Energy Conservation Program for Consumer Products: Test Procedures for Residential Furnaces and Boilers (Standby Mode and Off Mode), 64621-64633 [2010-26369]
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Rules and Regulations
Federal Register
Vol. 75, No. 202
Wednesday, October 20, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
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are keyed to and codified in the Code of
Federal Regulations, which is published under
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2008–BT–TP–0020]
RIN 1904–AB89
Energy Conservation Program for
Consumer Products: Test Procedures
for Residential Furnaces and Boilers
(Standby Mode and Off Mode)
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The U.S. Department of
Energy (DOE) is amending its test
procedures for residential furnaces and
boilers to include provisions for
measuring standby mode and off mode
energy consumption, as required by the
Energy Independence and Security Act
of 2007 (EISA 2007). These test
procedure amendments are primarily
based on and incorporate by reference
provisions of the International
Electrotechnical Commission (IEC)
Standard 62301, ‘‘Household electrical
appliances—Measurement of standby
power.’’ This final rule adds new
calculations to determine the annual
energy consumption associated with
standby mode and off mode measured
power, and it modifies the existing
energy consumption equations to
integrate standby mode and off mode
energy consumption into the calculation
of overall annual energy consumption of
these products. This final rule also
adopts a number of definitions for key
terms.
DATES: This rule is effective November
19, 2010. The incorporation by reference
of certain publications listed in the rule
is approved by the Director of the
Federal Register on November 19, 2010.
ADDRESSES: You may review copies of
all materials related to this rulemaking
at the U.S. Department of Energy,
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SUMMARY:
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Resource Room of the Building
Technologies Program, 950 L’Enfant
Plaza, SW., Suite 600, Washington, DC
(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 regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr.
Mohammed Khan, 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) 586–7892. 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. Telephone:
(202) 586–9507. E-mail:
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION: This final
rule incorporates by reference the
following standard into part 430.
• International Electrotechnical
Commission (IEC) Standard 62301 (‘‘IEC
62301’’), Household electrical
appliances—Measurement of standby
power (first edition, June 2005).
Copies of IEC Standard 62301 can be
purchased from the American National
Standards Institute, 11 West 42nd
Street, New York, New York 10036,
(212) 642–4936, or https://
webstore.iec.ch.
You can also view copies of this
standards at the U.S. Department of
Energy, Resource Room of the Building
Technologies Program, 950 L’Enfant
Plaza, SW., 6th Floor, Washington, DC
20024, (202) 586–2945, between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
Table of Contents
I. Background and Authority
II. Summary of the Final Rule
III. Discussion
A. Possible Conflicts Between IEC
Standard 62301 and Existing Test
Procedures
B. Alternate Test Procedure for Boilers
C. Additional Issues Raised by Energy
Kinetics
D. Need for an Integrated Annual Fuel
Utilization Efficiency (AFUEI)
E. Other Comments Received on the
Supplemental Notice of Proposed
Rulemaking
IV. Effect of Test Procedure Revisions on
Compliance With Standards
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V. Compliance With Other EPCA
Requirements
VI. 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
M. Congressional Notification
VII. 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 the Act) sets forth a
variety of provisions designed to
improve energy efficiency. Part A 1 of
Title III (42 U.S.C. 6291–6309)
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles,’’ including
residential furnaces and boilers (all of
which are referenced below as ‘‘covered
products’’).2 (42 U.S.C. 6291(1)–(2) and
6292(a)(5))
Under the Act, this program consists
essentially of three parts: (1) Testing;
(2) labeling; and (3) establishing Federal
energy conservation standards. The
testing requirements consist of test
procedures 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 representing the
efficiency of those products. Similarly,
DOE must use these test procedures to
determine whether the products comply
with standards adopted under 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 ‘‘[a]ny
test procedures prescribed or amended
1 This part was originally titled Part B. It was
redesignated Part A in the United States Code for
editorial reasons.
2 All references to EPCA refer to the statute as
amended through the Energy Independence and
Security Act of 2007, Public Law 110–140.
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under this section 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, as determined by the
Secretary [of Energy], 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 on
them, with a comment period no less
than 60 or more than 270 days. (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))
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 measures 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
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 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
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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).3 Id. For residential furnaces
and boilers, the statute directed DOE to
prescribe any such amendment to the
test procedures by September 30, 2009.
(42 U.S.C. 6295(gg)(2)(B)(iv))
DOE’s current test procedure for
residential furnaces and boilers is found
at 10 CFR part 430, subpart B, appendix
N, Uniform Test Method for Measuring
the Energy Consumption of Furnaces
and Boilers. DOE established its test
procedures for furnaces and boilers in a
final rule published in the Federal
Register on May 12, 1997. 62 FR 26140.
This procedure establishes a means for
determining annual energy efficiency
and annual energy consumption of gasfired, oil-fired, and electric furnaces and
boilers. It is important to note that gasfired and oil-fired furnaces and boilers
consume both fossil fuel and electricity.
Electric furnaces and boilers only
consume electricity. In this test
procedure, fossil-fuel energy
consumption is accounted for
comprehensively over a full-year cycle,
thereby satisfying EISA 2007
requirements for fossil-fuel standby
mode and off mode energy
consumption. However, electrical
energy consumption in standby mode
and off mode is not accounted for in the
current test procedure.
Proposed amendments to include
electrical energy consumption in
standby mode and off mode were
published in the Federal Register in the
July 27, 2009, notice of proposed
rulemaking (NOPR). 74 FR 36959. DOE’s
proposal was presented and explained
at a public meeting on August 18, 2009
at DOE headquarters in Washington, DC.
DOE invited written comments, data,
and information on the NOPR and
accepted such material through October
13, 2009.
Subsequent to the NOPR, DOE issued
a Supplemental Notice of Proposed
Rulemaking (SNOPR) for the purpose of
adding an integrated metric that
incorporates standby mode and off
mode energy consumption into the
statutorily-identified efficiency
descriptor, Annual Fuel Utilization
Efficiency (AFUE). The SNOPR was
published in the Federal Register on
April 5, 2010. 75 FR 17075. An
extension of the comment period was
3 IEC standards are available for purchase at:
https://www.iec.ch.
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published in the Federal Register on
April 14, 2010. 75 FR 19296. The
comment period closed on April 27,
2010.
II. Summary of the Final Rule
In this final rule, DOE is amending
the current test procedure for furnaces
and boilers in order to implement recent
amendments to EPCA pertaining to
measurement of standby mode and off
mode energy consumption. As an initial
matter, DOE has concluded that the
existing test procedures already fully
account for and incorporate the standby
mode and off mode fossil-fuel energy
consumption of gas-fired and oil-fired
furnaces and boilers. Accordingly, for
the fossil-fuel aspect of these units, no
further action is required. (42 U.S.C.
6295(gg)(2)(A)(i)) However, to address
electrical standby mode and off mode
energy use, today’s amendments
incorporate by reference into the DOE
test procedures, 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 this
standard for measuring standby mode
and off mode power consumption for
furnaces and boilers.4
In addition, the amendments add new
calculations to determine annual energy
consumption associated with electrical
standby mode and off mode measured
power. The amendments modify
existing energy consumption equations
to integrate electrical standby mode and
off mode energy consumption into the
calculation of overall annual energy
consumption of these products. Finally,
the final rule also adopts definitions for
a number of key terms.
Since the time of the NOPR and
public hearing, DOE proposed that one
additional test procedure change is
needed to carry out the purposes of
EISA 2007. Specifically, it was thought
necessary to add an integrated metric
that incorporates standby mode and off
mode energy consumption into the
statutorily-identified efficiency
descriptor, AFUE. For the reasons
discussed below, after considering
public comments, DOE has determined
that the proposed test procedure change
4 EISA 2007 directs DOE to also consider IEC
Standard 62087 when amending its test procedures
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. However, IEC
Standard 62087 does not include measurement of
the power consumption of appliances such as
furnaces and boilers. Therefore, DOE has
determined that IEC Standard 62087 is not
applicable to this rulemaking.
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for an integrated metric is not
technically feasible.
Today’s amendments are essentially
as proposed in the July 27, 2009 NOPR.
74 FR 36959. DOE has provided further
clarification in this final rule on how to
implement the IEC Standard 62301
standard, as a result of public
comments. These comments and
clarifications are discussed fully below.
As provided by EPCA, amendments to
the test procedure to measure standby
mode and off mode energy consumption
shall not be used to determine
compliance with previously established
standards. (42 U.S.C. 6295(gg)(2)(C))
Furthermore, EPCA requires DOE to
determine whether a proposed test
procedure amendment would alter the
measured efficiency of a product, and
require adjustment of the existing
standards. (42 U.S.C. 6293(e)) However,
the inclusion of standby mode and off
mode test methods in this final rule will
not affect a manufacturer’s ability to
demonstrate compliance with the
current energy conservation standards
for residential furnaces and boilers. The
new test procedure provisions clearly
state that the standby mode and off
mode test need not be performed to
determine compliance with the current
energy conservation standards for
furnaces and boilers, because the
standards do not comprehensively
account for all standby mode and off
mode energy consumption.
Today’s final rule, which include
provisions for measuring standby mode
and off mode, will become effective in
terms of adoption into the Code of
Federal Regulations (CFR), 30 days after
the date of publication in the Federal
Register. Manufacturers will be required
to use this test procedure’s standby
mode provisions to demonstrate
compliance with any future energy
conservation standards for residential
furnaces and boilers as of the
compliance date of a final rule
establishing amended energy
conservation standards for furnaces and
boilers that fully address standby mode
and off mode energy consumption. The
introductory note to 10 CFR part 430,
subpart B, appendix N reads as follows:
‘‘The procedures and calculations that
refer to standby mode and off mode
energy consumption, (i.e., sections 8.6
and 10.9 of this appendix N) need not
be performed to determine compliance
with energy conservation standards for
furnaces and boilers at this time.
However, any representation related to
standby mode and off mode energy
consumption of these products made
after April 18, 2011 must be based upon
results generated under this test
procedure, consistent with the
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requirements of 42 U.S.C. 6293(c)(2).
After July 1, 2010, any adopted energy
conservation standard shall address
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.’’
The quoted language will be removed in
the rulemaking to amend the energy
conservation standards for residential
furnaces and boilers which must also
address standby mode and off mode
energy consumption. A statement has
also been added to the introductory note
to clarify that any representations
pertaining to standby mode and off
mode energy consumption that are
made after a date 180 days after
publication of the test procedure final
rule in the Federal Register must be
based upon testing under the relevant
provisions of this test procedure.
Although this is a statutory requirement
under 42 U.S.C. 6293(c), DOE has
concluded that it would be useful to
explicitly state this requirement in
DOE’s regulations.
III. Discussion
In the July 27, 2009 NOPR and at the
subsequent August 18, 2009 public
meeting, DOE sought input from
interested parties on the proposed
amendments to the DOE test procedure
for furnaces and boilers to address
standby mode and off mode energy use.
Three written comments were received
from the Air-Conditioning, Heating and
Refrigeration Institute (AHRI), the
People’s Republic of China (China), and
Energy Kinetics, Inc. Two comments
were generally supportive of the
proposed amendments but asked for
clarification and specific modifications
on how to implement the IEC Standard
62301 in light of some possible conflicts
with the existing test procedure’s
specifications. (AHRI, No. 08 at pp.
1–2; China, No. 09 at p. 3.) A third
comment asked for consideration of a
completely new test procedure for
boilers (Energy Kinetics, No. 3 at pp.
1–3). This third comment is not directly
related to the purpose of these
amendments that are the basis for this
test procedure rulemaking to address
measurement of standby mode and off
mode energy consumption, but it is
discussed separately below.
In general, DOE has retained the
approach to measurement of standby
mode and off mode presented in the
July 2009 NOPR with certain
modifications based upon public
comment input, so for further details,
please consult that document. 74 FR
36959 (July 27, 2009). DOE notes that
numerous comments were received on
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the supplemental proposal of an
integrated AFUE (AFUEI), the
overwhelming majority of which
opposed adoption of the proposed
integrated metric. These comments and
the overall discussion of the regulating
metric for this product are discussed
below. However, to summarize here,
based upon a careful examination of
these public comments, DOE has
concluded that an integrated metric
(AFUEI) is not technically feasible,
because the standby mode and off mode
energy usage, when measured, is
essentially lost in practical terms due to
the fact that manufacturers’ ratings of
AFUE are presented to the nearest
whole number. Consequently, DOE has
decided to withdraw its AFUEI
proposal.
A. Possible Conflicts Between IEC
Standard 62301 and Existing Test
Procedures
The AHRI comments recommended
that the existing test procedure’s
provisions 5 should be used whenever
there is a possible conflict with IEC
Standard 62301. Specifically, AHRI
suggested that because the additional
proposed measurements will be taken in
the course of the overall conduct of the
existing test procedure, ambient
temperature, test voltage and frequency,
and instrument accuracy should be the
same as is currently specified in the
furnace and boiler test procedure.
(AHRI, No. 3 at p. 1) The comment from
China pointed out the same possible
conflicts but only asked for clarification.
(China, No. 09 at p. 3)
DOE has further analyzed the various
provisions of both the existing test
procedure and IEC Standard 62301 and
has concluded that some of the
provisions of IEC Standard 62301 could
represent either a conflict or
unnecessary burden. Accordingly, DOE
believes some additional clarification is
necessary in this final rule. The
following discussion outlines,
parameter by parameter, where the
existing procedures are to apply and
where the IEC procedures are to apply.
On the matter of ambient temperature,
DOE agrees with AHRI that the existing
test procedure specification should be
used. Ambient temperature is an
important measurement within the
existing test procedure and has bearing
5 The existing provisions are found at Title 10
part 430, subpart B, appendix N, which
incorporates by reference sections of the American
National Standards Institute (ANSI)/American
Society of Heating, Refrigerating and AirConditioning Engineers (ASHRAE) Standard 103—
1993, ‘‘Method of Testing for Annual Fuel
Utilization Efficiency of Residential Central
Furnaces and Boilers.’’
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on the overall efficiency determination
of the appliance. Considerable effort is
required to maintain a reasonably
uniform ambient temperature in the
testing facility during actual testing of
furnaces and boilers. This is because
there is considerable heat being
produced by the operation of the
appliance during testing. The existing
provisions require a determination of
average ambient temperature by taking
multiple measurements at various
locations around the appliance; the air
for combustion and draft relief must not
differ by more that 5 °F from the average
ambient temperature, and the average
ambient temperature must remain in a
specified range during all tests (section
8.5, Room Ambient Temperature, of the
ASHRAE 103—1993). In contrast, IEC
Standard 62301 only specifies an
ambient temperature requirement of (23
+/¥ 5) °C (section 4.2, Test room, of IEC
Standard 62301). DOE believes this
limited specification in IEC Standard
62301 is indicative that ambient
temperature is not likely to have a
significant effect on the measurement of
standby mode and off mode wattage,
provided that a reasonable range of
temperature is maintained. Since an
ambient temperature within a
reasonable range is all that is required
under IEC Standard 62301, and given
that an increased testing burden may
result from adoption of the slightly
different IEC Standard 62301 ambient
temperature provision, DOE has
concluded that the existing, more
detailed specification of ambient
temperature is appropriate for the
standby mode and off mode wattage
measurements. In this final rule, DOE is
explicitly clarifying the ambient
temperature requirement in its
regulations at 10 CFR part 430, subpart
B, appendix N, sections 8.6.1 and 8.6.2.
On the matter of voltage and
frequency, section 4.3, Power supply, of
IEC Standard 62301 states that ‘‘where
the IEC standard is referenced by an
external standard or regulation that
specifies a test voltage and frequency,
the test voltage and frequency so
defined shall be used for all tests.’’ The
DOE test procedures for residential
furnaces and boilers would be
considered such an external standard,
except that the DOE test procedure only
specifies voltage and not frequency.
Accordingly, it is not clear that this
deference to the existing test procedures
should automatically apply.
IEC Standard 62301 specifies the test
voltage and frequency of the country for
which the measurement is being
determined (e.g., 115V, 60Hz for North
America). IEC Standard 62301 specifies
that the tested voltage and frequency
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should be within 1 percent of these
values. As noted above, in the existing
test procedure, there is no specification
of frequency, but throughout the United
States, 60 Hz is the frequency of the
distributed electrical power. Therefore,
there is no possible conflict regarding
frequency, so DOE has determined that
the 60Hz specification should apply.
The voltage specification in the existing
test procedure is expressed as ‘‘within
1% of nameplate voltage.’’ Typically,
nameplate voltage would be either 115V
or 120V. Therefore, the difference in
testing voltage possible is either nonexistent or very small, especially
considering the same specified
tolerance. In view of this small possible
difference in the voltage specification
and the general deference given to
external standards, DOE has clarified in
this final rule that the existing test
procedure’s specification for voltage
shall apply to the standby mode and off
mode measurements. In this final rule,
DOE is explicitly clarifying the
frequency and voltage requirements in
its regulations at 10 CFR part 430,
subpart B, appendix N, sections 8.6.1
and 8.6.2.
On the issue of measurement
accuracy, DOE continues to believe, as
stated in the NOPR, that the relevant
IEC Standard 62301 provisions are
reasonable and appropriate for the low
wattage levels expected for furnaces and
boilers in standby mode and off mode
and should not pose a significant
burden to the furnace and boiler
industry or the associated testing
industry. 74 FR 36959, 36966 (July 27,
2009). It is noted that these
measurement accuracy provisions
discussed here only apply to the new
measurement requirements for standby
mode and off mode added by this final
rule. This final rule does not affect the
existing test procedures’ accuracy
provision which applies for the active
mode measurements. AHRI in its
comment recommended that the
existing test procedure provisions on
measurement accuracy should be used
for all electrical measurements
including the newly proposed
measurements. The accuracy provision
in the existing test procedure states ‘‘the
error shall be no greater than 1%’’
(section 6.10, Energy Flow Rate, of
ASHRAE Standard 103—1993). In
contrast, IEC Standard 62301’s accuracy
provision states ‘‘measurements * * *
shall be made with an uncertainty of
less than or equal to 2% at the 95%
confidence level’’ (section 4.5, Power
measurement accuracy, of IEC Standard
62301). In addition, section 5 of IEC
Standard 62301 outlines measurement
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procedures that clarify how stability is
to be addressed in the testing (section 5,
Measurements, of IEC Standard 62301).
AHRI stated that the ‘‘95% confidence’’
provision implies repeated
measurements and is not consistent
with any other measurements taken in
the course of conducting testing under
the residential furnace and boiler test
procedure. (AHRI, No. 3 at p. 1). In
follow-up comments, AHRI provided
detailed recommendations that maintain
the instrument accuracy specification of
the existing test procedure (i.e., no
greater than 1-percent error). Also
included in the AHRI detailed
recommendations is an added stability
measurement procedure that involves
multiple measurements similar to what
is outlined in section 5 of the IEC
Standard 62301 procedures (AHRI, No.
11 at pp. 3–4). AHRI did not provide
any data as to the potential for increased
cost, time, or other burden that might
result from adopting the IEC accuracy
provisions in total.
In response, DOE believes the IEC
accuracy provisions, including the ‘‘95%
confidence’’ format, are consistent with
how instrument and measurement
accuracy are specified in the present
day, whereas the existing test procedure
provision format is consistent with how
instrument and measurement accuracy
were specified at the time the test
procedures were first developed. In
addition, in this case, DOE does not
believe the IEC provision is more
stringent or burdensome than the
existing provision. Taken together, DOE
does not view the AHRI comments as
providing a reason to depart from the
IEC measurement accuracy provision.
DOE had decided to retain its proposed
approach to measurement accuracy,
because the IEC accuracy provision is
consistent with how present day
instrument and measurement
procedures are specified, should not
represent a significant increase in
testing burden, and will provide the
additional benefit of measurement
consistency across DOE product types.
This latter point is of interest to DOE in
the context of energy conservation
standards where the analysis and
consideration of regulating standby
mode and off mode energy consumption
would be served by a consistent
measurement basis across product
types.
In summary, DOE has revisited the
IEC Standard 62301 provisions in order
to address the comments received and
has, for the reasons stated above,
decided to require existing test
procedure specifications to govern
ambient temperature and voltage during
the standby mode and off mode tests.
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However, also for reasons stated above,
DOE is requiring use of IEC Standard
62301 as the governing standard for
standby mode and off mode instrument
and measurement accuracy.
B. Alternate Test Procedure for Boilers
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The comments from Energy Kinetics
presented what it believes to be a
myriad of shortcomings of the existing
DOE test procedures as applied to
boilers. The dominant point made in the
comment is to suggest that an input/
output method of test, in lieu of the
current test procedure’s flue loss
method of test, would be more
appropriate for boilers.6 However, the
commenter did not recommend any
specific alternate test method. (Energy
Kinetics, No. 3 pp. 1–3, specifically
points 1.0, 2.0, 4.0, and 6.0) Although
generally outside the scope of the
present rulemaking to address standby
mode and off mode energy use, DOE is
aware of the developments and possible
advantages of input/output methods and
is appreciative of the efforts made by the
commenter in presenting these issues
from their perspective. Conceptually,
DOE sees merit in a number of points
made in the comments. Specifically,
DOE believes any time a more complete
or more comprehensive analysis is
suggested, its potential for use in a test
procedure should be given serious
consideration. However, it is DOE’s
view at this time that the input/output
methodology has not progressed to the
point that it can be considered for
addition or substitution directly into
DOE regulations. Specifically, DOE is
not aware of an agreed upon
representative average use simulation or
model, utilizing input/output method of
test, which might meet the statutory
requirements for a DOE test procedure.
The statute requires that ‘‘any test
procedure prescribed or amended * * *
shall be reasonably designed to produce
test results which measure energy
efficiency * * * 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) (emphasis added))
The commenter has not offered such a
6 Flue loss method of test involves measurement
of the actual energy loss occurring in the exiting
flue passage. Annual efficiency is determined as
100 percent minus the on-period and off-period flue
losses and other appropriate losses (e.g., jacket
losses for outdoor units and air infiltration losses
for indoor units). Input/output method of test
involves direct measurement of the useful output of
the unit. For hot water boilers this output would be
the heat content of the circulating water. Under the
input/output method of test, annual efficiency
would be inferred by some combination of
laboratory simulation or mathematical modeling
utilizing these heat measurements.
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procedure for consideration.
Nonetheless, DOE acknowledges that
this is an important issue, and,
accordingly, DOE will monitor the
efforts of ASHRAE and others in
developing improved testing methods.
C. Additional Issues Raised by Energy
Kinetics
Within the overall suggestion to
consider a different test procedure for
boilers, the Energy Kinetics comments
raised issues regarding the existing DOE
boiler test procedure that are not
necessarily related to the test
methodology issue discussed above.
Although these issues may have some
relevance to the test methodology issue,
they are independent enough to merit
separate discussion.
First, Energy Kinetics suggested in its
comments that the treatment of jacket
losses in the existing test procedure is
inappropriate for boilers. (Energy
Kinetics, No. 03 pp. 1–3, specifically
points 4.4, 4.5, 5.0, and 5.1). Key to this
interpretation is the commenter’s belief
that the heat energy from the boiler
jacket should not be credited as useful
heat to the home. This belief would be
true for boilers installed outdoors but
not true for boiler installed indoors. For
uniformity purposes, the existing test
procedure minimizes the number of
ratings to just two; indoor ratings for
boilers that are not weatherized and
outdoor ratings for boilers that are
weatherized. (10 CFR part 430, subpart
B, appendix N, section 10.1) Indoor
ratings (i.e., non-weatherized) assume
all jacket heat is useful heat, and
outdoor ratings (i.e., weatherized)
assume all jacket heat is an energy loss.
These existing provisions provide a
uniform basis of comparison for indoor
installed boilers that is reasonably
representative without requiring a
separate test to determine and added
calculations to deduct (or partially
deduct) jacket loss. Also, these existing
provisions provide a uniform basis of
comparison for outdoor installed boilers
where a full jacket loss deduction is
appropriate. It is interesting to note, a
full deduction of jacket loss for indoor
boilers, although inappropriate, would
easily be accommodated in an input/
output test methodology since, in that
methodology, only the heat content of
the circulating water is credited as
useful heat. In effect, this limit on only
crediting circulating water heat results
in a full deduction of any jacket loss.
This fact supports the commenter’s
preference for a full jacket loss
deduction for all boilers.
In consideration of all of the above,
DOE believes the points Energy Kinetics
raised are outside of the scope of this
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rulemaking and does not see the need to
delay this final rule for the purposes of
reconsidering the existing provisions on
jacket loss. DOE believes that a better
path would be to consider this issue as
part of a more comprehensive future
rulemaking to consider updates to the
residential furnaces and boilers test
procedure.
The Energy Kinetics comment also
identified two areas where it believes
the test procedures should be expanded:
(1) Use of advanced controls, and (2) the
combination of water heating and space
conditioning functions. (Energy
Kinetics, No. 03 pp. 1–3, specifically
points 2.0, 4.6, and 5.2) These are issues
of which DOE is aware and which are
currently under study within the test
procedure support community. As with
the jacket loss issue, DOE believes this
issue is out of scope and does not see
the need to delay this final rule for the
purposes of addressing these
complicated issues at this time. Again,
DOE believes that a better path would
be to consider these issues as part of a
more comprehensive future rulemaking
to consider updates to the residential
furnace and boilers test procedure.
Finally, Energy Kinetics stated that a
separate metric should be developed to
provide information on the relative
difference in energy efficiency across
different distribution systems (e.g.
ducted distribution systems vs.
hydronic systems). (Energy Kinetics, No.
03 p. 2, specifically points 7.0, 7.1, and
7.2.) In response, DOE notes that the test
procedure’s focus is the testing and
differentiation of energy performance of
the manufactured product. Annual
energy consumption estimates reflect a
uniform application of representative
values that result in an energy or
monetary value of a given manufactured
product’s performance, all for the
purposes of comparison. One could
argue that the test procedure’s annual
energy consumption estimates are
inaccurate because of this lack of
distribution efficiency consideration.
However, one could also argue that the
test procedure provides for a means to
uniformly test and compare all boilers
regardless of effects of actual
distribution systems. In any event, the
issue is outside of the scope of this
rulemaking and will not be considered
further or resolved here. Once again,
DOE believes that a better path would
be to consider this issue as part of a
more comprehensive future rulemaking
to consider updates to the residential
furnaces and boilers test procedure.
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D. Need for an Integrated Annual Fuel
Utilization Efficiency (AFUEI)
Subsequent to publication of the July
2009 NOPR and the related public
hearing, DOE proposed one additional
test procedure change that it tentatively
determined is needed to carry out the
purposes of EISA 2007. Specifically,
DOE proposed to add an integrated
metric that incorporates standby mode
and off mode energy consumption into
the statutorily-identified efficiency
descriptor, AFUE. Key to DOE’s
tentative determination is the
specification of AFUE as the required
energy efficiency descriptor for furnaces
in the statute. (42 U.S.C. 6291(22)). EISA
2007 requires, if technically feasible,
integration of standby mode and off
mode energy consumption into the
overall energy efficiency, energy
consumption, or other energy
descriptor. (42 U.S.C. 6295(gg)(2)(A))
The July 2009 NOPR proposed
accomplishing this integration by
incorporating standby mode and off
mode energy consumption into the
energy consumption equations and
other energy descriptors. It was thought
at the time of the proposal that this
extent of integration was sufficient to
satisfy the requirements of EISA 2007.
However, because of the specific
identification of AFUE as the efficiency
descriptor for furnaces in the statute,
DOE interpreted EISA 2007 as requiring,
if technically feasible, an integrated
AFUE that reflects standby mode and off
mode energy consumption for both
fossil fuel and electricity. DOE reasoned
that this approach would also allow for
a smooth transition to the EISA 2007
requirement that all energy conservation
standards adopted after July 1, 2010
must account for standby mode and off
mode energy consumption. (42 U.S.C.
6295(gg)(3)(A))
As noted above, this matter was the
subject of an SNOPR published in the
Federal Register on April 5, 2010. 75 FR
17075.
Numerous comments opposed both
the need for AFUEI and the possibility
of regulating by AFUEI. In sum, these
comments suggested that DOE has
misinterpreted the statute in terms of
requiring the integration of standby
mode and off mode energy consumption
into the AFUE metric and further that
regulating by AFUEI would be counter
to the intent of EISA 2007, so the
separate standard form of regulation, as
contemplated by EISA 2007, should be
pursued instead. Commenters
overwhelmingly opposed DOE’s
proposed integrated AFUEI metric, as
presented in the SNOPR.
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On the first point, Lennox, AHRI, and
American Council for an EnergyEfficient Economy (ACEEE) all asserted
that in their reading of the EISA 2007
statute, the requirement to integrate
standby mode and off mode energy
consumption into the AFUE metric is
not mandated. (Lennox, No. 20 at p. 3;
AHRI, No. 08 at p. 2; ACEEE, No. 18 at
p. 3) These commenters believe DOE is
given latitude in the statute to integrate
if it chooses and that there is no
mandate that DOE must integrate the
standby and off mode consumption into
the AFUE descriptor. Other commenters
pointed out the mathematical
inconsistencies associated with adding
consumption values within an
efficiency descriptor. (Carrier No. 17 at
p. 3; AHRI, No. 16 at p. 2) In support
of this inconsistency argument, ACEEE
stated that the proposed approach for
AFUEI is counter to DOE’s own position
taken in its test procedure final rule for
fluorescent lamp ballasts. 74 FR 54445
(Oct. 22, 2009). In the technical support
document (TSD) for that rulemaking,
DOE stated, ‘‘Because BEF [ballast
efficiency factor] is a measure of
efficiency and standby mode power is a
measure of energy consumption, DOE
does not believe it is feasible to
incorporate a measure of standby mode
energy use into the BEF metric.’’
(ACEEE, No. 18 at p. 2) In contrast,
comments from the American Gas
Association (AGA) and the American
Public Gas Association (APGA) were
supportive of the integrating concept.
However, while these entities support
the proposal for AFUEI, they argued that
the included conversion factor
transposing the point-of-use electrical
energy into an expression of Btu
provides only a partial picture of the
total energy use of these products. AGA
and APGA stated that it would be more
appropriate to convert measured site
energy to source energy to capture
transmission losses. Accordingly, AGA
and APGA recommended that the
proposed integrated metric should be
adjusted for a full-fuel-cycle measure of
energy consumption and encouraged
further integration of electricity
consumption utilizing the full fuel cycle
into the regulatory process. (AGA, No.
19, at pp. 1–3; APGA, No. 23 at pp.
1–2)
Further objection to AFUEI was
expressed in the comments if in fact
DOE uses AFUEI as the basis of
regulation. Specifically, it was argued
that because of the relatively small
magnitude of the standby mode and off
mode loss, the results for AFUEI are not
materially different enough from the
existing test procedure’s AFUE to allow
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for effective differentiation and
regulation, and, therefore, integration is
not feasible. (ACEEE, No. 18 at p. 4)
Earthjustice asserted that the rounding
allowed in the test procedure and the
associated sampling provisions would
‘‘swallow’’ the effect of standby mode
and off mode. (Earthjustice, No. 21 at
pp. 3–4) Trane further argued that the
integrated AFUE would have the
perverse effect of making larger-capacity
furnaces inappropriately appear to be
slightly more efficient than smaller
furnaces. This is because the magnitude
of standby mode and off mode energy
consumption could be the same across
a given manufacturer’s models of
different capacities. The result, in that
case, is a smaller adjustment in terms of
efficiency percentage for larger furnaces,
even though the potential energy
savings by reducing standby mode and
off mode energy consumption is the
same. (Trane, No. 14 at p. 3)
Key to the opposition to AFUEI as the
regulating metric is the distinction made
in the statute as to ‘‘technically feasible’’
with regard to test procedure
integration, and ‘‘feasible’’ with regard to
a single new or amended standard. (42
U.S.C. 6295(gg)(2)(A) and (3))
Specifically, objecting comments
maintain that the AFUEI provides an
ineffective basis for regulation, and,
therefore, it makes it infeasible to
carryout the intent of EISA 2007. These
commenters reasoned that a separate
metric such as that provided in the
original NOPR, specifically ESO or the
measured wattage, would be a feasible
basis of regulation.
In consideration of the above, DOE
reexamined the applicable provisions of
EPCA regarding standby mode and off
mode energy consumption. Specifically,
EPCA requires that the test procedures
for all covered products be amended to
include standby mode and off mode
energy consumption by integrating such
energy consumption into the overall
energy efficiency, energy consumption,
or other energy descriptor for each
covered product, unless the Secretary
determines that: (1) The current test
procedures for a covered product
already fully account for and
incorporate the standby mode and off
mode energy consumption of the
covered product; or (2) 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 energy use test procedure
for that covered product, if technically
feasible. (42 U.S.C. 6295(gg)(2)(A))
To examine the commenters’ claim
that an integrated AFUE metric (AFUEI)
is infeasible, DOE further investigated
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the magnitude of the standby mode and
off mode electrical use for residential
furnaces. DOE conducted testing of
various commercially-available
residential furnaces that span a range of
efficiencies, input capacities, and
manufacturers, and found that the
standby mode and off mode electrical
rate of consumption ranges from 2 to 10
watts, depending on the residential
furnace’s features. A typical residential
furnace uses approximately 7 watts of
electrical standby mode and off mode
power. Some common components
contributing to the electrical standby
mode and off mode energy consumption
include the interruptible igniter, the
control board for the furnace, and any
additional controls used in the furnace
blower-motor assembly. When the hours
that the furnace spends in standby mode
and off mode are considered, standby
mode and off mode power consumption
of 7 watts results in a total of
approximately 55 kilowatt hours of
electrical use annually per furnace. The
total annual fossil fuel energy use for a
typical furnace with an input capacity
of 80,000 Btu/h is at least 400 times
greater than the electrical standby mode
and off mode energy consumption,
depending on the operating conditions
of the furnace. Thus, when the electrical
consumption in standby mode and off
mode is added to the fossil fuel energy
consumption in all modes of operation
in the AFUEI equation, as proposed in
the SNOPR, the standby mode and off
mode electrical consumption would
have an insignificant impact on the
value of AFUEI. Using the
approximations described above, the
standby mode and off mode electrical
consumption would be 1/400th or 0.25
percent of the fossil fuel energy
consumption. Currently, the Federal
energy conservation standards and
manufacturers’ ratings of AFUE are
presented to the nearest whole number.
Consequently, given rounding
conventions, standby mode and off
mode would be likely to effect a change
in the standard level for furnaces and
boilers in only rare cases, if an
integrated AFUE metric were adopted.
After considering the comments on
the SNOPR, DOE has determined that it
is technically infeasible to integrate the
standby mode and off mode energy use
with active mode energy use for
furnaces because the standby mode and
off mode energy usage, when measured,
is essentially lost in practical terms due
to the fact that manufacturers’ ratings of
AFUE are presented to the nearest
whole number.
In light of the comments and DOE’s
re-examination explained above, DOE is
abandoning its supplemental proposal
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to integrate the standby mode and off
mode electrical energy consumption
into the AFUE descriptor for residential
furnaces. Instead, DOE is adopting
amendments to the residential furnaces
and boilers test procedure to separately
measure the electrical power
consumption of those products in
standby mode and off mode (i.e., PSB
and POFF) as specified in its original
NOPR. 74 FR 36959, 36970–71 (July 27,
2009). In addition, DOE is adopting the
calculations as specified in its original
NOPR, which allow the electrical power
consumption to be translated into an
annualized energy consumption value
based on the hours the furnace spends
operating in standby mode and off mode
(i.e., ESO). Id. This approach would
allow for the measurement of standby
mode and off mode electrical
consumption of different furnace and
boiler 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 consumption of
residential furnaces through the use of
one of these separate energy descriptors
in the current standards rulemaking. For
additional information, see https://
www1.eere.energy.gov/buildings/
appliance_standards/residential/
furnaces_boilers.html.
E. Other Comments Received on the
Supplemental Notice of Proposed
Rulemaking
Comments were received in response
to the SNOPR that were not related to
the subject of the SNOPR but rather
were related to aspects of the original
NOPR. Although these comments are
outside of the narrowed focus of the
SNOPR, DOE did not want to
unnecessarily limit the opportunity for
public comment and is addressing these
comments here. These additional
comments objected to the integration
and accounting of standby mode and off
mode energy consumption as presented
in the July 2009 NOPR. Specifically,
Carrier, Rheem, and AHRI argued that
the annual accounting of electricity
energy consumption, as expressed in the
test procedure’s descriptor EAE, should
not include the addition of standby
mode and off mode energy
consumption, because EAE without such
addition is currently being used by the
industry, and to change this value now
would unnecessarily burden
manufacturers. (Carrier, No. 17 at p. 3:
Rheem, No. 15 at pp. 8–9: AHRI, No. 16
at pp. 4–5) The EAE descriptor is the
annual electrical energy consumption of
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furnaces and boilers. This annual
consumption descriptor has always
been a part of the test procedures for
furnaces and boilers, and it is used to
obtain a representative annual operating
cost for furnaces and boilers. For fossilfueled furnaces and boilers, the annual
operating cost is the sum of the annual
electrical operating cost plus the annual
fossil fuel cost. The July 2009 NOPR
proposed to modify this descriptor by
adding the additional electrical
consumption represented by the newlyadded standby mode and off mode
energy consumption. No comments
were received objecting to this addition
to EAE at the time of the original NOPR.
However, in response to the SNOPR,
these commenters now report that EAE
without the addition of standby mode
and off mode energy consumption is
being used currently to identify
electrically efficient furnaces and also to
identify efficient furnace fans for the
purposes of tax credits. Adding standby
mode and off mode energy consumption
to the EAE term is problematic because
it would change the meaning of the
existing rebate and tax credit criterion
based on EAE. In response, DOE does not
see the need to withdraw the proposed
modification of EAE for the convenience
of current programs using the
unmodified EAE descriptor. Rather, DOE
believes that the modified descriptor is
both consistent with the directives in
EISA 2007 and also provides a more
complete basis for product comparison.
Accordingly, DOE is adopting the
proposed modification to EAE as part of
this final rule.
A second objection was received
regarding the proposed ESO descriptor.
ESO is the annual sum of standby mode
and off mode electrical energy
consumption. Trane and Rheem
objected to the accounting or hourly
assignments proposed for the ESO
descriptor, because such accounting is
inaccurate in their view. In the
proposed amendments, electric standby
mode is defined as the off period during
the heating season, and off mode is
defined as the entire non-heating
season. These definitions allow for the
use of the hourly assignments already in
the test procedures. Taken together,
these proposed assignments would
provide a full year’s accounting of the
energy consumption. Trane argued that
there is some overstatement of ESO
because some of the off period for one
of the electrical components (i.e.,
circulating fan) is actually in active
mode because of the possible active
cooling load hours utilizing this same
fan. Rheem argued the opposite point,
because in Rheem’s view, the proposed
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ESO assignments understate the actual
standby mode energy consumption;
Rheem reasoned that some electronic
losses are constant, and an annual
consumption approximation of the
wattage times a full year of 8760 hours
would be more appropriate. As one can
see, there is no perfect resolution to this
accounting problem. Accordingly, DOE
finds the proposed accounting in the
NOPR to be reasonably accurate and
appropriate for the integration necessary
to implement the relevant provisions of
EISA 2007. Accordingly, DOE has
decided to retain the accounting
methodology associated with ESO for
this final rule.
IV. Effect of Test Procedure Revisions
on Compliance With Standards
In amending a test procedure, section
323(e) of EPCA directs DOE to
determine to what extent, if any, the test
procedure would alter the measured
energy efficiency of the covered
product. If the amended test procedure
alters the measured efficiency, the
Secretary must amend the applicable
energy conservation standard to the
extent the amended test procedure
changes the energy efficiency of
products that minimally comply with
the existing standard. (42 U.S.C.
6293(e)) The current energy
conservation standard for furnaces and
boilers is based on a metric, AFUE,
which is not effected by the inclusion of
electrical standby mode and off mode
energy consumption. As explained
below, this final rule has no effect on
the current energy conservation
standard.
As provided by EPCA, amendments to
the test procedures to include standby
mode and off mode energy consumption
shall not be used to determine
compliance with previously established
standards. (42 U.S.C. 6295(gg)(2)(C))
The inclusion of a standby mode and off
mode test method in this final rule will
not affect a manufacturer’s ability to
demonstrate compliance with the
existing energy conservation standards
for residential furnaces and boilers. The
standby mode and off mode tests need
not be performed to determine
compliance with the current energy
conservation standards for furnaces and
boilers because the current standards do
not comprehensively account for
electrical standby mode and off mode
energy consumption.
Today’s final rule, which includes
provisions for measuring standby mode
and off mode energy consumption, will
become effective, in terms of adoption
into the Code of Federal Regulations
(CFR), 30 days after the date of
publication in the Federal Register.
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Manufacturers will be required to use
this test procedure’s standby mode and
off mode provisions to demonstrate
compliance with any future energy
conservation standards for residential
furnaces and boilers that address
standby mode and off mode energy
consumption. The introductory
sentence to 10 CFR part 430, subpart B,
appendix N, reads as follows: ‘‘The
procedures and calculations that refer to
standby mode and off mode energy
consumption (i.e., sections 8.6 and 10.9
of this appendix N) need not be
performed to determine compliance
with energy conservation standards for
furnaces and boilers at this time.’’ The
above statement will be removed as part
of a future rulemaking to amend the
energy conservation standards for
residential furnaces and boilers to
account for standby mode and off mode
energy consumption, and compliance
with the applicable test procedure
provisions will be required on the
compliance date of those amended
energy conservation standards. A
statement has also been added to the
introductory note to appendix N to
clarify that any representations
pertaining to standby mode and off
mode energy consumption of these
products that are made on or after a date
180 days after the date of publication of
this 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).
Although this is a statutory requirement
under 42 U.S.C. 6293(c), DOE has
concluded that it would be useful to
explicitly state this requirement in
DOE’s regulations.
V. Compliance With Other EPCA
Requirements
EPCA requires that new or amended
test procedures 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)) For the
reasons that follow, DOE has
determined that the incorporation of IEC
Standard 62301, along with the
modifications and additional
calculations described above, satisfy
this requirement.
As noted above, the test procedure
incorporates by reference provisions
from IEC Standard 62301 for the
measurement of standby mode and off
mode energy consumption. IEC
Standard 62301 is widely accepted and
used internationally to measure electric
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power in standby mode and off mode.
Based on its analysis of IEC Standard
62301, DOE has determined that the test
methods and equipment that the
amendments require for measuring
standby mode and off mode power do
not differ substantially from the test
methods and equipment in the current
DOE test procedure for furnaces and
boilers. Therefore, testing of furnaces
and boilers pursuant to today’s final
rule will not require any significant
investment in test facilities or new
equipment. For these reasons, DOE does
not believe that the standby mode and
off mode test procedure provisions will
add significant costs.
VI. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
Today’s regulatory action 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 regulatory action was not subject to
review under that Executive Order by
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996) 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, will not
have a significant economic impact on
a substantial number of small entities. A
regulatory flexibility analysis examines
the impact of the rule on small entities
and considers alternative ways of
reducing negative effects. Also, 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
has made its procedures and policies
available on the Office of the General
Counsel’s Web site at https://
www.gc.doe.gov.
Today’s final rule adopts test
procedure provisions to measure
standby mode and off mode energy
consumption of residential furnaces and
boilers, generally through the
incorporation by reference of IEC
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Standard 62301 and the modifications
and additional calculations described in
detail in the July 2009 NOPR. DOE
reviewed today’s final rule under the
provisions of the Regulatory Flexibility
Act and the policies and procedures
published on February 19, 2003. For the
reasons explained in the July 2009
NOPR, DOE certified that the proposed
rule would not have a significant impact
on a substantial number of small
entities. 74 FR 36959, 36967 (July 27,
2009).
As noted above, the test procedure
incorporates by reference provisions
from IEC Standard 62301 for the
measurement of standby mode and off
mode energy consumption. IEC
Standard 62301 is widely accepted and
used internationally to measure electric
power in standby mode and off mode.
Based on its analysis of IEC Standard
62301, DOE determined that the test
methods and equipment that the
amendments require for measuring
standby mode and off mode power do
not differ substantially from the test
methods and equipment in the current
DOE test procedure for furnaces and
boilers. Therefore, testing of furnaces
and boilers pursuant to today’s final
rule will not require any significant
investment in test facilities or new
equipment. For these reasons, DOE does
not believe that the standby mode and
off mode test procedure provisions will
add significant costs.
The Small Business Administration
(SBA) considers an entity to be a small
business if, together with its affiliates, it
employs fewer than a threshold number
of workers specified in 13 CFR part 121,
which relies on size standards and
codes established by the North
American Industry Classification
System (NAICS). The threshold number
for NAICS classification 333415, which
applies to Air-Conditioning and Warm
Air Heating Equipment and Commercial
and Industrial Refrigeration Equipment
Manufacturing (including residential
furnaces and boilers), is 750
employees.7 DOE reviewed the AirConditioning, Heating, and Refrigeration
Institute’s Directory of Certified Product
Performance for Residential Furnaces
and Boilers (2009),8 the ENERGY STAR
Product Databases for Gas and Oil
Furnaces (May 15, 2009),9 the California
Energy Commission’s Appliance
Database for Residential Furnaces and
Boilers,10 and the Consortium for
Energy Efficiency’s Qualifying Furnace
and Boiler List (April 2, 2009).11 From
this review, DOE found that there are
approximately 25 small businesses
within the furnace and boiler industry.
Even though there are a significant
number of small businesses within the
furnace and boiler industry, DOE has
concluded that the test procedure
amendments contained in this final rule
would not represent a substantial
burden to any manufacturer, including
small manufacturers, as explained
above.
Accordingly, DOE has not prepared a
regulatory flexibility analysis for this
rulemaking. DOE’s certification and
supporting statement of factual basis
was provided to the Chief Counsel for
Advocacy of the SBA for review under
5 U.S.C. 605(b). DOE did not receive any
comments regarding a significant
economic impact on any small entities.
Thus, DOE reaffirms and certifies that
this rule will have no significant
economic impact on a substantial
number of small entities.
7 U.S. Small Business Administration, Table of
Small Business Size Standards, August 22, 2008,
available at: https://www.sba.gov/idc/groups/public/
documents/sba_homepage/serv_sstd_tablepdf.pdf.
8 The Air-Conditioning, Heating and Refrigeration
Institute, Directory of Certified Product
Performance, June 2009, available at: https://
www.ahridirectory.org/ahridirectory/pages/
home.aspx.
9 The U.S. Environmental Protection Agency and
the U.S. Department of Commerce, ENERGY STAR
Furnaces—Product Databases for Gas and Oil
Furnaces, May 15, 2009: https://www.energystar.gov/
index.cfm?c=furnaces.pr_furnaces.
10 The California Energy Commission, Appliance
Database for Residential Furnaces and Boilers,
2009: https://www.appliances.energy.ca.gov/
QuickSearch.aspx.
11 Consortium of Energy Efficiency, Qualifying
Furnace and Boiler List, April 2, 2009: https://
www.ceedirectory.org/ceedirectory/pages/cee/
ceeDirectoryInfo.aspx.
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C. Review Under the Paperwork
Reduction Act of 1995
Today’s final rule imposes no new
information or recordkeeping
requirements. Accordingly, OMB
clearance is not required under the
Paperwork Reduction Act. (44 U.S.C.
3501 et seq.)
D. Review Under the National
Environmental Policy Act of 1969
DOE is establishing a final rule to
amend the test procedure for residential
furnaces and boilers to address
measurement of the standby mode and
off mode energy consumption of these
products. DOE has determined that this
final rule falls into a class of actions that
are categorically excluded from review
under the National Environmental
Policy Act of 1969 (Pub. L. 91–190,
codified at 42 U.S.C. 4321 et seq.), and
DOE’s implementing regulations at 10
CFR part 1021. Specifically, this final
rule, which adopts an industry standard
for measurement of standby mode and
off mode energy consumption, amends
an existing rule without changing its
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64629
environmental effect, and, therefore, is
covered by Categorical Exclusion A5
found in 10 CFR part 1021, subpart D,
appendix A. Today’s final rule would
not affect the amount, quality, or
distribution of energy usage, and,
therefore, would not result in any
environmental impacts.12 Accordingly,
neither an environmental assessment
nor an environmental impact statement
is required.
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 final 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
12 Categorical Exclusion A5 provides:
‘‘Rulemaking interpreting or amending an existing
rule or regulation that does not change the
environmental effect of the rule or regulation being
amended.’’
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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. Regarding the
review required by section 3(a), section
3(b) of Executive Order 12988
specifically requires that Executive
agencies make every reasonable effort to
ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any;
(2) clearly specifies any effect on
existing Federal law or regulation; (3)
provides a clear legal standard for
affected conduct while promoting
simplification and burden reduction; (4)
specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6)
addresses 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 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 rule meets
the relevant standards of Executive
Order 12988.
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, codified at 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 regulatory
actions likely to result in a rule that may
cause expenditures 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 a
written statement that estimates the
resulting costs, benefits, and other
effects on the national economy. (2
U.S.C. 1532(a) and (b)) Section 204 of
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.’’ UMRA also requires an
agency plan for giving notice and
opportunity for timely input to small
governments that may be potentially
affected before establishing any
requirement that might significantly or
uniquely affect them. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
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UMRA. 62 FR 12820. (This policy is
also available at https://www.gc.doe.gov.)
Today’s final rule, which modifies the
current test procedures for residential
furnaces and boilers, contains neither an
intergovernmental mandate, nor a
mandate that may result in the
expenditure by State, local, and Tribal
governments, or by the private sector, of
$100 million or more in any year.
Accordingly, no further assessment or
analysis is required under the Unfunded
Mandates Reform Act of 1995.
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 final rule to amend DOE test
procedures would not have any impact
on the autonomy or integrity 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 final rule
would not result in any takings that
might require compensation under the
Fifth Amendment to the United States
Constitution.
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(Pub. L. 106–554, codified at 44 U.S.C.
3516 note) provides for agencies to
review most disseminations of
information to the public under
information quality 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 final rule under the 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
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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 promulgated 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 final rule
is not a significant regulatory action
under Executive Order 12866 or any
successor order; would not have a
significant adverse effect on the supply,
distribution, or use of energy; and has
not been designated by the
Administrator of OIRA as a significant
energy action. Therefore, DOE has
determined that this rule is not a
significant energy action. Accordingly,
DOE has not prepared a Statement of
Energy Effects for this rulemaking.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101 et seq.), DOE must
comply with all laws applicable to the
former Federal Energy Administration,
including section 32 of the Federal
Energy Administration Act of 1974
(Pub. L. 93–275), as amended by the
Federal Energy Administration
Authorization Act of 1977 (Pub. L. 95–
70). (15 U.S.C. 788) Section 32 provides
that where a proposed rule authorizes or
requires use of commercial standards,
the notice of proposed 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 Federal Trade Commission (FTC)
concerning the impact of commercial or
industry standards on competition.
Certain of the amendments and
revisions in this final rule incorporate
testing methods contained in the
following commercial standard, the
International Electrotechnical
Commission (IEC) Standard 62301,
‘‘Household electrical appliances—
Measurement of standby power’’ (First
Edition 2005–06). As stated in the July
2009 NOPR, DOE has evaluated this
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standard and is unable to conclude
whether it fully complies with the
requirements of section 32(b) of the
Federal Energy Administration Act (i.e.,
that it was developed in a manner that
fully provides for public participation,
comment, and review). 74 FR 36959,
36968 (July 27, 2009). DOE has
consulted with the Attorney General
and the Chairman of the FTC
concerning the impact on competition
of requiring manufacturers to use the
test methods contained in this standard,
and neither recommended against
incorporation of this standard.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of today’s rule before its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 801(2).
VII. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
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 amending part 430 of chapter II
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 adding
new paragraph (l)(1), and adding and
reserving paragraph (l)(2), to read as
follows:
emcdonald on DSK2BSOYB1PROD with RULES
■
§ 430.3 Materials incorporated by
reference.
*
*
*
*
*
(l) * * *
(1) International Electrotechnical
Commission (IEC) Standard 62301 (‘‘IEC
62301’’), Household electrical
appliances—Measurement of standby
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power (first edition, June 2005), IBR
approved for Appendix N to Subpart B.
(2) [Reserved].
*
*
*
*
*
■ 3. Appendix N to subpart B of part
430 is amended as follows:
■ a. Adding a note after the heading.
■ b. In section 2.0 Definitions, by
redesignating sections 2.1, 2.2, 2.3, and
2.4 as sections 2.2, 2.3, 2.9, and 2.5
respectively; and adding new sections
2.1, 2.4, 2.6, 2.7, and 2.8.
■ c. In section 8.0 Test procedure, by
adding new sections 8.6, 8.6.1, and
8.6.2.
■ d. In section 9.0 Nomenclature, by
adding three new text items at the end
of the section.
■ e. In section 10.0 Calculation of
derived results from test measurements,
by:
■ i. Revising sections 10.2.3, 10.2.3.1,
10.2.3.2, 10.3, 10.5.2, 10.5.3; and
■ ii. Adding new section 10.9.
The additions and revisions read as
follows:
Appendix N to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Furnaces and
Boilers
Note: The procedures and calculations that
refer to standby mode and off mode energy
consumption (i.e., sections 8.6 and 10.9 of
this appendix N) need not be performed to
determine compliance with energy
conservation standards for furnaces and
boilers at this time. However, any
representation related to standby mode and
off mode energy consumption of these
products made after April 18, 2011 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 address 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 be required.
*
*
*
*
*
2.0 Definitions
2.1 Active mode means the
condition during the heating season in
which the furnace or boiler is connected
to the power source, and either the
burner, electric resistance elements, or
any electrical auxiliaries such as
blowers or pumps, are activated.
*
*
*
*
*
2.4 IEC 62301 means the test
standard published by the International
Electrotechnical Commission (IEC),
titled ‘‘Household electrical
appliances—Measurement of standby
power,’’ Publication 62301 (First Edition
2005–06). (incorporated by reference,
see § 430.3)
*
*
*
*
*
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2.6 Off mode means the condition
during the non-heating season in which
the furnace or boiler is connected to the
power source, and neither the burner,
electric resistance elements, nor any
electrical auxiliaries such as blowers or
pumps, are activated.
2.7 Seasonal off switch means the
switch on the furnace or boiler that,
when activated, results in a measurable
change in energy consumption between
the standby and off modes.
2.8 Standby mode means the
condition during the heating season in
which the furnace or boiler is connected
to the power source, and neither the
burner, electric resistance elements, nor
any electrical auxiliaries such as
blowers or pumps, are activated.
*
*
*
*
*
8.0
Test Procedure
*
*
*
*
*
8.6 Measurement of electrical
standby and off mode power.
8.6.1 Standby power measurement.
With all electrical auxiliaries of the
furnace or boiler not activated, measure
the standby power (PSB) in accordance
with the procedures in IEC 62301
(incorporated by reference, see § 430.3),
except that section 8.5 Room Ambient
Temperature of ASHRAE 103—1993
(incorporated by reference, see § 430.3)
and the voltage provision of section
8.2.1.4 Electrical Supply of ASHRAE
103—1993 shall apply in lieu of the
corresponding provisions of IEC 62301
at section 4.2 Test room and the voltage
specification of section 4.3 Power
supply. Frequency shall be 60Hz.
Clarifying further, IEC 62301 section 4.5
Power measurement accuracy and
section 5 Measurements shall apply in
lieu of section 6.10 Energy Flow Rate of
ASHRAE 103—1993. 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.
8.6.2 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 8.5 Room Ambient
Temperature of ASHRAE 103—1993
(incorporated by reference, see § 430.3)
and the voltage provision of section
8.2.1.4 Electrical Supply of ASHRAE
103—1993 shall apply in lieu of the
corresponding provisions of IEC 62301
at section 4.2 Test room and the voltage
specification of section 4.3 Power
supply. Frequency shall be 60Hz.
Clarifying further, IEC 62301 section 4.5
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Power measurement accuracy and
section 5 Measurements shall apply for
this measurement in lieu of section 6.10
Energy Flow Rate of ASHRAE 103—
1993. Measure the wattage so that all
possible off mode wattage for the entire
appliance is recorded, not just the off
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.
9.0
Nomenclature
*
*
*
*
*
ESO = Average annual electric standby mode
and off mode energy consumption, in
kilowatt-hours
POFF = Furnace or boiler off mode power, in
watts
PSB = Furnace or boiler standby mode power,
in watts
10.0 Calculation of Derived Results
From Test Measurements
*
*
*
*
*
10.2.3 Average annual auxiliary
electrical energy consumption for gas or
oil-fueled furnaces or boilers. For
furnaces and boilers equipped with
single-stage controls, the average annual
auxiliary electrical consumption (EAE) is
expressed in kilowatt-hours and defined
as:
EAE = BOHSS(y PPE + yIGPEIG + yBE)
+ ESO
Where:
BOHSS = as defined in 10.2.1 of this appendix
PE = as defined in 10.2.1 of this appendix
yP = as defined in 10.2.1 of this appendix
yIG = as defined in 10.2.1 of this appendix
PEIG = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1 of this appendix
BE = as defined in 10.2.1 of this appendix
ESO = as defined in 10.9 of this appendix.
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10.2.3.1 For furnaces or boilers
equipped with two-stage controls, EAE is
defined as:
EAE = BOHR (yPPER + yIGPEIG + yBER)
+ BOHH (yPPEH + yIGPEIG + y BEH)
+ ESO
Where:
BOHR = as defined in 10.2.1.2 of this
appendix
yP = as defined in 10.2.1 of this appendix
PER = as defined in 9.1.2.2 and measured at
the reduced fuel input rate of ANSI/
ASHRAE Standard 103—1993,
(incorporated by reference, see § 430.3)
yIG = as defined in 10.2.1 of this appendix
PEIG = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1 of this appendix
BER = as defined in 9.1.2.2 of ANSI/ASHRAE
Standard 103—1993, (incorporated by
reference, see § 430.3) measured at the
reduced fuel input rate
BOHH = as defined in 10.2.1.3 of this
appendix
PEH = as defined in 9.1.2.2 of ANSI/ASHRAE
Standard 103—1993, (incorporated by
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reference, see § 430.3) measured at the
maximum fuel input rate
BEH = as defined in 9.1.2.2 of ANSI/ASHRAE
Standard 103—1993, (incorporated by
reference, see § 430.3) measured at the
maximum fuel input rate
ESO = as defined in 10.9 of this appendix.
10.2.3.2 For furnaces or boilers
equipped with step-modulating
controls, EAE is defined as:
EAE = BOHR (yP PER + yIGPEIG + yBER)
+ BOHM (yPPEH + yIGPEIG + y BEH)
+ ESO
Where:
BOHR = as defined in 10.2.1.2 of this
appendix
yP = as defined in 10.2.1 of this appendix
PER = as defined in 9.1.2.2 of ANSI/ASHRAE
Standard 103—1993, (incorporated by
reference, see § 430.3), measured at the
reduced fuel input rate
yIG = as defined in 10.2.1 of this appendix
PEIG = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1. of this appendix
BER = as defined in 9.1.2.2 of ANSI/ASHRAE
Standard 103—1993, (incorporated by
reference, see § 430.3) measured at the
reduced fuel input rate
BOHM = as defined in 10.2.1.4 of this
appendix
PEH = as defined in 9.1.2.2 of ANSI/ASHRAE
Standard 103—1993, (incorporated by
reference, see § 430.3) measured at the
maximum fuel input rate
BEH = as defined in 9.1.2.2 of ANSI/ASHRAE
Standard 103—1993, (incorporated by
reference, see § 430.3) measured at the
maximum fuel input rate
ESO = as defined in 10.9 of this appendix.
10.3 Average annual electric energy
consumption for electric furnaces or
boilers.
EE = 100(2,080)(0.77)DHR/(3.412 AFUE)
+ ESO
Where:
100 = to express a percent as a decimal
2,080 = as specified in 10.2.1 of this
appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
3.412 = conversion to express energy in terms
of watt-hours instead of Btu
AFUE = as defined in 11.1 of ANSI/ASHRAE
Standard 103—1993 (incorporated by
reference, see § 430.3), in percent, and
calculated on the basis of: ICS
installation, for non-weatherized warm
air furnaces; indoor installation, for nonweatherized boilers; or outdoor
installation, for furnaces and boilers that
are weatherized.
ESO = as defined in 10.9 of this appendix.
*
*
*
*
*
10.5.2 Average annual auxiliary
electrical energy consumption for gas or
oil-fueled furnaces and boilers located
in a different geographic region of the
United States and in buildings with
different design heating requirements.
For gas or oil-fueled furnaces and
boilers, the average annual auxiliary
electrical energy consumption for a
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
specific geographic region and a specific
typical design heating requirement
(EAER) is expressed in kilowatt-hours
and defined as:
EAER = (EAE¥ESO) (HLH/2080) + ESOR
Where:
EAE = as defined in 10.2.3 of this appendix
ESO = as defined in 10.9 of this appendix
HLH = as defined in 10.5.1 of this appendix
2,080 = as specified in 10.2.1 of this
appendix
ESOR = as specified in 10.5.3 of this appendix.
10.5.3 Average annual electric
energy consumption for electric
furnaces and boilers located in a
different geographic region of the
United States and in buildings with
different design heating requirements.
For electric furnaces and boilers, the
average annual electric energy
consumption for a specific geographic
region and a specific typical design
heating requirement (EER) is expressed
in kilowatt-hours and defined as:
EER = 100(0.77) DHR HLH/(3.412 AFUE)
+ ESOR
Where:
100 = as specified in 10.3 of this appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
HLH = as defined in 10.5.1 of this appendix
3.412 = as specified in 10.3 of this appendix
AFUE = as defined in 10.3 of this appendix
ESOR = ESO as defined in 10.9 of this
appendix, except that in the equation for
ESO, the term BOH is multiplied by the
expression (HLH/2080) to get the
appropriate regional accounting of
standby mode and off mode loss.
*
*
*
*
*
10.9 Average annual electrical
standby mode and off mode energy
consumption. Calculate the annual
electrical standby mode and off mode
energy consumption (ESO) in kilowatthours, defined as:
ESO = ((PSB * (4160¥BOH)) + (POFF *
4600)) * K
Where:
PSB = furnace or boiler standby mode power,
in watts, as measured in Section 8.6
4,160 = average heating season hours per year
POFF = furnace or boiler off mode power, in
watts, as measured in Section 8.6
4,600 = average non-heating season hours per
year
K = 0.001 kWh/Wh, conversion factor for
watt-hours to kilowatt-hours
BOH = total burner operating hours as
calculated in section 10.2 for gas or oilfueled furnaces or boilers. Where for gas
or oil-fueled furnaces and boilers
equipped with single-stage controls,
BOH = BOHSS; for gas or oil-fueled
furnaces and boilers equipped with twostage controls, BOH = (BOHR + BOHH);
and for gas or oil-fueled furnaces and
boilers equipped with step-modulating
controls, BOH = (BOHR + BOHM). For
E:\FR\FM\20OCR1.SGM
20OCR1
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations
electric furnaces and boilers, BOH =
100(2080)(0.77)DHR/(Ein 3.412)(AFUE))
Where:
100 = to express a percent as a decimal
2,080 = as specified in 10.2.1 of this
appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
3.412 = conversion to express energy in terms
of KBtu instead of kilowatt-hours
AFUE = as defined in 11.1 of ANSI/ASHRAE
Standard 103—1993 (incorporated by
reference, see § 430.3) in percent
E in = Steady-state electric rated power, in
kilowatts, from section 9.3 of ANSI/
ASHRAE Standard 103—1993
(incorporated by reference, see § 430.3).
[FR Doc. 2010–26369 Filed 10–19–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–1036; Directorate
Identifier 2009–NM–247–AD; Amendment
39–16480; AD 2010–22–01]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 767–200, –300, and
–300F Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
the products listed above. That AD
currently requires repetitive inspections
for fatigue cracking and corrosion of the
upper link fuse pin of the nacelle struts,
and related investigative and corrective
actions if necessary. The existing AD
also provides terminating action for the
repetitive inspections. This AD revises
certain criteria for the terminating
action. This AD was prompted by two
reports of cracked upper link fuse pins.
We are issuing this AD to prevent
fatigue cracking or corrosion of the
upper link fuse pin, which could result
in failure of the fuse pin and consequent
reduced structural integrity of the
nacelle strut and possible separation of
the strut and engine from the airplane
during flight.
DATES: This AD is effective November 4,
2010.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of November 4, 2010.
The Director of the Federal Register
approved the incorporation by reference
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:03 Oct 19, 2010
Jkt 223001
of a certain other publication listed in
this AD as of November 5, 2009 (74 FR
50692, October 1, 2009).
We must receive comments on this
AD by December 6, 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 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 AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (phone: 800–647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6577; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
On September 18, 2009, we issued AD
2009–20–09, Amendment 39–16032 (74
FR 50692, October 1, 2009), for certain
Model 767–200, –300, and –300F series
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
64633
airplanes. That AD requires repetitive
inspections for fatigue cracking and
corrosion of the upper link fuse pin of
the nacelle struts, and related
investigative and corrective actions if
necessary. That AD also provides
terminating action for the repetitive
inspections. That AD resulted from two
reports of cracked upper link fuse pins.
We issued that AD to prevent fatigue
cracking or corrosion of the upper link
fuse pin, which could result in failure
of the fuse pin and consequent reduced
structural integrity of the nacelle strut
and possible separation of the strut and
engine from the airplane during flight.
Actions Since Existing AD Was Issued
We have learned that paragraph (h) of
AD 2009–20–09 incorrectly identifies
the pin replacement as acceptable for
compliance with the optional strut
modification specified in paragraph (g)
of that AD. Rather, replacing the pin
terminates only the repetitive
inspections of the pins as required by
paragraph (g) of this AD; replacing the
pin does not terminate the requirement
for the strut modification. We have
removed credit for replacement of the
fuse pins with new fuse pins from
paragraph (h) of the existing AD
(specified as paragraph (i) in this AD)
because it is not a terminating action.
We have added new paragraph (j) in this
AD to specify that replacement of the
fuse pins terminates the repetitive
inspection requirements of paragraph (g)
of this AD, and the strut modification is
still required.
We have also revised paragraph (b) of
this AD to clarify that certain
requirements of this AD terminate
certain requirements of AD 2000–19–09,
Amendment 39–11910 (65 FR 58641,
October 2, 2000), and AD 2004–16–12,
Amendment 39–13768 (69 FR 51002,
August 17, 2004).
Explanation of Additional Paragraph in
the AD
We have added a new paragraph (d)
to this AD to provide the Air Transport
Association (ATA) of America subject
code 54: Nacelles/Pylons. This code is
added to make this AD parallel with
other new AD actions. We have
reidentified subsequent paragraphs
accordingly.
FAA’s Determination
We are issuing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of these same
type designs.
E:\FR\FM\20OCR1.SGM
20OCR1
]]>Agencies
[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64621-64633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26369]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 /
Rules and Regulations
[[Page 64621]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-TP-0020]
RIN 1904-AB89
Energy Conservation Program for Consumer Products: Test
Procedures for Residential Furnaces and Boilers (Standby Mode and Off
Mode)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is amending its test
procedures for residential furnaces and boilers to include provisions
for measuring standby mode and off mode energy consumption, as required
by the Energy Independence and Security Act of 2007 (EISA 2007). These
test procedure amendments are primarily based on and incorporate by
reference provisions of the International Electrotechnical Commission
(IEC) Standard 62301, ``Household electrical appliances--Measurement of
standby power.'' This final rule adds new calculations to determine the
annual energy consumption associated with standby mode and off mode
measured power, and it modifies the existing energy consumption
equations to integrate standby mode and off mode energy consumption
into the calculation of overall annual energy consumption of these
products. This final rule also adopts a number of definitions for key
terms.
DATES: This rule is effective November 19, 2010. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register on November 19, 2010.
ADDRESSES: You may review copies of all materials related to this
rulemaking at the U.S. Department of Energy, Resource Room of the
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600,
Washington, DC (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 regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, 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) 586-7892. 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.
Telephone: (202) 586-9507. E-mail: Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION: This final rule incorporates by reference
the following standard into part 430.
International Electrotechnical Commission (IEC) Standard
62301 (``IEC 62301''), Household electrical appliances--Measurement of
standby power (first edition, June 2005).
Copies of IEC Standard 62301 can be purchased from the American
National Standards Institute, 11 West 42nd Street, New York, New York
10036, (212) 642-4936, or https://webstore.iec.ch.
You can also view copies of this standards at the U.S. Department
of Energy, Resource Room of the Building Technologies Program, 950
L'Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586-2945,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
Table of Contents
I. Background and Authority
II. Summary of the Final Rule
III. Discussion
A. Possible Conflicts Between IEC Standard 62301 and Existing
Test Procedures
B. Alternate Test Procedure for Boilers
C. Additional Issues Raised by Energy Kinetics
D. Need for an Integrated Annual Fuel Utilization Efficiency
(AFUEI)
E. Other Comments Received on the Supplemental Notice of
Proposed Rulemaking
IV. Effect of Test Procedure Revisions on Compliance With Standards
V. Compliance With Other EPCA Requirements
VI. 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
M. Congressional Notification
VII. 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 the Act) sets forth a variety of provisions designed
to improve energy efficiency. Part A \1\ of Title III (42 U.S.C. 6291-
6309) establishes the ``Energy Conservation Program for Consumer
Products Other Than Automobiles,'' including residential furnaces and
boilers (all of which are referenced below as ``covered products'').\2\
(42 U.S.C. 6291(1)-(2) and 6292(a)(5))
---------------------------------------------------------------------------
\1\ This part was originally titled Part B. It was redesignated
Part A in the United States Code for editorial reasons.
\2\ All references to EPCA refer to the statute as amended
through the Energy Independence and Security Act of 2007, Public Law
110-140.
---------------------------------------------------------------------------
Under the Act, this program consists essentially of three parts:
(1) Testing; (2) labeling; and (3) establishing Federal energy
conservation standards. The testing requirements consist of test
procedures 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 representing the
efficiency of those products. Similarly, DOE must use these test
procedures to determine whether the products comply with standards
adopted under 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 ``[a]ny test procedures prescribed or amended
[[Page 64622]]
under this section 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, as determined by the Secretary [of Energy], 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 on them,
with a comment period no less than 60 or more than 270 days. (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))
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 measures 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 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 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).\3\ Id.
For residential furnaces and boilers, the statute directed DOE to
prescribe any such amendment to the test procedures by September 30,
2009. (42 U.S.C. 6295(gg)(2)(B)(iv))
---------------------------------------------------------------------------
\3\ IEC standards are available for purchase at: https://www.iec.ch.
---------------------------------------------------------------------------
DOE's current test procedure for residential furnaces and boilers
is found at 10 CFR part 430, subpart B, appendix N, Uniform Test Method
for Measuring the Energy Consumption of Furnaces and Boilers. DOE
established its test procedures for furnaces and boilers in a final
rule published in the Federal Register on May 12, 1997. 62 FR 26140.
This procedure establishes a means for determining annual energy
efficiency and annual energy consumption of gas-fired, oil-fired, and
electric furnaces and boilers. It is important to note that gas-fired
and oil-fired furnaces and boilers consume both fossil fuel and
electricity. Electric furnaces and boilers only consume electricity. In
this test procedure, fossil-fuel energy consumption is accounted for
comprehensively over a full-year cycle, thereby satisfying EISA 2007
requirements for fossil-fuel standby mode and off mode energy
consumption. However, electrical energy consumption in standby mode and
off mode is not accounted for in the current test procedure.
Proposed amendments to include electrical energy consumption in
standby mode and off mode were published in the Federal Register in the
July 27, 2009, notice of proposed rulemaking (NOPR). 74 FR 36959. DOE's
proposal was presented and explained at a public meeting on August 18,
2009 at DOE headquarters in Washington, DC. DOE invited written
comments, data, and information on the NOPR and accepted such material
through October 13, 2009.
Subsequent to the NOPR, DOE issued a Supplemental Notice of
Proposed Rulemaking (SNOPR) for the purpose of adding an integrated
metric that incorporates standby mode and off mode energy consumption
into the statutorily-identified efficiency descriptor, Annual Fuel
Utilization Efficiency (AFUE). The SNOPR was published in the Federal
Register on April 5, 2010. 75 FR 17075. An extension of the comment
period was published in the Federal Register on April 14, 2010. 75 FR
19296. The comment period closed on April 27, 2010.
II. Summary of the Final Rule
In this final rule, DOE is amending the current test procedure for
furnaces and boilers in order to implement recent amendments to EPCA
pertaining to measurement of standby mode and off mode energy
consumption. As an initial matter, DOE has concluded that the existing
test procedures already fully account for and incorporate the standby
mode and off mode fossil-fuel energy consumption of gas-fired and oil-
fired furnaces and boilers. Accordingly, for the fossil-fuel aspect of
these units, no further action is required. (42 U.S.C.
6295(gg)(2)(A)(i)) However, to address electrical standby mode and off
mode energy use, today's amendments incorporate by reference into the
DOE test procedures, 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 this standard for measuring standby mode and off mode
power consumption for furnaces and boilers.\4\
---------------------------------------------------------------------------
\4\ EISA 2007 directs DOE to also consider IEC Standard 62087
when amending its test procedures 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. However, IEC
Standard 62087 does not include measurement of the power consumption
of appliances such as furnaces and boilers. Therefore, DOE has
determined that IEC Standard 62087 is not applicable to this
rulemaking.
---------------------------------------------------------------------------
In addition, the amendments add new calculations to determine
annual energy consumption associated with electrical standby mode and
off mode measured power. The amendments modify existing energy
consumption equations to integrate electrical standby mode and off mode
energy consumption into the calculation of overall annual energy
consumption of these products. Finally, the final rule also adopts
definitions for a number of key terms.
Since the time of the NOPR and public hearing, DOE proposed that
one additional test procedure change is needed to carry out the
purposes of EISA 2007. Specifically, it was thought necessary to add an
integrated metric that incorporates standby mode and off mode energy
consumption into the statutorily-identified efficiency descriptor,
AFUE. For the reasons discussed below, after considering public
comments, DOE has determined that the proposed test procedure change
[[Page 64623]]
for an integrated metric is not technically feasible.
Today's amendments are essentially as proposed in the July 27, 2009
NOPR. 74 FR 36959. DOE has provided further clarification in this final
rule on how to implement the IEC Standard 62301 standard, as a result
of public comments. These comments and clarifications are discussed
fully below.
As provided by EPCA, amendments to the test procedure to measure
standby mode and off mode energy consumption shall not be used to
determine compliance with previously established standards. (42 U.S.C.
6295(gg)(2)(C)) Furthermore, EPCA requires DOE to determine whether a
proposed test procedure amendment would alter the measured efficiency
of a product, and require adjustment of the existing standards. (42
U.S.C. 6293(e)) However, the inclusion of standby mode and off mode
test methods in this final rule will not affect a manufacturer's
ability to demonstrate compliance with the current energy conservation
standards for residential furnaces and boilers. The new test procedure
provisions clearly state that the standby mode and off mode test need
not be performed to determine compliance with the current energy
conservation standards for furnaces and boilers, because the standards
do not comprehensively account for all standby mode and off mode energy
consumption.
Today's final rule, which include provisions for measuring standby
mode and off mode, will become effective in terms of adoption into the
Code of Federal Regulations (CFR), 30 days after the date of
publication in the Federal Register. Manufacturers will be required to
use this test procedure's standby mode provisions to demonstrate
compliance with any future energy conservation standards for
residential furnaces and boilers as of the compliance date of a final
rule establishing amended energy conservation standards for furnaces
and boilers that fully address standby mode and off mode energy
consumption. The introductory note to 10 CFR part 430, subpart B,
appendix N reads as follows: ``The procedures and calculations that
refer to standby mode and off mode energy consumption, (i.e., sections
8.6 and 10.9 of this appendix N) need not be performed to determine
compliance with energy conservation standards for furnaces and boilers
at this time. However, any representation related to standby mode and
off mode energy consumption of these products made after April 18, 2011
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 address 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.'' The quoted language will be removed
in the rulemaking to amend the energy conservation standards for
residential furnaces and boilers which must also address standby mode
and off mode energy consumption. A statement has also been added to the
introductory note to clarify that any representations pertaining to
standby mode and off mode energy consumption that are made after a date
180 days after publication of the test procedure final rule in the
Federal Register must be based upon testing under the relevant
provisions of this test procedure. Although this is a statutory
requirement under 42 U.S.C. 6293(c), DOE has concluded that it would be
useful to explicitly state this requirement in DOE's regulations.
III. Discussion
In the July 27, 2009 NOPR and at the subsequent August 18, 2009
public meeting, DOE sought input from interested parties on the
proposed amendments to the DOE test procedure for furnaces and boilers
to address standby mode and off mode energy use. Three written comments
were received from the Air-Conditioning, Heating and Refrigeration
Institute (AHRI), the People's Republic of China (China), and Energy
Kinetics, Inc. Two comments were generally supportive of the proposed
amendments but asked for clarification and specific modifications on
how to implement the IEC Standard 62301 in light of some possible
conflicts with the existing test procedure's specifications. (AHRI, No.
08 at pp. 1-2; China, No. 09 at p. 3.) A third comment asked for
consideration of a completely new test procedure for boilers (Energy
Kinetics, No. 3 at pp. 1-3). This third comment is not directly related
to the purpose of these amendments that are the basis for this test
procedure rulemaking to address measurement of standby mode and off
mode energy consumption, but it is discussed separately below.
In general, DOE has retained the approach to measurement of standby
mode and off mode presented in the July 2009 NOPR with certain
modifications based upon public comment input, so for further details,
please consult that document. 74 FR 36959 (July 27, 2009). DOE notes
that numerous comments were received on the supplemental proposal of an
integrated AFUE (AFUEI), the overwhelming majority of which
opposed adoption of the proposed integrated metric. These comments and
the overall discussion of the regulating metric for this product are
discussed below. However, to summarize here, based upon a careful
examination of these public comments, DOE has concluded that an
integrated metric (AFUEI) is not technically feasible,
because the standby mode and off mode energy usage, when measured, is
essentially lost in practical terms due to the fact that manufacturers'
ratings of AFUE are presented to the nearest whole number.
Consequently, DOE has decided to withdraw its AFUEI
proposal.
A. Possible Conflicts Between IEC Standard 62301 and Existing Test
Procedures
The AHRI comments recommended that the existing test procedure's
provisions \5\ should be used whenever there is a possible conflict
with IEC Standard 62301. Specifically, AHRI suggested that because the
additional proposed measurements will be taken in the course of the
overall conduct of the existing test procedure, ambient temperature,
test voltage and frequency, and instrument accuracy should be the same
as is currently specified in the furnace and boiler test procedure.
(AHRI, No. 3 at p. 1) The comment from China pointed out the same
possible conflicts but only asked for clarification. (China, No. 09 at
p. 3)
---------------------------------------------------------------------------
\5\ The existing provisions are found at Title 10 part 430,
subpart B, appendix N, which incorporates by reference sections of
the American National Standards Institute (ANSI)/American Society of
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
Standard 103--1993, ``Method of Testing for Annual Fuel Utilization
Efficiency of Residential Central Furnaces and Boilers.''
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DOE has further analyzed the various provisions of both the
existing test procedure and IEC Standard 62301 and has concluded that
some of the provisions of IEC Standard 62301 could represent either a
conflict or unnecessary burden. Accordingly, DOE believes some
additional clarification is necessary in this final rule. The following
discussion outlines, parameter by parameter, where the existing
procedures are to apply and where the IEC procedures are to apply.
On the matter of ambient temperature, DOE agrees with AHRI that the
existing test procedure specification should be used. Ambient
temperature is an important measurement within the existing test
procedure and has bearing
[[Page 64624]]
on the overall efficiency determination of the appliance. Considerable
effort is required to maintain a reasonably uniform ambient temperature
in the testing facility during actual testing of furnaces and boilers.
This is because there is considerable heat being produced by the
operation of the appliance during testing. The existing provisions
require a determination of average ambient temperature by taking
multiple measurements at various locations around the appliance; the
air for combustion and draft relief must not differ by more that 5
[deg]F from the average ambient temperature, and the average ambient
temperature must remain in a specified range during all tests (section
8.5, Room Ambient Temperature, of the ASHRAE 103--1993). In contrast,
IEC Standard 62301 only specifies an ambient temperature requirement of
(23 +/- 5) [deg]C (section 4.2, Test room, of IEC Standard 62301). DOE
believes this limited specification in IEC Standard 62301 is indicative
that ambient temperature is not likely to have a significant effect on
the measurement of standby mode and off mode wattage, provided that a
reasonable range of temperature is maintained. Since an ambient
temperature within a reasonable range is all that is required under IEC
Standard 62301, and given that an increased testing burden may result
from adoption of the slightly different IEC Standard 62301 ambient
temperature provision, DOE has concluded that the existing, more
detailed specification of ambient temperature is appropriate for the
standby mode and off mode wattage measurements. In this final rule, DOE
is explicitly clarifying the ambient temperature requirement in its
regulations at 10 CFR part 430, subpart B, appendix N, sections 8.6.1
and 8.6.2.
On the matter of voltage and frequency, section 4.3, Power supply,
of IEC Standard 62301 states that ``where the IEC standard is
referenced by an external standard or regulation that specifies a test
voltage and frequency, the test voltage and frequency so defined shall
be used for all tests.'' The DOE test procedures for residential
furnaces and boilers would be considered such an external standard,
except that the DOE test procedure only specifies voltage and not
frequency. Accordingly, it is not clear that this deference to the
existing test procedures should automatically apply.
IEC Standard 62301 specifies the test voltage and frequency of the
country for which the measurement is being determined (e.g., 115V, 60Hz
for North America). IEC Standard 62301 specifies that the tested
voltage and frequency should be within 1 percent of these values. As
noted above, in the existing test procedure, there is no specification
of frequency, but throughout the United States, 60 Hz is the frequency
of the distributed electrical power. Therefore, there is no possible
conflict regarding frequency, so DOE has determined that the 60Hz
specification should apply. The voltage specification in the existing
test procedure is expressed as ``within 1% of nameplate voltage.''
Typically, nameplate voltage would be either 115V or 120V. Therefore,
the difference in testing voltage possible is either non-existent or
very small, especially considering the same specified tolerance. In
view of this small possible difference in the voltage specification and
the general deference given to external standards, DOE has clarified in
this final rule that the existing test procedure's specification for
voltage shall apply to the standby mode and off mode measurements. In
this final rule, DOE is explicitly clarifying the frequency and voltage
requirements in its regulations at 10 CFR part 430, subpart B, appendix
N, sections 8.6.1 and 8.6.2.
On the issue of measurement accuracy, DOE continues to believe, as
stated in the NOPR, that the relevant IEC Standard 62301 provisions are
reasonable and appropriate for the low wattage levels expected for
furnaces and boilers in standby mode and off mode and should not pose a
significant burden to the furnace and boiler industry or the associated
testing industry. 74 FR 36959, 36966 (July 27, 2009). It is noted that
these measurement accuracy provisions discussed here only apply to the
new measurement requirements for standby mode and off mode added by
this final rule. This final rule does not affect the existing test
procedures' accuracy provision which applies for the active mode
measurements. AHRI in its comment recommended that the existing test
procedure provisions on measurement accuracy should be used for all
electrical measurements including the newly proposed measurements. The
accuracy provision in the existing test procedure states ``the error
shall be no greater than 1%'' (section 6.10, Energy Flow Rate, of
ASHRAE Standard 103--1993). In contrast, IEC Standard 62301's accuracy
provision states ``measurements * * * shall be made with an uncertainty
of less than or equal to 2% at the 95% confidence level'' (section 4.5,
Power measurement accuracy, of IEC Standard 62301). In addition,
section 5 of IEC Standard 62301 outlines measurement procedures that
clarify how stability is to be addressed in the testing (section 5,
Measurements, of IEC Standard 62301). AHRI stated that the ``95%
confidence'' provision implies repeated measurements and is not
consistent with any other measurements taken in the course of
conducting testing under the residential furnace and boiler test
procedure. (AHRI, No. 3 at p. 1). In follow-up comments, AHRI provided
detailed recommendations that maintain the instrument accuracy
specification of the existing test procedure (i.e., no greater than 1-
percent error). Also included in the AHRI detailed recommendations is
an added stability measurement procedure that involves multiple
measurements similar to what is outlined in section 5 of the IEC
Standard 62301 procedures (AHRI, No. 11 at pp. 3-4). AHRI did not
provide any data as to the potential for increased cost, time, or other
burden that might result from adopting the IEC accuracy provisions in
total.
In response, DOE believes the IEC accuracy provisions, including
the ``95% confidence'' format, are consistent with how instrument and
measurement accuracy are specified in the present day, whereas the
existing test procedure provision format is consistent with how
instrument and measurement accuracy were specified at the time the test
procedures were first developed. In addition, in this case, DOE does
not believe the IEC provision is more stringent or burdensome than the
existing provision. Taken together, DOE does not view the AHRI comments
as providing a reason to depart from the IEC measurement accuracy
provision. DOE had decided to retain its proposed approach to
measurement accuracy, because the IEC accuracy provision is consistent
with how present day instrument and measurement procedures are
specified, should not represent a significant increase in testing
burden, and will provide the additional benefit of measurement
consistency across DOE product types. This latter point is of interest
to DOE in the context of energy conservation standards where the
analysis and consideration of regulating standby mode and off mode
energy consumption would be served by a consistent measurement basis
across product types.
In summary, DOE has revisited the IEC Standard 62301 provisions in
order to address the comments received and has, for the reasons stated
above, decided to require existing test procedure specifications to
govern ambient temperature and voltage during the standby mode and off
mode tests.
[[Page 64625]]
However, also for reasons stated above, DOE is requiring use of IEC
Standard 62301 as the governing standard for standby mode and off mode
instrument and measurement accuracy.
B. Alternate Test Procedure for Boilers
The comments from Energy Kinetics presented what it believes to be
a myriad of shortcomings of the existing DOE test procedures as applied
to boilers. The dominant point made in the comment is to suggest that
an input/output method of test, in lieu of the current test procedure's
flue loss method of test, would be more appropriate for boilers.\6\
However, the commenter did not recommend any specific alternate test
method. (Energy Kinetics, No. 3 pp. 1-3, specifically points 1.0, 2.0,
4.0, and 6.0) Although generally outside the scope of the present
rulemaking to address standby mode and off mode energy use, DOE is
aware of the developments and possible advantages of input/output
methods and is appreciative of the efforts made by the commenter in
presenting these issues from their perspective. Conceptually, DOE sees
merit in a number of points made in the comments. Specifically, DOE
believes any time a more complete or more comprehensive analysis is
suggested, its potential for use in a test procedure should be given
serious consideration. However, it is DOE's view at this time that the
input/output methodology has not progressed to the point that it can be
considered for addition or substitution directly into DOE regulations.
Specifically, DOE is not aware of an agreed upon representative average
use simulation or model, utilizing input/output method of test, which
might meet the statutory requirements for a DOE test procedure. The
statute requires that ``any test procedure prescribed or amended * * *
shall be reasonably designed to produce test results which measure
energy efficiency * * * 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) (emphasis added)) The
commenter has not offered such a procedure for consideration.
Nonetheless, DOE acknowledges that this is an important issue, and,
accordingly, DOE will monitor the efforts of ASHRAE and others in
developing improved testing methods.
---------------------------------------------------------------------------
\6\ Flue loss method of test involves measurement of the actual
energy loss occurring in the exiting flue passage. Annual efficiency
is determined as 100 percent minus the on-period and off-period flue
losses and other appropriate losses (e.g., jacket losses for outdoor
units and air infiltration losses for indoor units). Input/output
method of test involves direct measurement of the useful output of
the unit. For hot water boilers this output would be the heat
content of the circulating water. Under the input/output method of
test, annual efficiency would be inferred by some combination of
laboratory simulation or mathematical modeling utilizing these heat
measurements.
---------------------------------------------------------------------------
C. Additional Issues Raised by Energy Kinetics
Within the overall suggestion to consider a different test
procedure for boilers, the Energy Kinetics comments raised issues
regarding the existing DOE boiler test procedure that are not
necessarily related to the test methodology issue discussed above.
Although these issues may have some relevance to the test methodology
issue, they are independent enough to merit separate discussion.
First, Energy Kinetics suggested in its comments that the treatment
of jacket losses in the existing test procedure is inappropriate for
boilers. (Energy Kinetics, No. 03 pp. 1-3, specifically points 4.4,
4.5, 5.0, and 5.1). Key to this interpretation is the commenter's
belief that the heat energy from the boiler jacket should not be
credited as useful heat to the home. This belief would be true for
boilers installed outdoors but not true for boiler installed indoors.
For uniformity purposes, the existing test procedure minimizes the
number of ratings to just two; indoor ratings for boilers that are not
weatherized and outdoor ratings for boilers that are weatherized. (10
CFR part 430, subpart B, appendix N, section 10.1) Indoor ratings
(i.e., non-weatherized) assume all jacket heat is useful heat, and
outdoor ratings (i.e., weatherized) assume all jacket heat is an energy
loss. These existing provisions provide a uniform basis of comparison
for indoor installed boilers that is reasonably representative without
requiring a separate test to determine and added calculations to deduct
(or partially deduct) jacket loss. Also, these existing provisions
provide a uniform basis of comparison for outdoor installed boilers
where a full jacket loss deduction is appropriate. It is interesting to
note, a full deduction of jacket loss for indoor boilers, although
inappropriate, would easily be accommodated in an input/output test
methodology since, in that methodology, only the heat content of the
circulating water is credited as useful heat. In effect, this limit on
only crediting circulating water heat results in a full deduction of
any jacket loss. This fact supports the commenter's preference for a
full jacket loss deduction for all boilers.
In consideration of all of the above, DOE believes the points
Energy Kinetics raised are outside of the scope of this rulemaking and
does not see the need to delay this final rule for the purposes of
reconsidering the existing provisions on jacket loss. DOE believes that
a better path would be to consider this issue as part of a more
comprehensive future rulemaking to consider updates to the residential
furnaces and boilers test procedure.
The Energy Kinetics comment also identified two areas where it
believes the test procedures should be expanded: (1) Use of advanced
controls, and (2) the combination of water heating and space
conditioning functions. (Energy Kinetics, No. 03 pp. 1-3, specifically
points 2.0, 4.6, and 5.2) These are issues of which DOE is aware and
which are currently under study within the test procedure support
community. As with the jacket loss issue, DOE believes this issue is
out of scope and does not see the need to delay this final rule for the
purposes of addressing these complicated issues at this time. Again,
DOE believes that a better path would be to consider these issues as
part of a more comprehensive future rulemaking to consider updates to
the residential furnace and boilers test procedure.
Finally, Energy Kinetics stated that a separate metric should be
developed to provide information on the relative difference in energy
efficiency across different distribution systems (e.g. ducted
distribution systems vs. hydronic systems). (Energy Kinetics, No. 03 p.
2, specifically points 7.0, 7.1, and 7.2.) In response, DOE notes that
the test procedure's focus is the testing and differentiation of energy
performance of the manufactured product. Annual energy consumption
estimates reflect a uniform application of representative values that
result in an energy or monetary value of a given manufactured product's
performance, all for the purposes of comparison. One could argue that
the test procedure's annual energy consumption estimates are inaccurate
because of this lack of distribution efficiency consideration. However,
one could also argue that the test procedure provides for a means to
uniformly test and compare all boilers regardless of effects of actual
distribution systems. In any event, the issue is outside of the scope
of this rulemaking and will not be considered further or resolved here.
Once again, DOE believes that a better path would be to consider this
issue as part of a more comprehensive future rulemaking to consider
updates to the residential furnaces and boilers test procedure.
[[Page 64626]]
D. Need for an Integrated Annual Fuel Utilization Efficiency (AFUEI)
Subsequent to publication of the July 2009 NOPR and the related
public hearing, DOE proposed one additional test procedure change that
it tentatively determined is needed to carry out the purposes of EISA
2007. Specifically, DOE proposed to add an integrated metric that
incorporates standby mode and off mode energy consumption into the
statutorily-identified efficiency descriptor, AFUE. Key to DOE's
tentative determination is the specification of AFUE as the required
energy efficiency descriptor for furnaces in the statute. (42 U.S.C.
6291(22)). EISA 2007 requires, if technically feasible, integration of
standby mode and off mode energy consumption into the overall energy
efficiency, energy consumption, or other energy descriptor. (42 U.S.C.
6295(gg)(2)(A)) The July 2009 NOPR proposed accomplishing this
integration by incorporating standby mode and off mode energy
consumption into the energy consumption equations and other energy
descriptors. It was thought at the time of the proposal that this
extent of integration was sufficient to satisfy the requirements of
EISA 2007. However, because of the specific identification of AFUE as
the efficiency descriptor for furnaces in the statute, DOE interpreted
EISA 2007 as requiring, if technically feasible, an integrated AFUE
that reflects standby mode and off mode energy consumption for both
fossil fuel and electricity. DOE reasoned that this approach would also
allow for a smooth transition to the EISA 2007 requirement that all
energy conservation standards adopted after July 1, 2010 must account
for standby mode and off mode energy consumption. (42 U.S.C.
6295(gg)(3)(A))
As noted above, this matter was the subject of an SNOPR published
in the Federal Register on April 5, 2010. 75 FR 17075.
Numerous comments opposed both the need for AFUEI and
the possibility of regulating by AFUEI. In sum, these
comments suggested that DOE has misinterpreted the statute in terms of
requiring the integration of standby mode and off mode energy
consumption into the AFUE metric and further that regulating by
AFUEI would be counter to the intent of EISA 2007, so the
separate standard form of regulation, as contemplated by EISA 2007,
should be pursued instead. Commenters overwhelmingly opposed DOE's
proposed integrated AFUEI metric, as presented in the SNOPR.
On the first point, Lennox, AHRI, and American Council for an
Energy-Efficient Economy (ACEEE) all asserted that in their reading of
the EISA 2007 statute, the requirement to integrate standby mode and
off mode energy consumption into the AFUE metric is not mandated.
(Lennox, No. 20 at p. 3; AHRI, No. 08 at p. 2; ACEEE, No. 18 at p. 3)
These commenters believe DOE is given latitude in the statute to
integrate if it chooses and that there is no mandate that DOE must
integrate the standby and off mode consumption into the AFUE
descriptor. Other commenters pointed out the mathematical
inconsistencies associated with adding consumption values within an
efficiency descriptor. (Carrier No. 17 at p. 3; AHRI, No. 16 at p. 2)
In support of this inconsistency argument, ACEEE stated that the
proposed approach for AFUEI is counter to DOE's own position
taken in its test procedure final rule for fluorescent lamp ballasts.
74 FR 54445 (Oct. 22, 2009). In the technical support document (TSD)
for that rulemaking, DOE stated, ``Because BEF [ballast efficiency
factor] is a measure of efficiency and standby mode power is a measure
of energy consumption, DOE does not believe it is feasible to
incorporate a measure of standby mode energy use into the BEF metric.''
(ACEEE, No. 18 at p. 2) In contrast, comments from the American Gas
Association (AGA) and the American Public Gas Association (APGA) were
supportive of the integrating concept. However, while these entities
support the proposal for AFUEI, they argued that the
included conversion factor transposing the point-of-use electrical
energy into an expression of Btu provides only a partial picture of the
total energy use of these products. AGA and APGA stated that it would
be more appropriate to convert measured site energy to source energy to
capture transmission losses. Accordingly, AGA and APGA recommended that
the proposed integrated metric should be adjusted for a full-fuel-cycle
measure of energy consumption and encouraged further integration of
electricity consumption utilizing the full fuel cycle into the
regulatory process. (AGA, No. 19, at pp. 1-3; APGA, No. 23 at pp. 1-2)
Further objection to AFUEI was expressed in the comments
if in fact DOE uses AFUEI as the basis of regulation.
Specifically, it was argued that because of the relatively small
magnitude of the standby mode and off mode loss, the results for
AFUEI are not materially different enough from the existing
test procedure's AFUE to allow for effective differentiation and
regulation, and, therefore, integration is not feasible. (ACEEE, No. 18
at p. 4) Earthjustice asserted that the rounding allowed in the test
procedure and the associated sampling provisions would ``swallow'' the
effect of standby mode and off mode. (Earthjustice, No. 21 at pp. 3-4)
Trane further argued that the integrated AFUE would have the perverse
effect of making larger-capacity furnaces inappropriately appear to be
slightly more efficient than smaller furnaces. This is because the
magnitude of standby mode and off mode energy consumption could be the
same across a given manufacturer's models of different capacities. The
result, in that case, is a smaller adjustment in terms of efficiency
percentage for larger furnaces, even though the potential energy
savings by reducing standby mode and off mode energy consumption is the
same. (Trane, No. 14 at p. 3)
Key to the opposition to AFUEI as the regulating metric
is the distinction made in the statute as to ``technically feasible''
with regard to test procedure integration, and ``feasible'' with regard
to a single new or amended standard. (42 U.S.C. 6295(gg)(2)(A) and (3))
Specifically, objecting comments maintain that the AFUEI
provides an ineffective basis for regulation, and, therefore, it makes
it infeasible to carryout the intent of EISA 2007. These commenters
reasoned that a separate metric such as that provided in the original
NOPR, specifically ESO or the measured wattage, would be a
feasible basis of regulation.
In consideration of the above, DOE reexamined the applicable
provisions of EPCA regarding standby mode and off mode energy
consumption. Specifically, EPCA requires that the test procedures for
all covered products be amended to include standby mode and off mode
energy consumption by integrating such energy consumption into the
overall energy efficiency, energy consumption, or other energy
descriptor for each covered product, unless the Secretary determines
that: (1) The current test procedures for a covered product already
fully account for and incorporate the standby mode and off mode energy
consumption of the covered product; or (2) 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 energy use test procedure for that covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A))
To examine the commenters' claim that an integrated AFUE metric
(AFUEI) is infeasible, DOE further investigated
[[Page 64627]]
the magnitude of the standby mode and off mode electrical use for
residential furnaces. DOE conducted testing of various commercially-
available residential furnaces that span a range of efficiencies, input
capacities, and manufacturers, and found that the standby mode and off
mode electrical rate of consumption ranges from 2 to 10 watts,
depending on the residential furnace's features. A typical residential
furnace uses approximately 7 watts of electrical standby mode and off
mode power. Some common components contributing to the electrical
standby mode and off mode energy consumption include the interruptible
igniter, the control board for the furnace, and any additional controls
used in the furnace blower-motor assembly. When the hours that the
furnace spends in standby mode and off mode are considered, standby
mode and off mode power consumption of 7 watts results in a total of
approximately 55 kilowatt hours of electrical use annually per furnace.
The total annual fossil fuel energy use for a typical furnace with an
input capacity of 80,000 Btu/h is at least 400 times greater than the
electrical standby mode and off mode energy consumption, depending on
the operating conditions of the furnace. Thus, when the electrical
consumption in standby mode and off mode is added to the fossil fuel
energy consumption in all modes of operation in the AFUEI
equation, as proposed in the SNOPR, the standby mode and off mode
electrical consumption would have an insignificant impact on the value
of AFUEI. Using the approximations described above, the
standby mode and off mode electrical consumption would be 1/400th or
0.25 percent of the fossil fuel energy consumption. Currently, the
Federal energy conservation standards and manufacturers' ratings of
AFUE are presented to the nearest whole number. Consequently, given
rounding conventions, standby mode and off mode would be likely to
effect a change in the standard level for furnaces and boilers in only
rare cases, if an integrated AFUE metric were adopted.
After considering the comments on the SNOPR, DOE has determined
that it is technically infeasible to integrate the standby mode and off
mode energy use with active mode energy use for furnaces because the
standby mode and off mode energy usage, when measured, is essentially
lost in practical terms due to the fact that manufacturers' ratings of
AFUE are presented to the nearest whole number.
In light of the comments and DOE's re-examination explained above,
DOE is abandoning its supplemental proposal to integrate the standby
mode and off mode electrical energy consumption into the AFUE
descriptor for residential furnaces. Instead, DOE is adopting
amendments to the residential furnaces and boilers test procedure to
separately measure the electrical power consumption of those products
in standby mode and off mode (i.e., PSB and POFF)
as specified in its original NOPR. 74 FR 36959, 36970-71 (July 27,
2009). In addition, DOE is adopting the calculations as specified in
its original NOPR, which allow the electrical power consumption to be
translated into an annualized energy consumption value based on the
hours the furnace spends operating in standby mode and off mode (i.e.,
ESO). Id. This approach would allow for the measurement of
standby mode and off mode electrical consumption of different furnace
and boiler 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
consumption of residential furnaces through the use of one of these
separate energy descriptors in the current standards rulemaking. For
additional information, see https://www1.eere.energy.gov/buildings/appliance_standards/residential/furnaces_boilers.html.
E. Other Comments Received on the Supplemental Notice of Proposed
Rulemaking
Comments were received in response to the SNOPR that were not
related to the subject of the SNOPR but rather were related to aspects
of the original NOPR. Although these comments are outside of the
narrowed focus of the SNOPR, DOE did not want to unnecessarily limit
the opportunity for public comment and is addressing these comments
here. These additional comments objected to the integration and
accounting of standby mode and off mode energy consumption as presented
in the July 2009 NOPR. Specifically, Carrier, Rheem, and AHRI argued
that the annual accounting of electricity energy consumption, as
expressed in the test procedure's descriptor EAE, should not
include the addition of standby mode and off mode energy consumption,
because EAE without such addition is currently being used by
the industry, and to change this value now would unnecessarily burden
manufacturers. (Carrier, No. 17 at p. 3: Rheem, No. 15 at pp. 8-9:
AHRI, No. 16 at pp. 4-5) The EAE descriptor is the annual
electrical energy consumption of furnaces and boilers. This annual
consumption descriptor has always been a part of the test procedures
for furnaces and boilers, and it is used to obtain a representative
annual operating cost for furnaces and boilers. For fossil-fueled
furnaces and boilers, the annual operating cost is the sum of the
annual electrical operating cost plus the annual fossil fuel cost. The
July 2009 NOPR proposed to modify this descriptor by adding the
additional electrical consumption represented by the newly-added
standby mode and off mode energy consumption. No comments were received
objecting to this addition to EAE at the time of the
original NOPR. However, in response to the SNOPR, these commenters now
report that EAE without the addition of standby mode and off
mode energy consumption is being used currently to identify
electrically efficient furnaces and also to identify efficient furnace
fans for the purposes of tax credits. Adding standby mode and off mode
energy consumption to the EAE term is problematic because it
would change the meaning of the existing rebate and tax credit
criterion based on EAE. In response, DOE does not see the
need to withdraw the proposed modification of EAE for the
convenience of current programs using the unmodified EAE
descriptor. Rather, DOE believes that the modified descriptor is both
consistent with the directives in EISA 2007 and also provides a more
complete basis for product comparison. Accordingly, DOE is adopting the
proposed modification to EAE as part of this final rule.
A second objection was received regarding the proposed
ESO descriptor. ESO is the annual sum of standby
mode and off mode electrical energy consumption. Trane and Rheem
objected to the accounting or hourly assignments proposed for the
ESO descriptor, because such accounting is inaccurate in
their view. In the proposed amendments, electric standby mode is
defined as the off period during the heating season, and off mode is
defined as the entire non-heating season. These definitions allow for
the use of the hourly assignments already in the test procedures. Taken
together, these proposed assignments would provide a full year's
accounting of the energy consumption. Trane argued that there is some
overstatement of ESO because some of the off period for one
of the electrical components (i.e., circulating fan) is actually in
active mode because of the possible active cooling load hours utilizing
this same fan. Rheem argued the opposite point, because in Rheem's
view, the proposed
[[Page 64628]]
ESO assignments understate the actual standby mode energy
consumption; Rheem reasoned that some electronic losses are constant,
and an annual consumption approximation of the wattage times a full
year of 8760 hours would be more appropriate. As one can see, there is
no perfect resolution to this accounting problem. Accordingly, DOE
finds the proposed accounting in the NOPR to be reasonably accurate and
appropriate for the integration necessary to implement the relevant
provisions of EISA 2007. Accordingly, DOE has decided to retain the
accounting methodology associated with ESO for this final
rule.
IV. Effect of Test Procedure Revisions on Compliance With Standards
In amending a test procedure, section 323(e) of EPCA directs DOE to
determine to what extent, if any, the test procedure would alter the
measured energy efficiency of the covered product. If the amended test
procedure alters the measured efficiency, the Secretary must amend the
applicable energy conservation standard to the extent the amended test
procedure changes the energy efficiency of products that minimally
comply with the existing standard. (42 U.S.C. 6293(e)) The current
energy conservation standard for furnaces and boilers is based on a
metric, AFUE, which is not effected by the inclusion of electrical
standby mode and off mode energy consumption. As explained below, this
final rule has no effect on the current energy conservation standard.
As provided by EPCA, amendments to the test procedures to include
standby mode and off mode energy consumption shall not be used to
determine compliance with previously established standards. (42 U.S.C.
6295(gg)(2)(C)) The inclusion of a standby mode and off mode test
method in this final rule will not affect a manufacturer's ability to
demonstrate compliance with the existing energy conservation standards
for residential furnaces and boilers. The standby mode and off mode
tests need not be performed to determine compliance with the current
energy conservation standards for furnaces and boilers because the
current standards do not comprehensively account for electrical standby
mode and off mode energy consumption.
Today's final rule, which includes provisions for measuring standby
mode and off mode energy consumption, will become effective, in terms
of adoption into the Code of Federal Regulations (CFR), 30 days after
the date of publication in the Federal Register. Manufacturers will be
required to use this test procedure's standby mode and off mode
provisions to demonstrate compliance with any future energy
conservation standards for residential furnaces and boilers that
address standby mode and off mode energy consumption. The introductory
sentence to 10 CFR part 430, subpart B, appendix N, reads as follows:
``The procedures and calculations that refer to standby mode and off
mode energy consumption (i.e., sections 8.6 and 10.9 of this appendix
N) need not be performed to determine compliance with energy
conservation standards for furnaces and boilers at this time.'' The
above statement will be removed as part of a future rulemaking to amend
the energy conservation standards for residential furnaces and boilers
to account for standby mode and off mode energy consumption, and
compliance with the applicable test procedure provisions will be
required on the compliance date of those amended energy conservation
standards. A statement has also been added to the introductory note to
appendix N to clarify that any representations pertaining to standby
mode and off mode energy consumption of these products that are made on
or after a date 180 days after the date of publication of this 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). Although this is a statutory requirement under
42 U.S.C. 6293(c), DOE has concluded that it would be useful to
explicitly state this requirement in DOE's regulations.
V. Compliance With Other EPCA Requirements
EPCA requires that new or amended test procedures 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)) For
the reasons that follow, DOE has determined that the incorporation of
IEC Standard 62301, along with the modifications and additional
calculations described above, satisfy this requirement.
As noted above, the test procedure incorporates by reference
provisions from IEC Standard 62301 for the measurement of standby mode
and off mode energy consumption. IEC Standard 62301 is widely accepted
and used internationally to measure electric power in standby mode and
off mode. Based on its analysis of IEC Standard 62301, DOE has
determined that the test methods and equipment that the amendments
require for measuring standby mode and off mode power do not differ
substantially from the test methods and equipment in the current DOE
test procedure for furnaces and boilers. Therefore, testing of furnaces
and boilers pursuant to today's final rule will not require any
significant investment in test facilities or new equipment. For these
reasons, DOE does not believe that the standby mode and off mode test
procedure provisions will add significant costs.
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
Today's regulatory action 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
regulatory action was not subject to review under that Executive Order
by the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
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, will not have a
significant economic impact on a substantial number of small entities.
A regulatory flexibility analysis examines the impact of the rule on
small entities and considers alternative ways of reducing negative
effects. Also, 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 has made its procedures and policies available on the
Office of the General Counsel's Web site at https://www.gc.doe.gov.
Today's final rule adopts test procedure provisions to measure
standby mode and off mode energy consumption of residential furnaces
and boilers, generally through the incorporation by reference of IEC
[[Page 64629]]
Standard 62301 and the modifications and additional calculations
described in detail in the July 2009 NOPR. DOE reviewed today's final
rule under the provisions of the Regulatory Flexibility Act and the
policies and procedures published on February 19, 2003. For the reasons
explained in the July 2009 NOPR, DOE certified that the proposed rule
would not have a significant impact on a substantial number of small
entities. 74 FR 36959, 36967 (July 27, 2009).
As noted above, the test procedure incorporates by reference
provisions from IEC Standard 62301 for the measurement of standby mode
and off mode energy consumption. IEC Standard 62301 is widely accepted
and used internationally to measure electric power in standby mode and
off mode. Based on its analysis of IEC Standard 62301, DOE determined
that the test methods and equipment that the amendments require for
measuring standby mode and off mode power do not differ substantially
from the test methods and equipment in the current DOE test procedure
for furnaces and boilers. Therefore, testing of furnaces and boilers
pursuant to today's final rule will not require any significant
investment in test facilities or new equipment. For these reasons, DOE
does not believe that the standby mode and off mode test procedure
provisions will add significant costs.
The Small Business Administration (SBA) considers an entity to be a
small business if, together with its affiliates, it employs fewer than
a threshold number of workers specified in 13 CFR part 121, which
relies on size standards and codes established by the North American
Industry Classification System (NAICS). The threshold number for NAICS
classification 333415, which applies to Air-Conditioning and Warm Air
Heating Equipment and Commercial and Industrial Refrigeration Equipment
Manufacturing (including residential furnaces and boilers), is 750
employees.\7\ DOE reviewed the Air-Conditioning, Heating, and
Refrigeration Institute's Directory of Certified Product Performance
for Residential Furnaces and Boilers (2009),\8\ the ENERGY STAR Product
Databases for Gas and Oil Furnaces (May 15, 2009),\9\ the California
Energy Commission's Appliance Database for Residential Furnaces and
Boilers,\10\ and the Consortium for Energy Efficiency's Qualifying
Furnace and Boiler List (April 2, 2009).\11\ From this review, DOE
found that there are approximately 25 small businesses within the
furnace and boiler industry. Even though there are a significant number
of small businesses within the furnace and boiler industry, DOE has
concluded that the test procedure amendments contained in this final
rule would not represent a substantial burden to any manufacturer,
including small manufacturers, as explained above.
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\7\ U.S. Small Business Administration, Table of Small Business
Size Standards, August 22, 2008, available at: https://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.
\8\ The Air-Conditioning, Heating and Refrigeration Institute,
Directory of Certified Product Performance, June 2009, available at:
https://www.ahridirectory.org/ahridirectory/pages/home.aspx.
\9\ The U.S. Environmental Protection Agency and the U.S.
Department of Commerce,
