Energy Conservation Program for Consumer Products: Test Procedures for Direct Heating Equipment and Pool Heaters, 63410-63429 [2013-24352]
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
553; the NRC is proposing to adopt the
following amendments to 10 CFR part
72.
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act secs. 51, 53,
57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186,
187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073,
2077, 2092, 2093, 2095, 2099, 2111, 2201,
2232, 2233, 2234, 2236, 2237, 2238, 2273,
2282, 2021); Energy Reorganization Act sec.
201, 202, 206, 211 (42 U.S.C. 5841, 5842,
5846, 5851); National Environmental Policy
Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
Policy Act secs. 131, 132, 133, 135, 137, 141,
148 (42 U.S.C. 10151, 10152, 10153, 10155,
10157, 10161, 10168); sec. 1704, 112 Stat.
2750 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, Pub. L. No. 109–58, 119 Stat. 549
(2005).
Section 72.44(g) also issued under secs.
Nuclear Waste Policy Act 142(b) and 148(c),
(d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic
Energy Act sec. 189 (42 U.S.C. 2239); Nuclear
Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear
Waste Policy Act sec. 145(g) (42 U.S.C.
10165(g)). Subpart J also issued under
Nuclear Waste Policy Act secs. 117(a), 141(h)
(42 U.S.C. 10137(a), 10161(h)). Subpart K is
also issued under sec. 218(a) (42 U.S.C.
10198).
2. In § 72.214, Certificate of
Compliance 1004 is revised to read as
follows:
■
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Certificate Number: 1004.
Initial Certificate Effective Date:
January 23, 1995.
Amendment Number 1 Effective Date:
April 27, 2000.
Amendment Number 2 Effective Date:
September 5, 2000.
Amendment Number 3 Effective Date:
September 12, 2001.
Amendment Number 4 Effective Date:
February 12, 2002.
Amendment Number 5 Effective Date:
January 7, 2004.
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Dated at Rockville, Maryland, this 2nd day
of October, 2013.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2013–24905 Filed 10–23–13; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE–2013–BT–TP–0004]
RIN 1904–AC94
Energy Conservation Program for
Consumer Products: Test Procedures
for Direct Heating Equipment and Pool
Heaters
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
and public meeting.
AGENCY:
The U.S. Department of
Energy (DOE) proposes to revise its test
procedures for direct heating equipment
and pool heaters established under the
Energy Policy and Conservation Act.
This rulemaking will fulfill DOE’s
statutory obligation to review its test
procedures for covered products at least
once every seven years. For direct
heating equipment, the proposed
amendments would add provisions for
testing vented home heating equipment
that utilizes condensing technology, and
to incorporate by reference six industry
test standards to replace the outdated
test standards which are referred to in
the existing DOE test procedure. These
industry standards reflect the current
SUMMARY:
§ 72.214 List of approved spent fuel
storage casks.
*
Amendment Number 6 Effective Date:
December 22, 2003.
Amendment Number 7 Effective Date:
March 2, 2004.
Amendment Number 8 Effective Date:
December 5, 2005.
Amendment Number 9 Effective Date:
April 17, 2007.
Amendment Number 10 Effective
Date: August 24, 2009.
Amendment Number 11 Effective
Date: January 7, 2014.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis
Report for the Standardized NUHOMS®
Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72–1004.
Certificate Expiration Date: January
23, 2015.
Model Number: NUHOMS®–24P,
–24PHB, –24PTH, –32PT, –32PTH1,
–52B, –61BT, and –61BTH.
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practice in test set-up and test
conditions for testing direct heating
equipment. For pool heaters, the
proposed amendments would
incorporate by reference ANSI/Airconditioning, Heating, and Refrigeration
Institute (AHRI) Standard 1160–2009,
‘‘Performance Rating of Heat Pump Pool
Heaters,’’ and ANSI/American Society
of Heating, Refrigerating, and Airconditioning Engineers (ASHRAE)
Standard 146–2011, ‘‘Method of Testing
and Rating Pool Heaters,’’ to establish a
test method for electric pool heaters
(including heat pump pool heaters). The
proposed amendments would also
clarify the test procedure’s applicability
to oil-fired pool heaters. DOE is also
announcing a public meeting to discuss
and receive comments on issues
presented in this test procedure
rulemaking.
Comments: DOE will accept
comments, data, and information
regarding this notice of proposed
rulemaking (NOPR) before and after the
public meeting, but no later than
January 7, 2014. See section V, ‘‘Public
Participation,’’ for details.
Meeting: DOE will hold a public
meeting on Wednesday, December 4,
2013, from 9:00 a.m. to 4:00 p.m., in
Washington, DC. The meeting will also
be broadcast as a webinar. See section
V, ‘‘Public Participation,’’ for webinar
registration information, participant
instructions, and information about the
capabilities available to webinar
participants.
DATES:
The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 1000
Independence Avenue SW.,
Washington, DC 20585. To attend,
please notify Ms. Brenda Edwards at
(202) 586–2945. For more information,
refer to section V, ‘‘Public
Participation,’’ near the end of this
notice of proposed rulemaking.
Interested persons are encouraged to
submit comments using the Federal
eRulemaking Portal at
www.regulations.gov. Alternatively,
interested persons may submit
comments, identified by docket number
EERE–2013–BT–TP–0004 and/or RIN
1904–AC94, by any of the following
methods:
• Email:
DirectHeatingPoolHeaters2013TP0004@
ee.doe.gov. Include EERE–2013–BT–
TP–0004 and/or RIN 1904–AC94 in the
subject line of the message. Submit
electronic comments in WordPerfect,
Microsoft Word, PDF, or ASCII file
format, and avoid the use of special
characters or any form of encryption.
ADDRESSES:
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
• Postal Mail: Ms. Brenda Edwards,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (CD), in which case it is
not necessary to include printed copies.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., 6th Floor,
Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on a CD, in which case
it is not necessary to include printed
copies.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V of this document (Public
Participation).
Docket: A link to the docket Web page
can be found at: https://
www.regulations.gov/
# !docketDetail;D=EERE-2013-BT-TP0004. This Web page contains a link to
the docket for this notice of proposed
rulemaking on the www.regulations.gov
site. The www.regulations.gov Web page
contains simple instructions on how to
access all documents, including Federal
Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials in the docket. See
section V, ‘‘Public Participation,’’ for
information on how to submit
comments through
www.regulations.gov.
For information on how to submit a
comment, review other public
comments and the docket, or participate
in the public meeting, contact Ms.
Brenda Edwards at (202) 586–2945 or by
email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
John Cymbalsky, 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) 287–1692. Email:
John.Cymbalsky@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9507. Email:
Eric.Stas@hq.doe.gov.
For information on how to submit or
review public comments, contact Ms.
Brenda Edwards, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
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Washington, DC 20585–0121.
Telephone: (202) 586–2945. Email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Notice of Proposed
Rulemaking
III. Discussion
A. Test Procedure for Direct Heating
Equipment
1. Vented Home Heating Equipment
Employing Condensing Technology
2. Updating of Industry Reference
Standards
3. Other Issues
B. Test Procedure for Pool Heaters
1. Electric Pool Heaters
2. Other Issues
C. Compliance with Other EPCA
Requirements
IV. Procedural Issues and Regulatory Review
A. Administrative Procedure Act
B. Review Under Executive Order 12866
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act of 1995
E. Review Under the National
Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates
Reform Act of 1995
I. Review Under the Treasury and General
Government Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal
Energy Administration Act of 1974
V. Public Participation
A. Attendance at the Public Meeting
B. Procedure for Submitting Requests to
Speak and Prepared General Statements
for Distribution
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part B 1 of the Energy Policy
and Conservation Act of 1975 (‘‘EPCA’’
or ‘‘the Act’’), Public Law 94–163
(codified at 42 U.S.C. 6291–6309) sets
forth a variety of provisions designed to
improve energy efficiency and
establishes the Energy Conservation
Program for Consumer Products Other
Than Automobiles.2 These include two
covered products that are the subject of
today’s notice: direct heating equipment
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
2 All references to EPCA in this document refer
to the statute as amended through the American
Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112–210 (Dec. 18, 2012).
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and pool heaters. (42 U.S.C. 6292(a)(9)
and (11))
Under EPCA, this program generally
consists of four parts: (1) Testing; (2)
labeling; (3) establishing Federal energy
conservation standards; and (4)
certification and enforcement
procedures. The testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for making
representations about the efficiency of
those products, including
representations to DOE of compliance
with applicable energy conservation
standards adopted pursuant to EPCA.
(42 U.S.C. 6293(c); 42 U.S.C. 6295(s))
Similarly, DOE must use these test
requirements to determine whether the
products comply with any relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures that DOE
must follow when prescribing or
amending test procedures for covered
products. EPCA provides, in relevant
part, that any test procedures prescribed
or amended under this section must 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 must 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. (42 U.S.C.
6293(b)(2)) Finally, in any rulemaking to
amend a test procedure, DOE must
determine the extent to which the
proposed test procedure would alter the
product’s measured energy efficiency.
(42 U.S.C. 6293(e)(1)) If DOE determines
that the amended test procedure would
alter the measured energy efficiency of
a covered product, DOE must amend the
applicable energy conservation standard
accordingly. (42 U.S.C. 6293(e)(2))
Further, the Energy Independence and
Security Act of 2007 (EISA 2007)
amended EPCA to require that at least
once every 7 years, DOE must review
test procedures for all covered products
and either amend test procedures (if the
Secretary determines that amended test
procedures would more accurately or
fully comply with the requirements of
42 U.S.C. 6293(b)(3)) or publish notice
in the Federal Register of any
determination not to amend a test
procedure. (42 U.S.C. 6293(b)(1)(A))
Under this requirement, DOE must
review the test procedures for the
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various types of direct heating
equipment and pool heaters not later
than December 19, 2014 (i.e., 7 years
after the enactment of EISA 2007). The
final rule resulting from this rulemaking
will satisfy this requirement.
There are separate test procedures for
the two types of direct heating
equipment (i.e., vented home heating
equipment and unvented home heating
equipment), specifically 10 CFR
430.23(g) and 10 CFR part 430, subpart
B, appendix G for unvented home
heating equipment (‘‘unvented heater’’);
and 10 CFR 430.23(o) and 10 CFR part
430, subpart B, appendix O for vented
home heating equipment (‘‘vented
heater’’). The vented heater test
procedures include provisions for
determining energy efficiency (annual
fuel utilization efficiency (AFUE)), as
well as annual energy consumption.
Unvented heaters are broken into two
groups: those used as the primary
heating source for the home and those
not used for this purpose. There are no
provisions for calculating either the
energy efficiency or annual energy
consumption of unvented heaters that
are not used as the primary heating
source for the home. For unvented
heaters that are used as the primary
heating source for the home, there is a
calculation of annual energy
consumption based on a single
assignment of active mode hours; there
is no provision for calculation of energy
efficiency.
DOE’s test procedures for pool heaters
are found at 10 CFR 430.23(p) and 10
CFR part 430, subpart B, appendix P.
The test procedures include provisions
for determining two energy efficiency
descriptors (i.e., thermal efficiency and
integrated thermal efficiency), as well as
annual energy consumption.
In addition to the test procedure
review provision discussed above, EISA
2007 also amended EPCA to require
DOE to amend its test procedures for all
covered products to include
measurement of standby mode and off
mode energy consumption. (42 U.S.C.
6295(gg)(2)(A)) DOE recently completed
a rulemaking to consider amending its
test procedures for direct heating
equipment and pool heaters to include
provisions for measuring the standby
mode and off mode energy consumption
of those products. DOE published a
notice of proposed rulemaking (NOPR)
in the Federal Register on August 30,
2010, which proposes amendments to
the DOE test procedures for heating
products to account for the standby
mode and off mode energy consumption
of these products, as required under
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EPCA.3 75 FR 52892. DOE published a
supplemental notice of proposed
rulemaking (SNOPR) in the Federal
Register on September 13, 2011, which
calls for the use of the second edition of
International Electrotechnical
Commission (IEC) Standard 62301,
‘‘Household Electrical Appliances—
Measurement of standby power,’’ in lieu
of the first edition and also provides
guidance on rounding and sampling. 76
FR 56347. DOE published a final rule
adopting standby mode and off mode
provisions for heating products in the
Federal Register on December 17, 2012.
77 FR 74559. That rulemaking was
limited to test procedure amendments to
address standby mode and off mode
requirements; it did not address several
other potential issues in DOE’s existing
test procedures for the covered
products. DOE addresses these nonstandby/off mode issues separately in
today’s NOPR.
On October 12, 2011, DOE published
in the Federal Register a request for
information (RFI) that identified and
requested comment on a number of
issues regarding the test procedures for
direct heating equipment and pool
heaters. 76 FR 63211.4 DOE accepted
comments and information on the
October 2011 RFI until November 28,
2011 and considered all feedback
received when developing the proposals
contained in this notice of proposed
rulemaking. Each of the issues raised in
the October 2011 RFI are discussed in
detail in section III, along with
comments received on the issues and
DOE’s responses. In addition, several
topics not addressed in the October
2011 RFI, but brought up by interested
parties in their comments, are discussed
in section III of this NOPR.
II. Summary of the Notice of Proposed
Rulemaking
In this NOPR, DOE proposes to
modify the current test procedures for
direct heating equipment and pool
heaters. For direct heating equipment,
the proposed amendments would add
provisions for testing vented home
heating equipment that utilizes
condensing technology, and update all
references in the existing test procedure.
3 For more information, please visit DOE’s Web
site at: https://www1.eere.energy.gov/buildings/
appliance_standards/residential/waterheaters.html.
4 The October 2011 RFI also requested
information on the need to amend the test
procedures for residential water heaters. However,
because the American Energy Manufacturing and
Technical Corrections Act amended EPCA to
require that DOE develop a uniform efficiency
descriptor for residential and commercial water
heaters (42 U.S.C. 6295(e)(5)), DOE is addressing
test procedure updates for that product in a separate
rulemaking.
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For pool heaters, the proposed
amendments would incorporate by
reference ANSI/Air-conditioning,
Heating, and Refrigeration Institute
(AHRI) Standard 1160–2009,
‘‘Performance Rating of Heat Pump Pool
Heaters,’’ and ANSI/American Society
of Heating, Refrigerating, and Airconditioning Engineers (ASHRAE)
Standard 146–2011, ‘‘Method of Testing
and Rating Pool Heaters,’’ to establish
testing procedures for electric
(including heat pump) pool heaters. The
proposed amendments for pool heaters
would also clarify the test procedure’s
applicability to gas-fired and oil-fired
pool heaters. The following paragraphs
summarize these proposed changes for
both product types.
For direct heating equipment, DOE
proposes in today’s NOPR to
incorporate by reference the following
six current industry standards to replace
the outdated standards referenced in the
existing DOE test procedure: (1) ANSI/
ASHRAE 103–2007, ‘‘Method of Test for
Annual Fuel Utilization Efficiency of
Residential Central Furnaces and
Boilers’’; (2) ANSI Z21.86–2008, ‘‘GasFired Space Heating Appliances’’; (3)
ASTM D2156–09, ‘‘Standard Test
Method for Smoke Density in Flue
Gases from Burning Distillate Fuels’’; (4)
UL 729–2003, ‘‘Standard for Safety for
Oil-Fired Floor Furnaces’’; (5) UL 730–
2003, ‘‘Standard for Safety for Oil-Fired
Wall Furnaces’’; and (6) UL 896–1993,
‘‘Standard for Safety for Oil-Burning
Stoves.’’ DOE also proposes to establish
a test method to determine the annual
fuel utilization efficiency of vented
home heating products that use
condensing technology. Lastly, DOE
proposes to reduce the test burden for
floor furnaces by allowing a default
assigned value for jacket loss in lieu of
testing.
For pool heaters, DOE clarifies in
today’s NOPR the applicability of the
test method for oil-fired products. DOE
also proposes to adopt new provisions
for testing electric pool heaters,
including heat pump pool heaters. DOE
proposes that electric pool heaters be
tested in accordance with ASHRAE
Standard 146–2011, and that heat pump
pool heaters be tested using the test
method prescribed in AHRI 1160–2009
with an accompanying conversion of the
Coefficient of Performance metric used
in that standard to thermal efficiency as
required by EPCA. (42 U.S.C.
6291(22)(E))
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
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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)) For
both direct heating equipment and pool
heaters, DOE has tentatively determined
that the proposed test procedure
amendments would have a de minimis
impact on the products’ measured
efficiency. A full discussion of the
rationale for this tentative conclusion is
provided in section III.C below.
III. Discussion
In response to the October 2011 RFI,
DOE received eight written comments
related to two covered products, direct
heating equipment (DHE) and pool
heaters, from the following interested
parties: American Council for an
Energy-Efficient Economy (ACEEE),
American Gas Association (AGA), AirConditioning, Heating, and Refrigeration
Institute (AHRI), Empire Stove, Hearth &
Home Technologies (HHT), National
Propane Gas Association (NPGA),
Hearth, Patio & Barbecue Association
(HPBA), and Miles Industries Ltd.
(Miles Industries). These interested
parties commented on a range of issues,
including those DOE identified in the
October 2011 RFI, as well as several
other pertinent issues. The issues on
which DOE received comment, DOE’s
responses to those comments, and the
proposed changes to the test procedures
for direct heating equipment and pool
heaters resulting from those comments
are discussed in the subsections
immediately below.
DOE notes that, because of a recent
decision of the U.S. Court of Appeals for
the District of Columbia (DC Circuit),
DOE is not addressing the comments
relating to the application of the test
procedure to vented hearth heaters. On
February 8, 2013, the DC Circuit issued
a decision vacating the DOE definition
of ‘‘Vented hearth heater’’ at 10 CFR
430.2, and remanded the issue to DOE
to interpret the challenged provisions
consistent with the court’s opinion.
Hearth, Patio & Barbecue Association v.
U.S. Department of Energy, 706 F.3d
499, 509 (D.C. Cir. 2013). DOE will
address the comments received on the
October 2011 RFI regarding the
application of the DHE test procedures
to vented hearth heaters in a separate
rulemaking devoted to those products.
A. Test Procedure for Direct Heating
Equipment
In response to the October 2011 RFI,
DOE received comments from eight
interested parties, all of which
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addressed the DOE test procedures for
direct heating equipment. (AGA, AHRI,
Miles Industries, HPBA, Empire Stove,
HHT, ACEEE, and NPGA) Generally, the
comments were supportive of DOE’s
efforts to update, improve, and clarify
its test procedures for DHE. The
comments focused on two key issues:
(1) Clarification of the test procedures as
applied to vented hearth heating
products; and (2) the expansion of the
test procedures to accommodate DHE
with condensing technology. Regarding
the first issue, as noted above, DOE will
address comments related to vented
hearth heaters in a later rulemaking.
Regarding the second issue, as part of
DOE’s overall review of test procedures,
these proposed DHE amendments
include a complete updating of
references to industry standards used in
the DHE test procedures and
modifications to the test procedures for
jacket loss measurement.
1. Vented Home Heating Equipment
Employing Condensing Technology
DOE received comments on the
October 2011 RFI that encouraged DOE
to develop and adopt new test
procedure provisions to properly
measure the efficiency of gas-fired direct
heating equipment designed to operate
using condensing technology. (Empire,
No. 7 at p. 1; AHRI, No. 12 at p. 3;
HPBA, No. 26 at p. 1)
Condensing technology is a design
strategy that increases the efficiency of
a heating appliance by extracting
additional thermal energy from the flue
gases, thereby reducing the flue gas
temperatures and air flow such that the
water vapor created in the combustion
process becomes a liquid condensate.
Normally, in non-condensing systems,
the water vapor created in the
combustion process remains as a vapor
and is removed through the flue system
along with the other products of
combustion. However, in condensing
systems, the condensing of the water
vapor is a result of the reduction in the
overall flue energy loss of the flue gas
(i.e., an energy efficiency improvement).
The test procedures for furnaces and
boilers have provisions to account for
the increased efficiency of models that
utilize condensing technology.
However, no such provisions are
included in the existing test procedures
for vented heaters.
Today’s proposed amendments would
account for the increased efficiency of
vented direct heating equipment
utilizing condensing technology. The
proposed amendments are similar to
those found in DOE’s furnace and boiler
test procedures (10 CFR Part 430,
Subpart B, Appendix N), with
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differences and clarifications
appropriate for the vented direct heating
equipment product type. More
specifically, the additional provisions
proposed for vented heaters are
essentially the same as those contained
in the latest version of the ANSI/
ASHRAE Standard 103–2007, ‘‘Method
of Testing for Annual Fuel Utilization
Efficiency of Residential Central
Furnaces and Boilers.’’ DOE is
proposing that ANSI/ASHRAE 103–
2007 be incorporated by reference into
these test procedures by this NOPR for
purposes of certain other AFUE test
provisions. However, because of the
numerous clarifications and
modifications needed to apply the
condensing technology provisions of the
industry standard for furnaces and
boilers to vented heaters, DOE proposes
incorporating the condensing
procedures as stand-alone amendments
to DOE’s vented heater test procedure,
rather than incorporating by reference
select provisions of ANSI/ASHRAE
Standard 103–2007.
Basically, the proposed amendments
for vented heaters with condensing
technology would utilize a condensate
collection methodology that requires a
separate test to be run to quantify
directly the extent of the efficiency
credit appropriate for a given vented
heater’s particular design of condensing
technology. This methodology requires
direct collection of liquid condensate.
For vented heaters employing
condensing technology that are not
designed to collect and dispose of liquid
condensate, the amendments clarify that
such means must be provided during
testing. The duration of the condensate
collection test time would be 30
minutes for steady-state testing and 1–
2 hours for cyclic testing.
DOE is interested in receiving
comment on the adequacy of the
proposed provisions for determining the
efficiency improvement associated with
vented heaters that utilize condensing
technology. DOE is also interested in
any further clarifications or
modifications that might be necessary.
This is identified as issue 1 in section
V.E, ‘‘Issues on Which DOE Seeks
Comment.’’
2. Updating of Industry Reference
Standards
The October 2011 RFI sought
comment on other relevant issues that
would affect the test procedures for
direct heating equipment (both vented
type and unvented type). 76 FR 63211,
63215 (Oct. 12, 2011). Interested parties
were encouraged to provide comments
on any aspect of the test procedure,
including updates to referenced
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standards, as part of this comprehensive
7-year-review rulemaking.
AGA commented that the existing test
procedure for direct heating equipment
cites installation requirements from
ANSI standards for vented wall furnaces
and vented floor furnaces but does not
reference the applicable ANSI standard
for vented room heaters. (AGA, No. 13
at pp. 2–3) Accordingly, AGA
recommended that DOE revise section
2.1.3 of the DOE test procedure in order
to provide complete installation
requirements for testing of vented room
heaters based on the applicable ANSI
design certification standards, which
AGA identified as ANSI Z21.11, ‘‘Gas
Fired Room Heaters.’’
In addition to addressing this
referencing concern pointed out by
AGA, DOE is taking this opportunity to
fully review all the referenced standards
in the DHE test procedure as part of this
7-year review process. The following is
a list of the shorthand titles and full
titles of all the referenced standards
currently used and proposed for use in
the DHE test procedure.
Standards Currently Used in Existing
Test Procedures for DHE:
‘‘ANSI Standard Z21.11.1–1974’’
means the American National Standard
for Gas-Fired Room Heaters.
‘‘ANSI Standard Z21.44–1973’’ means
the American National Standard for
Gas-Fired Gravity and Fan Type Direct
Vent Wall Furnaces.
‘‘ANSI Standard Z21.48–1976’’ means
the American National Standard for
Gas-Fired Gravity and Fan Type Floor
Furnaces.
‘‘ANSI Standard Z21.49–1975’’ means
the American National Standard for
Gas-Fired Gravity and Fan Type Vented
Wall Furnaces.
‘‘ANSI Standard Z91.1–1972’’ means
the American National Standard for
Performance Standards for Oil-Powered
Central Furnaces.
‘‘ANSI Standard Z11.182–1965
(R1971) (ASTM D 2156–65 (1970))’’
means the standard published by the
American Society of Testing and
Materials titled, ‘‘Standard Test Method
for Smoke Density in Flue Gases from
Burning Distillate Fuels.’’
‘‘UL 729–1976’’ means the
Underwriters Laboratories standard for
Oil-Fired Floor Furnaces.
‘‘UL 730–1974’’ means the
Underwriters Laboratories standard for
Oil-Fired Wall Furnaces.
‘‘UL 896–1973’’ means the
Underwriters Laboratories standard for
Oil-Burning Stoves.
Standards Proposed for Use in the
Test Procedures for DHE:
‘‘ANSI/ASHRAE 103–2007’’ means
the test standard published by the
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American Society of Heating,
Refrigerating, and Air-Conditioning
Engineers titled, ‘‘Method of Test for
Annual Fuel Utilization Efficiency of
Residential Central Furnaces and
Boilers.’’
‘‘ANSI Z21.86–2008’’ means the
standard published by the American
National Standards Institute titled,
‘‘Vented Gas-Fired Space Heating
Appliances.’’
‘‘ASTM D2156–09’’ means the
standard published by the American
Society of Testing and Materials titled,
‘‘Standard Test Method for Smoke
Density in Flue Gases from Burning
Distillate Fuels.’’
‘‘UL 729–2003’’ means the test
standard published by the Underwriters
Laboratory, Inc. titled, ‘‘Standard for
Safety for Oil-Fired Floor Furnaces.’’
‘‘UL 730–2003’’ means the test
standard published by the Underwriters
Laboratory, Inc. titled, ‘‘Standard for
Safety for Oil-Fired Wall Furnaces.’’
‘‘UL 896–1993’’ means the test
standard published by the Underwriters
Laboratory, Inc. titled, ‘‘Standard for
Safety for Oil-Burning Stoves.’’
As a result of the full review, DOE
proposes a number of changes. In most
cases, the proposed changes reflect the
updating of the specific references to the
most current version. This updating
allows for new users of the test
procedures to execute the DOE test
procedures without depending on
outdated standards which may be
difficult to obtain. In some cases, the
updated reference bundles several of the
current references under a new title.
This is the case where the current
separate ANSI standards for wall
furnaces, floor furnaces, and room
heaters have been combined into a
single standard for these three types of
vented heaters. This new standard is
titled, ‘‘Vented Gas-Fired Space Heating
Appliances’’ referred to as ‘‘ANSI
Z21.86–2008’’ in the proposed
amendments. ANSI Z21.86–2008 is
proposed for purposes of specifying the
testing procedures related to circulation
air, section 2.5, and location of
temperature measuring instrumentation,
section 2.6.1. In addition, DOE is
proposing to use ANSI Z21.86–2008 to
specify the installation instructions for
direct vent (section 6.1.3 and figure 6)
and non-direct vent (section 8.1.3 and
figure 7 or figure 10) wall furnaces.
However, since ANSI Z21.86–2008 does
not include installation specifications
for vented room heaters and vented
floor furnaces, the installation
specifications of the corresponding UL
standard for that product type would be
used. Although the UL standards
typically are used for oil-fired
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equipment and the ANSI standards
typically are used for gas-fired
equipment, in the existing DOE test
procedure, where there is no distinction
between installation provisions, the UL
standards are cited in application to
both gas and oil vented heaters (i.e.,
section 2.1.2). As there are no
installation specifications available in
ANSI Z21.86–2008 for vented room
heaters and vented floor furnaces, DOE
tentatively proposes to follow this
approach and use the corresponding UL
standards for installation provisions.
Finally, in three places (sections 2.3
Fuel supply, 2.4 Burner adjustments,
and 3.2 Jacket loss), DOE proposes to
use a new reference thought to be more
appropriate for these test procedures.
Specifically, ANSI/ASHRAE Standard
103–2007, ‘‘Method of Testing for
Annual Fuel Utilization Efficiency of
Residential Furnaces and Boilers,’’ is
proposed for use in lieu of three older
standards referenced in these three
sections of the existing DOE test
procedure. DOE believes this migration
to ANSI/ASHRAE Standard 103 is
appropriate because it is essentially the
same test method used in the current
DHE test procedure (i.e., the AFUE test
method) and incorporates the latest
industry consensus on such testing
without the need to depend on other
references. DOE tentatively concludes
that these changes and updates would
neither result in any material
differences in test results nor increase
the test procedure burden.
DOE proposes to list all of the
referenced industry standards in 10 CFR
430.3, Materials incorporated by
reference. As explained above, DOE
tentatively concludes that these
incorporation by reference changes and
updates would neither result in any
material differences in the test results
nor increase test procedure burden. DOE
solicits comment on this tentative
conclusion, as well as the adequacy of
the proposed updating of referenced
standards. DOE is also interested in any
further clarification or modifications
that may be necessary. This is identified
as issue 2 in section V.E, ‘‘Issues on
Which DOE Seeks Comment.’’
3. Other Issues
As part of its review of the existing
test procedures, DOE identified three
additional test procedure issues that it
believes should be addressed in this
rulemaking: (1) The jacket loss test for
floor furnaces; (2) testing of manually
controlled vented heaters; and (3)
clarification of section 3.3 tracer gas
procedures as applied to vented heaters
without thermal stack dampers.
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First, DOE noticed that the jacket loss
measurement test, which is required for
all vented floor furnaces by section 3.2
of the existing DOE test procedure, is
inconsistent as compared to the similar
procedures required for outdoorinstalled (weatherized) furnaces and
boilers. The current jacket loss test for
DHE uses the procedures from outdated
ANSI Standard Z21.48–1975. (As
mentioned above in the discussion
about updating references, the newly
proposed industry reference for jacket
loss testing is ANSI/ASHRAE Standard
103–2007). The jacket loss test in ANSI
Standard Z21.48–1975, as well as the
essentially identical provisions of ANSI/
ASHRAE Standard 103–2007, represent
a considerable test burden. In view of
this burden, the DOE test procedures for
furnaces and boilers, through the
referencing of ANSI/ASHRAE Standard
103–1993, allow for an assignment of
jacket loss in lieu of testing. The
assigned jacket loss value of 1 percent
for furnaces and boilers is thought to be
a reasonably conservative value (i.e.,
one that typically would be higher than
the tested value). This allows for the
manufacturer to weigh the burden of
jacket loss testing against the likely
conservative rating associated with a
default value. This conservative default
value approach is used throughout the
DOE test procedures where appropriate
(e.g., cyclic degradation coefficient
assignment for central air conditioners,
jacket loss assignment for furnaces and
boilers). In consideration of the test
burden associated with the jacket loss
test and the desire for consistency
across the test procedures, DOE has
tentatively concluded that
manufacturers should be allowed the
choice either to conduct actual jacket
loss testing or to accept a reasonably
conservative default value under the
DHE test procedure. Accordingly, DOE
is proposing that section 3.2, Jacket loss
measurement, be amended to include
the option of assigning the value of one
percent for the jacket loss in lieu of
testing.
DOE solicits comment on adding this
allowance and the appropriateness of
the assigned value of 1 percent. This is
identified as issue 3 in section V.E,
‘‘Issues on Which DOE Seeks
Comment.’’
A second issue that was identified
during DOE’s review is the lack of an
equation in the calculation procedures
for manually controlled vented heaters.
Specifically, section 4.2.4 Weightedaverage steady-state efficiency, does not
have a defining equation, so DOE is
proposing an amendment to remedy this
oversight, a matter of particular
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importance in terms of capturing latent
heat loss.
The final issue identified in DOE’s
review was the need to clarify the
application of the tracer gas procedures
in section 3.3 for units not employing a
thermal stack damper. To explain, it is
noted that section 3.3 and 4.3 outlines
a testing and calculation procedure that
must be used to evaluate the efficiency
of vented heaters employing a thermal
stack damper. In the calculation section
4.3 it is noted that all vented heaters
may use this procedure as an option.
Although this option is clearly stated in
the calculation section and no
modification to the calculations are
necessary, some clarification is felt
necessary in the actual testing
provisions of section 3.3 to
accommodate vented heaters not
employing thermal stack dampers. For
example the location of tracer gas
introduction is not fully explained in
the existing procedures for vented
heaters not employing a thermal stack
damper.
Finally, DOE proposes to correct
typographical errors regarding the
equation in section 4.3.6 of appendix O.
Specifically, DOE is proposing to add a
missing minus (‘‘¥’’) sign and replace a
plus (‘‘+’’) sign with a multiplication
symbol (‘‘×’’). These errors are obviously
typographical in nature because similar
efficiency equations in other parts of the
test procedures, as well as those used in
industry standards, do not include these
errors. The relevant industry groups
have determined the correct format of
this equation since its adoption and
have been utilizing the correct format
when testing and rating product
efficiency. DOE is interested in
receiving comment on any other
corrections that might be needed in this
review of the DHE test procedures.
B. Test Procedure for Pool Heaters
1. Electric Pool Heaters
DOE’s test procedures for pool heaters
are found at 10 CFR 430.23(p) and 10
CFR part 430, subpart B, appendix P. In
its definition of ‘‘efficiency descriptor,’’
EPCA specifies that for pool heaters, the
efficiency descriptor shall be ‘‘thermal
efficiency.’’ (42 U.S.C. 6291(22)(E))
Further, EPCA defines the ‘‘thermal
efficiency of pool heaters’’ as the
‘‘measure of the heat in the water
delivered at the heater outlet divided by
the heat input of the pool heater as
measured under test conditions
specified in section 2.8.1 of the
American National Standard for Gas
Fired Pool Heaters, Z21.56–1986, or as
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63415
may be prescribed by the Secretary.’’ 5
(42 U.S.C. 6291(26)) Current energy
conservation standards for pool heaters
do not account for standby mode and off
mode energy use.
As part of a recent test procedure
rulemaking, DOE prescribed a new
efficiency metric for pool heaters, titled
‘‘integrated thermal efficiency.’’ 77 FR
74559 (Dec. 17, 2012).6 This prescribed
integrated thermal efficiency metric
builds on the existing thermal efficiency
metric to include electrical energy
consumption during standby mode and
off mode operation, as required by EISA
2007. (42 U.S C. 6295(gg)(2)(A)) The
amended test procedure was effective 30
days after publication of the final rule.
Until such time as compliance is
required with amended energy
conservation standards that account for
standby mode and off mode energy
consumption, manufacturers must
continue using the thermal efficiency
metric for certification and compliance
purposes. However, if manufacturers
choose to make written statements
regarding standby mode and off mode
energy efficiency, those representations
must be based on the amended test
procedure as of June 17, 2013, 180 days
after the date of publication of the test
procedure final rule.
Because certain types of pool heaters
are powered by energy sources other
than gas, DOE requested comments in
the October 2011 RFI regarding the
appropriateness of the currently
incorporated ANSI Z21.56 test method,
titled ‘‘Gas-Fired Pool Heaters,’’ for
testing pool heaters that operate with
electricity (including heat pump pool
heaters) or oil. 76 FR 63211, 63215–16
(Oct. 12, 2011). In the October 2011 RFI,
DOE tentatively concluded that the test
procedure for pool heaters at 10 CFR
part 430, subpart B, appendix P already
contains provisions to allow the ANSI
Z21.56 test method to be applied to oilfired pool heaters, and, therefore, no
further action is necessary for those
products. DOE received no comments
that were contrary to this conclusion.
In a December 2009 NOPR for energy
conservation standards for heating
products, DOE concluded that, as
currently drafted, the DOE test
procedure for pool heaters is not
suitable for measuring energy efficiency
for electric pool heaters (including heat
pump pool heaters). 74 FR 65852,
65866–67 (Dec. 11, 2009). In the October
2011 RFI, DOE noted that for electric
pool heaters (including those units
5 In an August 2010 NOPR, DOE proposed to use
the most recent version of this standard, ANZI
Z21.56–2006. 75 FR 52892, 52899–901 (August 30,
2010).
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using heat pump technology), the fuel
source is electricity (measured in watts)
instead of gas (measured in Btu/h), but
‘‘thermal efficiency,’’ as required under
EPCA and determined using ANSI
Z21.56, is a measure of heat delivered
to the water at the heater outlet (in Btu/
h) divided by the heat input (in Btu/h)
of the fuel. 76 FR 63211, 63215–16 (Oct.
12, 2011). It is technically feasible to
develop an integrated thermal efficiency
rating for a heat pump pool heater by
converting the power input in watts to
the input in Btu/h (which can be done
for both the power used during active
mode and during standby mode and off
mode). However, if such an integrated
thermal efficiency metric were applied
to heat pump pool heaters, DOE noted
that the numerical result would be
efficiency ratings of over 100 percent,
which may necessitate some
reeducation among consumers because
heat pumps are typically rated using
industry standards for Coefficient of
Performance (COP). In contrast, electric
pool heaters that operate with resistance
heating (as opposed to heat pump
technology), are typically rated with a
thermal efficiency metric. Consequently,
DOE noted in the October 2011 RFI that
the ratings for electric pool heaters
using these two competing technologies
are not always directly comparable. Id.
at 63215. Another consideration for heat
pump pool heaters is that performance
depends upon the ambient temperature
and humidity, so environmental
conditions for testing are much more
important for heat pump pool heaters
than for gas-fired pool heaters.
Because of these factors, DOE’s
October 2011 RFI requested comment
on the potential to update the pool
heater test procedures by adding
provisions to address electric heat pump
pool heaters through use of a COP
metric drawn from industry standards,
coupled with a separate conversion to
thermal efficiency (i.e., the regulating
metric specified in EPCA) and
integrated thermal efficiency (i.e., the
new regulating metric incorporating
standby mode and off mode energy
consumption as required by EISA 2007).
Id. at 63216.
On this topic, DOE received
comments from AHRI and ACEEE that
supported the expansion of the test
method to include electric pool heaters.
AHRI further commented that DOE
should not integrate the standby mode
and off mode energy consumption into
an integrated thermal efficiency metric.
(AHRI, No. 12 at p. 3; ACEEE, No. 24
at p. 4)
After carefully considering these
public comments, DOE is proposing to
add test methods that are applicable to
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heat pump pool heaters and electric
resistance pool heaters. DOE proposes to
amend its pool heater test procedure by
adding a proposed test method for heat
pump pool heaters that would reference
ANSI/AHRI Standard 1160–2009,
‘‘Performance Rating of Heat Pump Pool
Heaters,’’ and ANSI/ASHRAE Standard
146–2011, ‘‘Method of Testing and
Rating Pool Heaters.’’ Additionally, DOE
proposes to amend its pool heater test
procedure by adding a proposed test
method for electric resistance pool
heaters that references ANSI/ASHRAE
Standard 146–2011, ‘‘Method of Testing
and Rating Pool Heaters.’’ DOE has
tentatively concluded that incorporation
of these industry test standards is
appropriate, because they represent
current best practices for these pool
heater products.
Because the statute requires use of an
integrated metric where technically
feasible (as is the case here), DOE
proposes to maintain the integrated
thermal efficiency metric in the test
procedure, as set forth in the final rule
published on December 17, 2012. 77 FR
74559. Once DOE arrives at the thermal
efficiency value for electric pool heaters,
that value will feed into the integrated
thermal efficiency calculation, which is
applicable for all types of pool heaters.
Although DOE may prescribe
amended test procedures in the final
rule, manufacturers are not required to
certify compliance for electric heat
pump and electric resistance pool
heaters until such time as DOE sets
minimum energy conservation
standards for those products (which will
include energy consumption in active,
standby, and off modes). Prior to DOE
setting minimum energy conservation
standards for electric heat pump and
electric resistance pool heaters, any
representations as to the energy
efficiency or energy use of those
products must be based on the amended
test procedure within 180 days after the
effective date of the test procedure final
rule. Manufacturers of heat pump pool
heaters would be able to use the COP
metric, the integrated thermal efficiency
metric, or both for making efficiency
representations until an energy
conservation standard is set.
EPCA requires the use of the
integrated thermal efficiency metric for
all pool heaters, including electric
resistance and heat pump pool heaters,
upon the compliance date for new
energy conservation standards.
Therefore, if DOE were to set energy
conservation standards for heat pump
pool heaters and electric resistance pool
heaters, manufacturers would then be
required to rate their products using the
integrated thermal efficiency metric,
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although manufacturers of heat pump
pool heaters would still have the option
of making supplemental representations
of efficiency using the COP metric. DOE
is proposing to include an approach to
determine the integrated thermal
efficiency based on a COP value for heat
pump pool heaters.
2. Other Issues
In addition to the changes for electric
pool heaters described in the previous
section, DOE is also clarifying that the
DOE test procedure is applicable to oilfired pool heaters, despite the
incorporation of a test method titled
‘‘Gas-Fired Pool Heaters.’’ Section 4.1.1
of that test method contains a provision
to compute the energy used when oil is
the fuel, as opposed to natural gas.
DOE also seeks comments on other
relevant issues that would affect the test
procedures for pool heaters. Although
DOE has attempted to identify those
portions of the test procedure where it
believes amendments may be warranted,
interested parties are welcome to
provide comments on any aspect of the
test procedure as part of this
comprehensive 7-year-review
rulemaking.
C. Compliance With Other EPCA
Requirements
As mentioned in the summary at
section II above, in amending a test
procedure, EPCA directs DOE to
determine to what extent, if any, the test
procedure would alter the measured
energy efficiency or measured energy
use of a covered product. (42 U.S.C.
6293(e)(1)) If the amended test
procedure alters the measured energy
efficiency or measured energy use, the
Secretary must amend the applicable
energy conservation standard
accordingly. (42 U.S.C. 6293(e)(2)) The
current energy conservation standards
for direct heating equipment and pool
heaters are based on existing test
procedure efficiency metrics—AFUE
and thermal efficiency (Et), respectively.
The proposed test procedure
amendments for DHE generally do not
contain changes that would materially
alter the measured energy efficiency of
equipment. Rather, most of the
proposed changes represent
clarifications that would improve the
uniform application of the test
procedures for certain product types.
Any change in the reported efficiency
that might be associated with these
clarifications is tentatively expected to
be de minimis.
Consistent with 42 U.S.C. 6293(c), any
representations of energy consumption
of vented heaters must be based on any
final amended test procedures 180 days
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after the publication of the test
procedure final rule. Until that time,
manufacturers may make such
representations based either on the final
amended test procedures or on the
previous test procedures, set forth at 10
CFR part 430, subpart B, appendix O as
contained in the 10 CFR parts 200 to
499 edition revised as of January 1,
2013. Consistent with 42 U.S.C. 6291
(8), representations of energy
consumption means measures of energy
use (including for this product, active
mode, standby mode, and off mode
energy use), annual operating cost,
energy efficiency (including for this
product, Annual Fuel Utilization
Efficiency (AFUE)), or other measure of
energy consumption. DOE notes that
manufacturers must use the same test
procedure for both representations of
energy efficiency and certifications of
compliance.
Today’s proposal does not include
any changes to the current standby
mode and off mode testing procedures
and calculations as established in the
December 2012 final rule. 77 FR 74559
(Dec. 17, 2012). Although fossil fuel
standby mode and off mode energy
consumption were already captured in
the existing AFUE metric, the December
2012 final rule required manufacturers
to use the new test procedures for
determining electrical standby mode
and off mode energy consumption in
Appendix O beginning on June 17,
2013. Certifications of compliance with
the electrical standby mode and off
mode energy consumption standards are
not required until the compliance date
of DOE standards that include electrical
standby mode and off mode energy
consumption.
The proposed test procedure
amendments for pool heaters would not
alter the measured efficiency of
equipment covered by the existing test
procedure. However, it would provide a
new method of test for electric
resistance and heat pump pool heaters,
which are not currently subject to
energy conservation standards by DOE.
Therefore, DOE has tentatively
concluded that there is no need to
address the impact of these amendments
on current energy conservation
standards for pool heaters.
Consistent with 42 U.S.C. 6293(c), any
representations of energy consumption
of pool heaters must be based on any
final amended procedures and
calculations in appendix P starting 180
days after the publication of any final
amended test procedures. Until that
time, manufacturers of gas-fired and oilfired pool heaters may make such
representations based either on the final
amended test procedures or on the
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previous test procedures, set forth at 10
CFR part 430, subpart B, appendix P as
contained in the 10 CFR parts 200 to
499 edition revised as of January 1,
2013. Consistent with 42 U.S.C. 6291
(8), representations of energy
consumption means measures of energy
use (including for this product, active
mode, standby mode, and off mode
energy use), annual operating cost,
energy efficiency (including for this
product, thermal efficiency (Et), or
integrated thermal efficiency (TEI)), or
other measure of energy consumption.
Again, DOE notes that manufacturers
must use the same test procedure for
both representations of energy efficiency
and certifications of compliance.
There are currently no energy
conservation standards for electric
resistance pool heaters, heat pump pool
heaters, or oil-fired pool heaters. Upon
the compliance date of any final energy
conservation standards for these types
of pool heaters, use of any final test
procedures in appendix P will be
required to demonstrate compliance.
There are also currently no energy
conservation standards for the standby
mode and off mode energy use of gasfired pool heaters. Upon the compliance
date of any energy conservation
standards that incorporate standby
mode and off mode energy consumption
for gas-fired pool heaters (i.e., for this
product, a standard expressed as
integrated thermal efficiency (TEI)), use
of any final test procedures in appendix
P will be required to demonstrate
compliance.
IV. Procedural Issues and Regulatory
Review
A. Administrative Procedure Act
DOE expects that any final rule in this
proceeding would be effective 30 days
after the date of publication of that final
rule.
B. Review Under Executive Order 12866
The Office of Management and Budget
has determined that test procedure
rulemakings do not constitute
‘‘significant regulatory actions’’ 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 the Executive Order by the
Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB).
C. 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
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63417
Fairness Act of 1996) requires
preparation of an initial regulatory
flexibility analysis (IFRA) for any rule
that by law must be proposed for public
comment and a final regulatory
flexibility analysis (FRFA) for any such
rule that an agency adopts as a final
rule, 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: www.gc.doe.gov/
gc/office-general-counsel.
Today’s proposed rule would
prescribe test procedure amendments
that would be used to determine
compliance with energy conservation
standards for direct heating equipment
and pool heaters. For direct heating
equipment, the proposed amendments
would add provisions for testing vented
home heating equipment that utilizes
condensing technology, and incorporate
by reference the most appropriate or
recent versions of several industry
standards referenced in the DOE test
procedure for the purposes of test set-up
and installation specifications. For pool
heaters, the proposed amendments
would incorporate by reference ANSI/
AHRI Standard 1160–2009 and ANSI/
ASHRAE Standard 146–2011 to
establish testing procedures for electric
(including heat pump) pool heaters. The
proposed amendments for pool heaters
would also clarify the test procedure’s
applicability to oil-fired pool heaters.
DOE reviewed today’s proposed rule
under the provisions of the Regulatory
Flexibility Act and the policies and
procedures published on February 19,
2003. 68 FR 7990.
1. Reasons for, Objectives of, and Legal
Basis for the Proposed Rule
The reasons for, objectives of, and
legal basis for the proposed rule are
stated elsewhere in the preamble and
are not repeated here.
2. Description and Estimated Number of
Small Entities Regulated
For the manufacturers of the covered
products, the Small Business
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Administration (SBA) has set a size
threshold, which defines those entities
classified as ‘‘small businesses’’ for the
purposes of the statute. DOE used the
SBA’s small business size standards to
determine whether any small entities
would be subject to the requirements of
the rule. 65 FR 30836, 30848–49 (May
15, 2000), as amended at 65 FR 53533,
53544–45 (Sept. 5, 2000) and codified at
13 CFR part 121. The size standards are
listed by North American Industry
Classification System (NAICS) code and
industry description and are available at
https://www.sba.gov/idc/groups/public/
documents/sba_homepage/serv_sstd_
tablepdf.pdf. DHE and pool heater
manufacturing are classified under
NAICS 333414—‘‘Heating Equipment
(except Warm Air Furnaces)
Manufacturing.’’ The SBA sets a
threshold of 500 employees or less for
an entity to be considered as a small
business for both of these categories.7
To estimate the number of companies
that could be small business
manufacturers of products covered by
this rulemaking, DOE conducted a
market survey using available public
information to identify potential small
manufacturers. DOE’s research involved
reviewing several industry trade
association membership directories
(e.g., AHRI 8), product databases (e.g.,
AHRI 9 and CEC 10 databases),
individual company Web sites, and
marketing research tools (e.g.,
Hoovers 11 reports) to create a list of all
domestic small business manufacturers
of heating products covered by this
rulemaking. DOE has identified 2
manufacturers of vented DHE and 5
manufacturers of pool heaters
(including heat pump pool heater
manufacturers) that can be considered
small businesses. DOE did not count
manufacturers of vented hearth heaters
because, as noted previously, the
definition of ‘‘vented hearth heater’’ was
remanded to DOE for further
consideration by the D.C. Circuit Court.
DOE plans to conduct a separate
rulemaking that would clarify the
standards and test procedures for vented
hearth products, and as a result, DOE
will assess impacts on small business
7 In the December 2009 NOPR, DOE mistakenly
listed gas-fired pool heater manufacturing under
NAICS code 335228. 74 FR 65852, 65984 (Dec. 11,
2009). The correct classification for pool heater
manufacturing is NAICS 333414. Both NAICS
categories have the same 500 employee limit.
8 See: https://www.ahrinet.org/
ahri+members.aspx.
9 See: https://www.ahridirectory.org/ahriDirectory/
pages/home.aspx.
10 See: https://www.appliances.energy.ca.gov/.
11 See: https://www.hoovers.com/.
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vented hearth product manufacturers as
part of that proceeding.
3. Description and Estimate of
Compliance Requirements
For direct heating equipment, the
proposed amendments would
incorporate by reference the most recent
version of various industry standards
already referenced in the DHE test
procedures for the purposes of
specifying the test set-up provisions. In
addition, the proposed test procedure
would include provisions for
determining the AFUE of products that
use condensing technology. The updates
to the most recent versions of the
various industry standards would result
in no material change to DOE’s test
procedure for direct heating equipment.
The additional provisions for measuring
energy efficiency of products with
condensing technology may add a
modest cost to testing for manufacturers
of such products. The test could be
conducted in the same test facility, but
some additional testing and calculation
would be required to determine AFUE.
Specifically, the proposed provisions
would require a condensate collection
test to be conducted on vented heaters
utilizing condensing technologies. The
duration of the condensate collection
test time would be 30 minutes for
steady-state testing and 1–2 hours for
cyclic testing. In some cases only
steady-state testing would be required
(i.e., all manually-controlled vented
heaters and those vented heaters not
utilizing the optional tracer gas
procedures). Vented heaters tested
utilizing the optional tracer gas
procedures would be required to
conduct both steady-state and cyclic
condensate collection procedures.
Therefore, DOE estimates that the
additional testing for condensing units
would add, in the worst case, 3 hours
to the overall length of time it takes to
conduct the AFUE test, as compared to
DHE not utilizing condensing
technology. At a rate of $30 an hour for
a test lab technician, DOE estimates that
the added cost will be $90 per test unit,
which is modest in comparison to the
overall cost of product development and
certification.
For pool heaters, the proposed
updates to the test procedure would add
provisions to determine the energy
efficiency of electric pool heaters,
including heat pump pool heaters, and
would incorporate by reference ANSI/
AHRI 1160–2009 and ANSI/ASHRAE
146–2011. These products are not
currently regulated by DOE, but DOE’s
research showed that all domestic small
business manufacturers of heat pump
pool heaters that were identified already
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rate COP and capacity according to the
rating conditions in ANSI/AHRI 1160
and typically at an additional rating
point outside of the ANSI/AHRI 1160
test conditions. In addition, DOE notes
that ASHRAE Standard 90.1–2010
contains efficiency levels for heat pump
pool heaters and specifies ANSI/AHRI
1160–2009 as the test method. Several
States (e.g., Florida, California) also
have minimum efficiency requirements
for heat pump pool heaters, which is
another factor that may drive
manufacturers to rate their products for
efficiency. Because manufacturers of
heat pump pool heaters are already
rating their products using AHRI 1160–
2009 due to the ASHRAE Standard
90.1–2010 requirements and State
efficiency requirements, DOE does not
believe there will be much, if any,
additional burden from today’s proposal
for including a heat pump pool heater
test method that references the industry
standard. For electric resistance pool
heaters, the proposed test method in
ANSI/ASHRAE 146–2011 is comparable
to that for gas-fired and oil-fired pool
heaters in the existing test method. For
these manufacturers to make any
representation regarding the efficiency
of their products, they must have been
using a similar test, so it is not expected
that the current proposal would add to
the burden of manufacturers of electric
resistance pool heaters. DOE requests
comment on these tentative conclusions
and on the potential impacts of this
proposed rule on small business
manufacturers of pool heaters,
particularly of heat pump pool heaters
and electric resistance pool heaters.
This is identified as issue 5 in section
V.E, ‘‘Issues on Which DOE Seeks
Comment.’’
4. Duplication, Overlap, and Conflict
With Other Rules and Regulations
DOE is not aware of any rules or
regulations that duplicate, overlap, or
conflict with the rule being proposed
today.
5. Significant Alternatives to the Rule
As noted earlier in the preamble, the
proposed rule is largely based upon the
industry testing procedures already in
place for direct heating equipment and
pool heaters. DOE believes the proposed
amendments would be useful for both
consumers and industry, and are
consistent with the Department’s goals
and statutory requirements, while also
minimizing the economic burden on
manufacturers. DOE seeks comment and
information on the need, if any, for
alternative test methods that, consistent
with the statutory requirements, would
reduce the economic impact of this rule
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on small entities. DOE will consider any
comments received regarding alternative
methods of testing that would reduce
economic impact of the rule on small
entities. DOE will consider the
feasibility of such alternatives and
determine whether they should be
incorporated into the final rule.
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D. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of direct heating
equipment and pool heaters must certify
to DOE that their products comply with
all applicable energy conservation
standards. In certifying compliance,
manufacturers must test their products
according to the DOE test procedures for
direct heating equipment and pool
heaters, including any amendments
adopted for those test procedures, on
the date that compliance is required.
DOE has established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including direct heating equipment and
pool heaters. 76 FR 12422 (March 7,
2011). The collection-of-information
requirement for certification and
recordkeeping is subject to review and
approval by OMB under the Paperwork
Reduction Act (PRA). This requirement
has been approved by OMB under OMB
control number 1910–1400. Public
reporting burden for the certification is
estimated to average 20 hours per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
E. Review Under the National
Environmental Policy Act of 1969
In this proposed rule, DOE proposes
test procedure amendments that it
expects will be used to develop and
implement future energy conservation
standards for direct heating equipment
and pool heaters. DOE has determined
that this rule falls into a class of actions
that are categorically excluded from
review under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. Specifically, this proposed rule
would amend the existing test
procedures without affecting the
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amount, quality, or distribution of
energy usage, and, therefore, would not
result in any environmental impacts.
Thus, this rulemaking is covered by
Categorical Exclusion A5 under 10 CFR
part 1021, subpart D, which applies to
any rulemaking that interprets or
amends an existing rule without
changing the environmental effect of
that rule. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
F. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal
agencies formulating and implementing
policies or regulations that preempt
State law or that have Federalism
implications. 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
it will follow in the development of
such regulations. 65 FR 13735. DOE has
examined this proposed rule and has
tentatively 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)) No further action is required by
Executive Order 13132.
G. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
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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 tentatively determined that,
to the extent permitted by law, the
proposed rule meets the relevant
standards of Executive Order 12988.
H. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For
regulatory actions likely to result in a
rule that may cause the expenditure by
State, local, and Tribal governments, in
the aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
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
‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect them. On
March 18, 1997, DOE published a
statement of policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820. (This policy is
also available at www.gc.doe.gov/gc/
office-general-counsel.) DOE examined
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today’s proposed rule according to
UMRA and its statement of policy and
has tentatively determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure by State, local, and
Tribal governments, in the aggregate, or
by the private sector, of $100 million or
more in any year. Accordingly, no
further assessment or analysis is
required under UMRA.
I. 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. This
rule 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.
J. Review Under Executive Order 12630
Pursuant to Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights,’’ 53 FR 8859 (March 18, 1988),
DOE has determined that this proposed
rule would not result in any takings that
might require compensation under the
Fifth Amendment to the U.S.
Constitution.
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K. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for Federal 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 proposed rule under
the OMB and DOE guidelines and has
concluded that it is consistent with
applicable policies in those guidelines.
L. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OIRA at OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgates or is
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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 regulatory action to amend
the test procedure for measuring the
energy efficiency of direct heating
equipment and pool heaters is not a
significant regulatory action under
Executive Order 12866 or any successor
order. Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy, nor has it
been designated as a significant energy
action by the Administrator of OIRA.
Therefore, it is not a significant energy
action, and, accordingly, DOE has not
prepared a Statement of Energy Effects
for this rulemaking.
M. 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; FEAA) Section 32
essentially provides in relevant part
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 Chairman of the Federal Trade
Commission (FTC) concerning the
impact of the commercial or industry
standards on competition.
Today’s proposed rule incorporates
testing methods contained in the
following commercial standards: ANSI/
ASHRAE 103–2007, ‘‘Method of Test for
Annual Fuel Utilization Efficiency of
Residential Central Furnaces and
Boilers’’; ANSI Z21.86–2008, ‘‘Vented
Gas-Fired Space Heating Appliances’’;
ASTM D2156–09, ‘‘Standard Test
Method for Smoke Density in Flue
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Gases from Burning Distillate Fuels’’;
UL 729–2003, ‘‘Standard for Safety for
Oil-Fired Floor Furnaces’’; UL 730–
2003, ‘‘Standard for Safety for Oil-Fired
Wall Furnaces’’; UL 896–1993,
‘‘Standard for Safety for Oil-Burning
Stoves’’; AHRI 1160–2009,
‘‘Performance Rating of Heat Pump Pool
Heaters’’; and ASHRAE 146–2011,
‘‘Method of Testing Pool Heaters.’’
While today’s proposed test procedures
are not exclusively based on these
standards, components of the test
procedures are adopted directly from
these standards without amendment.
The Department has evaluated these
standards and is unable to conclude
whether they fully comply with the
requirements of section 32(b) of the
FEAA, (i.e., that they were developed in
a manner that fully provides for public
participation, comment, and review).
DOE will consult with the Attorney
General and the Chairman of the FTC
concerning the impact on competition
of requiring manufacturers to use the
test methods contained in these
standards prior to prescribing a final
rule.
V. Public Participation
A. Attendance at the Public Meeting
The time, date and location of the
public meeting are listed in the DATES
and ADDRESSES sections at the beginning
of this document. If you plan to attend
the public meeting, please notify Ms.
Brenda Edwards at (202) 586–2945 or
Brenda.Edwards@ee.doe.gov. Please
note that foreign nationals visiting DOE
Headquarters are subject to advance
security screening procedures. Any
foreign national wishing to participate
in the meeting should advise DOE of
this fact as soon as possible by
contacting Ms. Brenda Edwards to
initiate the necessary procedures.
In addition, you can attend the public
meeting via webinar. Webinar
registration information, participant
instructions, and information about the
capabilities available to webinar
participants will be published on DOE’s
Web site at: https://
www1.eere.energy.gov/buildings/
appliance_standards/product.aspx/
productid/68. Please also note that any
person wishing to bring a laptop
computer or tablet into the Forrestal
Building will be required to obtain a
property pass. Visitors should avoid
bringing such devices, or allow an extra
45 minutes. Persons may also attend the
public meeting via webinar. Participants
are responsible for ensuring their
systems are compatible with the
webinar software.
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B. Procedure for Submitting Requests To
Speak and Prepared General Statements
for Distribution
Any person who has an interest in the
topics addressed in this notice of
proposed rulemaking, or who is
representative of a group or class of
persons that has an interest in these
issues, may request an opportunity to
make an oral presentation at the public
meeting. Such persons may handdeliver requests to speak to the address
show in the ADDRESSES section at the
beginning of this notice of proposed
rulemaking between 9:00 a.m. and 4:00
p.m., Monday through Friday, except
Federal holidays. Requests may also be
sent by mail or email to Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program,
Mailstop EE–2J, 1000 Independence
Avenue SW, Washington, DC 20585–
0121, or Brenda.Edwards@ee.doe.gov.
Persons who wish to speak should
include in their request a computer
diskette or CD–ROM in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file
format that briefly describes the nature
of their interest in this rulemaking and
the topics they wish to discuss. Such
persons should also provide a daytime
telephone number where they can be
reached.
DOE requests persons selected to
make an oral presentation to submit an
advance copy of their statements at least
one week before the public meeting.
DOE may permit persons who cannot
supply an advance copy of their
statement to participate, if those persons
have made advance alternative
arrangements with the Building
Technologies Program. As necessary,
request to give an oral presentation
should ask for such alternative
arrangements.
Any person who has plans to present
a prepared general statement may
request that copies of his or her
statement be made available at the
public meeting. Such persons may
submit requests, along with an advance
electronic copy of their statement in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format, to the appropriate address
shown in the ADDRESSES section at the
beginning of this notice of proposed
rulemaking. The request and advance
copy of statements must be received at
least one week before the public
meeting and may be emailed, handdelivered, or sent by mail. DOE prefers
to receive requests and advance copies
via email. Please include a telephone
number to enable DOE staff to make
follow-up contact, if needed.
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C. Conduct of Public Meeting
D. Submission of Comments
DOE will designate a DOE official to
preside at the public meeting and may
also use a professional facilitator to aid
discussion. The meeting will not be a
judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA
(42 U.S.C. 6306). A court reporter will
be present to record the proceedings and
prepare a transcript. DOE reserves the
right to schedule the order of
presentations and to establish the
procedures governing the conduct of the
public meeting. There shall not be
discussion of proprietary information,
costs or prices, market share, or other
commercial matters regulated by U.S.
anti-trust laws. After the public meeting,
interested parties may submit further
comments on the proceedings, as well
as on any aspect of the rulemaking, until
the end of the comment period.
The public meeting will be conducted
in an informal, conference style. DOE
will present summaries of comments
received before the public meeting,
allow time for prepared general
statements by participants, and
encourage all interested parties to share
their views on issues affecting this
rulemaking. Each participant will be
allowed to make a general statement
(within time limits determined by DOE),
before the discussion of specific topics.
DOE will allow, as time permits, other
participants to comment briefly on any
general statements.
At the end of all prepared statements
on a topic, DOE will permit participants
to clarify their statements briefly and
comment on statements made by others.
Participants should be prepared to
answer questions by DOE and by other
participants concerning these issues.
DOE representatives may also ask
questions of participants concerning
other matters relevant to this
rulemaking. The official conducting the
public meeting will accept additional
comments or questions from those
attending, as time permits. The
presiding official will announce any
further procedural rules or modification
of the above procedures that may be
needed for the proper conduct of the
public meeting.
A transcript of the public meeting will
be included in the docket, which can be
viewed as described in the Docket
section at the beginning of this notice of
proposed rulemaking, and will be
accessible on the DOE Web site. In
addition, any person may buy a copy of
the transcript from the transcribing
reporter.
DOE will accept comments, data, and
information regarding this proposed
rule before or after the public meeting,
but no later than the date provided in
the DATES section at the beginning of
this proposed rule. Interested parties
may submit comments using any of the
methods described in the ADDRESSES
section at the beginning of this notice of
proposed rulemaking.
All submissions received must
include the agency name and docket
number and/or RIN for this rulemaking.
No telefacsimilies (faxes) will be
accepted.
Submitting comments via
regulations.gov. The
www.regulations.gov Web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment itself or in any
documents attached to your comment.
Any information that you do not want
to be publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Otherwise, persons viewing comments
will see only first and last names,
organization names, correspondence
containing comments, and any
documents submitted with the
comments.
Do not submit to www.regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(CBI)). Comments submitted through
www.regulations.gov cannot be claimed
as CBI. Comments received through the
Web site will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through www.regulations.gov before
posting. Normally, comments will be
posted within a few days of being
submitted. However, if large volumes of
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comments are being processed
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email, hand
delivery/courier, or mail. Comments and
documents submitted via email, hand
delivery/courier, or mail also will be
posted to www.regulations.gov. If you
do not want your personal contact
information to be publicly viewable, do
not include it in your comment or any
accompanying documents. Instead,
provide your contact information in a
cover letter. Include your first and last
names, email address, telephone
number, and optional mailing address.
The cover letter will not be publicly
viewable as long as it does not include
any comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery/
courier, please provide all items on a
CD, if feasible, in which case it is not
necessary to submit printed copies. No
telefacsimiles (faxes) will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English, and are free
of any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email, postal mail, or hand
delivery/courier two well-marked
copies: one copy of the document
marked ‘‘confidential’’ including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
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Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) when
such information might lose its
confidential character due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments
on any aspect of this proposal, DOE is
particularly interested in receiving
comments and views of interested
parties concerning the following issues:
1. Are the proposed provisions for
testing vented heaters that are capable of
condensing operation appropriate and
sufficient?
2. Are the updates to the material
incorporated by reference into the direct
heating equipment test procedure
appropriate and sufficient?
3. Is the assignment of a 1-percent
default jacket loss in lieu of testing for
vented floor furnaces appropriate?
4. Are the proposed provisions to
allow testing of electric resistance and
heat pump pool heaters appropriate and
sufficient?
5. What are the impacts of this
proposed rule on small business
entities?
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s notice of
proposed rulemaking.
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.
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Issued in Washington, DC, on September
30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, DOE is proposing to amend
part 430 of Chapter II, Subchapter D of
Title 10, Code of Federal Regulations, 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:
a. Redesignating paragraph (d)(18) as
(d)(19) and adding ‘‘and Appendix O of
this part’’ after ‘‘for § 430.2’’ in
redesignated paragraph (d)(19);
■ b. Redesignating paragraphs (f)(10) as
(f)(11) and (i) through (p) as (j) through
(q) respectively; and
■ c. Adding paragraphs (b)(2), (d)(18),
(f)(10), (f)(12), (i), and (r).
The additions read as follows:
■
■
§ 430.3 Materials incorporated by
reference.
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(b) * * *
(2) ANSI/AHRI Standard 1160–2009
(‘‘ANSI/AHRI 1160’’), Performance
Rating of Heat Pump Pool Heaters, ANSI
approved November 4, 2011, IBR
approved for appendix P to subpart B.
*
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(d) * * *
(18) ANSI Z21.86–2008 (CSA 2.32–
2008), (‘‘ANSI Z21.86’’), Vented GasFired Space Heating Appliances, Fifth
Edition, ANSI approved March 28,
2008, IBR approved for appendix O to
subpart B.
*
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*
(f) * * *
(10) ANSI/ASHRAE 103–2007,
Method of Test for Annual Fuel
Utilization Efficiency of Residential
Central Furnaces and Boilers, ASHRAE
approved June 27, 2007, ANSI approved
March 25, 2008, IBR approved for
appendix O to subpart B.
*
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(12) ANSI/ASHRAE 146–2011
(‘‘ANSI/ASHRAE 146’’), Method of
Testing and Rating Pool Heaters,
ASHRAE approved February 2, 2011,
ANSI approved February 3, 2011, IBR
approved for appendix P to subpart B.
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(i) ASTM. American Society for
Testing and Materials International, 100
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Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959
(www.astm.org).
(1) ASTM D2156–09, (‘‘ASTM
D2156’’), Standard Test Method for
Smoke Density in Flue Gases from
Burning Distillate Fuels, Edition 09,
ASTM approved December 1, 2009, IBR
approved for and appendix O to subpart
B.
(2) [Reserved]
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(r) UL. Underwriters Laboratories,
Inc., 2600 NW. Lake Rd., Camas WA
98607–8542 (www.UL.com).
(1) UL 729–2003 (‘‘UL 729’’),
Standard for Safety for Oil-Fired Floor
Furnaces, dated August 29, 2003, Sixth
Edition including revisions through
April 22, 2010, IBR approved for
appendix O to subpart B.
(2) UL 730–2003 (‘‘UL 730’’),
Standard for Safety for Oil-Fired Wall
Furnaces, dated August 29, 2003, 5th
edition including revisions through
April 22, 2010, IBR approved for
appendix O to subpart B.
(3) UL 896–1993 (‘‘UL 896’’),
Standard for Safety for Oil-Burning
Stoves, dated July 29, 1993, 5th edition
including revisions through May 7,
2010, IBR approved for appendix O to
subpart B.
■ 3. Section 430.23 is amended by
revising paragraphs (o) and (p) to read
as follows:
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
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(o) Vented home heating equipment.
(1) When determining the annual fuel
utilization efficiency (AFUE) of vented
home heating equipment (see the note at
the beginning of appendix O), expressed
in percent (%), AFUE shall be
calculated in accordance with section
4.1.17 or 4.3.7 of appendix O of this
subpart for vented heaters without
either manual controls or thermal stack
dampers; according to section 4.2.6 or
4.3.7 of appendix O of this subpart for
vented heaters equipped with manual
controls; or according to section 4.3.7 of
appendix O of this subpart for vented
heaters equipped with thermal stack
dampers.
(2) When estimating the annual
operating cost for vented home heating
equipment, calculate the sum of:
(i) The product of the average annual
fuel energy consumption, in Btu’s per
year for natural gas, propane, or oilfueled vented home heating equipment,
determined according to section 4.6.2 of
appendix O of this subpart, and the
representative average unit cost in
dollars per Btu for natural gas, propane,
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or oil, as appropriate, as provided
pursuant to section 323(b)(2) of the Act;
plus
(ii) The product of the average annual
auxiliary electric energy consumption in
kilowatt-hours per year determined
according to section 4.6.3 of appendix O
of this subpart, and the representative
average unit cost in dollars per kilowatthours as provided pursuant to section
323(b)(2) of the Act, the resulting sum
then being rounded off to the nearest
dollar per year.
(3) When estimating the estimated
operating cost per million Btu output for
gas or oil vented home heating
equipment with an auxiliary electric
system, calculate the product of:
(i) The quotient of one million Btu
divided by the sum of:
(A) The product of the maximum fuel
input in Btu’s per hour as determined in
3.1.1 or 3.1.2 of appendix O of this
subpart times the annual fuel utilization
efficiency in percent as determined in
4.1.17, 4.2.6, or 4.3.7 of this appendix as
appropriate divided by 100; plus
(B) The product of the maximum
electric power in watts as determined in
3.1.3 of appendix O of this subpart
times the quantity 3.412; and
(ii) Of the sum of:
(A) The product of the maximum fuel
input in Btu’s per hour as determined in
3.1.1 or 3.1.2 of this appendix times the
representative unit cost in dollars per
Btu for natural gas, propane, or oil, as
appropriate, as provided pursuant to
section 323(b)(2) of the Act; plus
(B) The product of the maximum
auxiliary electric power in kilowatts as
determined in 3.1.3 of appendix O of
this subpart times the representative
unit cost in dollars per kilowatt-hour as
provided pursuant to section 323(b)(2)
of the Act, the resulting quantity shall
be rounded off to the nearest 0.01 dollar
per million Btu output.
(p) Pool heaters. (1) Prior to the
compliance date of any energy
conservation standards that incorporate
standby mode and off mode energy
consumption for pool heaters, when
determining the thermal efficiency of
pool heaters (see the note at the
beginning of appendix P of this subpart)
expressed as a percent (%), thermal
efficiency shall be calculated in
accordance with section 5.1 of appendix
P to this subpart.
(2) After the compliance date of any
energy conservation standards that
incorporate standby mode and off mode
energy consumption for pool heaters,
when determining the integrated
thermal efficiency of pool heaters (see
the note at the beginning of appendix P
of this subpart) expressed as a percent
(%), integrated thermal efficiency shall
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be calculated in accordance with section
5.4 of appendix P to this subpart.
(3) When estimating the annual
operating cost of pool heaters, calculate
the sum of:
(i) The product of the average annual
fuel energy consumption, in Btu’s per
year, of natural gas or oil-fueled pool
heaters, determined according to section
5.2 of appendix P to this subpart, and
the representative average unit cost in
dollars per Btu for natural gas or oil, as
appropriate, as provided pursuant to
section 323(b)(2) of the Act; plus
(ii) The product of the average annual
electrical energy consumption in
kilowatt-hours per year determined
according to section 5.3 of appendix P
to this subpart and converted to
kilowatt-hours using a conversion factor
of 3412 Btu = 1 kilowatt-hour, and the
representative average unit cost in
dollars per kilowatt-hours as provided
pursuant to section 323(b)(2) of the Act,
the resulting sum then being rounded
off to the nearest dollar per year.
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■ 4. Appendix O to subpart B of part
430 is amended by:
■ a. Revising the note after the appendix
heading;
■ b. Redesignating the second section
1.33 (following section 1.37) as section
1.39.
■ c. Redesignating sections 1.5 through
1.37 as 1.6 through 1.38;
■ d. Adding sections 1.5, 2.2.4, 3.8,
3.8.1, 3.8.2, 4.1.6.1, 4.1.6.2, 4.1.6.3, and
4.1.6.4;
■ e. Amending section 2.6.1 by
removing the words ‘‘ANSI Z21.49–
1975, section 2.14.’’ and adding in their
place ‘‘Part VIII section 8.7 of ANSI
Z21.86.’’
■ f. Amending section 2.6.2 by
removing the words ‘‘Figure 34.4 of UL
730–1974, or Figures 35.1 and 35.2 of
UL 729–1976’’ and adding in their place
‘‘Figure 36.4 of UL 730, or Figure 38.1
and 38.2 of UL 729.’’ and by removing
the words ‘‘sections 35.12 through 35.17
of UL 730–1974.’’ and adding in their
place ‘‘sections 37.5.8 through 37.5.18
of UL 730.’’
■ g. Revising sections 2.1.1, 2.1.2, 2.1.3,
2.2.2, 2.3.3, 2.3.4, 2.4.2, 2.5.1, 3.1.2, 3.2,
3.3, 4.1.6, 4.1.10, 4.2.4.1, 4.3.3, and
4.3.6.
These additions and revisions read as
follows:
Appendix O to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Vented Home
Heating Equipment
Note: After [date 180 days after publication
of the final rule in the Federal Register], any
representations made with respect to the
energy use or efficiency of vented home
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heating equipment must be made in
accordance with the results of testing
pursuant to this appendix. After this date, if
a manufacturer elects to make
representations with regard to standby mode
and off mode energy consumption, then
testing must also include the provisions of
this appendix related to standby mode and
off mode energy consumption.
Manufacturers conducting tests of vented
home heating equipment after [date 30 days
after publication of the final rule in the
Federal Register] and prior to [date 180 days
after publication of the final rule in the
Federal Register], must conduct such test in
accordance with either this appendix or
appendix O as it appeared at 10 CFR part
430, subpart B, appendix X, in the 10 CFR
parts 200 to 499 edition revised as of January
1, 2013. Any representations made with
respect to the energy use or efficiency of such
vented home heating equipment must be in
accordance with whichever version is
selected. Given that after [date 180 days after
publication of the final rule in the Federal
Register] representations with respect to the
energy use or efficiency of vented home
heating equipment must be made in
accordance with tests conducted pursuant to
this appendix, manufacturers may wish to
begin using this test procedure as soon as
possible.
On or after the compliance date for any
amended energy conservation standards that
incorporate standby mode and off mode
energy consumption, all representations must
be based on testing performed in accordance
with this appendix in its entirety.
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1.5 ‘‘Condensing vented heater’’ means a
vented heater that will, during the laboratory
tests prescribed in this appendix, condense
part of the water vapor in the flue gases.
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2.1.1 Vented wall furnaces (including
direct vent systems). Install non-direct vent
gas-fueled vented wall furnaces as specified
in section 8.1.3 and figure 7 or figure 10 of
ANSI Z21.86 (incorporated by reference; see
§ 430.3). Install direct vent gas-fueled vented
wall furnaces as specified in section 6.1.3
and figure 6 of ANSI Z21.86. Install oilfueled vented wall furnaces as specified in
section 36.1 of UL 730.
2.1.2 Vented floor furnaces. Install vented
floor furnaces for test as specified in section
38.1 of UL 729.
2.1.3 Vented room heaters. Install vented
room heaters for test as specified in section
37.1.1 of UL 896.
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2.2.2 Oil-fueled vented home heating
equipment (excluding direct vent systems).
Use flue connections for oil-fueled vented
floor furnaces as specified in section 38.2 of
UL 729, sections 36.2 of UL 730 for oil-fueled
vented wall furnaces, and sections 37.1.2 and
37.1.3 of UL 896 for oil-fueled vented room
heaters (incorporated by reference; see
§ 430.3).
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2.2.4 Condensing vented heater,
additional flue requirements. The flue pipe
installation must not allow condensate
formed in the flue pipe to flow back into the
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unit. An initial downward slope from the
unit’s exit, an offset with a drip leg, annular
collection rings, or drain holes must be
included in the flue pipe installation without
disturbing normal flue gas flow. Flue gases
should not flow out of the drain with the
condensate. For condensing vented heaters
not designed for collection and draining of
condensate, a means to collect condensate
must be provided for the purposes of testing.
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2.3.3 Other test gas. Use other test gases
with characteristics as described in table 1 of
ANSI/ASHRAE 103–2007 (incorporated by
reference; see § 430.3). Use gases with a
measured higher heating value within ±5
percent of the values specified in the above
ANSI/ASHRAE standard. Determine the
actual higher heating value of the gas used
in the test with an error no greater than one
percent.
2.3.4 Oil supply. For a vented heater
utilizing fuel oil, use No. 1, fuel oil
(kerosene) for vaporizing-type burners and
either No. 1 or No. 2 fuel oil, as specified by
the manufacturer, for mechanical atomizing
type burners. Use test fuel conforming to the
specifications given in tables 2 and 3 of
ANSI/ASHRAE 103–2007 (incorporated by
reference; see § 430.3). Measure the higher
heating value of the test fuel with an error
no greater than one percent.
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2.4.2 Oil burner adjustments. Adjust the
burners of oil-fueled vented heaters to give
the CO2 reading recommended by the
manufacturer and an hourly Btu input,
during the steady-state performance test
described below, which is within ±2 percent
of the heater manufacturer’s specified normal
hourly Btu input rating. On units employing
a power burner, do not allow smoke in the
flue to exceed a No. 1 smoke during the
steady-state performance test as measured by
the procedure in ASTM D2156 (incorporated
by reference; see § 430.3). If, on units
employing a power burner, the smoke in the
flue exceeds a No. 1 smoke during the steadystate test, readjust the burner to give a lower
smoke reading, and, if necessary a lower CO2
reading, and start all tests over. Maintain the
average draft over the fire and in the flue
during the steady-state performance test at
that recommended by the manufacturer
within ±0.005 inches of water gauge. Do not
make additional adjustments to the burner
during the required series of performance
tests. The instruments and measuring
apparatus for this test are described in
section 6 and shown in Figure 8 of ANSI/
ASHRAE 103–2007 (incorporated by
reference; see § 430.3).
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2.5.1 Forced air vented wall furnaces
(including direct vent systems). During
testing, maintain the air flow through the
heater as specified by the manufacturer and
operate the vented heater with the outlet air
temperature between 80 °F and 130 °F above
room temperature. If adjustable air discharge
registers are provided, adjust them so as to
provide the maximum possible air
restriction. Measure air discharge
temperature as specified in section 8.7 of
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§ 430.3).
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3.1.2 Oil-fueled vented home heating
equipment (including direct vent systems).
Set up and adjust the vented heater as
specified in sections 2.1, 2.2, and 2.3.4 of this
appendix. Begin the steady-state performance
test by operating the burner and the
circulating air blower, on units so equipped,
with the adjustments specified by sections
2.4.2 and 2.5 of this appendix until steadystate conditions are attained as indicated by
a temperature variation of not more than 5 °F
(2.8 C) in the flue gas temperature in three
successive readings taken 15 minutes apart.
For units equipped with power burners, do
not allow smoke in the flue to exceed a No.
1 smoke during the steady-state performance
test as measured by the procedure described
in ASTM D 2156 (incorporated by reference;
see § 430.3). Maintain the average draft over
the fire and in the breeching during the
steady-state performance test at that
recommended by the manufacturer ±0.005
inches of water gauge.
Measure the room temperature (TRA) as
described in section 2.9 of this appendix and
measure the steady-state flue gas temperature
(TF,SS) using nine thermocouples located in
the flue pipe as described in section 2.6.2 of
this appendix. Secure a sample of the flue gas
in the plane of temperature measurement and
determine the concentration by volume of
CO2 (XCO2F) present in dry flue gas. Measure
and record the steady-state heat input rate
(Qin).
For manually controlled oil-fueled vented
heaters, determine the steady-state efficiency
at a fuel input rate that is within ±5 percent
of 50 percent of the maximum fuel input rate
or at the minimum fuel input rate as
measured in section 3.1.2 to this appendix
for manually controlled oil-fueled vented
heaters if the design of the heater is such that
the ±5 percent of 50 percent of the maximum
fuel input rate cannot be set.
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3.2 Jacket loss measurement. Conduct a
jacket loss test for vented floor furnaces.
Measure the jacket loss (Lj) in accordance
with the ANSI/ASHRAE 103–2007 section
8.6 (incorporated by reference; see § 430.3),
applying the provisions for furnaces and not
the provisions for boilers. In lieu of testing,
the jacket loss can be assigned a value of 1%.
3.3 Measurement of the off-cycle losses
for vented heaters equipped with thermal
stack dampers. As noted in section 4.3, this
procedure may be optionally used for all
vented heaters. Install the thermal stack
damper, if required, according to the
manufacturer’s instructions. Unless specified
otherwise, the thermal stack damper should
be at the draft diverter exit collar. Attach a
five foot length of bare stack to the outlet of
the damper. Install thermocouples as
specified in section 2.6.1 of this appendix.
For vented heaters equipped with singlestage thermostats, measure the off-cycle
losses at the maximum fuel input rate. For
vented heaters equipped with two-stage
thermostats, measure the off-cycle losses at
the maximum fuel input rate and at the
reduced fuel input rate. For vented heaters
equipped with step-modulating thermostats,
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4.1.6 Latent heat loss. For noncondensing vented heaters, obtain the latent
heat loss (LL,A) from Table 2 of this appendix.
For condensing vented heaters, a modified
latent heat loss (LL,A*) is obtained as follows:
For steady-state conditions:
LL,A* = LL,A ¥ LG,SS + LC,SS
where:
LL,A = Latent heat loss, based on fuel type,
from table 2 of this appendix
LG,SS = Steady-state latent heat gain due to
condensation as determined in 4.1.6.1 of
this appendix
LC,SS = Steady-state heat loss due to hot
condensate going down the drain as
determined in 4.1.6.2 of this appendix
For cyclic conditions: (only for vented
heaters tested under the optional tracer gas
procedures of section 3.3 or 3.6)
LL,A* = LL,A ¥ LG + LC
where:
LL,A = Latent heat loss, based on fuel type,
from table 2 of this appendix
LG = Latent heat gain due to condensation
under cyclic conditions as determined in
4.1.6.3 of this appendix
LC = Heat loss due to hot condensate going
down the drain under cyclic conditions
as determined in 4.1.6.4 of this appendix
4.1.6.1 Latent heat gain due to
condensation under steady-state conditions.
Calculate the latent heat gain (LG,SS)
expressed as a percent and defined as:
where:
100 = conversion factor to express a decimal
as a percent
1053.3 = latent heat of vaporization of water,
Btu per pound
Mc,ss = mass of condensate for the steadystate test as determined in 3.8.1 of this
appendix, pounds
Qc,ss = fuel energy input for steady-state test
as determined in 3.8.1 of this appendix,
Btu
4.1.6.2 Heat loss due to hot condensate
going down the drain under steady-state
conditions. Calculate the steady-state heat
loss due to hot condensate going down the
drain (LC,SS) expressed as a percent and
defined as:
Calculate the latent heat gain (LG) expressed
as a percent and defined as:
where:
100 = conversion factor to express a decimal
as a percent
E:\FR\FM\24OCP1.SGM
24OCP1
ep24oc13.092</GPH>
0.45 = specific heat of water vapor, Btu/lb–
°F
45 = average outdoor temperature for vented
heaters, °F
4.1.6.3 Latent heat gain due to
condensation under cyclic conditions. (only
for vented heaters tested under the optional
tracer gas procedures of section 3.3 or 3.6)
*
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ep24oc13.091</GPH>
where:
LG,SS = Latent heat gain due to condensation
under steady-state conditions as defined
in 4.1.6.1 of this appendix
1.0 = specific heat of water, Btu/lb–°F
TF,SS = Flue (or stack) gas temperature as
defined in 3.1 of this appendix, °F.
70 = assumed indoor temperature, °F
*
during the three or six test cycles, expressed
in Btu.
ep24oc13.090</GPH>
3.8 Condensing vented heaters
measurement of condensate under steadystate and cyclic conditions. Condensate drain
lines shall be attached to the vented heater
as specified in the manufacturer’s installation
instructions. The test unit shall be level prior
to all testing. A continuous downward slope
of drain lines from the unit shall be
maintained. Additional precautions shall be
taken to facilitate uninterrupted flow of
condensate during the test. Collection
container must be glass or polished stainless
steel to facilitate removal of interior deposits.
The collection container shall have a vent
opening to the atmosphere, be dried prior to
each use, and be at room ambient
temperature. The humidity of the room air
shall at no time exceed 80% relative
humidity. For condensing units not designed
for collecting and draining condensate, drain
lines need to be provided during testing that
meet the criteria set forth in this section 3.8.
Units employing manual controls and units
not tested under the optional tracer gas
procedures of section 3.3 and 3.6 shall only
conduct the steady-state condensate
collection test.
3.8.1 Steady-state condensate collection
test. Begin a steady-state condensate
collection immediately after the steady-state
testing of section 3.1 has been completed.
The steady-state condensate collection period
shall be an additional 30 minutes.
Condensate mass shall be measured
immediately at the end of the collection
period to minimize evaporation loss from the
sample. Fuel input shall be recorded for the
30-minute condensate collection steady-state
test period. Fuel higher heating value (HHV),
temperature, and pressures necessary for
determining fuel energy input (Qc,ss) will be
measured and recorded. The fuel quantity
and HHV shall be measured with errors no
greater than 1%. Determine the mass of
condensate for the steady-state test (Mc,ss) in
pounds by subtracting the tare container
weight from the total container and
condensate weight measured at the end of the
30-minute condensate collection test period.
For units with step modulating or twostage controls, the steady-state condensate
collection test shall be conducted at both the
maximum and reduced input rates.
3.8.2 Cyclic condensate collection tests.
(only for vented heaters tested under the
optional tracer gas procedures of section 3.3
or 3.6) Control devices shall be installed to
allow cyclical operation of the vented heater.
The unit shall be operated in a cyclical
manner until flue gas temperatures at the end
of each on-cycle are within 5° F of each other
for two consecutive cycles. On-cycle and offcycle times are 4 minutes and 13 minutes
respectively. Control of ON and OFF
operation actions shall be within +/¥ 6
seconds of the scheduled time. Begin three
test cycles. For fan-type vented heaters,
maintain circulating air adjustments as
specified in section 2.5 of this appendix.
Begin condensate collection at one minute
before the on-cycle period of the first test
cycle. The container shall be removed one
minute before the end of each off-cycle
period. Condensate mass shall be measured
for each test-cycle.
Fuel input shall be recorded during the
entire test period starting at the beginning of
the on-time period of the first cycle to the
beginning of the on-time period of the second
cycle, etc., for each of the test cycles. Fuel
higher heating value (HHV), temperature, and
pressure necessary for determining fuel
energy input, Qc, shall be recorded.
Determine the mass of condensate for each
cycle, Mc, in pounds. If at the end of threecycles, the sample standard deviation is
within 20% of the mean value for three
cycles, use total condensate collected in the
three cycles as Mc; if not, continue collection
for an additional three cycles and use the
total condensate collected for the six cycles
as Mc. Determine the fuel energy input, Qc,
measure the off-cycle losses at the reduced
fuel input rate.
Let the vented heater heat up to a steadystate condition. Feed a tracer gas at a
constant metered rate into the stack directly
above and within one foot above the stack
damper. For units not employing a thermal
stack damper, introduce the tracer gas within
the first foot of the test stack. Record tracer
gas flow rate and temperature. Measure the
tracer gas concentration in the stack at
several locations in a horizontal plane
through a cross-section of the stack at a point
sufficiently above the stack damper to ensure
that the tracer gas is well mixed in the stack.
Continuously measure the tracer gas
concentration and temperature during a 10minute cool-down period. Shut the burner off
and immediately begin measuring tracer gas
concentration in the stack, stack temperature,
Room temperature, and barometric pressure.
Record these values as the midpoint of each
one-minute interval between burner shutdown and ten minutes after burner shutdown. Meter response time and sampling
delay time shall be considered in timing
these measurements.
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
under the optional tracer gas procedures of
section 3.3 or 3.6) Calculate the cyclic heat
loss due to hot condensate going down the
drain (LC) expressed as a percent and defined
as:
where:
LG = Latent heat gain due to condensation
under cyclic conditions as defined in
4.1.6.3 of this appendix
1.0 = specific heat of water, Btu/lb–°F
TF,SS = Flue (or stack) gas temperature as
defined in 3.1 of this appendix.
70 = assumed indoor temperature, °F
0.45 = specific heat of water vapor, Btu/lb–
°F
45 = average outdoor temperature for vented
heaters, °F
4.1.10 Steady-state efficiency. For vented
heaters equipped with single-stage
thermostats, calculate the steady-state
efficiency (excluding jacket loss, hSS,
expressed in percent and defined as:
hSS = 100 ¥ LL,A ¥ LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of
this appendix (for condensing vented
heaters LL,A* for steady-state conditions)
LS,SS,A = sensible heat loss at steady-state
operation, as defined in 4.1.9 of this
appendix
For vented heaters equipped with either
two-stage thermostats or with stepmodulating thermostats, calculate the steadystate efficiency at the reduced fuel input rate,
hSS–L, expressed in percent and defined as:
hSS–L = 100 ¥ LL,A ¥ LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of
this appendix (for condensing vented
heaters LL,A* for steady-state conditions
at the reduced firing rate)
LS,SS,A = sensible heat loss at steady-state
operation, as defined in 4.1.9 of this
appendix in which LS,SS,Ais determined
at the reduced fuel input rate
For vented heaters equipped with twostage thermostats, calculate the steady-state
efficiency at the maximum fuel input rate,
hSS–H, expressed in percent and defined as:
hSS–H = 100 ¥ LL,A ¥ LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of
this appendix (for condensing vented
heaters LL,A* for steady-state conditions
at the maximum fuel input rate)
LS,SS,A = sensible heat loss at steady-state
operation, as defined in 4.1.9 of this
appendix in which LS,SS,Ais measured at
the maximum fuel input rate
For vented heaters equipped with stepmodulating thermostats, calculate the
weighted-average steady-state efficiency in
the modulating mode, hSS–MOD, expressed in
percent and defined as:
where:
hSS–H = steady-state efficiency at the
maximum fuel input rate, as defined in
4.1.10 of this appendix
hSS–L = steady-state efficiency at the reduced
fuel input rate, as defined in 4.1.10 of
this appendix
TOA* = average outdoor temperature for
vented heaters with step-modulating
thermostats operating in the modulating
mode and is obtained from Table 3 or
Figure 1 of this appendix
TC = balance point temperature which
represents a temperature used to
apportion the annual heating load
between the reduced input cycling mode
and either the modulating mode or
maximum input cycling mode and is
obtained either from Table 3 of this
appendix or calculated by the following
equation:
TC = 65 ¥ [(65 ¥ 15)R]
where:
65 = average outdoor temperature at which
a vented heater starts operating
15 = national average outdoor design
temperature for vented heaters
R = ratio of reduced to maximum heat output
rates, as defined in 4.1.13 of this
appendix
4.2.4.1 For manually-controlled heaters
with various input rates the weighted average
steady-state efficiency (hSS¥WT), is
determined as follows:
hSS¥WT = 100¥LL,A¥LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of
this appendix (for condensing vented
heaters, LL,A* for steady-state conditions)
LS,SS,A = steady-state efficiency at the reduced
fuel input rate, as defined in 4.1.9 of this
appendix
and where LL,A and LS,SS,A are determined:
(1) at 50 percent of the maximum fuel
input rate as measured in either section 3.1.1
of this appendix for manually-controlled gas
vented heaters or section 3.1.2 of this
appendix for manually-controlled oil vented
heaters, or
(2) at the minimum fuel input rate as
measured in either section 3.1.1 to this
appendix for manually-controlled gas vented
heaters or section 3.1.2 to this appendix for
manually-controlled oil vented heaters if the
design of the heater is such that the ±5
percent of 50 percent of the maximum fuel
input rate cannot be set, provided this
minimum rate is no greater than 2/3 of the
maximum input rate of the heater.
4.3.3 Off-cycle sensible heat loss. For
vented heaters equipped with single-stage
thermostats, calculate the off-cycle sensible
heat loss (LS,OFF) at the maximum fuel input
rate. For vented heaters equipped with stepmodulating thermostats, calculate LS,OFF
defined as:
LS,OFF = X1 LS,OFF,red
where:
X1 = as defined in 4.1.14 of this appendix
LS,OFF,red = as defined as LS,OFF in 4.3.3 of this
appendix at the reduced fuel input rate
For vented heaters equipped with twostage thermostats, calculate LS,OFF defined as:
LS,OFF = X1 LS,OFF,red +X2 LS,OFF,Max
where:
X1 = as defined in 4.1.14 of this appendix
LS,OFF,red =as defined as LS,OFF in 4.3.3 of this
appendix at the reduced fuel input rate
X2 = as defined in 4.1.15 of this appendix
LS,OFF,Max = as defined as LS,OFF in 4.3.3 of
this appendix at the maximum fuel input
rate
Calculate the off-cycle sensible heat loss
(LS,OFF) expressed as a percent and
defined as:
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E:\FR\FM\24OCP1.SGM
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ep24oc13.094</GPH>
Qc = fuel energy input for cyclic test as
determined in 3.8.2 of this appendix, Btu
4.1.6.4 Heat loss due to hot condensate
going down the drain under cyclic
conditions. (only for vented heaters tested
ep24oc13.093</GPH>
1053.3 = latent heat of vaporization of water,
Btu per pound
Mc = mass of condensate for the cyclic test
as determined in 3.8.2 of this appendix,
pounds
Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
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5. Appendix P to subpart B of part 430
is revised to read as follows:
■
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Appendix P to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Pool Heaters
Note: After [date 180 days after publication
of the final rule in the Federal Register], any
representations made with respect to the
energy use or efficiency of pool heaters must
be made in accordance with the results of
testing pursuant to this appendix. After this
date, if a manufacturer elects to make
representations with regard to standby mode
and off mode energy consumption, then
testing must also include the provisions of
this appendix related to standby mode and
off mode energy consumption.
Manufacturers conducting tests of gas-fired
pool heaters after [date 30 days after
publication of the final rule in the Federal
Register] and prior to [date 180 days after
publication of the final rule in the Federal
Register], must conduct such test in
accordance with either this appendix or
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TS,OFF = stack gas temperature measured in
accordance with 3.3 of this appendix
TRA = average room temperature measured in
accordance with 3.3 of this appendix
PB = barometric pressure in inches of
mercury
VT = flow rate of the tracer gas through the
stack in cubic feet per minute
CT * = concentration by volume of the active
tracer gas in the mixture in percent and
*
appendix X as it appeared at 10 CFR Part
430, subpart B, appendix P, in the 10 CFR
Parts 200 to 499 edition revised as of January
1, 2013. Any representations made with
respect to the energy use or efficiency of such
gas-fired pool heaters must be in accordance
with whichever version is selected. Given
that after [date 180 days after publication of
the final rule in the Federal Register]
representations with respect to the energy
use or efficiency of pool heaters must be
made in accordance with tests conducted
pursuant to this appendix, manufacturers
may wish to begin using this test procedure
as soon as possible.
On or after the compliance date for any
amended energy conservation standards that
incorporate standby mode and off mode
energy consumption, all representations must
be based on testing performed in accordance
with this appendix in its entirety.
1. Definitions.
1.1 Active mode means the condition
during the pool heating season in which the
pool heater is connected to the power source,
and the main burner, electric resistance
element, or heat pump is activated to heat
pool water.
1.2 Coefficient of Performance (COP), as
applied to heat pump pool heaters, means the
ratio of heat output in kW to the total power
input in kW
1.3 Electric heat pump pool heater means
an appliance designed for heating nonpotable
water employing a compressor, water-cooled
condenser, and outdoor air coil.
1.4 Electric resistance pool heater means
an appliance designed for heating nonpotable
water employing electric resistance heating
elements.
1.5 Fossil fuel-fired pool heater means an
appliance designed for heating nonpotable
water employing natural gas or oil burners.
1.6 Hybrid pool heater means an
appliance designed for heating nonpotable
water employing both a heat pump
(compressor, water-cooled condenser, and
outdoor air coil) and a fossil fueled burner as
heating sources.
1.7 Off mode means the condition during
the pool non-heating season in which the
pool heater is connected to the power source,
and neither the main burner, nor the electric
resistance elements, nor the heat pump is
activated, and the seasonal off switch, if
present, is in the ‘‘off’’ position.
1.8 Seasonal off switch means a switch
that effects a difference in off mode energy
consumption as compared to standby mode
energy consumption.
1.9 Standby mode means the condition
during the pool heating season in which the
pool heater is connected to the power source,
and neither the main burner, nor the electric
resistance elements, nor the heat pump is
activated.
2. Test method.
2.1 Active mode.
2.1.1 Fossil fuel-fired pool heaters. The
test method for testing fossil fuel-fired pool
heaters in active mode is as specified in
ANSI Z21.56 (incorporated by reference; see
§ 430.3).
2.1.2 Electric resistance pool heaters. The
test method for testing electric resistance
pool heaters in active mode is as specified in
ANSI/ASHRAE 146 (incorporated by
reference; see § 430.3).
2.1.3 Electric heat pump pool heaters.
The test method for testing electric heat
pump pool heaters in active mode is as
specified in ANSI/AHRI 1160 (incorporated
by reference; see § 430.3), which references
ANSI/ASHRAE 146 (incorporated by
reference; see § 430.3).
2.1.4 Hybrid pool heaters. [Reserved]
2.2 Standby mode. The test method for
testing the energy consumption of pool
heaters in standby mode is as described in
sections 3 through 5 of this appendix.
2.3 Off mode.
2.3.1 Pool heaters with a seasonal off
switch. For pool heaters with a seasonal off
switch, no off mode test is required.
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4.3.6 Part-load fuel utilization efficiency.
Calculate the part-load fuel utilization
efficiency (hu) expressed as a percent and
defined as:
E:\FR\FM\24OCP1.SGM
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ep24oc13.097</GPH>
*
is 100 when the tracer gas is a single
component gas
CT = concentration by volume of the active
tracer gas in the diluted stack gas in
percent
TT = temperature of the tracer gas entering
the flow meter in degrees Fahrenheit
(TT + 460) = absolute temperature of the
tracer gas entering the flow meter in
degrees Rankine
ep24oc13.096</GPH>
where:
Cj = 2.8, adjustment factor
Lj = jacket loss as defined in 4.1.5
LL,A = Latent heat loss, as defined in 4.1.6 of
this appendix (for condensing vented
heaters LL,A* for cyclic conditions)
ton = Average burner on time which is 20
mins.
LS,ON = On-cycle sensible heat loss, as
defined in 4.3.1 of this appendix
LS,OFF = Off-cycle sensible heat loss, as
defined in 4.3.3 of this appendix
LI,ON = On-cycle infiltration heat loss, as
defined in 4.3.2 of this appendix
LI,OFF = Off-cycle infiltration heat loss, as
defined in 4.3.5 of this appendix
PF = Pilot fraction, as defined in 4.1.4 of this
appendix
tOFF = average burner off-time per cycle,
which is 20 minutes
mS,OFF = stack gas mass flow rate pounds per
minute
ep24oc13.095</GPH>
where:
100 = conversion factor for percent
0.24 = specific heat of air in Btu per
pound¥°F
Qin = fuel input rate, as defined in 3.1 of this
appendix in Btu per minute (as
appropriate for the firing rate)
ton = average burner on-time per cycle and is
20 minutes
S mS,OFF (TS,OFF ¥TRA) = summation of the
ten values (for single-stage or stepmodulating models) or twenty values (for
two-stage models) of the quantity, mS,OFF
(TS,OFF ¥ TRA), measured in accordance
with 3.3 of this appendix
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
2.3.2 Pool heaters without a seasonal off
switch. For pool heaters without a seasonal
off switch, the test method for testing the
energy consumption of the pool heater is as
described in sections 3 through 5 of this
appendix.
3. Test conditions.
3.1 Active mode.
3.1.1 Fossil fuel-fired pool heaters.
Establish the test conditions specified in
section 2.10 of ANSI Z21.56 (incorporated by
reference; see § 430.3).
3.1.2 Electric resistance pool heaters.
Establish the test conditions specified in
section 9.1.4 of ANSI/ASHRAE 146
(incorporated by reference; see § 430.3).
3.1.3 Electric heat pump pool heaters.
Establish the test conditions specified in
section 5 of ANSI/AHRI 1160. The air
temperature surrounding the unit shall be at
the ‘‘High Air Temperature—Mid Humidity
(63% RH)’’ level specified in section 6 of
ANSI/AHRI 1160 (80.6 °F [27.0 °C] Dry-Bulb,
71.2 °F [21.8 °C]).
3.1.4 Hybrid pool heaters. [Reserved]
3.2 Standby mode and off mode. After
completing the active mode tests described in
section 3.1, reduce the thermostat setting to
a low enough temperature to put the pool
heater into standby mode. Reapply the
energy sources and operate the pool heater in
standby mode for 60 minutes.
4. Measurements
4.1 Active mode
4.1.1 Fossil fuel-fired pool heaters.
Measure the quantities delineated in section
2.10 of ANSI Z21.56 (incorporated by
reference; see § 430.3). The measurement of
energy consumption for oil-fired pool heaters
in Btu is to be carried out in appropriate
units (e.g., gallons).
4.1.2 Electric resistance pool heaters.
Measure the quantities delineated in section
9.1.4 of ANSI/ASHRAE 146 (incorporated by
reference; see § 430.3) during and at the end
of the 30-minute period when water is
flowing through the pool heater.
4.1.3 Electric heat pump pool heaters.
Measure the quantities delineated in section
9.1.1 and Table 2 of ANSI/ASHRAE 146
(incorporated by reference; see § 430.3). The
elapsed time, tHP, from the start of electric
power metering to the end shall be recorded,
in minutes.
4.1.4 Hybrid pool heaters. [Reserved]
4.2 Standby mode. For all pool heaters,
record the average electric power
consumption during the standby mode test,
PW,SB, in W, in accordance with section 5 of
IEC 62301 (Second Edition) (incorporated by
reference; see § 430.3). For fossil fuel-fired
pool heaters, record the fossil fuel energy
consumption during the standby test, Qp, in
Btu. (Milli-volt electrical consumption need
not be considered in units so equipped.)
Ambient temperature and voltage
specifications in section 4.1 of this appendix
shall apply to this standby mode testing. The
recorded standby power (PW,SB) shall be
rounded to the second decimal place, and for
loads greater than or equal to 10W, at least
three significant figures shall be reported.
4.3 Off mode.
4.3.1 Pool heaters with a seasonal off
switch. For pool heaters with a seasonal off
switch, the average electric power
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consumption during the off mode, PW,OFF =
0, and the fossil fuel energy consumed during
the off mode, Qoff = 0.
4.3.2 Pool heaters without a seasonal off
switch. For all pool heaters without a
seasonal off switch, record the average
electric power consumption during the
standby/off mode test, PW,OFF (= PW,SB), in W,
in accordance with section 5 of IEC 62301
(Second Edition) (incorporated by reference;
see § 430.3). For fossil fuel-fired pool heaters
without a seasonal off switch, record the
fossil fuel energy consumption during the off
mode test, Qoff (= Qp), in Btu. (Milli-volt
electrical consumption need not be
considered in units so equipped.) Ambient
temperature and voltage specifications in
section 4.1 of this appendix shall apply to
this off mode testing. The recorded off mode
power (PW,OFF) shall be rounded to the
second decimal place, and for loads greater
than or equal to 10W, at least three
significant figures shall be reported.
5. Calculations.
5.1 Thermal efficiency.
5.1.1 Fossil fuel-fired pool heaters.
Calculate the thermal efficiency, Et
(expressed as a percent), as specified in
section 2.10 of ANSI Z21.56 (incorporated by
reference; see § 430.3). The expression of fuel
consumption for oil-fired pool heaters shall
be in Btu.
5.1.2 Electric resistance pool heaters.
Calculate the thermal efficiency, Et
(expressed as a percent), as specified in
section 11.1 of ANSI/ASHRAE 146
(incorporated by reference; see § 430.3).
5.1.3 Electric heat pump pool heaters.
Calculate the COP according to section 11.1
of ANSI/ASHRAE 146. Calculate the thermal
efficiency, Et (expressed as a percent): Et =
100 * COP.
5.1.4 Hybrid pool heaters. [Reserved]
5.2 Average annual fossil fuel energy for
pool heaters. For electric resistance and
electric heat pump pool heaters, the average
annual fuel energy for pool heaters, EF =0.
For fossil fuel-fired pool heaters, the
average annual fuel energy for pool heaters,
EF, is defined as:
EF = BOH QIN + (POH—BOH)QPR + (8760—
POH) Qoff,R
where:
BOH = average number of burner operating
hours = 104 h
POH = average number of pool operating
hours = 4464 h
QIN = rated fuel energy input as defined
according to section 2.10.1 or section
2.10.2 of ANSI Z21.56 (incorporated by
reference; see § 430.3), as appropriate.
(For electric resistance and heat pump
pool heaters, QIN = 0.)
QPR = average energy consumption rate of
continuously operating pilot light, if
employed, = (QP/1 h)
QP = energy consumption of continuously
operating pilot light, if employed, as
measured in section 4.2 of this appendix,
in Btu
8760 = number of hours in one year
Qoff,R = average off mode fossil fuel energy
consumption rate = Qoff/(1 h)
Qoff = off mode energy consumption as
defined in section 4.3 of this appendix
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5.3 Average annual electrical energy
consumption for pool heaters. The average
annual electrical energy consumption for
pool heaters, EAE, is expressed in Btu and
defined as:
(1) EAE = EAE,active + EAE,standby,off
(2) EAE,active = BOH * PE
(3) EAE,standby,off = (POH—BOH) PW,SB(Btu/h) +
(8760—POH) PW,OFF(Btu/h)
where:
EAE,active = electrical consumption in the
active mode
EAE,standby,off = auxiliary electrical
consumption in the standby mode and
off mode
PE = 2Ec, for fossil fuel-fired heaters tested
according to section 2.10.1 of ANSI
Z21.56 (incorporated by reference; see
§ 430.3) and for electric resistance pool
heaters, in Btu/h
= 3.412 PErated, for fossil fuel-fired heaters
tested according to section 2.10.2 of
ANSI Z21.56, in Btu/h
= Ec,HP * (60/tHP), for heat pump pool heaters,
in Btu/h.
Ec = electrical consumption of the heater
(converted to equivalent unit of Btu),
including the electrical energy to the
recirculating pump if used, during the
30-minute thermal efficiency test, as
defined in section 2.10.1 of ANSI Z21.56
for fossil fuel-fired pool heaters and
section 9.1.4 of ANSI/ASHRAE 146
(incorporated by reference; see § 430.3)
for electric resistance pool heaters, in
Btu per 30 min.
2 = conversion factor to convert unit from per
30 min. to per h.
PErated = nameplate rating of auxiliary
electrical equipment of heater, in Watts
Ec,HP = electrical consumption of the heat
pump pool heater (converted to
equivalent unit of Btu), including the
electrical energy to the recirculating
pump if used, during the thermal
efficiency test, as defined in section 9.1
of ANSI/ASHRAE 146, in Btu.
tHP = elapsed time of data recording during
the thermal efficiency test on heat pump
pool heater, as defined in section 9.1 of
ANSI/ASHRAE 146, in minutes.
BOH = as defined in 5.2 of this appendix
POH = as defined in 5.2 of this appendix
PW,SB (Btu/h) = electrical energy
consumption rate during standby mode
expressed in Btu/h = 3.412 PW,SB, Btu/h
PW,SB = as defined in 4.2 of this appendix
PW,OFF (Btu/h) = electrical energy
consumption rate during off mode
expressed in Btu/h = 3.412 PW,OFF, Btu/
h
PW,OFF = as defined in 4.3 of this appendix
5.4 Integrated thermal efficiency.
5.4.1 Calculate the seasonal useful output
of the pool heater as:
EOUT = BOH[(Et/100)(QIN + PE)]
where:
BOH = as defined in 5.2 of this appendix
Et = thermal efficiency as defined in 5.1 of
this appendix
QIN = as defined in 5.2 of this appendix
PE = as defined in 5.3 of this appendix
100 = conversion factor, from percent to
fraction
E:\FR\FM\24OCP1.SGM
24OCP1
Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
5.4.2 Calculate the annual input to the pool
heater as:
EIN = EF + EAE
where:
EF = as defined in 5.2 of this appendix
EAE = as defined in 5.3 of this appendix
5.4.3 Calculate the pool heater integrated
thermal efficiency (TEI) (in percent).
TEI = 100(EOUT/EIN)
where:
EOUT = as defined in 5.4.1 of this appendix
EIN = as defined in 5.4.2 of this appendix
100 = conversion factor, from fraction to
percent
[FR Doc. 2013–24352 Filed 10–23–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0872; Directorate
Identifier 2013–SW–012–AD]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for
Eurocopter France Model AS332C,
AS332L, AS332L1, AS332L2, EC225LP,
and SA330J helicopters with a certain
tail rotor control turnbuckle
(turnbuckle) installed. This proposed
AD would require inspecting the
turnbuckles for corrosion or a crack, and
depending on the results, either
replacing the turnbuckle or treating the
turnbuckle for corrosion. This proposed
AD is prompted by a report that a
turnbuckle had failed because of
corrosion. The proposed actions are
intended to detect corrosion or a crack
on a turnbuckle and prevent the failure
of a turnbuckle, loss of control of the tail
rotor and subsequent loss of control of
the helicopter.
DATES: We must receive comments on
this proposed AD by December 23,
2013.
SUMMARY:
You may send comments by
any of the following methods:
• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: 202–493–2251.
• Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
mstockstill on DSK4VPTVN1PROD with PROPOSALS
ADDRESSES:
VerDate Mar<15>2010
16:41 Oct 23, 2013
Jkt 232001
63429
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
before the closing date for comments.
We will consider comments filed after
the comment period has closed if it is
possible to do so without incurring
expense or delay. We may change this
proposal in light of the comments we
receive.
Examining the AD Docket
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD No. 2013–
0081, dated March 26, 2013, to correct
an unsafe condition for the Eurocopter
Model SA330J, AS332C, AS332C1,
AS332L, AS332L1, AS332L2, EC225LP
helicopters equipped with tail rotor
control turnbuckles, part number
330A27–5031–20. EASA advises that
one of the two turnbuckles installed on
the tail rotor’s yaw flight control cables
failed on a helicopter because of
corrosion. The subsequent investigation
revealed a lack of Mastinox sealant
coating between both sides of the
turnbuckle’s internal tappings and the
interface screws of the end-fitting
components of the yaw flight control
cables. EASA advises that this likely
caused the corrosion. This condition, if
not detected and corrected, could lead
to failure of a tail rotor control
turnbuckle, resulting in loss of control
of the tail rotor and subsequent loss of
control of the helicopter.
To address this condition, EASA
issued AD No. 2013–0081, which
requires repetitive inspections of each
turnbuckle and, depending on the
results, either replacing the turnbuckle
or treating the turnbuckle for corrosion.
EASA revised its AD and issued AD No.
2013–0081R1, dated June 20, 2013, to
clarify some of the requirements.
You may examine the AD docket on
the Internet at https://
www.regulations.gov or in person at the
Docket Operations Office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
foreign authority’s AD, the economic
evaluation, any comments received, and
other information. The street address for
the Docket Operations Office (telephone
800–647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
For service information identified in
this proposed AD, contact American
Eurocopter Corporation, 2701 N. Forum
Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at https://
www.eurocopter.com/techpub. You may
review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
2601 Meacham Blvd., Room 663, Fort
Worth, Texas 76137.
FOR FURTHER INFORMATION CONTACT:
Robert Grant, Aviation Safety Engineer,
Safety Management Group, FAA, 2601
Meacham Blvd., Fort Worth, Texas
76137; telephone (817) 222–5110; email
robert.grant@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to participate in this
rulemaking by submitting written
comments, data, or views. We also
invite comments relating to the
economic, environmental, energy, or
federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time.
We will file in the docket all
comments that we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
Before acting on this proposal, we will
consider all comments we receive on or
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
FAA’s Determination
These helicopters have been approved
by the aviation authority of France and
are approved for operation in the United
States. Pursuant to our bilateral
agreement with France, EASA, its
technical representative, has notified us
of the unsafe condition described in its
AD. We are proposing this AD because
we evaluated all known relevant
information and determined that an
unsafe condition is likely to exist or
develop on other products of the same
type design.
Related Service Information
On March 14, 2013, Eurocopter issued
Alert Service Bulletin (ASB) No. EC225–
05A031 for Model No. EC225LP
helicopters; ASB No. AS332–05.00.95
for Model AS332C, AS332C1, AS332L,
AS332L1 and AS332L2 and for military
Model AS332B, AS332B1, AS332F1,
E:\FR\FM\24OCP1.SGM
24OCP1
]]>Agencies
[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Proposed Rules]
[Pages 63410-63429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24352]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2013-BT-TP-0004]
RIN 1904-AC94
Energy Conservation Program for Consumer Products: Test
Procedures for Direct Heating Equipment and Pool Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and public meeting.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) proposes to revise its
test procedures for direct heating equipment and pool heaters
established under the Energy Policy and Conservation Act. This
rulemaking will fulfill DOE's statutory obligation to review its test
procedures for covered products at least once every seven years. For
direct heating equipment, the proposed amendments would add provisions
for testing vented home heating equipment that utilizes condensing
technology, and to incorporate by reference six industry test standards
to replace the outdated test standards which are referred to in the
existing DOE test procedure. These industry standards reflect the
current practice in test set-up and test conditions for testing direct
heating equipment. For pool heaters, the proposed amendments would
incorporate by reference ANSI/Air-conditioning, Heating, and
Refrigeration Institute (AHRI) Standard 1160-2009, ``Performance Rating
of Heat Pump Pool Heaters,'' and ANSI/American Society of Heating,
Refrigerating, and Air-conditioning Engineers (ASHRAE) Standard 146-
2011, ``Method of Testing and Rating Pool Heaters,'' to establish a
test method for electric pool heaters (including heat pump pool
heaters). The proposed amendments would also clarify the test
procedure's applicability to oil-fired pool heaters. DOE is also
announcing a public meeting to discuss and receive comments on issues
presented in this test procedure rulemaking.
DATES: Comments: DOE will accept comments, data, and information
regarding this notice of proposed rulemaking (NOPR) before and after
the public meeting, but no later than January 7, 2014. See section V,
``Public Participation,'' for details.
Meeting: DOE will hold a public meeting on Wednesday, December 4,
2013, from 9:00 a.m. to 4:00 p.m., in Washington, DC. The meeting will
also be broadcast as a webinar. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW.,
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at
(202) 586-2945. For more information, refer to section V, ``Public
Participation,'' near the end of this notice of proposed rulemaking.
Interested persons are encouraged to submit comments using the
Federal eRulemaking Portal at www.regulations.gov. Alternatively,
interested persons may submit comments, identified by docket number
EERE-2013-BT-TP-0004 and/or RIN 1904-AC94, by any of the following
methods:
Email: DirectHeatingPoolHeaters2013TP0004@ee.doe.gov.
Include EERE-2013-BT-TP-0004 and/or RIN 1904-AC94 in the subject line
of the message. Submit electronic comments in WordPerfect, Microsoft
Word, PDF, or ASCII file format, and avoid the use of special
characters or any form of encryption.
[[Page 63411]]
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue SW., Washington, DC 20585-0121. If possible, please
submit all items on a compact disc (CD), in which case it is not
necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., 6th
Floor, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V of this document
(Public Participation).
Docket: A link to the docket Web page can be found at: https://www.regulations.gov/# !docketDetail;D=EERE-2013-BT-TP-0004. This Web
page contains a link to the docket for this notice of proposed
rulemaking on the www.regulations.gov site. The www.regulations.gov Web
page contains simple instructions on how to access all documents,
including Federal Register notices, public meeting attendee lists and
transcripts, comments, and other supporting documents/materials in the
docket. See section V, ``Public Participation,'' for information on how
to submit comments through www.regulations.gov.
For information on how to submit a comment, review other public
comments and the docket, or participate in the public meeting, contact
Ms. Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr. John Cymbalsky, 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) 287-1692. Email:
John.Cymbalsky@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.
For information on how to submit or review public comments, contact
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Program, EE-2J,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-2945. Email: Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
A. Test Procedure for Direct Heating Equipment
1. Vented Home Heating Equipment Employing Condensing Technology
2. Updating of Industry Reference Standards
3. Other Issues
B. Test Procedure for Pool Heaters
1. Electric Pool Heaters
2. Other Issues
C. Compliance with Other EPCA Requirements
IV. Procedural Issues and Regulatory Review
A. Administrative Procedure Act
B. Review Under Executive Order 12866
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under Treasury and General Government Appropriations
Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
V. Public Participation
A. Attendance at the Public Meeting
B. Procedure for Submitting Requests to Speak and Prepared
General Statements for Distribution
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (``EPCA'' or ``the Act''), Public Law 94-163 (codified at 42
U.S.C. 6291-6309) sets forth a variety of provisions designed to
improve energy efficiency and establishes the Energy Conservation
Program for Consumer Products Other Than Automobiles.\2\ These include
two covered products that are the subject of today's notice: direct
heating equipment and pool heaters. (42 U.S.C. 6292(a)(9) and (11))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the American Energy Manufacturing Technical
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
---------------------------------------------------------------------------
Under EPCA, this program generally consists of four parts: (1)
Testing; (2) labeling; (3) establishing Federal energy conservation
standards; and (4) certification and enforcement procedures. The
testing requirements consist of test procedures that manufacturers of
covered products must use as the basis for making representations about
the efficiency of those products, including representations to DOE of
compliance with applicable energy conservation standards adopted
pursuant to EPCA. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s)) Similarly, DOE
must use these test requirements to determine whether the products
comply with any relevant standards promulgated under EPCA. (42 U.S.C.
6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
that DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides, in relevant part, that any test
procedures prescribed or amended under this section must 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 must
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. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine the extent to which the proposed test
procedure would alter the product's measured energy efficiency. (42
U.S.C. 6293(e)(1)) If DOE determines that the amended test procedure
would alter the measured energy efficiency of a covered product, DOE
must amend the applicable energy conservation standard accordingly. (42
U.S.C. 6293(e)(2))
Further, the Energy Independence and Security Act of 2007 (EISA
2007) amended EPCA to require that at least once every 7 years, DOE
must review test procedures for all covered products and either amend
test procedures (if the Secretary determines that amended test
procedures would more accurately or fully comply with the requirements
of 42 U.S.C. 6293(b)(3)) or publish notice in the Federal Register of
any determination not to amend a test procedure. (42 U.S.C.
6293(b)(1)(A)) Under this requirement, DOE must review the test
procedures for the
[[Page 63412]]
various types of direct heating equipment and pool heaters not later
than December 19, 2014 (i.e., 7 years after the enactment of EISA
2007). The final rule resulting from this rulemaking will satisfy this
requirement.
There are separate test procedures for the two types of direct
heating equipment (i.e., vented home heating equipment and unvented
home heating equipment), specifically 10 CFR 430.23(g) and 10 CFR part
430, subpart B, appendix G for unvented home heating equipment
(``unvented heater''); and 10 CFR 430.23(o) and 10 CFR part 430,
subpart B, appendix O for vented home heating equipment (``vented
heater''). The vented heater test procedures include provisions for
determining energy efficiency (annual fuel utilization efficiency
(AFUE)), as well as annual energy consumption. Unvented heaters are
broken into two groups: those used as the primary heating source for
the home and those not used for this purpose. There are no provisions
for calculating either the energy efficiency or annual energy
consumption of unvented heaters that are not used as the primary
heating source for the home. For unvented heaters that are used as the
primary heating source for the home, there is a calculation of annual
energy consumption based on a single assignment of active mode hours;
there is no provision for calculation of energy efficiency.
DOE's test procedures for pool heaters are found at 10 CFR
430.23(p) and 10 CFR part 430, subpart B, appendix P. The test
procedures include provisions for determining two energy efficiency
descriptors (i.e., thermal efficiency and integrated thermal
efficiency), as well as annual energy consumption.
In addition to the test procedure review provision discussed above,
EISA 2007 also amended EPCA to require DOE to amend its test procedures
for all covered products to include measurement of standby mode and off
mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) DOE recently
completed a rulemaking to consider amending its test procedures for
direct heating equipment and pool heaters to include provisions for
measuring the standby mode and off mode energy consumption of those
products. DOE published a notice of proposed rulemaking (NOPR) in the
Federal Register on August 30, 2010, which proposes amendments to the
DOE test procedures for heating products to account for the standby
mode and off mode energy consumption of these products, as required
under EPCA.\3\ 75 FR 52892. DOE published a supplemental notice of
proposed rulemaking (SNOPR) in the Federal Register on September 13,
2011, which calls for the use of the second edition of International
Electrotechnical Commission (IEC) Standard 62301, ``Household
Electrical Appliances--Measurement of standby power,'' in lieu of the
first edition and also provides guidance on rounding and sampling. 76
FR 56347. DOE published a final rule adopting standby mode and off mode
provisions for heating products in the Federal Register on December 17,
2012. 77 FR 74559. That rulemaking was limited to test procedure
amendments to address standby mode and off mode requirements; it did
not address several other potential issues in DOE's existing test
procedures for the covered products. DOE addresses these non-standby/
off mode issues separately in today's NOPR.
---------------------------------------------------------------------------
\3\ For more information, please visit DOE's Web site at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/waterheaters.html.
---------------------------------------------------------------------------
On October 12, 2011, DOE published in the Federal Register a
request for information (RFI) that identified and requested comment on
a number of issues regarding the test procedures for direct heating
equipment and pool heaters. 76 FR 63211.\4\ DOE accepted comments and
information on the October 2011 RFI until November 28, 2011 and
considered all feedback received when developing the proposals
contained in this notice of proposed rulemaking. Each of the issues
raised in the October 2011 RFI are discussed in detail in section III,
along with comments received on the issues and DOE's responses. In
addition, several topics not addressed in the October 2011 RFI, but
brought up by interested parties in their comments, are discussed in
section III of this NOPR.
---------------------------------------------------------------------------
\4\ The October 2011 RFI also requested information on the need
to amend the test procedures for residential water heaters. However,
because the American Energy Manufacturing and Technical Corrections
Act amended EPCA to require that DOE develop a uniform efficiency
descriptor for residential and commercial water heaters (42 U.S.C.
6295(e)(5)), DOE is addressing test procedure updates for that
product in a separate rulemaking.
---------------------------------------------------------------------------
II. Summary of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to modify the current test procedures
for direct heating equipment and pool heaters. For direct heating
equipment, the proposed amendments would add provisions for testing
vented home heating equipment that utilizes condensing technology, and
update all references in the existing test procedure. For pool heaters,
the proposed amendments would incorporate by reference ANSI/Air-
conditioning, Heating, and Refrigeration Institute (AHRI) Standard
1160-2009, ``Performance Rating of Heat Pump Pool Heaters,'' and ANSI/
American Society of Heating, Refrigerating, and Air-conditioning
Engineers (ASHRAE) Standard 146-2011, ``Method of Testing and Rating
Pool Heaters,'' to establish testing procedures for electric (including
heat pump) pool heaters. The proposed amendments for pool heaters would
also clarify the test procedure's applicability to gas-fired and oil-
fired pool heaters. The following paragraphs summarize these proposed
changes for both product types.
For direct heating equipment, DOE proposes in today's NOPR to
incorporate by reference the following six current industry standards
to replace the outdated standards referenced in the existing DOE test
procedure: (1) ANSI/ASHRAE 103-2007, ``Method of Test for Annual Fuel
Utilization Efficiency of Residential Central Furnaces and Boilers'';
(2) ANSI Z21.86-2008, ``Gas-Fired Space Heating Appliances''; (3) ASTM
D2156-09, ``Standard Test Method for Smoke Density in Flue Gases from
Burning Distillate Fuels''; (4) UL 729-2003, ``Standard for Safety for
Oil-Fired Floor Furnaces''; (5) UL 730-2003, ``Standard for Safety for
Oil-Fired Wall Furnaces''; and (6) UL 896-1993, ``Standard for Safety
for Oil-Burning Stoves.'' DOE also proposes to establish a test method
to determine the annual fuel utilization efficiency of vented home
heating products that use condensing technology. Lastly, DOE proposes
to reduce the test burden for floor furnaces by allowing a default
assigned value for jacket loss in lieu of testing.
For pool heaters, DOE clarifies in today's NOPR the applicability
of the test method for oil-fired products. DOE also proposes to adopt
new provisions for testing electric pool heaters, including heat pump
pool heaters. DOE proposes that electric pool heaters be tested in
accordance with ASHRAE Standard 146-2011, and that heat pump pool
heaters be tested using the test method prescribed in AHRI 1160-2009
with an accompanying conversion of the Coefficient of Performance
metric used in that standard to thermal efficiency as required by EPCA.
(42 U.S.C. 6291(22)(E))
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
[[Page 63413]]
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)) For both direct heating
equipment and pool heaters, DOE has tentatively determined that the
proposed test procedure amendments would have a de minimis impact on
the products' measured efficiency. A full discussion of the rationale
for this tentative conclusion is provided in section III.C below.
III. Discussion
In response to the October 2011 RFI, DOE received eight written
comments related to two covered products, direct heating equipment
(DHE) and pool heaters, from the following interested parties: American
Council for an Energy-Efficient Economy (ACEEE), American Gas
Association (AGA), Air-Conditioning, Heating, and Refrigeration
Institute (AHRI), Empire Stove, Hearth & Home Technologies (HHT),
National Propane Gas Association (NPGA), Hearth, Patio & Barbecue
Association (HPBA), and Miles Industries Ltd. (Miles Industries). These
interested parties commented on a range of issues, including those DOE
identified in the October 2011 RFI, as well as several other pertinent
issues. The issues on which DOE received comment, DOE's responses to
those comments, and the proposed changes to the test procedures for
direct heating equipment and pool heaters resulting from those comments
are discussed in the subsections immediately below.
DOE notes that, because of a recent decision of the U.S. Court of
Appeals for the District of Columbia (DC Circuit), DOE is not
addressing the comments relating to the application of the test
procedure to vented hearth heaters. On February 8, 2013, the DC Circuit
issued a decision vacating the DOE definition of ``Vented hearth
heater'' at 10 CFR 430.2, and remanded the issue to DOE to interpret
the challenged provisions consistent with the court's opinion. Hearth,
Patio & Barbecue Association v. U.S. Department of Energy, 706 F.3d
499, 509 (D.C. Cir. 2013). DOE will address the comments received on
the October 2011 RFI regarding the application of the DHE test
procedures to vented hearth heaters in a separate rulemaking devoted to
those products.
A. Test Procedure for Direct Heating Equipment
In response to the October 2011 RFI, DOE received comments from
eight interested parties, all of which addressed the DOE test
procedures for direct heating equipment. (AGA, AHRI, Miles Industries,
HPBA, Empire Stove, HHT, ACEEE, and NPGA) Generally, the comments were
supportive of DOE's efforts to update, improve, and clarify its test
procedures for DHE. The comments focused on two key issues: (1)
Clarification of the test procedures as applied to vented hearth
heating products; and (2) the expansion of the test procedures to
accommodate DHE with condensing technology. Regarding the first issue,
as noted above, DOE will address comments related to vented hearth
heaters in a later rulemaking. Regarding the second issue, as part of
DOE's overall review of test procedures, these proposed DHE amendments
include a complete updating of references to industry standards used in
the DHE test procedures and modifications to the test procedures for
jacket loss measurement.
1. Vented Home Heating Equipment Employing Condensing Technology
DOE received comments on the October 2011 RFI that encouraged DOE
to develop and adopt new test procedure provisions to properly measure
the efficiency of gas-fired direct heating equipment designed to
operate using condensing technology. (Empire, No. 7 at p. 1; AHRI, No.
12 at p. 3; HPBA, No. 26 at p. 1)
Condensing technology is a design strategy that increases the
efficiency of a heating appliance by extracting additional thermal
energy from the flue gases, thereby reducing the flue gas temperatures
and air flow such that the water vapor created in the combustion
process becomes a liquid condensate. Normally, in non-condensing
systems, the water vapor created in the combustion process remains as a
vapor and is removed through the flue system along with the other
products of combustion. However, in condensing systems, the condensing
of the water vapor is a result of the reduction in the overall flue
energy loss of the flue gas (i.e., an energy efficiency improvement).
The test procedures for furnaces and boilers have provisions to account
for the increased efficiency of models that utilize condensing
technology. However, no such provisions are included in the existing
test procedures for vented heaters.
Today's proposed amendments would account for the increased
efficiency of vented direct heating equipment utilizing condensing
technology. The proposed amendments are similar to those found in DOE's
furnace and boiler test procedures (10 CFR Part 430, Subpart B,
Appendix N), with differences and clarifications appropriate for the
vented direct heating equipment product type. More specifically, the
additional provisions proposed for vented heaters are essentially the
same as those contained in the latest version of the ANSI/ASHRAE
Standard 103-2007, ``Method of Testing for Annual Fuel Utilization
Efficiency of Residential Central Furnaces and Boilers.'' DOE is
proposing that ANSI/ASHRAE 103-2007 be incorporated by reference into
these test procedures by this NOPR for purposes of certain other AFUE
test provisions. However, because of the numerous clarifications and
modifications needed to apply the condensing technology provisions of
the industry standard for furnaces and boilers to vented heaters, DOE
proposes incorporating the condensing procedures as stand-alone
amendments to DOE's vented heater test procedure, rather than
incorporating by reference select provisions of ANSI/ASHRAE Standard
103-2007.
Basically, the proposed amendments for vented heaters with
condensing technology would utilize a condensate collection methodology
that requires a separate test to be run to quantify directly the extent
of the efficiency credit appropriate for a given vented heater's
particular design of condensing technology. This methodology requires
direct collection of liquid condensate. For vented heaters employing
condensing technology that are not designed to collect and dispose of
liquid condensate, the amendments clarify that such means must be
provided during testing. The duration of the condensate collection test
time would be 30 minutes for steady-state testing and 1-2 hours for
cyclic testing.
DOE is interested in receiving comment on the adequacy of the
proposed provisions for determining the efficiency improvement
associated with vented heaters that utilize condensing technology. DOE
is also interested in any further clarifications or modifications that
might be necessary. This is identified as issue 1 in section V.E,
``Issues on Which DOE Seeks Comment.''
2. Updating of Industry Reference Standards
The October 2011 RFI sought comment on other relevant issues that
would affect the test procedures for direct heating equipment (both
vented type and unvented type). 76 FR 63211, 63215 (Oct. 12, 2011).
Interested parties were encouraged to provide comments on any aspect of
the test procedure, including updates to referenced
[[Page 63414]]
standards, as part of this comprehensive 7-year-review rulemaking.
AGA commented that the existing test procedure for direct heating
equipment cites installation requirements from ANSI standards for
vented wall furnaces and vented floor furnaces but does not reference
the applicable ANSI standard for vented room heaters. (AGA, No. 13 at
pp. 2-3) Accordingly, AGA recommended that DOE revise section 2.1.3 of
the DOE test procedure in order to provide complete installation
requirements for testing of vented room heaters based on the applicable
ANSI design certification standards, which AGA identified as ANSI
Z21.11, ``Gas Fired Room Heaters.''
In addition to addressing this referencing concern pointed out by
AGA, DOE is taking this opportunity to fully review all the referenced
standards in the DHE test procedure as part of this 7-year review
process. The following is a list of the shorthand titles and full
titles of all the referenced standards currently used and proposed for
use in the DHE test procedure.
Standards Currently Used in Existing Test Procedures for DHE:
``ANSI Standard Z21.11.1-1974'' means the American National
Standard for Gas-Fired Room Heaters.
``ANSI Standard Z21.44-1973'' means the American National Standard
for Gas-Fired Gravity and Fan Type Direct Vent Wall Furnaces.
``ANSI Standard Z21.48-1976'' means the American National Standard
for Gas-Fired Gravity and Fan Type Floor Furnaces.
``ANSI Standard Z21.49-1975'' means the American National Standard
for Gas-Fired Gravity and Fan Type Vented Wall Furnaces.
``ANSI Standard Z91.1-1972'' means the American National Standard
for Performance Standards for Oil-Powered Central Furnaces.
``ANSI Standard Z11.182-1965 (R1971) (ASTM D 2156-65 (1970))''
means the standard published by the American Society of Testing and
Materials titled, ``Standard Test Method for Smoke Density in Flue
Gases from Burning Distillate Fuels.''
``UL 729-1976'' means the Underwriters Laboratories standard for
Oil-Fired Floor Furnaces.
``UL 730-1974'' means the Underwriters Laboratories standard for
Oil-Fired Wall Furnaces.
``UL 896-1973'' means the Underwriters Laboratories standard for
Oil-Burning Stoves.
Standards Proposed for Use in the Test Procedures for DHE:
``ANSI/ASHRAE 103-2007'' means the test standard published by the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers titled, ``Method of Test for Annual Fuel Utilization
Efficiency of Residential Central Furnaces and Boilers.''
``ANSI Z21.86-2008'' means the standard published by the American
National Standards Institute titled, ``Vented Gas-Fired Space Heating
Appliances.''
``ASTM D2156-09'' means the standard published by the American
Society of Testing and Materials titled, ``Standard Test Method for
Smoke Density in Flue Gases from Burning Distillate Fuels.''
``UL 729-2003'' means the test standard published by the
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Fired Floor Furnaces.''
``UL 730-2003'' means the test standard published by the
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Fired Wall Furnaces.''
``UL 896-1993'' means the test standard published by the
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Burning Stoves.''
As a result of the full review, DOE proposes a number of changes.
In most cases, the proposed changes reflect the updating of the
specific references to the most current version. This updating allows
for new users of the test procedures to execute the DOE test procedures
without depending on outdated standards which may be difficult to
obtain. In some cases, the updated reference bundles several of the
current references under a new title. This is the case where the
current separate ANSI standards for wall furnaces, floor furnaces, and
room heaters have been combined into a single standard for these three
types of vented heaters. This new standard is titled, ``Vented Gas-
Fired Space Heating Appliances'' referred to as ``ANSI Z21.86-2008'' in
the proposed amendments. ANSI Z21.86-2008 is proposed for purposes of
specifying the testing procedures related to circulation air, section
2.5, and location of temperature measuring instrumentation, section
2.6.1. In addition, DOE is proposing to use ANSI Z21.86-2008 to specify
the installation instructions for direct vent (section 6.1.3 and figure
6) and non-direct vent (section 8.1.3 and figure 7 or figure 10) wall
furnaces. However, since ANSI Z21.86-2008 does not include installation
specifications for vented room heaters and vented floor furnaces, the
installation specifications of the corresponding UL standard for that
product type would be used. Although the UL standards typically are
used for oil-fired equipment and the ANSI standards typically are used
for gas-fired equipment, in the existing DOE test procedure, where
there is no distinction between installation provisions, the UL
standards are cited in application to both gas and oil vented heaters
(i.e., section 2.1.2). As there are no installation specifications
available in ANSI Z21.86-2008 for vented room heaters and vented floor
furnaces, DOE tentatively proposes to follow this approach and use the
corresponding UL standards for installation provisions.
Finally, in three places (sections 2.3 Fuel supply, 2.4 Burner
adjustments, and 3.2 Jacket loss), DOE proposes to use a new reference
thought to be more appropriate for these test procedures. Specifically,
ANSI/ASHRAE Standard 103-2007, ``Method of Testing for Annual Fuel
Utilization Efficiency of Residential Furnaces and Boilers,'' is
proposed for use in lieu of three older standards referenced in these
three sections of the existing DOE test procedure. DOE believes this
migration to ANSI/ASHRAE Standard 103 is appropriate because it is
essentially the same test method used in the current DHE test procedure
(i.e., the AFUE test method) and incorporates the latest industry
consensus on such testing without the need to depend on other
references. DOE tentatively concludes that these changes and updates
would neither result in any material differences in test results nor
increase the test procedure burden.
DOE proposes to list all of the referenced industry standards in 10
CFR 430.3, Materials incorporated by reference. As explained above, DOE
tentatively concludes that these incorporation by reference changes and
updates would neither result in any material differences in the test
results nor increase test procedure burden. DOE solicits comment on
this tentative conclusion, as well as the adequacy of the proposed
updating of referenced standards. DOE is also interested in any further
clarification or modifications that may be necessary. This is
identified as issue 2 in section V.E, ``Issues on Which DOE Seeks
Comment.''
3. Other Issues
As part of its review of the existing test procedures, DOE
identified three additional test procedure issues that it believes
should be addressed in this rulemaking: (1) The jacket loss test for
floor furnaces; (2) testing of manually controlled vented heaters; and
(3) clarification of section 3.3 tracer gas procedures as applied to
vented heaters without thermal stack dampers.
[[Page 63415]]
First, DOE noticed that the jacket loss measurement test, which is
required for all vented floor furnaces by section 3.2 of the existing
DOE test procedure, is inconsistent as compared to the similar
procedures required for outdoor-installed (weatherized) furnaces and
boilers. The current jacket loss test for DHE uses the procedures from
outdated ANSI Standard Z21.48-1975. (As mentioned above in the
discussion about updating references, the newly proposed industry
reference for jacket loss testing is ANSI/ASHRAE Standard 103-2007).
The jacket loss test in ANSI Standard Z21.48-1975, as well as the
essentially identical provisions of ANSI/ASHRAE Standard 103-2007,
represent a considerable test burden. In view of this burden, the DOE
test procedures for furnaces and boilers, through the referencing of
ANSI/ASHRAE Standard 103-1993, allow for an assignment of jacket loss
in lieu of testing. The assigned jacket loss value of 1 percent for
furnaces and boilers is thought to be a reasonably conservative value
(i.e., one that typically would be higher than the tested value). This
allows for the manufacturer to weigh the burden of jacket loss testing
against the likely conservative rating associated with a default value.
This conservative default value approach is used throughout the DOE
test procedures where appropriate (e.g., cyclic degradation coefficient
assignment for central air conditioners, jacket loss assignment for
furnaces and boilers). In consideration of the test burden associated
with the jacket loss test and the desire for consistency across the
test procedures, DOE has tentatively concluded that manufacturers
should be allowed the choice either to conduct actual jacket loss
testing or to accept a reasonably conservative default value under the
DHE test procedure. Accordingly, DOE is proposing that section 3.2,
Jacket loss measurement, be amended to include the option of assigning
the value of one percent for the jacket loss in lieu of testing.
DOE solicits comment on adding this allowance and the
appropriateness of the assigned value of 1 percent. This is identified
as issue 3 in section V.E, ``Issues on Which DOE Seeks Comment.''
A second issue that was identified during DOE's review is the lack
of an equation in the calculation procedures for manually controlled
vented heaters. Specifically, section 4.2.4 Weighted-average steady-
state efficiency, does not have a defining equation, so DOE is
proposing an amendment to remedy this oversight, a matter of particular
importance in terms of capturing latent heat loss.
The final issue identified in DOE's review was the need to clarify
the application of the tracer gas procedures in section 3.3 for units
not employing a thermal stack damper. To explain, it is noted that
section 3.3 and 4.3 outlines a testing and calculation procedure that
must be used to evaluate the efficiency of vented heaters employing a
thermal stack damper. In the calculation section 4.3 it is noted that
all vented heaters may use this procedure as an option. Although this
option is clearly stated in the calculation section and no modification
to the calculations are necessary, some clarification is felt necessary
in the actual testing provisions of section 3.3 to accommodate vented
heaters not employing thermal stack dampers. For example the location
of tracer gas introduction is not fully explained in the existing
procedures for vented heaters not employing a thermal stack damper.
Finally, DOE proposes to correct typographical errors regarding the
equation in section 4.3.6 of appendix O. Specifically, DOE is proposing
to add a missing minus (``-'') sign and replace a plus (``+'') sign
with a multiplication symbol (``x''). These errors are obviously
typographical in nature because similar efficiency equations in other
parts of the test procedures, as well as those used in industry
standards, do not include these errors. The relevant industry groups
have determined the correct format of this equation since its adoption
and have been utilizing the correct format when testing and rating
product efficiency. DOE is interested in receiving comment on any other
corrections that might be needed in this review of the DHE test
procedures.
B. Test Procedure for Pool Heaters
1. Electric Pool Heaters
DOE's test procedures for pool heaters are found at 10 CFR
430.23(p) and 10 CFR part 430, subpart B, appendix P. In its definition
of ``efficiency descriptor,'' EPCA specifies that for pool heaters, the
efficiency descriptor shall be ``thermal efficiency.'' (42 U.S.C.
6291(22)(E)) Further, EPCA defines the ``thermal efficiency of pool
heaters'' as the ``measure of the heat in the water delivered at the
heater outlet divided by the heat input of the pool heater as measured
under test conditions specified in section 2.8.1 of the American
National Standard for Gas Fired Pool Heaters, Z21.56-1986, or as may be
prescribed by the Secretary.'' \5\ (42 U.S.C. 6291(26)) Current energy
conservation standards for pool heaters do not account for standby mode
and off mode energy use.
---------------------------------------------------------------------------
\5\ In an August 2010 NOPR, DOE proposed to use the most recent
version of this standard, ANZI Z21.56-2006. 75 FR 52892, 52899-901
(August 30, 2010).
---------------------------------------------------------------------------
As part of a recent test procedure rulemaking, DOE prescribed a new
efficiency metric for pool heaters, titled ``integrated thermal
efficiency.'' 77 FR 74559 (Dec. 17, 2012).\6\ This prescribed
integrated thermal efficiency metric builds on the existing thermal
efficiency metric to include electrical energy consumption during
standby mode and off mode operation, as required by EISA 2007. (42 U.S
C. 6295(gg)(2)(A)) The amended test procedure was effective 30 days
after publication of the final rule. Until such time as compliance is
required with amended energy conservation standards that account for
standby mode and off mode energy consumption, manufacturers must
continue using the thermal efficiency metric for certification and
compliance purposes. However, if manufacturers choose to make written
statements regarding standby mode and off mode energy efficiency, those
representations must be based on the amended test procedure as of June
17, 2013, 180 days after the date of publication of the test procedure
final rule.
Because certain types of pool heaters are powered by energy sources
other than gas, DOE requested comments in the October 2011 RFI
regarding the appropriateness of the currently incorporated ANSI Z21.56
test method, titled ``Gas-Fired Pool Heaters,'' for testing pool
heaters that operate with electricity (including heat pump pool
heaters) or oil. 76 FR 63211, 63215-16 (Oct. 12, 2011). In the October
2011 RFI, DOE tentatively concluded that the test procedure for pool
heaters at 10 CFR part 430, subpart B, appendix P already contains
provisions to allow the ANSI Z21.56 test method to be applied to oil-
fired pool heaters, and, therefore, no further action is necessary for
those products. DOE received no comments that were contrary to this
conclusion.
In a December 2009 NOPR for energy conservation standards for
heating products, DOE concluded that, as currently drafted, the DOE
test procedure for pool heaters is not suitable for measuring energy
efficiency for electric pool heaters (including heat pump pool
heaters). 74 FR 65852, 65866-67 (Dec. 11, 2009). In the October 2011
RFI, DOE noted that for electric pool heaters (including those units
[[Page 63416]]
using heat pump technology), the fuel source is electricity (measured
in watts) instead of gas (measured in Btu/h), but ``thermal
efficiency,'' as required under EPCA and determined using ANSI Z21.56,
is a measure of heat delivered to the water at the heater outlet (in
Btu/h) divided by the heat input (in Btu/h) of the fuel. 76 FR 63211,
63215-16 (Oct. 12, 2011). It is technically feasible to develop an
integrated thermal efficiency rating for a heat pump pool heater by
converting the power input in watts to the input in Btu/h (which can be
done for both the power used during active mode and during standby mode
and off mode). However, if such an integrated thermal efficiency metric
were applied to heat pump pool heaters, DOE noted that the numerical
result would be efficiency ratings of over 100 percent, which may
necessitate some reeducation among consumers because heat pumps are
typically rated using industry standards for Coefficient of Performance
(COP). In contrast, electric pool heaters that operate with resistance
heating (as opposed to heat pump technology), are typically rated with
a thermal efficiency metric. Consequently, DOE noted in the October
2011 RFI that the ratings for electric pool heaters using these two
competing technologies are not always directly comparable. Id. at
63215. Another consideration for heat pump pool heaters is that
performance depends upon the ambient temperature and humidity, so
environmental conditions for testing are much more important for heat
pump pool heaters than for gas-fired pool heaters.
Because of these factors, DOE's October 2011 RFI requested comment
on the potential to update the pool heater test procedures by adding
provisions to address electric heat pump pool heaters through use of a
COP metric drawn from industry standards, coupled with a separate
conversion to thermal efficiency (i.e., the regulating metric specified
in EPCA) and integrated thermal efficiency (i.e., the new regulating
metric incorporating standby mode and off mode energy consumption as
required by EISA 2007). Id. at 63216.
On this topic, DOE received comments from AHRI and ACEEE that
supported the expansion of the test method to include electric pool
heaters. AHRI further commented that DOE should not integrate the
standby mode and off mode energy consumption into an integrated thermal
efficiency metric. (AHRI, No. 12 at p. 3; ACEEE, No. 24 at p. 4)
After carefully considering these public comments, DOE is proposing
to add test methods that are applicable to heat pump pool heaters and
electric resistance pool heaters. DOE proposes to amend its pool heater
test procedure by adding a proposed test method for heat pump pool
heaters that would reference ANSI/AHRI Standard 1160-2009,
``Performance Rating of Heat Pump Pool Heaters,'' and ANSI/ASHRAE
Standard 146-2011, ``Method of Testing and Rating Pool Heaters.''
Additionally, DOE proposes to amend its pool heater test procedure by
adding a proposed test method for electric resistance pool heaters that
references ANSI/ASHRAE Standard 146-2011, ``Method of Testing and
Rating Pool Heaters.'' DOE has tentatively concluded that incorporation
of these industry test standards is appropriate, because they represent
current best practices for these pool heater products.
Because the statute requires use of an integrated metric where
technically feasible (as is the case here), DOE proposes to maintain
the integrated thermal efficiency metric in the test procedure, as set
forth in the final rule published on December 17, 2012. 77 FR 74559.
Once DOE arrives at the thermal efficiency value for electric pool
heaters, that value will feed into the integrated thermal efficiency
calculation, which is applicable for all types of pool heaters.
Although DOE may prescribe amended test procedures in the final
rule, manufacturers are not required to certify compliance for electric
heat pump and electric resistance pool heaters until such time as DOE
sets minimum energy conservation standards for those products (which
will include energy consumption in active, standby, and off modes).
Prior to DOE setting minimum energy conservation standards for electric
heat pump and electric resistance pool heaters, any representations as
to the energy efficiency or energy use of those products must be based
on the amended test procedure within 180 days after the effective date
of the test procedure final rule. Manufacturers of heat pump pool
heaters would be able to use the COP metric, the integrated thermal
efficiency metric, or both for making efficiency representations until
an energy conservation standard is set.
EPCA requires the use of the integrated thermal efficiency metric
for all pool heaters, including electric resistance and heat pump pool
heaters, upon the compliance date for new energy conservation
standards. Therefore, if DOE were to set energy conservation standards
for heat pump pool heaters and electric resistance pool heaters,
manufacturers would then be required to rate their products using the
integrated thermal efficiency metric, although manufacturers of heat
pump pool heaters would still have the option of making supplemental
representations of efficiency using the COP metric. DOE is proposing to
include an approach to determine the integrated thermal efficiency
based on a COP value for heat pump pool heaters.
2. Other Issues
In addition to the changes for electric pool heaters described in
the previous section, DOE is also clarifying that the DOE test
procedure is applicable to oil-fired pool heaters, despite the
incorporation of a test method titled ``Gas-Fired Pool Heaters.''
Section 4.1.1 of that test method contains a provision to compute the
energy used when oil is the fuel, as opposed to natural gas.
DOE also seeks comments on other relevant issues that would affect
the test procedures for pool heaters. Although DOE has attempted to
identify those portions of the test procedure where it believes
amendments may be warranted, interested parties are welcome to provide
comments on any aspect of the test procedure as part of this
comprehensive 7-year-review rulemaking.
C. Compliance With Other EPCA Requirements
As mentioned in the summary at section II above, in amending a test
procedure, EPCA directs DOE to determine to what extent, if any, the
test procedure would alter the measured energy efficiency or measured
energy use of a covered product. (42 U.S.C. 6293(e)(1)) If the amended
test procedure alters the measured energy efficiency or measured energy
use, the Secretary must amend the applicable energy conservation
standard accordingly. (42 U.S.C. 6293(e)(2)) The current energy
conservation standards for direct heating equipment and pool heaters
are based on existing test procedure efficiency metrics--AFUE and
thermal efficiency (Et), respectively.
The proposed test procedure amendments for DHE generally do not
contain changes that would materially alter the measured energy
efficiency of equipment. Rather, most of the proposed changes represent
clarifications that would improve the uniform application of the test
procedures for certain product types. Any change in the reported
efficiency that might be associated with these clarifications is
tentatively expected to be de minimis.
Consistent with 42 U.S.C. 6293(c), any representations of energy
consumption of vented heaters must be based on any final amended test
procedures 180 days
[[Page 63417]]
after the publication of the test procedure final rule. Until that
time, manufacturers may make such representations based either on the
final amended test procedures or on the previous test procedures, set
forth at 10 CFR part 430, subpart B, appendix O as contained in the 10
CFR parts 200 to 499 edition revised as of January 1, 2013. Consistent
with 42 U.S.C. 6291 (8), representations of energy consumption means
measures of energy use (including for this product, active mode,
standby mode, and off mode energy use), annual operating cost, energy
efficiency (including for this product, Annual Fuel Utilization
Efficiency (AFUE)), or other measure of energy consumption. DOE notes
that manufacturers must use the same test procedure for both
representations of energy efficiency and certifications of compliance.
Today's proposal does not include any changes to the current
standby mode and off mode testing procedures and calculations as
established in the December 2012 final rule. 77 FR 74559 (Dec. 17,
2012). Although fossil fuel standby mode and off mode energy
consumption were already captured in the existing AFUE metric, the
December 2012 final rule required manufacturers to use the new test
procedures for determining electrical standby mode and off mode energy
consumption in Appendix O beginning on June 17, 2013. Certifications of
compliance with the electrical standby mode and off mode energy
consumption standards are not required until the compliance date of DOE
standards that include electrical standby mode and off mode energy
consumption.
The proposed test procedure amendments for pool heaters would not
alter the measured efficiency of equipment covered by the existing test
procedure. However, it would provide a new method of test for electric
resistance and heat pump pool heaters, which are not currently subject
to energy conservation standards by DOE. Therefore, DOE has tentatively
concluded that there is no need to address the impact of these
amendments on current energy conservation standards for pool heaters.
Consistent with 42 U.S.C. 6293(c), any representations of energy
consumption of pool heaters must be based on any final amended
procedures and calculations in appendix P starting 180 days after the
publication of any final amended test procedures. Until that time,
manufacturers of gas-fired and oil-fired pool heaters may make such
representations based either on the final amended test procedures or on
the previous test procedures, set forth at 10 CFR part 430, subpart B,
appendix P as contained in the 10 CFR parts 200 to 499 edition revised
as of January 1, 2013. Consistent with 42 U.S.C. 6291 (8),
representations of energy consumption means measures of energy use
(including for this product, active mode, standby mode, and off mode
energy use), annual operating cost, energy efficiency (including for
this product, thermal efficiency (Et), or integrated thermal
efficiency (TEI)), or other measure of energy consumption.
Again, DOE notes that manufacturers must use the same test procedure
for both representations of energy efficiency and certifications of
compliance.
There are currently no energy conservation standards for electric
resistance pool heaters, heat pump pool heaters, or oil-fired pool
heaters. Upon the compliance date of any final energy conservation
standards for these types of pool heaters, use of any final test
procedures in appendix P will be required to demonstrate compliance.
There are also currently no energy conservation standards for the
standby mode and off mode energy use of gas-fired pool heaters. Upon
the compliance date of any energy conservation standards that
incorporate standby mode and off mode energy consumption for gas-fired
pool heaters (i.e., for this product, a standard expressed as
integrated thermal efficiency (TEI)), use of any final test
procedures in appendix P will be required to demonstrate compliance.
IV. Procedural Issues and Regulatory Review
A. Administrative Procedure Act
DOE expects that any final rule in this proceeding would be
effective 30 days after the date of publication of that final rule.
B. Review Under Executive Order 12866
The Office of Management and Budget has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' 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 the Executive Order
by the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB).
C. 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
(IFRA) for any rule that by law must be proposed for public comment and
a final regulatory flexibility analysis (FRFA) for any such rule that
an agency adopts as a final rule, 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: www.gc.doe.gov/gc/office-general-counsel.
Today's proposed rule would prescribe test procedure amendments
that would be used to determine compliance with energy conservation
standards for direct heating equipment and pool heaters. For direct
heating equipment, the proposed amendments would add provisions for
testing vented home heating equipment that utilizes condensing
technology, and incorporate by reference the most appropriate or recent
versions of several industry standards referenced in the DOE test
procedure for the purposes of test set-up and installation
specifications. For pool heaters, the proposed amendments would
incorporate by reference ANSI/AHRI Standard 1160-2009 and ANSI/ASHRAE
Standard 146-2011 to establish testing procedures for electric
(including heat pump) pool heaters. The proposed amendments for pool
heaters would also clarify the test procedure's applicability to oil-
fired pool heaters. DOE reviewed today's proposed rule under the
provisions of the Regulatory Flexibility Act and the policies and
procedures published on February 19, 2003. 68 FR 7990.
1. Reasons for, Objectives of, and Legal Basis for the Proposed Rule
The reasons for, objectives of, and legal basis for the proposed
rule are stated elsewhere in the preamble and are not repeated here.
2. Description and Estimated Number of Small Entities Regulated
For the manufacturers of the covered products, the Small Business
[[Page 63418]]
Administration (SBA) has set a size threshold, which defines those
entities classified as ``small businesses'' for the purposes of the
statute. DOE used the SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. 65 FR 30836, 30848-49 (May 15, 2000), as amended at 65 FR 53533,
53544-45 (Sept. 5, 2000) and codified at 13 CFR part 121. The size
standards are listed by North American Industry Classification System
(NAICS) code and industry description and are available at https://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. DHE and pool heater manufacturing are classified under
NAICS 333414--``Heating Equipment (except Warm Air Furnaces)
Manufacturing.'' The SBA sets a threshold of 500 employees or less for
an entity to be considered as a small business for both of these
categories.\7\
---------------------------------------------------------------------------
\7\ In the December 2009 NOPR, DOE mistakenly listed gas-fired
pool heater manufacturing under NAICS code 335228. 74 FR 65852,
65984 (Dec. 11, 2009). The correct classification for pool heater
manufacturing is NAICS 333414. Both NAICS categories have the same
500 employee limit.
---------------------------------------------------------------------------
To estimate the number of companies that could be small business
manufacturers of products covered by this rulemaking, DOE conducted a
market survey using available public information to identify potential
small manufacturers. DOE's research involved reviewing several industry
trade association membership directories (e.g., AHRI \8\), product
databases (e.g., AHRI \9\ and CEC \10\ databases), individual company
Web sites, and marketing research tools (e.g., Hoovers \11\ reports) to
create a list of all domestic small business manufacturers of heating
products covered by this rulemaking. DOE has identified 2 manufacturers
of vented DHE and 5 manufacturers of pool heaters (including heat pump
pool heater manufacturers) that can be considered small businesses. DOE
did not count manufacturers of vented hearth heaters because, as noted
previously, the definition of ``vented hearth heater'' was remanded to
DOE for further consideration by the D.C. Circuit Court. DOE plans to
conduct a separate rulemaking that would clarify the standards and test
procedures for vented hearth products, and as a result, DOE will assess
impacts on small business vented hearth product manufacturers as part
of that proceeding.
---------------------------------------------------------------------------
\8\ See: https://www.ahrinet.org/ahri+members.aspx.
\9\ See: https://www.ahridirectory.org/ahriDirectory/pages/home.aspx.
\10\ See: https://www.appliances.energy.ca.gov/.
\11\ See: https://www.hoovers.com/.
---------------------------------------------------------------------------
3. Description and Estimate of Compliance Requirements
For direct heating equipment, the proposed amendments would
incorporate by reference the most recent version of various industry
standards already referenced in the DHE test procedures for the
purposes of specifying the test set-up provisions. In addition, the
proposed test procedure would include provisions for determining the
AFUE of products that use condensing technology. The updates to the
most recent versions of the various industry standards would result in
no material change to DOE's test procedure for direct heating
equipment. The additional provisions for measuring energy efficiency of
products with condensing technology may add a modest cost to testing
for manufacturers of such products. The test could be conducted in the
same test facility, but some additional testing and calculation would
be required to determine AFUE. Specifically, the proposed provisions
would require a condensate collection test to be conducted on vented
heaters utilizing condensing technologies. The duration of the
condensate collection test time would be 30 minutes for steady-state
testing and 1-2 hours for cyclic testing. In some cases only steady-
state testing would be required (i.e., all manually-controlled vented
heaters and those vented heaters not utilizing the optional tracer gas
procedures). Vented heaters tested utilizing the optional tracer gas
procedures would be required to conduct both steady-state and cyclic
condensate collection procedures. Therefore, DOE estimates that the
additional testing for condensing units would add, in the worst case, 3
hours to the overall length of time it takes to conduct the AFUE test,
as compared to DHE not utilizing condensing technology. At a rate of
$30 an hour for a test lab technician, DOE estimates that the added
cost will be $90 per test unit, which is modest in comparison to the
overall cost of product development and certification.
For pool heaters, the proposed updates to the test procedure would
add provisions to determine the energy efficiency of electric pool
heaters, including heat pump pool heaters, and would incorporate by
reference ANSI/AHRI 1160-2009 and ANSI/ASHRAE 146-2011. These products
are not currently regulated by DOE, but DOE's research showed that all
domestic small business manufacturers of heat pump pool heaters that
were identified already rate COP and capacity according to the rating
conditions in ANSI/AHRI 1160 and typically at an additional rating
point outside of the ANSI/AHRI 1160 test conditions. In addition, DOE
notes that ASHRAE Standard 90.1-2010 contains efficiency levels for
heat pump pool heaters and specifies ANSI/AHRI 1160-2009 as the test
method. Several States (e.g., Florida, California) also have minimum
efficiency requirements for heat pump pool heaters, which is another
factor that may drive manufacturers to rate their products for
efficiency. Because manufacturers of heat pump pool heaters are already
rating their products using AHRI 1160-2009 due to the ASHRAE Standard
90.1-2010 requirements and State efficiency requirements, DOE does not
believe there will be much, if any, additional burden from today's
proposal for including a heat pump pool heater test method that
references the industry standard. For electric resistance pool heaters,
the proposed test method in ANSI/ASHRAE 146-2011 is comparable to that
for gas-fired and oil-fired pool heaters in the existing test method.
For these manufacturers to make any representation regarding the
efficiency of their products, they must have been using a similar test,
so it is not expected that the current proposal would add to the burden
of manufacturers of electric resistance pool heaters. DOE requests
comment on these tentative conclusions and on the potential impacts of
this proposed rule on small business manufacturers of pool heaters,
particularly of heat pump pool heaters and electric resistance pool
heaters. This is identified as issue 5 in section V.E, ``Issues on
Which DOE Seeks Comment.''
4. Duplication, Overlap, and Conflict With Other Rules and Regulations
DOE is not aware of any rules or regulations that duplicate,
overlap, or conflict with the rule being proposed today.
5. Significant Alternatives to the Rule
As noted earlier in the preamble, the proposed rule is largely
based upon the industry testing procedures already in place for direct
heating equipment and pool heaters. DOE believes the proposed
amendments would be useful for both consumers and industry, and are
consistent with the Department's goals and statutory requirements,
while also minimizing the economic burden on manufacturers. DOE seeks
comment and information on the need, if any, for alternative test
methods that, consistent with the statutory requirements, would reduce
the economic impact of this rule
[[Page 63419]]
on small entities. DOE will consider any comments received regarding
alternative methods of testing that would reduce economic impact of the
rule on small entities. DOE will consider the feasibility of such
alternatives and determine whether they should be incorporated into the
final rule.
D. Review Under the Paperwork Reduction Act of 1995
Manufacturers of direct heating equipment and pool heaters must
certify to DOE that their products comply with all applicable energy
conservation standards. In certifying compliance, manufacturers must
test their products according to the DOE test procedures for direct
heating equipment and pool heaters, including any amendments adopted
for those test procedures, on the date that compliance is required. DOE
has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including direct heating equipment and pool heaters. 76 FR
12422 (March 7, 2011). The collection-of-information requirement for
certification and recordkeeping is subject to review and approval by
OMB under the Paperwork Reduction Act (PRA). This requirement has been
approved by OMB under OMB control number 1910-1400. Public reporting
burden for the certification is estimated to average 20 hours per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
E. Review Under the National Environmental Policy Act of 1969
In this proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for direct heating equipment and pool heaters.
DOE has determined that this rule falls into a class of actions that
are categorically excluded from review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing
regulations at 10 CFR part 1021. Specifically, this proposed rule would
amend the existing test procedures without affecting the amount,
quality, or distribution of energy usage, and, therefore, would not
result in any environmental impacts. Thus, this rulemaking is covered
by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which
applies to any rulemaking that interprets or amends an existing rule
without changing the environmental effect of that rule. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999), imposes certain requirements on Federal agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. 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 it will follow in the
development of such regulations. 65 FR 13735. DOE has examined this
proposed rule and has tentatively 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)) No further action is required by Executive Order 13132.
G. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. 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 tentatively determined that,
to the extent permitted by law, the proposed rule meets the relevant
standards of Executive Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For regulatory actions likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The 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 ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. (This policy is also available at
www.gc.doe.gov/gc/office-general-counsel.) DOE examined
[[Page 63420]]
today's proposed rule according to UMRA and its statement of policy and
has tentatively determined that the rule contains neither an
intergovernmental mandate, nor a mandate that may result in the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year.
Accordingly, no further assessment or analysis is required under UMRA.
I. 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.
This rule 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.
J. Review Under Executive Order 12630
Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 18, 1988), DOE has determined that this proposed rule would
not result in any takings that might require compensation under the
Fifth Amendment to the U.S. Constitution.
K. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for Federal 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 proposed rule under the OMB
and DOE guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
L. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA
at OMB, a Statement of Energy Effects for any significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgates or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
Today's regulatory action to amend the test procedure for measuring
the energy efficiency of direct heating equipment and pool heaters is
not a significant regulatory action under Executive Order 12866 or any
successor order. Moreover, it would not have a significant adverse
effect on the supply, distribution, or use of energy, nor has it been
designated as a significant energy action by the Administrator of OIRA.
Therefore, it is not a significant energy action, and, accordingly, DOE
has not prepared a Statement of Energy Effects for this rulemaking.
M. 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; FEAA) Section 32
essentially provides in relevant part 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 Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
Today's proposed rule incorporates testing methods contained in the
following commercial standards: ANSI/ASHRAE 103-2007, ``Method of Test
for Annual Fuel Utilization Efficiency of Residential Central Furnaces
and Boilers''; ANSI Z21.86-2008, ``Vented Gas-Fired Space Heating
Appliances''; ASTM D2156-09, ``Standard Test Method for Smoke Density
in Flue Gases from Burning Distillate Fuels''; UL 729-2003, ``Standard
for Safety for Oil-Fired Floor Furnaces''; UL 730-2003, ``Standard for
Safety for Oil-Fired Wall Furnaces''; UL 896-1993, ``Standard for
Safety for Oil-Burning Stoves''; AHRI 1160-2009, ``Performance Rating
of Heat Pump Pool Heaters''; and ASHRAE 146-2011, ``Method of Testing
Pool Heaters.'' While today's proposed test procedures are not
exclusively based on these standards, components of the test procedures
are adopted directly from these standards without amendment. The
Department has evaluated these standards and is unable to conclude
whether they fully comply with the requirements of section 32(b) of the
FEAA, (i.e., that they were developed in a manner that fully provides
for public participation, comment, and review). DOE will consult with
the Attorney General and the Chairman of the FTC concerning the impact
on competition of requiring manufacturers to use the test methods
contained in these standards prior to prescribing a final rule.
V. Public Participation
A. Attendance at the Public Meeting
The time, date and location of the public meeting are listed in the
DATES and ADDRESSES sections at the beginning of this document. If you
plan to attend the public meeting, please notify Ms. Brenda Edwards at
(202) 586-2945 or Brenda.Edwards@ee.doe.gov. Please note that foreign
nationals visiting DOE Headquarters are subject to advance security
screening procedures. Any foreign national wishing to participate in
the meeting should advise DOE of this fact as soon as possible by
contacting Ms. Brenda Edwards to initiate the necessary procedures.
In addition, you can attend the public meeting via webinar. Webinar
registration information, participant instructions, and information
about the capabilities available to webinar participants will be
published on DOE's Web site at: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/68. Please also note that
any person wishing to bring a laptop computer or tablet into the
Forrestal Building will be required to obtain a property pass. Visitors
should avoid bringing such devices, or allow an extra 45 minutes.
Persons may also attend the public meeting via webinar. Participants
are responsible for ensuring their systems are compatible with the
webinar software.
[[Page 63421]]
B. Procedure for Submitting Requests To Speak and Prepared General
Statements for Distribution
Any person who has an interest in the topics addressed in this
notice of proposed rulemaking, or who is representative of a group or
class of persons that has an interest in these issues, may request an
opportunity to make an oral presentation at the public meeting. Such
persons may hand-deliver requests to speak to the address show in the
ADDRESSES section at the beginning of this notice of proposed
rulemaking between 9:00 a.m. and 4:00 p.m., Monday through Friday,
except Federal holidays. Requests may also be sent by mail or email to
Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies
Program, Mailstop EE-2J, 1000 Independence Avenue SW, Washington, DC
20585-0121, or Brenda.Edwards@ee.doe.gov. Persons who wish to speak
should include in their request a computer diskette or CD-ROM in
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that
briefly describes the nature of their interest in this rulemaking and
the topics they wish to discuss. Such persons should also provide a
daytime telephone number where they can be reached.
DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least one week before the
public meeting. DOE may permit persons who cannot supply an advance
copy of their statement to participate, if those persons have made
advance alternative arrangements with the Building Technologies
Program. As necessary, request to give an oral presentation should ask
for such alternative arrangements.
Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the public meeting. Such persons may submit requests, along with an
advance electronic copy of their statement in PDF (preferred),
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to
the appropriate address shown in the ADDRESSES section at the beginning
of this notice of proposed rulemaking. The request and advance copy of
statements must be received at least one week before the public meeting
and may be emailed, hand-delivered, or sent by mail. DOE prefers to
receive requests and advance copies via email. Please include a
telephone number to enable DOE staff to make follow-up contact, if
needed.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). A court reporter will be present to record the proceedings and
prepare a transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. There shall not be discussion of proprietary
information, costs or prices, market share, or other commercial matters
regulated by U.S. anti-trust laws. After the public meeting, interested
parties may submit further comments on the proceedings, as well as on
any aspect of the rulemaking, until the end of the comment period.
The public meeting will be conducted in an informal, conference
style. DOE will present summaries of comments received before the
public meeting, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant will be allowed
to make a general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will allow, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions by DOE and by other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the above procedures that
may be needed for the proper conduct of the public meeting.
A transcript of the public meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this notice of proposed rulemaking, and will be accessible on the
DOE Web site. In addition, any person may buy a copy of the transcript
from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments using any of the methods
described in the ADDRESSES section at the beginning of this notice of
proposed rulemaking.
All submissions received must include the agency name and docket
number and/or RIN for this rulemaking. No telefacsimilies (faxes) will
be accepted.
Submitting comments via regulations.gov. The www.regulations.gov
Web page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
www.regulations.gov cannot be claimed as CBI. Comments received through
the Web site will waive any CBI claims for the information submitted.
For information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of
[[Page 63422]]
comments are being processed simultaneously, your comment may not be
viewable for up to several weeks. Please keep the comment tracking
number that www.regulations.gov provides after you have successfully
uploaded your comment.
Submitting comments via email, hand delivery/courier, or mail.
Comments and documents submitted via email, hand delivery/courier, or
mail also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery/courier, please provide all items on a CD, if feasible, in
which case it is not necessary to submit printed copies. No
telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and are free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. Are the proposed provisions for testing vented heaters that are
capable of condensing operation appropriate and sufficient?
2. Are the updates to the material incorporated by reference into
the direct heating equipment test procedure appropriate and sufficient?
3. Is the assignment of a 1-percent default jacket loss in lieu of
testing for vented floor furnaces appropriate?
4. Are the proposed provisions to allow testing of electric
resistance and heat pump pool heaters appropriate and sufficient?
5. What are the impacts of this proposed rule on small business
entities?
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's notice
of proposed rulemaking.
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 September 30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II, Subchapter D of Title 10, Code of Federal
Regulations, as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
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.
0
2. Section 430.3 is amended by:
0
a. Redesignating paragraph (d)(18) as (d)(19) and adding ``and Appendix
O of this part'' after ``for Sec. 430.2'' in redesignated paragraph
(d)(19);
0
b. Redesignating paragraphs (f)(10) as (f)(11) and (i) through (p) as
(j) through (q) respectively; and
0
c. Adding paragraphs (b)(2), (d)(18), (f)(10), (f)(12), (i), and (r).
The additions read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(b) * * *
(2) ANSI/AHRI Standard 1160-2009 (``ANSI/AHRI 1160''), Performance
Rating of Heat Pump Pool Heaters, ANSI approved November 4, 2011, IBR
approved for appendix P to subpart B.
* * * * *
(d) * * *
(18) ANSI Z21.86-2008 (CSA 2.32-2008), (``ANSI Z21.86''), Vented
Gas-Fired Space Heating Appliances, Fifth Edition, ANSI approved March
28, 2008, IBR approved for appendix O to subpart B.
* * * * *
(f) * * *
(10) ANSI/ASHRAE 103-2007, Method of Test for Annual Fuel
Utilization Efficiency of Residential Central Furnaces and Boilers,
ASHRAE approved June 27, 2007, ANSI approved March 25, 2008, IBR
approved for appendix O to subpart B.
* * * * *
(12) ANSI/ASHRAE 146-2011 (``ANSI/ASHRAE 146''), Method of Testing
and Rating Pool Heaters, ASHRAE approved February 2, 2011, ANSI
approved February 3, 2011, IBR approved for appendix P to subpart B.
* * * * *
(i) ASTM. American Society for Testing and Materials International,
100
[[Page 63423]]
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959
(www.astm.org).
(1) ASTM D2156-09, (``ASTM D2156''), Standard Test Method for Smoke
Density in Flue Gases from Burning Distillate Fuels, Edition 09, ASTM
approved December 1, 2009, IBR approved for and appendix O to subpart
B.
(2) [Reserved]
* * * * *
(r) UL. Underwriters Laboratories, Inc., 2600 NW. Lake Rd., Camas
WA 98607-8542 (www.UL.com).
(1) UL 729-2003 (``UL 729''), Standard for Safety for Oil-Fired
Floor Furnaces, dated August 29, 2003, Sixth Edition including
revisions through April 22, 2010, IBR approved for appendix O to
subpart B.
(2) UL 730-2003 (``UL 730''), Standard for Safety for Oil-Fired
Wall Furnaces, dated August 29, 2003, 5th edition including revisions
through April 22, 2010, IBR approved for appendix O to subpart B.
(3) UL 896-1993 (``UL 896''), Standard for Safety for Oil-Burning
Stoves, dated July 29, 1993, 5th edition including revisions through
May 7, 2010, IBR approved for appendix O to subpart B.
0
3. Section 430.23 is amended by revising paragraphs (o) and (p) to read
as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(o) Vented home heating equipment. (1) When determining the annual
fuel utilization efficiency (AFUE) of vented home heating equipment
(see the note at the beginning of appendix O), expressed in percent
(%), AFUE shall be calculated in accordance with section 4.1.17 or
4.3.7 of appendix O of this subpart for vented heaters without either
manual controls or thermal stack dampers; according to section 4.2.6 or
4.3.7 of appendix O of this subpart for vented heaters equipped with
manual controls; or according to section 4.3.7 of appendix O of this
subpart for vented heaters equipped with thermal stack dampers.
(2) When estimating the annual operating cost for vented home
heating equipment, calculate the sum of:
(i) The product of the average annual fuel energy consumption, in
Btu's per year for natural gas, propane, or oil-fueled vented home
heating equipment, determined according to section 4.6.2 of appendix O
of this subpart, and the representative average unit cost in dollars
per Btu for natural gas, propane, or oil, as appropriate, as provided
pursuant to section 323(b)(2) of the Act; plus
(ii) The product of the average annual auxiliary electric energy
consumption in kilowatt-hours per year determined according to section
4.6.3 of appendix O of this subpart, and the representative average
unit cost in dollars per kilowatt-hours as provided pursuant to section
323(b)(2) of the Act, the resulting sum then being rounded off to the
nearest dollar per year.
(3) When estimating the estimated operating cost per million Btu
output for gas or oil vented home heating equipment with an auxiliary
electric system, calculate the product of:
(i) The quotient of one million Btu divided by the sum of:
(A) The product of the maximum fuel input in Btu's per hour as
determined in 3.1.1 or 3.1.2 of appendix O of this subpart times the
annual fuel utilization efficiency in percent as determined in 4.1.17,
4.2.6, or 4.3.7 of this appendix as appropriate divided by 100; plus
(B) The product of the maximum electric power in watts as
determined in 3.1.3 of appendix O of this subpart times the quantity
3.412; and
(ii) Of the sum of:
(A) The product of the maximum fuel input in Btu's per hour as
determined in 3.1.1 or 3.1.2 of this appendix times the representative
unit cost in dollars per Btu for natural gas, propane, or oil, as
appropriate, as provided pursuant to section 323(b)(2) of the Act; plus
(B) The product of the maximum auxiliary electric power in
kilowatts as determined in 3.1.3 of appendix O of this subpart times
the representative unit cost in dollars per kilowatt-hour as provided
pursuant to section 323(b)(2) of the Act, the resulting quantity shall
be rounded off to the nearest 0.01 dollar per million Btu output.
(p) Pool heaters. (1) Prior to the compliance date of any energy
conservation standards that incorporate standby mode and off mode
energy consumption for pool heaters, when determining the thermal
efficiency of pool heaters (see the note at the beginning of appendix P
of this subpart) expressed as a percent (%), thermal efficiency shall
be calculated in accordance with section 5.1 of appendix P to this
subpart.
(2) After the compliance date of any energy conservation standards
that incorporate standby mode and off mode energy consumption for pool
heaters, when determining the integrated thermal efficiency of pool
heaters (see the note at the beginning of appendix P of this subpart)
expressed as a percent (%), integrated thermal efficiency shall be
calculated in accordance with section 5.4 of appendix P to this
subpart.
(3) When estimating the annual operating cost of pool heaters,
calculate the sum of:
(i) The product of the average annual fuel energy consumption, in
Btu's per year, of natural gas or oil-fueled pool heaters, determined
according to section 5.2 of appendix P to this subpart, and the
representative average unit cost in dollars per Btu for natural gas or
oil, as appropriate, as provided pursuant to section 323(b)(2) of the
Act; plus
(ii) The product of the average annual electrical energy
consumption in kilowatt-hours per year determined according to section
5.3 of appendix P to this subpart and converted to kilowatt-hours using
a conversion factor of 3412 Btu = 1 kilowatt-hour, and the
representative average unit cost in dollars per kilowatt-hours as
provided pursuant to section 323(b)(2) of the Act, the resulting sum
then being rounded off to the nearest dollar per year.
* * * * *
0
4. Appendix O to subpart B of part 430 is amended by:
0
a. Revising the note after the appendix heading;
0
b. Redesignating the second section 1.33 (following section 1.37) as
section 1.39.
0
c. Redesignating sections 1.5 through 1.37 as 1.6 through 1.38;
0
d. Adding sections 1.5, 2.2.4, 3.8, 3.8.1, 3.8.2, 4.1.6.1, 4.1.6.2,
4.1.6.3, and 4.1.6.4;
0
e. Amending section 2.6.1 by removing the words ``ANSI Z21.49-1975,
section 2.14.'' and adding in their place ``Part VIII section 8.7 of
ANSI Z21.86.''
0
f. Amending section 2.6.2 by removing the words ``Figure 34.4 of UL
730-1974, or Figures 35.1 and 35.2 of UL 729-1976'' and adding in their
place ``Figure 36.4 of UL 730, or Figure 38.1 and 38.2 of UL 729.'' and
by removing the words ``sections 35.12 through 35.17 of UL 730-1974.''
and adding in their place ``sections 37.5.8 through 37.5.18 of UL
730.''
0
g. Revising sections 2.1.1, 2.1.2, 2.1.3, 2.2.2, 2.3.3, 2.3.4, 2.4.2,
2.5.1, 3.1.2, 3.2, 3.3, 4.1.6, 4.1.10, 4.2.4.1, 4.3.3, and 4.3.6.
These additions and revisions read as follows:
Appendix O to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Vented Home Heating Equipment
Note: After [date 180 days after publication of the final rule
in the Federal Register], any representations made with respect to
the energy use or efficiency of vented home
[[Page 63424]]
heating equipment must be made in accordance with the results of
testing pursuant to this appendix. After this date, if a
manufacturer elects to make representations with regard to standby
mode and off mode energy consumption, then testing must also include
the provisions of this appendix related to standby mode and off mode
energy consumption.
Manufacturers conducting tests of vented home heating equipment
after [date 30 days after publication of the final rule in the
Federal Register] and prior to [date 180 days after publication of
the final rule in the Federal Register], must conduct such test in
accordance with either this appendix or appendix O as it appeared at
10 CFR part 430, subpart B, appendix X, in the 10 CFR parts 200 to
499 edition revised as of January 1, 2013. Any representations made
with respect to the energy use or efficiency of such vented home
heating equipment must be in accordance with whichever version is
selected. Given that after [date 180 days after publication of the
final rule in the Federal Register] representations with respect to
the energy use or efficiency of vented home heating equipment must
be made in accordance with tests conducted pursuant to this
appendix, manufacturers may wish to begin using this test procedure
as soon as possible.
On or after the compliance date for any amended energy
conservation standards that incorporate standby mode and off mode
energy consumption, all representations must be based on testing
performed in accordance with this appendix in its entirety.
* * * * *
1.5 ``Condensing vented heater'' means a vented heater that
will, during the laboratory tests prescribed in this appendix,
condense part of the water vapor in the flue gases.
* * * * *
2.1.1 Vented wall furnaces (including direct vent systems).
Install non-direct vent gas-fueled vented wall furnaces as specified
in section 8.1.3 and figure 7 or figure 10 of ANSI Z21.86
(incorporated by reference; see Sec. 430.3). Install direct vent
gas-fueled vented wall furnaces as specified in section 6.1.3 and
figure 6 of ANSI Z21.86. Install oil-fueled vented wall furnaces as
specified in section 36.1 of UL 730.
2.1.2 Vented floor furnaces. Install vented floor furnaces for
test as specified in section 38.1 of UL 729.
2.1.3 Vented room heaters. Install vented room heaters for test
as specified in section 37.1.1 of UL 896.
* * * * *
2.2.2 Oil-fueled vented home heating equipment (excluding direct
vent systems). Use flue connections for oil-fueled vented floor
furnaces as specified in section 38.2 of UL 729, sections 36.2 of UL
730 for oil-fueled vented wall furnaces, and sections 37.1.2 and
37.1.3 of UL 896 for oil-fueled vented room heaters (incorporated by
reference; see Sec. 430.3).
* * * * *
2.2.4 Condensing vented heater, additional flue requirements.
The flue pipe installation must not allow condensate formed in the
flue pipe to flow back into the unit. An initial downward slope from
the unit's exit, an offset with a drip leg, annular collection
rings, or drain holes must be included in the flue pipe installation
without disturbing normal flue gas flow. Flue gases should not flow
out of the drain with the condensate. For condensing vented heaters
not designed for collection and draining of condensate, a means to
collect condensate must be provided for the purposes of testing.
* * * * *
2.3.3 Other test gas. Use other test gases with characteristics
as described in table 1 of ANSI/ASHRAE 103-2007 (incorporated by
reference; see Sec. 430.3). Use gases with a measured higher
heating value within 5 percent of the values specified
in the above ANSI/ASHRAE standard. Determine the actual higher
heating value of the gas used in the test with an error no greater
than one percent.
2.3.4 Oil supply. For a vented heater utilizing fuel oil, use
No. 1, fuel oil (kerosene) for vaporizing-type burners and either
No. 1 or No. 2 fuel oil, as specified by the manufacturer, for
mechanical atomizing type burners. Use test fuel conforming to the
specifications given in tables 2 and 3 of ANSI/ASHRAE 103-2007
(incorporated by reference; see Sec. 430.3). Measure the higher
heating value of the test fuel with an error no greater than one
percent.
* * * * *
2.4.2 Oil burner adjustments. Adjust the burners of oil-fueled
vented heaters to give the CO2 reading recommended by the
manufacturer and an hourly Btu input, during the steady-state
performance test described below, which is within 2
percent of the heater manufacturer's specified normal hourly Btu
input rating. On units employing a power burner, do not allow smoke
in the flue to exceed a No. 1 smoke during the steady-state
performance test as measured by the procedure in ASTM D2156
(incorporated by reference; see Sec. 430.3). If, on units employing
a power burner, the smoke in the flue exceeds a No. 1 smoke during
the steady-state test, readjust the burner to give a lower smoke
reading, and, if necessary a lower CO2 reading, and start
all tests over. Maintain the average draft over the fire and in the
flue during the steady-state performance test at that recommended by
the manufacturer within 0.005 inches of water gauge. Do
not make additional adjustments to the burner during the required
series of performance tests. The instruments and measuring apparatus
for this test are described in section 6 and shown in Figure 8 of
ANSI/ASHRAE 103-2007 (incorporated by reference; see Sec. 430.3).
* * * * *
2.5.1 Forced air vented wall furnaces (including direct vent
systems). During testing, maintain the air flow through the heater
as specified by the manufacturer and operate the vented heater with
the outlet air temperature between 80[emsp14][deg]F and
130[emsp14][deg]F above room temperature. If adjustable air
discharge registers are provided, adjust them so as to provide the
maximum possible air restriction. Measure air discharge temperature
as specified in section 8.7 of ANSI Z21.86 (incorporated by
reference; see Sec. 430.3).
* * * * *
3.1.2 Oil-fueled vented home heating equipment (including direct
vent systems). Set up and adjust the vented heater as specified in
sections 2.1, 2.2, and 2.3.4 of this appendix. Begin the steady-
state performance test by operating the burner and the circulating
air blower, on units so equipped, with the adjustments specified by
sections 2.4.2 and 2.5 of this appendix until steady-state
conditions are attained as indicated by a temperature variation of
not more than 5[emsp14][deg]F (2.8 C) in the flue gas temperature in
three successive readings taken 15 minutes apart.
For units equipped with power burners, do not allow smoke in the
flue to exceed a No. 1 smoke during the steady-state performance
test as measured by the procedure described in ASTM D 2156
(incorporated by reference; see Sec. 430.3). Maintain the average
draft over the fire and in the breeching during the steady-state
performance test at that recommended by the manufacturer 0.005 inches of water gauge.
Measure the room temperature (TRA) as described in
section 2.9 of this appendix and measure the steady-state flue gas
temperature (TF,SS) using nine thermocouples located in
the flue pipe as described in section 2.6.2 of this appendix. Secure
a sample of the flue gas in the plane of temperature measurement and
determine the concentration by volume of CO2
(XCO2F) present in dry flue gas. Measure and record the
steady-state heat input rate (Qin).
For manually controlled oil-fueled vented heaters, determine the
steady-state efficiency at a fuel input rate that is within 5 percent of 50 percent of the maximum fuel input rate or at
the minimum fuel input rate as measured in section 3.1.2 to this
appendix for manually controlled oil-fueled vented heaters if the
design of the heater is such that the 5 percent of 50
percent of the maximum fuel input rate cannot be set.
* * * * *
3.2 Jacket loss measurement. Conduct a jacket loss test for
vented floor furnaces. Measure the jacket loss (Lj) in
accordance with the ANSI/ASHRAE 103-2007 section 8.6 (incorporated
by reference; see Sec. 430.3), applying the provisions for furnaces
and not the provisions for boilers. In lieu of testing, the jacket
loss can be assigned a value of 1%.
3.3 Measurement of the off-cycle losses for vented heaters
equipped with thermal stack dampers. As noted in section 4.3, this
procedure may be optionally used for all vented heaters. Install the
thermal stack damper, if required, according to the manufacturer's
instructions. Unless specified otherwise, the thermal stack damper
should be at the draft diverter exit collar. Attach a five foot
length of bare stack to the outlet of the damper. Install
thermocouples as specified in section 2.6.1 of this appendix.
For vented heaters equipped with single-stage thermostats,
measure the off-cycle losses at the maximum fuel input rate. For
vented heaters equipped with two-stage thermostats, measure the off-
cycle losses at the maximum fuel input rate and at the reduced fuel
input rate. For vented heaters equipped with step-modulating
thermostats,
[[Page 63425]]
measure the off-cycle losses at the reduced fuel input rate.
Let the vented heater heat up to a steady-state condition. Feed
a tracer gas at a constant metered rate into the stack directly
above and within one foot above the stack damper. For units not
employing a thermal stack damper, introduce the tracer gas within
the first foot of the test stack. Record tracer gas flow rate and
temperature. Measure the tracer gas concentration in the stack at
several locations in a horizontal plane through a cross-section of
the stack at a point sufficiently above the stack damper to ensure
that the tracer gas is well mixed in the stack.
Continuously measure the tracer gas concentration and
temperature during a 10-minute cool-down period. Shut the burner off
and immediately begin measuring tracer gas concentration in the
stack, stack temperature, Room temperature, and barometric pressure.
Record these values as the midpoint of each one-minute interval
between burner shut-down and ten minutes after burner shut-down.
Meter response time and sampling delay time shall be considered in
timing these measurements.
* * * * *
3.8 Condensing vented heaters measurement of condensate under
steady-state and cyclic conditions. Condensate drain lines shall be
attached to the vented heater as specified in the manufacturer's
installation instructions. The test unit shall be level prior to all
testing. A continuous downward slope of drain lines from the unit
shall be maintained. Additional precautions shall be taken to
facilitate uninterrupted flow of condensate during the test.
Collection container must be glass or polished stainless steel to
facilitate removal of interior deposits. The collection container
shall have a vent opening to the atmosphere, be dried prior to each
use, and be at room ambient temperature. The humidity of the room
air shall at no time exceed 80% relative humidity. For condensing
units not designed for collecting and draining condensate, drain
lines need to be provided during testing that meet the criteria set
forth in this section 3.8. Units employing manual controls and units
not tested under the optional tracer gas procedures of section 3.3
and 3.6 shall only conduct the steady-state condensate collection
test.
3.8.1 Steady-state condensate collection test. Begin a steady-
state condensate collection immediately after the steady-state
testing of section 3.1 has been completed. The steady-state
condensate collection period shall be an additional 30 minutes.
Condensate mass shall be measured immediately at the end of the
collection period to minimize evaporation loss from the sample. Fuel
input shall be recorded for the 30-minute condensate collection
steady-state test period. Fuel higher heating value (HHV),
temperature, and pressures necessary for determining fuel energy
input (Qc,ss) will be measured and recorded. The fuel
quantity and HHV shall be measured with errors no greater than 1%.
Determine the mass of condensate for the steady-state test
(Mc,ss) in pounds by subtracting the tare container
weight from the total container and condensate weight measured at
the end of the 30-minute condensate collection test period.
For units with step modulating or two-stage controls, the
steady-state condensate collection test shall be conducted at both
the maximum and reduced input rates.
3.8.2 Cyclic condensate collection tests. (only for vented
heaters tested under the optional tracer gas procedures of section
3.3 or 3.6) Control devices shall be installed to allow cyclical
operation of the vented heater. The unit shall be operated in a
cyclical manner until flue gas temperatures at the end of each on-
cycle are within 5[deg] F of each other for two consecutive cycles.
On-cycle and off-cycle times are 4 minutes and 13 minutes
respectively. Control of ON and OFF operation actions shall be
within +/- 6 seconds of the scheduled time. Begin three test cycles.
For fan-type vented heaters, maintain circulating air adjustments as
specified in section 2.5 of this appendix. Begin condensate
collection at one minute before the on-cycle period of the first
test cycle. The container shall be removed one minute before the end
of each off-cycle period. Condensate mass shall be measured for each
test-cycle.
Fuel input shall be recorded during the entire test period
starting at the beginning of the on-time period of the first cycle
to the beginning of the on-time period of the second cycle, etc.,
for each of the test cycles. Fuel higher heating value (HHV),
temperature, and pressure necessary for determining fuel energy
input, Qc, shall be recorded. Determine the mass of
condensate for each cycle, Mc, in pounds. If at the end
of three-cycles, the sample standard deviation is within 20% of the
mean value for three cycles, use total condensate collected in the
three cycles as Mc; if not, continue collection for an
additional three cycles and use the total condensate collected for
the six cycles as Mc. Determine the fuel energy input,
Qc, during the three or six test cycles, expressed in
Btu.
* * * * *
4.1.6 Latent heat loss. For non-condensing vented heaters,
obtain the latent heat loss (LL,A) from Table 2 of this
appendix. For condensing vented heaters, a modified latent heat loss
(LL,A*) is obtained as follows:
For steady-state conditions:
LL,A* = LL,A - LG,SS +
LC,SS
where:
LL,A = Latent heat loss, based on fuel type, from
table 2 of this appendix
LG,SS = Steady-state latent heat gain due to condensation
as determined in 4.1.6.1 of this appendix
LC,SS = Steady-state heat loss due to hot condensate
going down the drain as determined in 4.1.6.2 of this appendix
For cyclic conditions: (only for vented heaters tested under the
optional tracer gas procedures of section 3.3 or 3.6)
LL,A* = LL,A - LG + LC
where:
LL,A = Latent heat loss, based on fuel type, from table 2
of this appendix
LG = Latent heat gain due to condensation under cyclic
conditions as determined in 4.1.6.3 of this appendix
LC = Heat loss due to hot condensate going down the drain
under cyclic conditions as determined in 4.1.6.4 of this appendix
4.1.6.1 Latent heat gain due to condensation under steady-state
conditions. Calculate the latent heat gain (LG,SS)
expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.090
where:
100 = conversion factor to express a decimal as a percent
1053.3 = latent heat of vaporization of water, Btu per pound
Mc,ss = mass of condensate for the steady-state test as
determined in 3.8.1 of this appendix, pounds
Qc,ss = fuel energy input for steady-state test as
determined in 3.8.1 of this appendix, Btu
4.1.6.2 Heat loss due to hot condensate going down the drain
under steady-state conditions. Calculate the steady-state heat loss
due to hot condensate going down the drain (LC,SS)
expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.091
where:
LG,SS = Latent heat gain due to condensation under
steady-state conditions as defined in 4.1.6.1 of this appendix
1.0 = specific heat of water, Btu/lb-[deg]F
TF,SS = Flue (or stack) gas temperature as defined in 3.1
of this appendix, [deg]F.
70 = assumed indoor temperature, [deg]F
0.45 = specific heat of water vapor, Btu/lb-[deg]F
45 = average outdoor temperature for vented heaters, [deg]F
4.1.6.3 Latent heat gain due to condensation under cyclic
conditions. (only for vented heaters tested under the optional
tracer gas procedures of section 3.3 or 3.6) Calculate the latent
heat gain (LG) expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.092
where:
100 = conversion factor to express a decimal as a percent
[[Page 63426]]
1053.3 = latent heat of vaporization of water, Btu per pound
Mc = mass of condensate for the cyclic test as determined
in 3.8.2 of this appendix, pounds
Qc = fuel energy input for cyclic test as determined in
3.8.2 of this appendix, Btu
4.1.6.4 Heat loss due to hot condensate going down the drain
under cyclic conditions. (only for vented heaters tested under the
optional tracer gas procedures of section 3.3 or 3.6) Calculate the
cyclic heat loss due to hot condensate going down the drain
(LC) expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.093
where:
LG = Latent heat gain due to condensation under cyclic
conditions as defined in 4.1.6.3 of this appendix
1.0 = specific heat of water, Btu/lb-[deg]F
TF,SS = Flue (or stack) gas temperature as defined in 3.1
of this appendix.
70 = assumed indoor temperature, [deg]F
0.45 = specific heat of water vapor, Btu/lb-[deg]F
45 = average outdoor temperature for vented heaters, [deg]F
* * * * *
4.1.10 Steady-state efficiency. For vented heaters equipped with
single-stage thermostats, calculate the steady-state efficiency
(excluding jacket loss, [eta]SS, expressed in percent and
defined as:
[eta]SS = 100 - LL,A - LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters LL,A* for steady-
state conditions)
LS,SS,A = sensible heat loss at steady-state operation,
as defined in 4.1.9 of this appendix
For vented heaters equipped with either two-stage thermostats or
with step-modulating thermostats, calculate the steady-state
efficiency at the reduced fuel input rate, [eta]SS-L,
expressed in percent and defined as:
[eta]SS-L = 100 - LL,A - LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters LL,A* for steady-
state conditions at the reduced firing rate)
LS,SS,A = sensible heat loss at steady-state operation,
as defined in 4.1.9 of this appendix in which LS,SS,Ais
determined at the reduced fuel input rate
For vented heaters equipped with two-stage thermostats,
calculate the steady-state efficiency at the maximum fuel input
rate,
[eta]SS-H, expressed in percent and defined as:
[eta]SS-H = 100 - LL,A - LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters LL,A* for steady-
state conditions at the maximum fuel input rate)
LS,SS,A = sensible heat loss at steady-state operation,
as defined in 4.1.9 of this appendix in which LS,SS,Ais
measured at the maximum fuel input rate
For vented heaters equipped with step-modulating thermostats,
calculate the weighted-average steady-state efficiency in the
modulating mode, [eta]SS-MOD, expressed in percent and
defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.094
where:
[eta]SS-H = steady-state efficiency at the maximum fuel
input rate, as defined in 4.1.10 of this appendix
[eta]SS-L = steady-state efficiency at the reduced fuel
input rate, as defined in 4.1.10 of this appendix
TOA* = average outdoor temperature for vented heaters
with step-modulating thermostats operating in the modulating mode
and is obtained from Table 3 or Figure 1 of this appendix
TC = balance point temperature which represents a
temperature used to apportion the annual heating load between the
reduced input cycling mode and either the modulating mode or maximum
input cycling mode and is obtained either from Table 3 of this
appendix or calculated by the following equation:
TC = 65 - [(65 - 15)R]
where:
65 = average outdoor temperature at which a vented heater starts
operating
15 = national average outdoor design temperature for vented heaters
R = ratio of reduced to maximum heat output rates, as defined in
4.1.13 of this appendix
* * * * *
4.2.4.1 For manually-controlled heaters with various input rates
the weighted average steady-state efficiency
([eta]SS-WT), is determined as follows:
[eta]SS-WT = 100-LL,A-LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters, LL,A* for
steady-state conditions)
LS,SS,A = steady-state efficiency at the reduced fuel
input rate, as defined in 4.1.9 of this appendix
and where LL,A and LS,SS,A are determined:
(1) at 50 percent of the maximum fuel input rate as measured in
either section 3.1.1 of this appendix for manually-controlled gas
vented heaters or section 3.1.2 of this appendix for manually-
controlled oil vented heaters, or
(2) at the minimum fuel input rate as measured in either section
3.1.1 to this appendix for manually-controlled gas vented heaters or
section 3.1.2 to this appendix for manually-controlled oil vented
heaters if the design of the heater is such that the 5
percent of 50 percent of the maximum fuel input rate cannot be set,
provided this minimum rate is no greater than 2/3 of the maximum
input rate of the heater.
* * * * *
4.3.3 Off-cycle sensible heat loss. For vented heaters equipped
with single-stage thermostats, calculate the off-cycle sensible heat
loss (LS,OFF) at the maximum fuel input rate. For vented
heaters equipped with step-modulating thermostats, calculate
LS,OFF defined as:
LS,OFF = X1 LS,OFF,red
where:
X1 = as defined in 4.1.14 of this appendix
LS,OFF,red = as defined as LS,OFF in 4.3.3 of
this appendix at the reduced fuel input rate
For vented heaters equipped with two-stage thermostats,
calculate LS,OFF defined as:
LS,OFF = X1 LS,OFF,red
+X2 LS,OFF,Max
where:
X1 = as defined in 4.1.14 of this appendix
LS,OFF,red =as defined as LS,OFF in 4.3.3 of
this appendix at the reduced fuel input rate
X2 = as defined in 4.1.15 of this appendix
LS,OFF,Max = as defined as LS,OFF in 4.3.3 of
this appendix at the maximum fuel input rate
Calculate the off-cycle sensible heat loss (LS,OFF)
expressed as a percent and defined as:
[[Page 63427]]
[GRAPHIC] [TIFF OMITTED] TP24OC13.095
where:
100 = conversion factor for percent
0.24 = specific heat of air in Btu per pound-[deg]F
Qin = fuel input rate, as defined in 3.1 of this appendix
in Btu per minute (as appropriate for the firing rate)
ton = average burner on-time per cycle and is 20 minutes
[Sigma] mS,OFF (TS,OFF -TRA) =
summation of the ten values (for single-stage or step-modulating
models) or twenty values (for two-stage models) of the quantity,
mS,OFF (TS,OFF - TRA), measured in
accordance with 3.3 of this appendix
mS,OFF = stack gas mass flow rate pounds per minute
[GRAPHIC] [TIFF OMITTED] TP24OC13.096
TS,OFF = stack gas temperature measured in accordance
with 3.3 of this appendix
TRA = average room temperature measured in accordance
with 3.3 of this appendix
PB = barometric pressure in inches of mercury
VT = flow rate of the tracer gas through the stack in
cubic feet per minute
CT * = concentration by volume of the active tracer gas
in the mixture in percent and is 100 when the tracer gas is a single
component gas
CT = concentration by volume of the active tracer gas in
the diluted stack gas in percent
TT = temperature of the tracer gas entering the flow
meter in degrees Fahrenheit
(TT + 460) = absolute temperature of the tracer gas
entering the flow meter in degrees Rankine
* * * * *
4.3.6 Part-load fuel utilization efficiency. Calculate the part-
load fuel utilization efficiency ([eta]u) expressed as a
percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.097
where:
Cj = 2.8, adjustment factor
Lj = jacket loss as defined in 4.1.5
LL,A = Latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters LL,A* for cyclic
conditions)
ton = Average burner on time which is 20 mins.
LS,ON = On-cycle sensible heat loss, as defined in 4.3.1
of this appendix
LS,OFF = Off-cycle sensible heat loss, as defined in
4.3.3 of this appendix
LI,ON = On-cycle infiltration heat loss, as defined in
4.3.2 of this appendix
LI,OFF = Off-cycle infiltration heat loss, as defined in
4.3.5 of this appendix
PF = Pilot fraction, as defined in 4.1.4 of this appendix
tOFF = average burner off-time per cycle, which is 20
minutes
* * * * *
0
5. Appendix P to subpart B of part 430 is revised to read as follows:
Appendix P to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Pool Heaters
Note: After [date 180 days after publication of the final rule
in the Federal Register], any representations made with respect to
the energy use or efficiency of pool heaters must be made in
accordance with the results of testing pursuant to this appendix.
After this date, if a manufacturer elects to make representations
with regard to standby mode and off mode energy consumption, then
testing must also include the provisions of this appendix related to
standby mode and off mode energy consumption.
Manufacturers conducting tests of gas-fired pool heaters after
[date 30 days after publication of the final rule in the Federal
Register] and prior to [date 180 days after publication of the final
rule in the Federal Register], must conduct such test in accordance
with either this appendix or appendix X as it appeared at 10 CFR
Part 430, subpart B, appendix P, in the 10 CFR Parts 200 to 499
edition revised as of January 1, 2013. Any representations made with
respect to the energy use or efficiency of such gas-fired pool
heaters must be in accordance with whichever version is selected.
Given that after [date 180 days after publication of the final rule
in the Federal Register] representations with respect to the energy
use or efficiency of pool heaters must be made in accordance with
tests conducted pursuant to this appendix, manufacturers may wish to
begin using this test procedure as soon as possible.
On or after the compliance date for any amended energy
conservation standards that incorporate standby mode and off mode
energy consumption, all representations must be based on testing
performed in accordance with this appendix in its entirety.
1. Definitions.
1.1 Active mode means the condition during the pool heating
season in which the pool heater is connected to the power source,
and the main burner, electric resistance element, or heat pump is
activated to heat pool water.
1.2 Coefficient of Performance (COP), as applied to heat pump
pool heaters, means the ratio of heat output in kW to the total
power input in kW
1.3 Electric heat pump pool heater means an appliance designed
for heating nonpotable water employing a compressor, water-cooled
condenser, and outdoor air coil.
1.4 Electric resistance pool heater means an appliance designed
for heating nonpotable water employing electric resistance heating
elements.
1.5 Fossil fuel-fired pool heater means an appliance designed
for heating nonpotable water employing natural gas or oil burners.
1.6 Hybrid pool heater means an appliance designed for heating
nonpotable water employing both a heat pump (compressor, water-
cooled condenser, and outdoor air coil) and a fossil fueled burner
as heating sources.
1.7 Off mode means the condition during the pool non-heating
season in which the pool heater is connected to the power source,
and neither the main burner, nor the electric resistance elements,
nor the heat pump is activated, and the seasonal off switch, if
present, is in the ``off'' position.
1.8 Seasonal off switch means a switch that effects a difference
in off mode energy consumption as compared to standby mode energy
consumption.
1.9 Standby mode means the condition during the pool heating
season in which the pool heater is connected to the power source,
and neither the main burner, nor the electric resistance elements,
nor the heat pump is activated.
2. Test method.
2.1 Active mode.
2.1.1 Fossil fuel-fired pool heaters. The test method for
testing fossil fuel-fired pool heaters in active mode is as
specified in ANSI Z21.56 (incorporated by reference; see Sec.
430.3).
2.1.2 Electric resistance pool heaters. The test method for
testing electric resistance pool heaters in active mode is as
specified in ANSI/ASHRAE 146 (incorporated by reference; see Sec.
430.3).
2.1.3 Electric heat pump pool heaters. The test method for
testing electric heat pump pool heaters in active mode is as
specified in ANSI/AHRI 1160 (incorporated by reference; see Sec.
430.3), which references ANSI/ASHRAE 146 (incorporated by reference;
see Sec. 430.3).
2.1.4 Hybrid pool heaters. [Reserved]
2.2 Standby mode. The test method for testing the energy
consumption of pool heaters in standby mode is as described in
sections 3 through 5 of this appendix.
2.3 Off mode.
2.3.1 Pool heaters with a seasonal off switch. For pool heaters
with a seasonal off switch, no off mode test is required.
[[Page 63428]]
2.3.2 Pool heaters without a seasonal off switch. For pool
heaters without a seasonal off switch, the test method for testing
the energy consumption of the pool heater is as described in
sections 3 through 5 of this appendix.
3. Test conditions.
3.1 Active mode.
3.1.1 Fossil fuel-fired pool heaters. Establish the test
conditions specified in section 2.10 of ANSI Z21.56 (incorporated by
reference; see Sec. 430.3).
3.1.2 Electric resistance pool heaters. Establish the test
conditions specified in section 9.1.4 of ANSI/ASHRAE 146
(incorporated by reference; see Sec. 430.3).
3.1.3 Electric heat pump pool heaters. Establish the test
conditions specified in section 5 of ANSI/AHRI 1160. The air
temperature surrounding the unit shall be at the ``High Air
Temperature--Mid Humidity (63% RH)'' level specified in section 6 of
ANSI/AHRI 1160 (80.6 [deg]F [27.0 [deg]C] Dry-Bulb, 71.2 [deg]F
[21.8 [deg]C]).
3.1.4 Hybrid pool heaters. [Reserved]
3.2 Standby mode and off mode. After completing the active mode
tests described in section 3.1, reduce the thermostat setting to a
low enough temperature to put the pool heater into standby mode.
Reapply the energy sources and operate the pool heater in standby
mode for 60 minutes.
4. Measurements
4.1 Active mode
4.1.1 Fossil fuel-fired pool heaters. Measure the quantities
delineated in section 2.10 of ANSI Z21.56 (incorporated by
reference; see Sec. 430.3). The measurement of energy consumption
for oil-fired pool heaters in Btu is to be carried out in
appropriate units (e.g., gallons).
4.1.2 Electric resistance pool heaters. Measure the quantities
delineated in section 9.1.4 of ANSI/ASHRAE 146 (incorporated by
reference; see Sec. 430.3) during and at the end of the 30-minute
period when water is flowing through the pool heater.
4.1.3 Electric heat pump pool heaters. Measure the quantities
delineated in section 9.1.1 and Table 2 of ANSI/ASHRAE 146
(incorporated by reference; see Sec. 430.3). The elapsed time,
tHP, from the start of electric power metering to the end
shall be recorded, in minutes.
4.1.4 Hybrid pool heaters. [Reserved]
4.2 Standby mode. For all pool heaters, record the average
electric power consumption during the standby mode test,
PW,SB, in W, in accordance with section 5 of IEC 62301
(Second Edition) (incorporated by reference; see Sec. 430.3). For
fossil fuel-fired pool heaters, record the fossil fuel energy
consumption during the standby test, Qp, in Btu. (Milli-
volt electrical consumption need not be considered in units so
equipped.) Ambient temperature and voltage specifications in section
4.1 of this appendix shall apply to this standby mode testing. The
recorded standby power (PW,SB) shall be rounded to the
second decimal place, and for loads greater than or equal to 10W, at
least three significant figures shall be reported.
4.3 Off mode.
4.3.1 Pool heaters with a seasonal off switch. For pool heaters
with a seasonal off switch, the average electric power consumption
during the off mode, PW,OFF = 0, and the fossil fuel
energy consumed during the off mode, Qoff = 0.
4.3.2 Pool heaters without a seasonal off switch. For all pool
heaters without a seasonal off switch, record the average electric
power consumption during the standby/off mode test,
PW,OFF (= PW,SB), in W, in accordance with
section 5 of IEC 62301 (Second Edition) (incorporated by reference;
see Sec. 430.3). For fossil fuel-fired pool heaters without a
seasonal off switch, record the fossil fuel energy consumption
during the off mode test, Qoff (= Qp), in Btu.
(Milli-volt electrical consumption need not be considered in units
so equipped.) Ambient temperature and voltage specifications in
section 4.1 of this appendix shall apply to this off mode testing.
The recorded off mode power (PW,OFF) shall be rounded to
the second decimal place, and for loads greater than or equal to
10W, at least three significant figures shall be reported.
5. Calculations.
5.1 Thermal efficiency.
5.1.1 Fossil fuel-fired pool heaters. Calculate the thermal
efficiency, Et (expressed as a percent), as specified in
section 2.10 of ANSI Z21.56 (incorporated by reference; see Sec.
430.3). The expression of fuel consumption for oil-fired pool
heaters shall be in Btu.
5.1.2 Electric resistance pool heaters. Calculate the thermal
efficiency, Et (expressed as a percent), as specified in
section 11.1 of ANSI/ASHRAE 146 (incorporated by reference; see
Sec. 430.3).
5.1.3 Electric heat pump pool heaters. Calculate the COP
according to section 11.1 of ANSI/ASHRAE 146. Calculate the thermal
efficiency, Et (expressed as a percent): Et =
100 * COP.
5.1.4 Hybrid pool heaters. [Reserved]
5.2 Average annual fossil fuel energy for pool heaters. For
electric resistance and electric heat pump pool heaters, the average
annual fuel energy for pool heaters, EF =0.
For fossil fuel-fired pool heaters, the average annual fuel
energy for pool heaters, EF, is defined as:
EF = BOH QIN + (POH--BOH)QPR +
(8760--POH) Qoff,R
where:
BOH = average number of burner operating hours = 104 h
POH = average number of pool operating hours = 4464 h
QIN = rated fuel energy input as defined according to
section 2.10.1 or section 2.10.2 of ANSI Z21.56 (incorporated by
reference; see Sec. 430.3), as appropriate. (For electric
resistance and heat pump pool heaters, QIN = 0.)
QPR = average energy consumption rate of continuously
operating pilot light, if employed, = (QP/1 h)
QP = energy consumption of continuously operating pilot
light, if employed, as measured in section 4.2 of this appendix, in
Btu
8760 = number of hours in one year
Qoff,R = average off mode fossil fuel energy consumption
rate = Qoff/(1 h)
Qoff = off mode energy consumption as defined in section
4.3 of this appendix
5.3 Average annual electrical energy consumption for pool
heaters. The average annual electrical energy consumption for pool
heaters, EAE, is expressed in Btu and defined as:
(1) EAE = EAE,active +
EAE,standby,off
(2) EAE,active = BOH * PE
(3) EAE,standby,off = (POH--BOH) PW,SB(Btu/h)
+ (8760--POH) PW,OFF(Btu/h)
where:
EAE,active = electrical consumption in the active mode
EAE,standby,off = auxiliary electrical consumption in the
standby mode and off mode
PE = 2Ec, for fossil fuel-fired heaters tested according
to section 2.10.1 of ANSI Z21.56 (incorporated by reference; see
Sec. 430.3) and for electric resistance pool heaters, in Btu/h
= 3.412 PErated, for fossil fuel-fired heaters tested
according to section 2.10.2 of ANSI Z21.56, in Btu/h
= Ec,HP * (60/tHP), for heat pump pool
heaters, in Btu/h.
Ec = electrical consumption of the heater (converted to
equivalent unit of Btu), including the electrical energy to the
recirculating pump if used, during the 30-minute thermal efficiency
test, as defined in section 2.10.1 of ANSI Z21.56 for fossil fuel-
fired pool heaters and section 9.1.4 of ANSI/ASHRAE 146
(incorporated by reference; see Sec. 430.3) for electric resistance
pool heaters, in Btu per 30 min.
2 = conversion factor to convert unit from per 30 min. to per h.
PErated = nameplate rating of auxiliary electrical
equipment of heater, in Watts
Ec,HP = electrical consumption of the heat pump pool
heater (converted to equivalent unit of Btu), including the
electrical energy to the recirculating pump if used, during the
thermal efficiency test, as defined in section 9.1 of ANSI/ASHRAE
146, in Btu.
tHP = elapsed time of data recording during the thermal
efficiency test on heat pump pool heater, as defined in section 9.1
of ANSI/ASHRAE 146, in minutes.
BOH = as defined in 5.2 of this appendix
POH = as defined in 5.2 of this appendix
PW,SB (Btu/h) = electrical energy consumption rate during
standby mode expressed in Btu/h = 3.412 PW,SB, Btu/h
PW,SB = as defined in 4.2 of this appendix
PW,OFF (Btu/h) = electrical energy consumption rate
during off mode expressed in Btu/h = 3.412 PW,OFF, Btu/h
PW,OFF = as defined in 4.3 of this appendix
5.4 Integrated thermal efficiency.
5.4.1 Calculate the seasonal useful output of the pool heater as:
EOUT = BOH[(Et/100)(QIN + PE)]
where:
BOH = as defined in 5.2 of this appendix
Et = thermal efficiency as defined in 5.1 of this
appendix
QIN = as defined in 5.2 of this appendix
PE = as defined in 5.3 of this appendix
100 = conversion factor, from percent to fraction
[[Page 63429]]
5.4.2 Calculate the annual input to the pool heater as:
EIN = EF + EAE
where:
EF = as defined in 5.2 of this appendix
EAE = as defined in 5.3 of this appendix
5.4.3 Calculate the pool heater integrated thermal efficiency
(TEI) (in percent).
TEI = 100(EOUT/EIN)
where:
EOUT = as defined in 5.4.1 of this appendix
EIN = as defined in 5.4.2 of this appendix
100 = conversion factor, from fraction to percent
[FR Doc. 2013-24352 Filed 10-23-13; 8:45 am]
BILLING CODE 6450-01-P
