heater's energy
performance in providing a representative daily amount of hot water.
The measurements are used to calculate two separate performance
metrics: (1) Recovery efficiency, and (2) standby loss. Further
calculations provide for a comprehensive efficiency descriptor (EF)
which represents the overall efficiency of the water heater in
providing the representative daily amount of hot water. Annual energy
consumption and cost are estimated by extending this daily performance
measured by EF to a full year (i.e., 365 days).
There are some non-substantive differences in terms of the
terminology used in the existing residential water heater test
procedures as compared to what is used in EISA 2007. For example, the
test procedure's standby loss is expressed as either an hourly standby
loss or a heat loss coefficient, and while not identical, it can be
equated to EISA 2007's ``standby mode'' energy use. In addition, the
EISA 2007 definition of ``off mode'' appears inapposite to water heater
operation. Water heaters are assumed to operate all year either
actively heating water or incurring energy consumption (loss) in
standby mode. There is no other mode of energy consumption conceivable
for these products. Accordingly, to the extent those terms apply, DOE
believes the full-year accounting of energy use as currently presented
in the DOE water heater test procedure fully accounts for measurement
of active mode, standby mode, and off mode energy consumption, as
required by EISA 2007. Similarly, the water heater test procedure's
efficiency descriptor Energy Factor is a complete accounting of all
energy consumption possible for a residential water heater.
In consideration of the above, DOE has tentatively concluded that
the current test procedures for water heaters already fully account for
and incorporate measurement of standby mode and off mode energy
consumption, as required by EISA 2007. (42 U.S.C. 6295(gg)(2)(A)(i))
B. Proposed Test Procedure Amendments for Vented Heaters
As discussed above, EISA 2007 requires amendment of DOE's test
procedures for direct heating equipment to account for standby mode and
off mode energy consumption. This section discusses amendments for the
test procedure provisions for vented heaters, and section III.C
addresses test procedure amendments for unvented heaters. Specifically,
the vented heater test procedures require additional measurement and
calculation provisions in order to account for electrical standby mode
and off mode energy use. Fossil-fuel standby mode and off mode energy
use is already integrated into the vented heater test procedure.\4\
---------------------------------------------------------------------------
\4\ Vented heaters can be fueled by natural gas, propane, or
oil. For simplicity, the expressions ``fossil-fueled'' or ``fossil-
fuel'' will be used to include all three fuel types.
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As a first step in addressing the requirements of EISA 2007, DOE
believes the relevant terms and concepts from that statute need
clarification as they apply to vented heaters. While EISA 2007 provided
definitions and concepts that are generally applicable and workable
within the context of the existing vented heater test procedure, some
clarifying language is necessary to address the specific
characteristics of the products relevant to this rulemaking. The
following paragraphs discuss these proposed clarifications.
Section 310(3) of EISA 2007 defines ``active mode'' as ``* * * the
condition in which an energy-using product--(I) is connected to a main
power source; (II) has been activated; and (III) provides 1 or more
main functions.'' (42 U.S.C. 6295(gg)(1)(A)(i)) This statutory
definition of ``active mode'' is comparable to what is referred to as
``on-cycle'' in the current vented heater test procedures. 10 CFR part
430, subpart B, appendix O, section 4.0 Calculations. On-cycle is the
period during the heating season when the vented heater is performing
its main function (i.e., heat delivery). The heat delivery process
begins with the activation of the burner followed by, or simultaneously
with, the activation of circulating fans, and ends with the
deactivation of these components. As discussed in section III.B.3
below, the duration of on-cycle can be estimated in the test procedure
as burner operating hours (BOH).
Section 310(3) of EISA 2007 defines ``standby mode'' as ``* * * the
condition in which an energy-using product--(I) is connected to a main
power source; and (II) offers 1 or more of the following user oriented
or protective functions: (aa) To facilitate the activation or
deactivation of other functions (including active mode) by remote
switch (including remote control), internal sensor, or timer; (bb)
Continuous functions, including information or status displays
(including clocks) or sensor-based functions.'' (42 U.S.C.
[[Page 52896]]
6295(gg)(1)(A)(iii)) The statutory definition of ``standby mode'' is
comparable to what is referred to as ``off-cycle'' in the current
vented heater test procedure. 10 CFR part 430, subpart B, appendix O,
section 4.0 Calculations. The duration of off-cycle would be the total
time during the heating season when the vented heater is connected to
power sources and not in active mode.
Section 310(3) of EISA 2007 defines ``off mode'' as ``* * * the
condition in which an energy-using product--(I) is connected to a main
power source; and (II) is not providing any standby or active mode
function.'' (42 U.S.C. 6295(gg)(1)(A)(ii)) For vented heaters, off mode
would occur during the non-heating season when the vented heater is
connected to power sources but is not activated to provide heat. The
statutory definition of ``off mode'' is comparable to what is referred
to as non-heating season in the current vented heaters test procedure.
The proposed definitions are located in 10 CFR part 430, subpart B,
appendix O, section 4.0 Calculations.
DOE believes these proposed definitions provide the clarification
necessary to carry out the requirements of EISA 2007 without unduly
complicating matters by addressing the potential for minor
inaccuracies, such as those that might be caused by slight differences
in run times for burners and air circulating fans (see section III.B.3
below). DOE requests comments on this approach for characterizing the
active mode, standby mode, and off mode operation of vented heaters.
1. Treatment of Fossil-Fuel Consumption in Existing Test Procedures for
Fossil-Fueled Vented Heaters
DOE has tentatively concluded that the existing test procedures for
vented heaters already fully account for and integrate standby mode and
off mode fossil fuel energy consumption.\5\ Underlying the basis for
this conclusion is the manner in which gas consumption is accounted for
in two of the test procedure's efficiency metrics, the part-load fuel
utilization efficiency and the Annual Fuel Utilization Efficiency
(AFUE).
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\5\ The only possible fossil fuel standby mode or off mode
energy use for vented heaters would be the energy consumption
associated with a constant-burning pilot light. Therefore, only gas-
fired vented heaters are a part of this discussion, where the term
``gas-fired'' encompasses both natural gas and propane. Oil-fired
vented heaters do not have pilot lights. In the case of electrical
energy use, all types of vented heaters may have measurable standby
mode and off mode energy use.
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The existing test procedure for vented heaters is a flue loss
procedure which, accordingly, requires measurement of temperatures and
percent concentrations of carbon dioxide (CO2) in the flue.
The fossil fuel and electric input is measured within a tolerance of
the nameplate input.\6\ For units equipped with a constant-burning
pilot light, a separate measurement of energy input to the pilot light
is required. An exception to the pilot light measurement requirement is
granted to manually- controlled heaters where the pilot light is
designed to be turned off by the user when the heater is not in use and
where the unit is labeled with instructions to do so.
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\6\ Nameplate input is the energy supply rate in Btus per hour,
which is physically listed on the tested vented heater. Testing at
this input would be the most appropriate and consistent way to
specify a uniform test input rate.
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From this relatively limited set of data, on-cycle and off-cycle
losses are determined using empirical coefficients and a suite of
calculations that address various design features such as manual and
modulating controls. Direct measurement of draft coefficients for units
that are installed with thermal stack dampers is required. At the
manufacturer's discretion, this direct measurement procedure is
optional for vented heaters without thermal stack dampers. The gas
pilot light consumption is present during testing and is, therefore,
accounted for in the off-cycle.
The test procedure's on-cycle and off-cycle provisions are
essentially identical in meaning to the EISA 2007 statutory definitions
of ``active mode'' and ``standby mode,'' respectively. This on-cycle/
off-cycle format provides a complete accounting of gas energy use
during the entire heating season. In EISA 2007 terminology, gas
consumption in both active mode and standby mode is fully accounted for
and integrated into the test procedure's primary efficiency metric,
part-load fuel utilization efficiency.
A second efficiency descriptor, AFUE, provides an accounting of the
non-heating-season fossil-fuel energy consumption (i.e., pilot light
energy consumption). Non-heating season directly relates to the EISA
2007 definition of ``off mode.'' Accordingly, DOE has tentatively
concluded that the AFUE provides a full accounting of fossil-fuel off
mode energy consumption pursuant to EISA 2007.
Part-load efficiency is calculated for vented heaters with manual
controls and thermal dampers. For all other vented heaters, the
calculations produce an AFUE without separately calculating part-load
efficiency. Nonetheless, regardless of whether part-load efficiency is
separately calculated or not, AFUE represents a full accounting of
annual fossil-fuel consumption (i.e., active mode, standby mode, and
off mode) into a single efficiency descriptor.
In addition to the efficiency descriptors discussed above, the
vented heater test procedure's annual energy consumption calculations
also represent a complete accounting of fossil-fuel energy consumption.
In sum, the energy efficiency and consumption equations in the
existing test procedures for vented heaters provide an entire year's
accounting of fossil-fuel energy consumption (i.e., 8,760 hours),\7\
which includes active mode, standby mode, and off mode energy
consumption, as required under EISA 2007. Given that EISA 2007 does not
prescribe any time periods over which to measure the energy consumption
for all three modes, DOE believes it is reasonable to interpret the Act
as permitting the consolidation of active mode, standby mode, and off
mode together into an entire year's accounting.
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\7\ Each year comprises 8,760 hours--i.e. (365 days/year) x (24
hours/day) = 8,760 hours/year.
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In consideration of the above, and pursuant to section 310(2)(A)(i)
of EISA 2007, DOE has tentatively concluded that the existing test
procedures for vented heaters already fully account for and integrate
standby mode and off mode fossil-fuel energy consumption.
2. Specific Amendments for Vented Heaters
Some vented heaters have electric auxiliaries. In most cases, the
only electric auxiliary associated with vented heaters is the air
circulating fan. However, it is conceivable that other auxiliaries,
such as power burners and damper controls, could be present, and such
devices may have associated electric standby mode and off mode energy
consumption. The vented heater test procedure, as written, requires
measurement of maximum auxiliary electric power and does not
distinguish separate measurements of multiple components. For vented
heaters so equipped, this maximum auxiliary electric power measurement
would include the total active wattage of multiple auxiliaries. DOE
believes this single measurement of maximum active wattage coupled with
the estimate of active hours, discussed below in section III.B.3,
constitutes a full accounting of what EISA 2007 refers to as active
mode electrical consumption. Accordingly, no amendments are offered
today to expand the active mode accounting of electrical energy
consumption.
[[Page 52897]]
However, since operation of vented heaters with electric
auxiliaries may also result in electric energy consumption in standby
mode and off mode, and since electric standby mode and off mode are not
accounted for, it will be necessary to amend the vented home heating
equipment test procedures. First, it is necessary to include a
measurement of the standby mode and off mode electrical consumption
rate (i.e., wattages). This can be done by adding a new subsection to
the vented home heating equipment test procedure. Specifically,
separate measurements of standby mode and off mode wattages can be
added to section 3.0, Testing and measurements, of 10 CFR part 430,
subpart B, appendix O. For these provisions, DOE proposes to reference
IEC Standard 62301 for the measurement itself. The added section would
require only one measurement of wattage if there is no difference
between standby mode and off mode. Separate measurements would be
required if a difference is expected. Clarification of the requirement
for separate measurements is provided in section III.B.4.
It is further clarified in this added section that the existing
test procedure specifications for ambient temperature and voltage shall
apply in lieu of the IEC 62301 standard provisions for these
parameters. This is done to avoid the possibility of unnecessary burden
that might result if the slightly different IEC provisions were
required. These parameters have little bearing on the measurement of
electrical standby mode and off mode energy consumption as long as they
are reasonably uniform during the test. The existing test procedure
requires uniform control of these parameters and, thus, should suffice
for these added measurements.
A second amendment is needed to specify how to calculate the annual
electrical standby mode and off mode energy consumption from the
measured wattages. This can be done by adding a new calculation
subsection within existing section 4.0, Calculations, of 10 CFR part
430, subpart B, appendix O. The new subsection would be designated as
4.7, Average annual electric standby mode and off mode energy
consumption. This added subsection would assign mode hours consistent
with the annual accounting already in the test procedure. Specifically,
off mode hours would be assigned the test procedure's value for non-
heating season hours. Standby mode hours would be assigned the test
procedure's value for heating season hours minus the active mode hours,
where active mode hours would be assigned the test procedures value for
burner operating hours.
No changes to the current regulating quotient, AFUE, are proposed.
Therefore, the proposed test procedure amendments related to standby
mode and off mode would not impact testing and certification under the
existing energy conservation standard (which does not currently address
standby mode and off mode energy consumption in a comprehensive
manner). DOE considered proposing an integrated AFUE that would
incorporate the standby mode and off mode energy consumption into the
existing AFUE by adding this additional energy consumption to the
active energy consumption within the AFUE quotient. However, DOE has
determined that such integration is technically infeasible for vented
heaters. This is because the standby mode and off mode energy usage is
essentially not measureable due to the fact that most manufacturers'
ratings of AFUE (as well as the current energy conservation standards)
are presented to the nearest whole number, and the magnitude of the
energy for standby mode and off mode would be so comparatively small
that it would be unlikely to change the reported value. For example,
assuming a representative 4 watts \8\ of standby mode and off mode
power might only represent 0.3 percent of the total active energy
consumption, and it is expected that in most cases, no change in the
reported AFUE would result because of the integration.
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\8\ DOE does not have complete knowledge of the range of
expected standby wattages for all types of vented heaters at this
time, but it is assumed to be less than the 7-watt average that DOE
has determined for central furnaces. This is because vented heaters
typically do not have as extensive an array of electrical components
and controls as compared to central furnaces. For example, a vented
heater may have one small fan as its only electrical component,
whereas a central furnace might have a larger circulating fan,
electrical power burners, igniters, and considerably more associated
electronic controls.
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DOE's proposed approach would allow for the measurement of standby
mode and off mode electrical energy consumption of different vented
heater products. Although the magnitude of energy savings may be small
for a given unit, it could be substantial when aggregated across the
full range of covered products over the 30-year analysis period. DOE
plans to further address the standby mode and off mode electrical
energy consumption of vented heaters in the next standards rulemaking.
DOE seeks comment on its tentative conclusion that it would be
technically infeasible to adopt an integrated AFUE for vented heaters,
as well as the accuracy of the assumptions made regarding the relative
magnitude of the standby mode and off mode energy consumption for
vented heaters.
3. Active Mode Hours Approximated by Burner Operating Hours for Vented
Heaters
As mentioned above in section III.B.2, today's proposal would
assign active mode hours of a particular vented heater as its burner
operating hours (BOH). BOH is a calculated value in the existing test
procedure for gas-fired and oil-fired vented heaters. BOH is determined
by estimating the expected annual heating load and deducing the burner
on hours necessary to address the annual heating load. BOH is exactly
the active mode hours for the burner itself. However, the blower and
other electric auxiliaries may have different active mode hours because
of intentional time delays and overruns. This possible slight
inaccuracy in the active mode hours accounting would be expected to
have an insignificant effect on the overall accounting of standby mode
and off mode energy consumption, considering the order of magnitude
difference between standby mode and off mode hours compared to active
mode hours. For example, assuming a representative BOH of 800 hours,
the corresponding standby mode and off mode hours would be 7,960 hours
(8,760-800); accordingly, a one-percent error in BOH would result in a
0.1-percent error in standby mode and off mode accounting. Therefore,
considering the complexity and increased burden of expanding the
accounting to provide detailed auxiliary run hours with no significant
improvement in quantifying the magnitude of standby mode and off mode
energy consumption, DOE maintains that assigning active mode hours for
all electrical auxiliaries as burner operating hours is both uniform
and reasonable.
4. Measurement of Standby Mode and Off Mode Wattages of Vented Heaters
Today's proposed amendments allow for a single wattage (i.e.,
electrical power) measurement to serve as both standby mode wattage and
off mode wattage. DOE has tentatively concluded that this is a
reasonable approach when there is expected to be no difference between
the two modes in terms of wattage. This would be the case for most
vented heater designs where the appliance is not disconnected from the
electric power source or where there is an absence of some other
condition that would affect standby mode and off mode wattage. The
utilization of a seasonal off switch would be a case
[[Page 52898]]
where a reduction or elimination of off mode wattage compared to
standby mode wattage can be expected. On units so equipped, a separate
measurement of off mode wattage would be required, and zero wattage for
off mode would be a distinct possibility. Although DOE is not currently
aware of some other factor or condition that might affect a difference
between standby mode and off mode, a separate measure of off mode
wattage would also be required anytime the wattages are expected to
differ.
DOE believes the phrases ``reduction or elimination'' and
``seasonal off switch'' are unambiguous and clear enough to direct the
testing official as to when a separate measurement of off mode wattage
is needed. DOE invites comments on the appropriateness and workability
of these provisions.
5. Incorporating by Reference IEC Standard 62301 (First Edition 2005-
06) for Measuring Standby Mode and Off Mode Energy Consumption for
Vented Heaters
As noted previously, EPCA, as amended by EISA 2007, requires that
test procedures be amended to include standby mode and off mode energy
consumption, taking into consideration the most current versions of
Standards 62301 and 62087 of the International Electrotechnical
Commission. (42 U.S.C. 6295(gg)(2)(A)) Today's amendments would
reference the IEC Standard 62301 to obtain the standby mode and off
mode measured wattage. The amended test procedure would use these
measured wattages in calculations to accomplish the incorporation of
standby mode and off mode energy consumption into the test procedures.
DOE reviewed the IEC Standard 62301 and believes it is generally
applicable to vented heater testing, although some clarification is
needed. Specifically, because there is a possible conflict with
provisions of the existing procedures, DOE is clarifying in the
proposed standby mode and off mode measurement provisions that the
accuracy and precision provisions of the IEC Standard 62301 are to be
used in lieu of the existing test procedure accuracy provisions. The
issues addressed in the IEC Standard 62301 of supply voltage waveform
and power measurement accuracy apply to any measurement of low
electrical power, including the low-power measurement for vented heater
standby mode and off mode. The existing test procedures' accuracy and
measurement provisions will still apply to the measurement of active
mode electricity consumption. Further, it is clarified that the
existing test procedure's specification of room ambient temperature and
voltage, and not the corresponding specifications of the IEC Standard,
will apply for these measurements. The IEC specification of room
ambient conditions is slightly more restrictive than those of the
existing DOE test procedure. However, DOE has tentatively concluded
that there would be no meaningful difference in wattage measurement
resulting from the two differing specifications. Overall, IEC Standard
62301 is concise and well organized, and its use should not pose a
significant burden to anyone having the ordinary skill and knowledge
associated with the vented heater manufacturing and testing industries.
DOE also reviewed IEC Standard 62087, which specifies methods of
measuring the power consumption of television (TV) receivers, video
cassette recorders (VCRs), set top boxes, audio equipment, and multi-
function equipment for consumer use. IEC Standard 62087 does not,
however, include measurement for the power consumption of electrical
appliances such as vented heaters. Therefore, DOE has tentatively
concluded that IEC Standard 62087 is unsuitable for use regarding the
proposed amendments to the vented heater test procedures.
C. Proposed Test Procedure Amendments for Unvented Heaters
Consistent with the requirements of EISA 2007, today's proposal
also includes test procedure amendments to address the standby mode and
off mode energy consumption of unvented heaters. These amendments are
less involved, as compared to those for vented heaters. Specifically,
to effect the necessary changes for unvented heaters, DOE proposes to
add only certain measurement provisions to the existing test procedure.
DOE has tentatively concluded that no added or amended calculations to
quantify annual standby mode and off mode energy use are necessary. The
reasons for this approach are discussed below in detail. DOE believes
that its proposed amendments are appropriate for unvented heater
products and are consistent with the direction provided in EISA 2007
for both test procedures and standards. (42 U.S.C. 6295(gg)(2) and (3))
By way of background, the unvented heater test procedure is found
at 10 CFR 430.23(g) and 10 CFR part 430, subpart B, appendix G. This
test procedure applies to the active mode of both electric and fossil-
fueled unvented heaters, and it only requires measurement of input
energy rate (e.g., Btu's/hour). Output energy rate is simply equated to
input energy rate, because all the input energy is delivered to the
heated space as useful heat. This energy rate is converted by
mathematical constants to either dollars per million Btu's output and/
or annual energy consumption. (Annual energy consumption is calculated
only for heaters that are the primary heating source for the entire
house. Supplemental heaters only require calculation of dollars per
million Btu's.) As currently written, this test procedure generally
reflects the lack of any appreciable energy performance difference
among models of this product subcategory. This product subcategory has
not been subject to any labeling requirements or energy conservation
standards, because of the lack of appreciable performance difference as
would support regulation. As mentioned above, pursuant to EISA 2007,
DOE must now include provisions to measure standby mode and off mode
energy use in the test procedures used for these and many other
products. This brings up the question of whether unvented heaters use
energy in standby mode or off mode and whether this energy consumption
might be regulated. DOE anticipates that such test procedure amendments
could identify an opportunity for energy performance improvements in
unvented heater models, which would in turn require DOE to consider
regulating this energy performance.
DOE realizes that this product subcategory presents a unique set of
circumstances when addressing the applicable provisions of EISA 2007,
particularly the requirement to eventually include standby mode and off
mode energy consumption in a future energy conservation standard.
First, unlike other test procedures, appendix G does not include energy
efficiency or energy use metrics that would allow for the integration
of standby mode and off mode energy use. Instead, it merely provides a
measure of energy consumption for that unit. As a consequence, there
currently exists no basis to establish what EISA 2007 would call a
single or integrated standard for the energy efficiency of unvented
heaters.
Second, standby mode energy use (defined as energy use during the
heating season when the heater is not on) is as effective in heating
the space as active mode energy use. Therefore, this energy consumption
is not energy waste, but, rather, it is useful output. Accordingly, it
may not be beneficial to measure this energy use or appropriate to
consider its regulation in an energy conservation standard, unless it
is
[[Page 52899]]
properly considered as part of the overall system.
Finally, off mode energy consumption (defined as non-heating-season
energy consumption) could be considered ineffective energy use and,
accordingly, could be minimized by prescribing a separate energy
conservation standard. However, defining a representative off mode for
this subcategory is difficult because of the lack of data on consumer
use. For example, prior to the present rulemaking proceeding, DOE has
not been aware of data, or attempted to collect data, on the fraction
of the year unvented heaters might be unplugged or otherwise
disconnected from the energy source, and the extent to which pilot
lights are turned off during the non-heating season.
This unique set of circumstances formed the basis of an inquiry to
nine manufacturers of unvented heaters, a number which DOE believes
would provide representative input from the affected industry.
Specifically, a request for information regarding possible standby mode
and off mode energy use for unvented heaters was sent to manufacturers
in March 2009. This request for information outlined the issue and
asked specific questions designed to aid DOE in addressing the
requirements of EISA 2007 for these products. The letter and responses
received are available at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/water_pool_heaters_tp_nopr.html.
Basically, all respondents agreed as to the unique set of
circumstances for this product type. The respondents reported that
standby mode and off mode energy use is present in some designs of
unvented heaters. Specifically, fossil-fueled unvented heaters could
have constant-burning pilot lights and electric remote controls, both
of which would contribute to standby mode and off mode energy use.
Similarly, electric heaters could have remote controls that would
contribute to off mode energy use. All respondents agreed that it is
difficult to define an average representative use cycle for these
products, particularly in the off mode. One respondent, the Association
of Home Appliance Manufacturers (AHAM), suggested that the off mode be
ignored entirely for portable electric heaters, considering the
evidence of these units being unplugged when not in use. Specifically,
AHAM stated that consumer data, collected by The Stevenson Group for
AHAM in 2004, reports that 86 percent of the consumers unplug their
portable electric heaters per the safety instructions. (AHAM, No. 2 at
pp. 1-2)
In consideration of all of above, DOE believes that the best way to
satisfy the EISA 2007 test procedure requirements is to propose
additional measurement provisions for standby mode and off mode energy
rates without attempting to define an average representative use cycle.
The added measurement provisions for pilot lights would be similar
those already incorporated in vented heater test procedure. The added
measurement provisions for electrical standby mode and off mode energy
use rates would be similar to what is proposed today for vented
heaters. Both of these added provisions would allow for exemption from
measurement if there is means to disconnect the power source when not
in use and instructions to do so are clearly visible. This exemption
from measurement is identical to what is currently in the existing
vented heater test procedures as applied to pilot lights on manually-
controlled heaters. DOE believes this exemption from measurement should
apply to unvented heaters so equipped.
The proposed approach does not relinquish DOE's authority to
regulate unvented direct heating equipment, given the statutory
directive to consider amended standards for ``direct heating
equipment'' generally. (42 U.S.C. 6295(e)) The results of the
additional measurements provisions could be used to regulate standby
mode and off mode energy use for these products.
DOE is interested in receiving comment on its tentative decision
not to define a representative use cycle for unvented heaters and the
sufficiency of the proposed amendments. DOE is particularly interested
in data that might allow for more complete treatment of unvented
heaters.
D. Proposed Test Procedure Amendments for Pool Heaters
As indicated above, EISA 2007 requires amendment of the test
procedures for pool heaters to account for standby mode and off mode
energy consumption. The applicable pool heater test procedure is found
at 10 CFR 430.23(p) and 10 CFR part 430, subpart B, appendix P. As
explained below, consumption of fossil fuel in the standby mode is
already included in the existing test procedure's calculations.
However, DOE is proposing to add a specific measurement procedure for
fossil-fuel standby mode and off mode energy consumption, because there
is currently no protocol for actual measurement of such energy
consumption. In addition, measurement and calculation provisions need
to be added for off mode fossil-fuel energy consumption. Furthermore,
the test procedures need additional measurement and calculation
provisions to integrate electrical standby mode and off mode energy
use, as required by EISA 2007. The sections below explain the existing
test procedure's requirements for measuring the fossil-fuel and
electrical energy consumption of pool heaters, followed by a discussion
of DOE's proposed amendments pertaining to the measurement of standby
mode and off mode energy consumption for these products.
1. Treatment of Fossil-Fuel Consumption in Existing Test Procedures for
Pool Heaters
The existing DOE test procedure for pool heaters is based on a
steady-state measure of thermal efficiency in active mode, as specified
by ANSI Standard Z21.56-1994, ``Gas-Fired Pool Heaters.'' (It is noted
that ``thermal efficiency'' is specified by statute as the regulating
efficiency descriptor. (42 U.S.C. 6291(22)) It is also noted that the
current version of this ANSI standard was released in 2006. Upon
review, DOE found no substantive differences between the 1994 version
and the 2006 version, and accordingly, DOE is proposing to update the
incorporation by reference in DOE's regulations at 10 CFR 430.3.) The
DOE pool heater test procedure as it now appears in 10 CFR part 430,
subpart B, appendix P extends this ANSI procedure by creating a heating
seasonal efficiency descriptor (EFFYHS). The heating
seasonal efficiency accounts for active and standby modes of fossil-
fuel energy consumption, and unlike thermal efficiency, it also
accounts for auxiliary electrical energy consumption in the active
mode, which is identified in the test procedure as the period of time
when the main heating device is energized.
Fossil-fuel energy consumption in the standby mode, which is
essentially the pilot light energy consumption (QP), is
included in the existing test procedure's calculations of heating
seasonal efficiency. The term Qp is currently included in
the test procedures' equations without a specified protocol to
ascertain the value of Qp. No default value for
Qp is specified, so it is not clear how this value is
obtained. Accordingly, today's proposal would provide a method by which
to measure the pilot light energy consumption to help quantify fossil
fuel consumption in the standby mode.
The existing test procedures' heating seasonal efficiency includes
an accounting of fossil-fuel standby mode that DOE believes is
consistent with
[[Page 52900]]
EISA 2007 guidance for standby mode. Specifically, standby mode is when
the pool heater is connected to the main power source but the heater's
main heating device is not functioning. The test procedure establishes
that the duration of the standby mode is equivalent to the number of
pool operating hours (POH) during the year (4,464 hours) minus the
burner operating hours (BOH = 104 hours), where 4,464 and 104 are
assigned values already in the existing test procedure. DOE believes
this accounting is consistent with EISA 2007 and, accordingly, should
remain as the basis of incorporating standby mode. Under today's
modified approach, the active mode rate of consumption would be
multiplied by the time during which the pool heater is in the active
mode, and the standby mode rate of consumption would be multiplied by
the time during which the pool heater is in the standby mode.
The existing DOE pool heater test procedure does not account for
off mode fossil-fuel energy consumption (i.e., the amount of energy
used when the pool heater is not in service). Off mode operation would
occur outside the pool heating season that is currently described in
the test procedure by the average number of pool operating hours during
the year, which is defined as 4,464 h per year throughout the country.
The pilot light energy consumption during this period would be an
example of off mode fossil-fuel energy consumption. Under the modified
approach, DOE proposes to now include off mode fossil-fuel energy
consumption measurement provisions and to incorporate the results into
the test procedures' energy usage and efficiency equations. Again,
under today's modified approach, the off mode rate of consumption would
be multiplied by the time during which the pool heater is in the off
mode. However, for pool heaters with a seasonal off switch, off mode
fossil-fuel energy consumption would be assigned a value of zero.
2. Treatment of Electricity Consumption in Existing Test Procedures for
Pool Heaters
As mentioned in section III.D.1, the electricity consumption during
active mode is incorporated in the heating seasonal efficiency
descriptor, but electricity consumption during the standby mode or off
mode is not considered in the existing DOE pool heater test procedure.
Under the modified approach, DOE proposes to introduce standby mode and
off mode electrical energy consumption measurement provisions and to
incorporate the results into the test procedures' energy usage and
efficiency equations. However, for pool heaters with a seasonal off
switch, off mode electrical energy consumption would be assigned a
value of zero.
3. Measurement of Standby Energy Consumption in ANSI/ASHRAE Standard
146-2006
ANSI/ASHRAE Standard 146-2006, ``Method of Testing and Rating Pool
Heaters,'' extends the procedure specified by ANSI Standard Z21.56 by
including a test in which the energy consumption in standby mode is
measured. During this 60-minute standby test, the thermostat setting
for the pool heater is set low enough so that the pool heater does not
enter active mode during the test. The total electricity and natural
gas energy consumption is measured over this 60-minute period and added
to provide a metric for standby mode energy consumption. Today's NOPR
proposes to adopt a similar approach to measure standb
