```

[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Proposed Rules]
[Pages 56347-56354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23089]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2009-BT-TP-0013]
RIN 1904-AB95

Energy Conservation Program for Consumer Products: Test 
Procedures for Residential Water Heaters, Direct Heating Equipment, and 
Pool Heaters (Standby Mode and Off Mode)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: On August 30, 2010, the U.S. Department of Energy (DOE) 
published a notice of proposed rulemaking (NOPR) in which DOE proposed 
to amend, where appropriate, its test procedures for residential water 
heaters, direct heating equipment, and pool heaters to include 
provisions for measuring standby mode and off mode energy

[[Page 56348]]

consumption, as required by the Energy Independence and Security Act of 
2007 (EISA 2007). (DOE notes that the test procedure and metric for 
residential water heaters currently address and incorporate standby 
mode and off mode energy consumption, so DOE has tentatively concluded 
that no related amendments are required for those products.). These 
proposed test procedure amendments are primarily based on provisions of 
the International Electrotechnical Commission (IEC) Standard 62301, 
``Household electrical appliances--Measurement of standby power,'' that 
DOE would incorporate by reference into its regulations. The NOPR 
relied upon IEC Standard 62301 (First Edition 2005-06), which was the 
most current version at the time. However, the IEC recently adopted a 
new version of its standard which includes a number of methodological 
changes designed to increase accuracy while reducing testing burden. 
DOE's review suggests that this document represents an improvement over 
the prior version. Accordingly, today's supplemental notice of proposed 
rulemaking (SNOPR) proposes to incorporate the latest edition of that 
standard--IEC Standard 62301 (Second Edition 2011).

DATES: DOE will accept comments, data, and information regarding this 
SNOPR no later than October 13, 2011. For details, see section V, 
``Public Participation,'' of this SNOPR.

ADDRESSES: Any comments submitted must identify the SNOPR on Test 
Procedures for Residential Water Heaters, Direct Heating Equipment, and 
Pool Heaters, and provide the docket number EERE-2009-BT-TP-0013 and/or 
regulatory information number (RIN) 1904-AB95. Comments may be 
submitted using any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. E-mail: EISA-Heat-Equip-2010-TP-0013@ee.doe.gov Include docket 
number EERE-2009-BT-TP-0013 or RIN 1904-AB95 in the subject line of the 
message.
    3. 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. Otherwise, please submit one signed paper original.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies. Otherwise, please submit one signed paper 
original.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section V, ``Public Participation,'' of this 
document.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, public meeting attendee lists and 
transcripts, comments, and other supporting documents/materials. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    A link to the docket web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=10;po=0;D=EERE-
2009-BT-TP-0013. The www.regulations.gov web page contains simple 
instructions on how to access all documents, including public comments, 
in the docket. See section V, ``Public Participation,'' for further 
information on how to submit comments through www.regulations.gov.
    For further information on how to submit a comment or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 586-7892. E-mail: 
Mohammed.Khan@ee.doe.gov.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC, 20585-
0121. Telephone: (202) 586-9507. E-mail: 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. E-mail: Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Authority
II. Summary of the Supplemental Proposed Rule
III. Discussion
    A. Use of IEC Standard 62301 (Second Edition), ``Household 
electrical appliances-Measurement of standby power''
    B. Rounding Guidance
    C. Sampling Plans for Standby Mode and Off Mode
    D. Effective Date and Compliance Date
    E. Compliance with Other EPCA Requirements
IV. Procedural Issues and Regulatory Review
V. Public Participation
VI. Issues on Which DOE Seeks Comment
VII. Approval of the Office of the Secretary

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as 
codified) sets forth a variety of provisions designed to improve energy 
efficiency and established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, a program covering most major 
household appliances, including residential water heaters, direct 
heating equipment, and pool heaters (all of which are referenced below 
as ``covered products'').\2\ (42 U.S.C. 6292(a)(4), (9), and (11); 42 
U.S.C. 6295(e))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ All references to EPCA in this rulemaking refer to the 
statute as amended through the Energy Independence and Security Act 
of 2007, Public Law 110-140.
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    Under the Act, this program consists essentially of three parts: 
(1) Testing; (2) labeling; and (3) establishing Federal energy 
conservation standards. The testing requirements consist of test 
procedures that manufacturers of covered products must use as the basis 
for certifying to DOE that their products comply with applicable energy 
conservation standards adopted pursuant to EPCA and for representing 
the efficiency of those products. (42 U.S.C. 6293(c); 42 U.S.C. 
6295(s)) Similarly, DOE must use these test procedures in any 
enforcement action to determine whether covered products comply with 
these energy conservation standards. (42 U.S.C. 6295(s)) Under 42 
U.S.C. 6293, EPCA sets forth criteria and procedures for DOE's adoption 
and amendment of such test procedures. Specifically, EPCA provides that 
``[a]ny test procedures prescribed or amended under this section shall 
be reasonably designed to produce test results which measure energy 
efficiency, energy use

[[Page 56349]]

* * * or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use, as determined by the 
Secretary [of Energy], and shall not be unduly burdensome to conduct.'' 
(42 U.S.C. 6293(b)(3)) In addition, if DOE determines that a test 
procedure amendment is warranted, it must publish proposed test 
procedures and offer the public an opportunity to present oral and 
written comments on them. (42 U.S.C. 6293(b)(2)) Finally, in any 
rulemaking to amend a test procedure, DOE must determine ``to what 
extent, if any, the proposed test procedure would alter the measured 
energy efficiency * * * of any covered product as determined under the 
existing test procedure.'' (42 U.S.C. 6293(e)(1)) If DOE determines 
that the amended test procedure would alter the measured efficiency of 
a covered product, DOE must amend the applicable energy conservation 
standard accordingly. (42 U.S.C. 6293(e)(2))
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007 
amendments to EPCA, in relevant part, require DOE to amend the test 
procedures for all covered products to include measures of standby mode 
and off mode energy consumption. Specifically, section 310 of EISA 2007 
provides definitions of ``standby mode'' and ``off mode'' (42 U.S.C. 
6295(gg)(1)(A)) and permits DOE to amend these definitions in the 
context of a given product (42 U.S.C. 6295(gg)(1)(B)). The statute 
requires integration of such energy consumption into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product, unless the Secretary determines that: (1) The current 
test procedures for a covered product already fully account for and 
incorporate the standby mode and off mode energy consumption of the 
covered product; or (2) such an integrated test procedure is 
technically infeasible for a particular covered product, in which case 
the Secretary shall prescribe a separate standby mode and off mode 
energy use test procedure for the covered product, if technically 
feasible. (42 U.S.C. 6295(gg)(2)(A))
    Under the statutory provisions adopted by EISA 2007, any such 
amendment must consider the most current versions of IEC Standard 
62301, Household electrical appliances--Measurement of standby power, 
and IEC Standard 62087, Methods of measurement for the power 
consumption of audio, video, and related equipment.\3\ Id. At the time 
of the enactment of EISA 2007, the most current versions of these 
standards were IEC Standard 62301 (First Edition 2005-06) and IEC 
Standard 62087 (Second Edition 2008-09).
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    \3\ EISA 2007 directs DOE to also consider IEC Standard 62087 
when amending its test procedures to include standby mode and off 
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC 
Standard 62087 addresses the methods of measuring the power 
consumption of audio, video, and related equipment. Accordingly, the 
narrow scope of this particular IEC standard reduces its relevance 
to today's proposal.
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    DOE's current test procedures for residential water heaters, direct 
heating equipment, and pool heaters are found at 10 CFR part 430, 
subpart B in Appendix E (water heaters), Appendices G and O (direct 
heating equipment), and Appendix P (pool heaters). These procedures 
establish a means for determining measures of energy consumption, 
including, where appropriate, energy efficiency. On August 30, 2010, 
DOE published its NOPR (hereafter referred to as the August 2010 NOPR) 
to consider amendments to the test procedures for residential water 
heaters, direct heating equipment, and pool heaters to account for the 
standby mode and off mode energy consumption of these products, as 
required by EISA 2007. 75 FR 52892 (Aug. 30, 2010). For a more detailed 
procedural history of the test procedure rulemaking to address standby 
mode and off mode energy consumption of residential water heaters, 
direct heating equipment, and pool heaters, please consult the August 
2010 NOPR. Id. at 52893-95. This SNOPR builds upon and further modifies 
DOE's proposal, as presented in the August 2010 NOPR.

II. Summary of the Supplemental Proposed Rule

    As discussed above, EISA 2007 amended EPCA to require that DOE test 
procedures for covered products include provisions for measuring 
standby mode and off mode energy consumption. (42 U.S.C. 
6295(gg)(2)(A)) EISA 2007 requires consideration of the most current 
version of IEC Standard 62301 to support the added measurement 
provisions. Id. In the August 2010 NOPR, DOE proposed to amend its test 
procedures to prescribe the use of IEC Standard 62301, ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301 First Edition 2005-06,'' which was the most current version of 
this standard at the time DOE proposed its incorporation into the DOE 
regulations. Since that time, a second edition of the standard has been 
developed and finalized. In the abstract of the January 27, 2011 final 
publication, the IEC reports that the second edition would provide 
practical improvement and possible reduction in testing burden, and, as 
discussed in further detail below, commenters on the August 2010 NOPR 
expressed similar views. DOE has reviewed IEC Standard 62301 (Second 
Edition) and agrees that the second edition does provide for 
improvement in terms of measurement accuracy and possible reduced 
testing burden. Accordingly, in today's NOPR, DOE is proposing to 
incorporate into DOE's test procedure regulations the second edition of 
the IEC 62301 standard in its entirety, and to call out the appropriate 
provisions of that standard in DOE's test procedure regulations for 
residential direct heating equipment and pool heaters. (Because DOE 
continues to believe that the current test procedure for residential 
water heaters fully addresses standby mode and off mode energy 
consumption, this SNOPR proposes no amendments to the test procedure 
for these products.)

III. Discussion

A. Use of IEC Standard 62301 (Second Edition), ``Household Electrical 
Appliances--Measurement of Standby Power''

    As noted above, EPCA, as amended by EISA 2007, requires that DOE 
test procedures be amended to include standby mode and off mode energy 
consumption, taking into consideration the most current versions of 
Standards 62301 and 62087 of the International Electrotechnical 
Commission. (42 U.S.C. 6295(gg)(2)(A)) The August 2010 NOPR would 
reference IEC Standard 62301 (First Edition) to obtain the standby mode 
and off mode measured wattage for residential direct heating equipment 
and pool heaters. The amended test procedures would use these measured 
wattages in calculations to accomplish the incorporation of standby 
mode and off mode energy consumption into the test procedures. DOE 
reviewed IEC Standard 62301 (First Edition) and tentatively concluded 
in its August 2010 NOPR (75 FR 52892 (August 30, 2010)) that it was 
generally applicable to residential direct heating equipment and pool 
heaters, although some clarification was needed. Specifically, because 
there is a possible conflict with voltage and ambient temperature 
provisions of the existing procedures, the August 2010 NOPR clarified 
where the IEC provisions apply and where the existing test procedure 
provisions apply. With this clarification in place, the August 2010 
NOPR proposed to

[[Page 56350]]

reference IEC Standard 62301 (First Edition) for obtaining the standby 
mode and off mode wattage measurements for residential direct heating 
equipment and pool heaters.
    In written comments on the August 2010 NOPR, the Air-Conditioning, 
Heating, and Refrigeration Institute (AHRI) and the Association of Home 
Appliance Manufacturers (AHAM) asked that DOE consider referencing a 
revised version of the industry standard--IEC Standard 62301 (Second 
Edition). Both commenters cited technical improvements in the latter 
version that they expect would enhance repeatability and 
reproducibility of test results. (AHRI, No. 13 at p. 1, AHAM, No. 15 at 
p. 2) AHAM additionally commented that the Final Draft International 
Standard (FDIS) version of IEC Standard 62301 would be preferable to 
the Committee Draft for Vote (CDV) version of the standard. (AHAM, No. 
15 at p. 2) The CDV of IEC Standard 62301 was released on August 28, 
2009. On this matter, DOE notes that because IEC has now formally 
adopted IEC Standard 62301 (Second Edition), DOE is no longer 
considering earlier draft versions. In any event, the adopted version 
is consistent with the preference suggested by AHAM.
    As noted above, since the time of the August 2010 NOPR, the IEC 
Standard 62301 technical committee has revised its standard. 
Specifically, a second edition of IEC Standard 62301 has been issued by 
IEC with a final publication date of January 27, 2011. This standard 
can be purchased at: http://www.iec.ch/index.htm. The IEC reports in 
its abstract to the January 27, 2011 final publication that the second 
edition provides technical improvement from the previous edition as 
follows:
     Greater detail in set-up procedures and introduction of 
stability requirements for all measurement methods to ensure that 
results are as representative as possible;
     Refinement of measurement uncertainty requirements for 
power measuring instruments, especially for more difficult loads with 
high crest factor and/or low power factor;
     Updated guidance on product configuration, 
instrumentation, and calculation of measurement uncertainty.
    DOE has conducted a review of the second edition of IEC Standard 
62301, which is consistent with the requirement in EISA 2007 for DOE to 
consider the most current version of that standard. (42 U.S.C. 
6295(gg)(2)(A)) As a result of its investigation, DOE agrees with the 
commenters mentioned above (AHRI, No. 13 at p. 1, AHAM, No. 15 at p.2), 
that some improvement is possible with the incorporation of the second 
edition as it applies to the products that are the subject of this 
rulemaking. Specifically, IEC Standard 62301 (Second Edition) revises 
the standard's power measurement accuracy provisions, based on 
technical submissions that showed the inability to achieve the accuracy 
levels required by the first edition for certain operating regimes with 
the use of typical instrumentation. A more comprehensive specification 
of required accuracy is provided in IEC Standard 62301 (Second Edition) 
that depends upon the characteristics of the power being measured. The 
other major change in IEC Standard 62301 (Second Edition) that relates 
to the measurement of standby power consumption in covered products 
involves the specification of the stability criteria required to 
measure that power. IEC Standard 62301 (Second Edition) contains more 
detailed techniques to evaluate the stability of the power consumption 
and to measure the power consumption for loads with different stability 
characteristics. The manufacturer is given a choice of measurement 
procedures, including less burdensome methods such as direct meter 
reading methods. The less burdensome methods are allowed if certain 
clearly described conditions are met. DOE believes that the changes 
incorporated in IEC Standard 62301 (Second Edition) would allow for use 
of less burdensome methods when appropriate and would ensure accurate 
measures of standby energy consumption over a range of operating 
conditions that may be present in residential heating products.
    Accordingly, for the reasons discussed above, DOE is proposing to 
incorporate IEC Standard 62301 (Second Edition) into DOE's test 
procedure regulations for residential direct heating equipment and pool 
heaters. To this end, this supplemental notice is proposing to add a 
new reference in 10 CFR 430.3 for IEC Standard 62301 (Second Edition) 
alongside the existing reference to IEC Standard 62301 (First Edition). 
(Although DOE has tentatively determined that the provisions of IEC 
Standard 62301 (Second Edition) should be made applicable to 
residential direct heating equipment and pool heaters, the Department 
is currently maintaining the existing reference to IEC Standard 62301 
(First Edition), because other products continue to reference that 
standard.) In addition, DOE is proposing a number of editorial changes 
in the various appendices (G, O, P) which are necessary for residential 
direct heating equipment and pool heaters to allow for the correct 
referencing. For example, the definition sections of the individual 
appendices need to define IEC Standard 62301 as the second edition 
instead of the first edition. Also, there are some section numbering 
differences in the second edition which impact the text of the 
measurement provisions of DOE's various test procedures. Finally, as an 
editorial improvement, DOE is unifying the standby mode and off mode 
nomenclature used in the various test procedures. Specifically, the 
uniform nomenclature would use the expressions: PW,SB and 
PW,OFF in all test procedures. All of these proposed changes 
are reflected in the regulatory text which can be found at the end of 
this SNOPR.

B. Rounding Guidance

    IEC Standard 62301 (Second Edition) includes specific guidance on 
rounding for the various wattage measurements. For clarification 
purposes, DOE is proposing to include the IEC rounding guidance in this 
supplemental proposal. Specifically, it is proposed that the following 
sentence be added to the measurement provisions of the proposed 
regulatory text where appropriate: ``The recorded standby power 
(PW,SB) (or off mode power PW,OFF, where 
appropriate) 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.'' DOE requests comments as to the adequacy and 
appropriateness of this additional clarification.

C. Sampling Plans for Standby Mode and Off Mode

    Currently, sampling plans for the products that are the subject of 
this proposal are located in 10 CFR 429.17 for water heaters, 10 CFR 
429.22 for direct heating equipment, and 10 CFR 429.24 for pool 
heaters. These provisions specify the number of units of each basic 
model that a manufacturer must test to calculate the certified ratings 
for compliance and representation purposes. The sampling procedures 
provide that `` * * * a sample of sufficient size shall be randomly 
selected and tested to ensure [compliance].'' Id. For these products, a 
minimum of two units must be tested in order for a manufacturer to 
calculate the certified rating for each basic model, make 
representations about the basic model's energy consumption or 
efficiency, and certify compliance to the Department. This minimum is 
implicit in the requirement to calculate a mean--an average--which 
requires at least two values, and is consistent with the

[[Page 56351]]

general rule articulated under 10 CFR 429.11(b). Under no circumstances 
is a sample size of one (1) authorized. Manufacturers may need to test 
more than two samples depending on the variability of their sample.
    Consequently, DOE is proposing here that the existing DOE sampling 
plans for residential water heaters, direct heating equipment, and pool 
heaters be applied to the measurement of standby mode and off mode 
energy consumption. Specifically, the proposed wattage measurements 
(i.e., PW,SB and PW,OFF), as well as any other 
measure of energy consumption based on these values, would be subject 
to those sampling plan provisions contained in 10 CFR 429.22 for direct 
heating equipment and 10 CFR 429.24 for pool heaters. (Note: No added 
measures of energy consumption are proposed for residential water 
heaters.) Clarifying further, the wattage measurements would be subject 
to the sampling provisions applicable to measures of energy 
consumption.\4\ DOE invites comment on the application of the existing 
DOE sampling plans to standby mode and off mode measures of energy 
consumption, in particular the newly proposed metrics PW,SB 
and PW,OFF.
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    \4\ In general, DOE presents sampling calculations for both 
energy consumption and energy efficiency standards throughout 10 CFR 
part 429. Consumers prefer lower values for measures of energy 
consumption (i.e., thereby ensuring that the appliance in question 
uses less energy, which would translate into lower energy bills). 
Conversely, consumers generally prefer higher values for measures of 
energy efficiency (i.e., thereby ensuring that the appliance in 
question performs its operation using less energy over a given 
period of time, which again would translate into lower energy 
bills).
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D. Effective Date and Compliance Date

    The effective date for these amendments would be 30 days after 
publication of the test procedure final rule in the Federal Register. 
At that time, representations may be made using the new metrics 
PW,SB and PW,OFF and any other measure of energy 
consumption which depends on PW,SB and PW,OFF, 
which were adopted pursuant to these amendments. The compliance date 
for any representations relating to standby mode and off mode is 180 
days from date of publication of the test procedure final rule in the 
Federal Register; on or after that date, any such representations must 
be based upon results generated under these test procedures and 
sampling plans.
    However, DOE would clarify that use of these proposed test 
procedure amendments related to standby mode and off mode energy 
consumption would not be required for purposes of energy conservation 
standards compliance, until the compliance date of the next standards 
final rule that addresses standby mode and off mode.

E. Compliance With Other EPCA Requirements

    EPCA requires that ``[a]ny test procedures prescribed or amended 
under this section shall be reasonably designed to produce test results 
which measure energy efficiency, energy use * * * or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use * * * and shall not be unduly burdensome to 
conduct.'' (42 U.S.C. 6293(b)(3))
    Today's supplemental proposed amendments to the DOE test procedures 
for direct heating equipment and pool heaters would incorporate the 
most current version of IEC Standard 62301 in lieu of the previous 
version. DOE believes these new provisions would produce valid results, 
while reducing testing burden. Accordingly, this proposal would meet 
the requirements of 42 U.S.C. 6293(b)(3).
    In addition, DOE has determined that these amendments would not 
alter the measured efficiency used by the current energy conservation 
standard for these products. (42 U.S.C. 6293(e)(1)) Consistent with its 
mandate pursuant to EISA 2007, DOE is clarifying in this SNOPR that use 
of these proposed test procedure amendments related to standby mode and 
off mode energy consumption would not be required for purposes of 
energy conservation standards compliance, until the compliance date of 
the next standards final rule that addresses standby mode and off mode. 
That standards rulemaking will factor in these new test procedure 
amendments when setting an appropriate standard level. Accordingly, no 
modifications to the applicable energy conservation standards are 
required at this time. (42 U.S.C. 6293(e)(2))

IV. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the August 30, 2010 NOPR 
remain unchanged for this SNOPR. These determinations are set forth in 
the August 30, 2010 NOPR. 75 FR 52892, 52901-03. If anything, the 
additional changes proposed in this SNOPR (e.g., different options for 
stability criteria) would be expected to further reduce testing burden 
beyond what is specified in the August 30, 2010 NOPR.

V. Public Participation

    DOE will accept comments, data, and information regarding the SNOPR 
no later than the date provided at the beginning of this notice. 
Comments, data, and information submitted to DOE's e-mail address for 
this rulemaking should be provided in WordPerfect, Microsoft Word, PDF, 
or text (ASCII) file format. Stakeholders should avoid the use of 
special characters or any form of encryption, and wherever possible 
comments should include the electronic signature of the author. 
Comments, data, and information submitted to DOE via mail or hand 
delivery/courier should include one signed paper original. No 
telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document that 
includes all of the information believed to be confidential, and one 
copy of the document with that information deleted. DOE will determine 
the confidential status of the information and treat it accordingly.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include the following: (1) A 
description of the items; (2) whether and why such items are 
customarily treated as confidential within the industry; (3) whether 
the information is generally known by or available from other sources; 
(4) whether the information was previously made available to others 
without obligation concerning its confidentiality; (5) an explanation 
of the competitive injury to the submitting person that would result 
from public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

VI. Issues on Which DOE Seeks Comment

    Although comments are welcome on all aspects of this rulemaking, 
DOE is particularly interested in receiving comments and views of 
interested parties on the following issues:
    1. Appropriateness of measurement instrument uncertainty 
requirements of IEC Standard 62301 (Second Edition). DOE invites 
comment on the appropriateness of the measurement instrument 
uncertainty requirements specified in Section 4.4 of IEC Standard 62301 
(Second Edition) to measure standby mode and off mode power

[[Page 56352]]

consumption for direct heating equipment and pool heaters.
    2. Adequacy of the measurement approach described in IEC Standard 
62301 (Second Edition). DOE invites comments on the adequacy of the 
measurement provisions described in Section 5 of IEC Standard 62301 
(Second Edition) to measure standby mode and off mode power consumption 
for direct heating equipment and pool heaters.
    3. Adequacy of clarification statements. DOE invites comments on 
the adequacy of incorporating into DOE regulations the following 
specific provisions from IEC Standard 62301 (Second Edition): Section 
4.4 and Section 5 of IEC 62301, along with the clarification statements 
in the DOE test procedures
    4. Adequacy of rounding guidance. DOE invites comment on the 
incorporation of the IEC Standard 62301 (Second Edition) rounding 
guidance into the DOE test procedures' proposed measurements of 
PW,SB and PW,OFF.
    5. Adequacy of existing sampling plans. DOE invites comment on the 
application of the existing DOE sampling plans to standby mode and off 
mode measures of energy consumption, in particular the newly proposed 
metrics PW,SB and PW,OFF.

VII. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 
supplemental 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 August 30, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
    For the reasons stated in the preamble, DOE proposes to amend part 
430 of Chapter II, Subchapter D of Title 10 of the Code of Federal 
Regulations, to read as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for part 430 continues to read as 
follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
    2. Section 430.3 is amended by:
    a. Revising paragraph (c)(13) to read as follows;
    b. Adding a new paragraph (1)(2) to read as follows:

Sec.  430.3  Materials incorporated by reference.

* * * * *
    (c) * * *
* * * * *
    (13) ANSI Z21.56--2006 (``ANSI Z21.56''), Standard for Gas-Fired 
Pool Heaters, approved December 13, 2005, IBR approved for Appendix P 
to Subpart B.
* * * * *
    (1) * * *
* * * * *
    (2) International Electrotechnical Commission (IEC) Standard 62301 
(``IEC 62301''), Household electrical appliances--Measurement of 
standby power (second edition, February 2011), IBR approved for 
Appendix G, O, and P to Subpart B.
* * * * *

Sec.  430.23  [Amended]

    3. Section 430.23 is amended by:
    a. Removing the words ``section 4.2 of appendix P'' in paragraph 
(p)(1)(i) and adding in their place ``section 5.2 of appendix P'', and
    b. Removing the words ``section 4.3 of appendix P'' in paragraph 
(p)(1)(ii) and adding in their place ``section 5.3 of appendix P''.
* * * * *
    4. Appendix G to Subpart B of Part 430 is amended in section 2 by 
adding new sections 2.3, 2.3.1, 2.4, and 2.4.1 to read as follows:
* * * * *

Appendix G to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Unvented Home Heating Equipment

* * * * *
    2. Testing and measurements.
* * * * *
    2.3 Pilot light measurement. Except as provided in section 
2.3.1, measure the energy input rate to the pilot light 
(Qp), with an error no greater than 3 percent, for 
unvented heaters so equipped.
    2.3.1 The measurement of Qp is not required for 
unvented heaters where the pilot light is designed to be turned off 
by the user when the heater is not in use (i.e., for units where 
turning the control to the OFF position will shut off the gas supply 
to the burner(s) and the pilot light). This provision applies only 
if an instruction to turn off the unit is provided on the heater 
near the gas control valve (e.g., by label) by the manufacturer.
    2.4 Electrical standby mode power measurement. Except as 
provided in section 2.4.1, for all electric heaters and unvented 
heaters with electrical auxiliaries, measure the standby power 
(PW,SB) in accordance with the procedures in the 
International Electrotechnical Commission (IEC) Standard 62301, 
``Household electrical appliances--Measurement of standby power,'' 
Publication 62301 second edition, February 2011 (incorporated by 
reference; see Sec.  430.3), with all electrical auxiliaries not 
activated. Voltage shall be as specified in section 1.4.1 Electrical 
supply of this appendix. 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.
    2.4.1 The measurement of PW,SB is not required for 
heaters designed to be turned off by the user when the heater is not 
in use (i.e., for units where turning the control to the OFF 
position will shut off the electrical supply to the heater). This 
provision applies only if an instruction to turn off the unit is 
provided on the heater (e.g., by label) by the manufacturer.
* * * * *
    5. Appendix O to Subpart B of Part 430 is amended by:
    a. Adding a Note after the heading;
    b. Redesignating sections 1.1 through 1.32 as follows:

------------------------------------------------------------------------
              Old sections                         New sections
------------------------------------------------------------------------
1.1 to 1.14.............................  1.2 to 1.15
1.15 to 1.19............................  1.17 to 1.21
1.20 and 1.21...........................  1.23 and 1.24
1.22 to 1.25............................  1.26 to 1.29
1.26 to 1.32............................  1.31 to 1.37
------------------------------------------------------------------------

    c. Adding new sections 1.1, 1.16, 1.22, 1.25 and 1.30;
    d. Adding new sections 3.7, 3.7.1, and 3.7.2; and
    e. Revising sections 4.6.3 and 4.6.3.1, and adding a new section 
4.7.
    The additions and revisions read as follows:

Appendix O to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Vented Home Heating Equipment

    Note:  The procedures and calculations that refer to standby 
mode and off mode energy consumption, (i.e., sections 3.7 and 4.7 of 
this appendix O) need not be performed to determine compliance with 
energy conservation standards for vented heaters at this time. 
However, any representation related to standby mode and off mode 
energy consumption of these products made after corresponding 
revisions to the vented home heating equipment test procedure must 
be based upon results generated under this test procedure, 
consistent with the requirements of 42 U.S.C. 6293(c)(2). For vented 
home heating equipment, the statute requires that after July 1, 
2010, any adopted energy conservation standard shall incorporate 
standby mode and off mode energy consumption, and upon the 
compliance date for such standards, compliance with the applicable 
provisions of this test procedure will also be required.

[[Page 56353]]

1.0. Definitions

    1.1 ``Active mode'' means the condition during the heating 
season in which the vented heater is connected to the power source, 
and either the burner or any electrical auxiliary is activated.
* * * * *
    1.16 ``IEC 62301'' means the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301 second edition, February 2011. (incorporated by reference; see 
Sec.  430.3)
* * * * *
    1.22 ``Off mode'' means the condition during the non-heating 
season in which the vented heater is connected to the power source, 
and neither the burner nor any electrical auxiliary is activated.
* * * * *
    1.25 ``Seasonal off switch'' means the control device, such as a 
lever or toggle, on the vented heater that affects a difference in 
off mode energy consumption as compared to standby mode consumption.
* * * * *
    1.30 ``Standby mode'' means the condition during the heating 
season in which the vented heater is connected to the power source, 
and neither the burner nor any electrical auxiliary is activated.
* * * * *

3.0 Testing and Measurements.

* * * * *

3.7 Measurement of Electrical Standby Mode and Off Mode Power

    3.7.1 Standby power measurements. With all electrical 
auxiliaries of the vented heater not activated, measure the standby 
power (PW,SB) in accordance with the procedures in IEC 
62301 (incorporated by reference, see Sec.  430.3), except that 
section 2.9, Room ambient temperature, and the voltage provision of 
section 2.3.5, Electrical supply, of this appendix shall apply in 
lieu of the IEC 62301 corresponding sections 4.2, Test room, and 
4.3, Power supply. Clarifying further, the IEC 62301 sections 4.4, 
Power measuring instruments, and section 5, Measurements, shall 
apply in lieu of section 2.8, Energy flow instrumentation, of this 
appendix. Measure the wattage so that all possible standby mode 
wattage for the entire appliance is recorded, not just the standby 
mode wattage of a single auxiliary. 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.
    3.7.2 Off mode power measurement. If the unit is equipped with a 
seasonal off switch or there is an expected difference between off 
mode power and standby mode power, measure off mode power 
(PW,OFF) in accordance with the standby power procedures 
in IEC 62301 (incorporated by reference, see Sec.  430.3), except 
that section 2.9, Room ambient temperature, and the voltage 
provision of section 2.3.5, Electrical supply, of this appendix 
shall apply in lieu of the IEC 62301 corresponding sections 4.2, 
Test room, and 4.3, Power supply. Clarifying further, the IEC 62301 
sections 4.4, Power measuring instruments, and section 5, 
Measurements, shall apply in lieu of section 2.8, Energy flow 
instrumentation, of this appendix. Measure the wattage so that all 
possible off mode wattage for the entire appliance is recorded, not 
just the off mode wattage of a single auxiliary. If there is no 
expected difference in off mode power and standby mode power, let 
PW,OFF = PW,SB, in which case no separate 
measurement of off mode power is necessary. 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.

4.0 Calculations

* * * * *
    4.6.3 Average annual auxiliary electrical energy consumption for 
vented heaters. For vented heaters with single-stage controls or 
manual controls, the average annual auxiliary electrical consumption 
(EAE) is expressed in kilowatt-hours and defined as:

EAE = BOHSSPE + ESO

Where:

BOHSS = as defined in 4.6.1 of this appendix
    PE = as defined in 3.1.3 of this appendix
    ESO = as defined in 4.7 of this appendix

    4.6.3.1 For vented heaters with two-stage or modulating 
controls, EAE is defined as:

EAE = (BOHR + BOHH)PE + 
ESO

Where:

BOHR = as defined in 4.6.1 of this appendix
BOHH = as defined in 4.6.1 of this appendix
PE = as defined in 3.1.3 of this appendix
ESO = as defined in 4.7 of this appendix
* * * * *
    4.7 Average annual electric standby mode and off mode energy 
consumption. Calculate the annual electric standby mode and off mode 
energy consumption, ESO, defined as, in kilowatt-hours:

    ESO = ((PW,SB * (4160--BOH)) + 
(PW,OFF * 4600)) * K

Where:

    PW,SB = vented heater standby mode power, in watts, 
as measured in section 3.7
4160 = average heating season hours per year
PW,OFF = vented heater off mode power, in watts, as 
measured in section 3.7
4600 = average non-heating season hours per year
K = 0.001 kWh/Wh, conversion factor for watt-hours to kilowatt-
hours.
BOH = burner operating hours as calculated in section 4.6.1 where 
for single-stage controls or manual controls vented heaters BOH = 
BOHSS and for vented heaters equipped with two-stage or 
modulating controls BOH = (BOHR + BOHH).

    6. Appendix P to Subpart B of Part 430 is revised to read as 
follows:

Appendix P to Subpart B of Part 430-Uniform Test Method for Measuring 
the Energy Consumption of Pool Heaters

    Note:  The procedures and calculations that refer to standby 
mode and off mode energy consumption (i.e., sections 2.2, 2.3, 3.2, 
4.2, 4.3, 5.3 equation (3), and 5.4 of this appendix P) need not be 
performed to determine compliance with energy conservation standards 
for pool heaters at this time. However, any representations related 
to standby mode and off mode energy consumption of these products 
made after corresponding revisions to the pool heaters test 
procedure must be based upon results generated under this test 
procedure, consistent with the requirements of 42 U.S.C. 6293(c)(2). 
For pool heaters, the statute requires that after July 1, 2010, any 
adopted energy conservation standard shall incorporate standby mode 
and off mode energy consumption, and upon the compliance date for 
such standards, compliance with the applicable provisions of this 
test procedure will also be required.

1. Definitions

    1.1. Active mode means the condition during the pool heating 
season in which the pool heater is connected to the power source, 
and the main burner, electric resistance element, or heat pump is 
activated to heat pool water.
    1.2 IEC 62301 means the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301, second edition, February 2011. (incorporated by reference; 
see Sec.  430.3)
    1.3 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, electric resistance elements, nor heat 
pump is activated.
    1.4 Seasonal off switch means a switch present on the pool 
heater that effects a difference in off mode energy consumption as 
compared to standby mode energy consumption.
    1.5 Standby mode means the condition during the pool heating 
season in which the pool heater is connected to the power source, 
and neither the main burner, electric resistance elements, nor heat 
pump is activated.

Test Method

    2.1 Active mode. The test method for testing pool heaters in 
active mode is as specified in ANSI Z21.56 (incorporated by 
reference; see Sec.  430.3).
    2.2 Standby mode. The test method for testing the energy 
consumption of pool heaters in standby mode is as described in 
sections 3 through 5 below.
    2.3 Off mode.
    2.3.1 Pool heaters with a seasonal off switch.
    For pool heaters with a seasonal off switch, no off-mode test is 
required.
    2.3.2 Pool heaters without a seasonal off switch.
    For pool heaters without a seasonal off switch, the test method 
for testing the energy consumption of the pool heater is as 
described in sections 3 through 5 below.

3. Test Conditions

    3.1 Active mode. Establish the test conditions specified in 
section 2.10 of ANSI

[[Page 56354]]

Z21.56 (incorporated by reference; see Sec.  430.3).
    3.2 Standby mode and off mode. Following the conclusion of the 
30-minute active mode test described in section 3.1, reduce the 
thermostat setting to a low enough temperature to put the pool 
heater into standby mode. Reapply the energy sources and operate the 
pool heater in standby mode for 60 minutes.

4. Measurements

    4.1 Active mode. Measure the quantities delineated in section 
2.10 of ANSI Z21.56 (incorporated by reference; see 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).
    4.2 Standby mode. Record the average electric power consumption 
during the standby mode test, PW,SB, in W, in accordance 
with section 5 of IEC 62301 (incorporated by reference; see Sec.  
430.3) and the fossil fuel energy consumption during the standby 
test, Qp, in Btu. Ambient temperature and voltage 
specifications of ANSI Z21.56 (incorporated by reference; see Sec.  
430.3) 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. 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 (incorporated by reference; see Sec.  430.3), 
and the fossil fuel energy consumption during the off mode test, 
Qoff (= Qp), in Btu. Ambient temperature and 
voltage specifications of ANSI Z21.56 (incorporated by reference; 
see Sec.  430.3) 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. 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.
    5.2 Average annual fossil fuel energy for 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.
QPR = average energy consumption rate of continuously 
operating pilot light, if employed, = (QP/1 h)
QP = energy consumption of continuously operating pilot 
light, if employed, as measured in section 4.2, in Btu
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 auxiliary electrical energy consumption for 
pool heaters. The average annual auxiliary electrical energy 
consumption for pool heaters, EAE, is expressed in Btu 
and defined as:

(1) EAE = EAE,active + 
EAE,standby,off
(2) EAE,active = BOH * PE
(3) EAE,standby,off = (POH-BOH) PW,SB(Btu/h) + 
(8760-POH) PW,OFF(Btu/h)

Where:

EAE,active = auxiliary electrical consumption in the 
active mode
EAE,standby,off = auxiliary electrical consumption in the 
standby mode and off mode
PE = 2Ec, if heater is tested according to section 2.10.1 
of ANSI Z21.56 (incorporated by reference; see Sec.  430.3), in Btu/
h = 3.412 PErated, if heater is tested according to 
section 2.10.2 of ANSI Z21.56, in Btu/h
Ec = electrical consumption of the heater (converted to 
equivalent unit of Btu), including the electrical energy to the 
recirculating pump if used, during the 30-minute thermal efficiency 
test, as defined in section 2.10.1 of ANSI Z21.56, in Btu per 30 
min.
2 = conversion factor to convert unit from per 30 min. to per h.
PErated = nameplate rating of auxiliary electrical 
equipment of heater, in Watts
BOH = as defined in 5.2 of this appendix
POH = as defined in 5.2 of this appendix
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

    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. 2011-23089 Filed 9-12-11; 8:45 am]
BILLING CODE 6450-01-P
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