Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Proposed Rules 675 

1This part was originally titled Part B. It was 

redesignated Part A in the United States Code for 

editorial reasons. 

2All references to EPCA in this document refer 

to the statute as amended through the Energy 

Independence and Security Act of 2007, Public Law 

110–140 (Dec. 19, 2007). 

appropriate District Court to obtain a 

monetary judgment against the 

Respondent and such other relief as may 

be available. The monetary judgment 

may, in the court’s discretion, include 

attorney’s fees and other expenses 

incurred by the United States in 

connection with the action. 

(2) Reviewability of determination. In 

an action under this paragraph, the 

validity and appropriateness of a 

determination by the Agency imposing 

the penalty shall not be subject to 

review. 

(k) Application of other remedies. A 

civil money penalty may be imposed in 

addition to other administrative 

sanctions or any other civil remedy or 

criminal penalty. 

Dated: November 15, 2012. 

Tammye Trevino, 

Administrator, Rural Housing Service. 

[FR Doc. 2012–31712 Filed 1–3–13; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2012–BT–TP–0024] 

RIN 1904–AC79 

Energy Conservation Program for 

Consumer Products: Test Procedure 

for Residential Furnaces and Boilers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information (RFI). 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating a rulemaking 

and data collection process to consider 

amendments to DOE’s test procedure for 

residential furnaces and boilers. 

Because DOE has recently completed a 

test procedure rulemaking for the 

standby mode and off mode energy 

consumption of these products, the 

primary focus of this rulemaking will be 

on active mode operation. This 

rulemaking is intended to fulfill DOE’s 

statutory obligation to review its test 

procedures for covered products at least 

once every seven years. To inform 

interested parties and to facilitate the 

process, DOE has gathered data and has 

identified several issues that might 

warrant modifications to the currently 

applicable test procedures, including 

topics on which DOE is particularly 

interested in receiving comment. In 

overview, the issues outlined in this 

document mainly concern reducing the 

test burden, test conditions impacting 

the annual fuel utilization efficiency 

(AFUE) metric, test conditions 

impacting non-AFUE efficiency 

parameters, the performance test for 

automatic means in boilers, 

harmonization of standards, alternative 

methods for furnace/boiler efficiency 

determination, and scope. These topics 

(and others which commenters identify) 

are ones which DOE anticipates may 

lead to proposed test procedure 

amendments in a subsequent notice of 

proposed rulemaking (NOPR). DOE 

welcomes written comments from the 

public on any subject related to the test 

procedures for residential furnaces and 

boilers, including topics not specifically 

raised in this RFI. 

DATES: Written comments and 

information are requested on or before 

February 19, 2013. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2011–BT–TP–0024 and/ 

or RIN 1904–AC79, by any of the 

following methods: 

• Email: Res-Furnaces-Boilers-2012-

TP-0024@ee.doe.gov. Include EERE– 

2012–BT–TP–0024 and/or RIN 1904– 

AC79 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. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585– 0121. 

Telephone: (202) 586–2945. 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, 6th 

Floor, 950 L’Enfant Plaza SW., 

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. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. No telefacsimilies (faxes) 

will be accepted. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see section III of 

this document (Public Participation). 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to 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. Email: 

residential_furnaces_and_boilers@

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: 

Brend.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Discussion 

A. Reducing Test Burden 

B. Test Conditions Impacting Energy 

Efficiency (AFUE) Performance 

C. Test Conditions Impacting Non-AFUE 

Efficiency Parameters 

D. Performance Test for Automatic Means 

in Boilers 

E. Harmonization of Standards 

F. Alternative Methods for Furnace/Boiler 

Efficiency Determination 

G. Scope 

H. Standby Mode and Off Mode 

I. Other Issues 

III. Public Participation 

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 (42 

U.S.C. 6291–6309, as codified) sets forth 

a variety of provisions designed to 

improve energy efficiency and 

establishes the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles,2 including 

residential furnaces and boilers. (42 

U.S.C. 6291(1)–(2) and 6292(a)(5)) 

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676 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Proposed Rules 

3 Identified default draft factors in DOE’s 

residential furnaces and boilers test procedure 

include the off-cycle draft factor for flue gas flow 

(DF), the off-cycle draft factor for stack gas flow (DS), 

the off-cycle draft factor for stack gas flow without 

a stack damper (DS

O), and the power burner draft 

Under the Act, this program consists 

essentially 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 both the basis for certifying to 

DOE that their products comply with 

applicable energy conservation 

standards adopted pursuant to EPCA, 

and for making representations about 

the efficiency of those products. (42 

U.S.C. 6293(c); 42 U.S.C. 6295(s)) 

Similarly, DOE must use these test 

procedures to determine whether the 

products comply with any relevant 

standards adopted under EPCA. (42 

U.S.C. 6295(s)) 

Under 42 U.S.C. 6293, EPCA sets forth 

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 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 the 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 

various types of residential furnace and 

boiler products not later than December 

19, 2014 (i.e., 7 years after the 

enactment of EISA 2007). Thus, the final 

rule resulting from this rulemaking will 

satisfy the requirement to review the 

test procedures for furnaces and boilers 

within seven years of the enactment of 

EPCA. 

DOE’s test procedure for residential 

furnaces and boilers is found at 10 CFR 

430.23(n) and 10 CFR part 430, subpart 

B, appendix N, Uniform Test Method for 

Measuring the Energy Consumption of 

Furnaces and Boilers. DOE established 

its test procedures for furnaces and 

boilers in a final rule published in the 

Federal Register on May 12, 1997. 62 

FR 26140. This procedure establishes a 

means for determining annual energy 

efficiency (AFUE) and annual energy 

consumption of gas-fired, oil-fired, and 

electric furnaces and boilers. 

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)) Consequently, DOE 

amended its test procedures for 

residential furnaces and boilers to 

include provisions for measuring the 

standby mode and off mode energy 

consumption of those products. DOE 

published a final rule in the Federal 

Register on October 20, 2010, which 

updated the DOE test procedures for 

residential furnaces and boilers to 

address the standby mode and off mode 

test procedure requirements under 

EPCA. 75 FR 64621. Since that time, 

DOE published a notice of proposed 

rulemaking (NOPR) 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 incorporated by 

reference in the earlier final rule, as well 

as providing guidance on rounding and 

sampling. 76 FR 56339. On December 

31, 2012, DOE published in the Federal 

Register its second test procedure final 

rule for furnaces and boilers related to 

standby mode and off mode, which 

incorporated by reference IEC Standards 

62301 (Second Edition) and provided 

related rounding and sampling 

guidance. However, that rulemaking 

was limited to test procedure updates to 

address the above-referenced standby 

mode and off mode requirements, and 

consequently, it has not considered 

several other potential non-standby 

mode/off mode issues in DOE’s existing 

test procedures for residential furnaces 

and boilers which DOE plans to address 

in this rulemaking. The potential issues 

that DOE has preliminarily identified 

and plans to address in this rulemaking 

are discussed in detail below in section 

II of this RFI. 

In support of its test procedure 

rulemaking, DOE conducts in-depth 

technical analyses of publicly-available 

test standards and other relevant 

information. DOE continually seeks data 

and public input to improve its testing 

methodologies to more accurately reflect 

consumer use and to produce repeatable 

results. In general, DOE is requesting 

comment and supporting data regarding 

representative and repeatable methods 

for measuring the energy use of 

residential furnaces and boilers. 

Additionally, DOE seeks comment and 

information on the specific topics 

below. 

II. Discussion 

A. Reducing Test Burden 

DOE plans to identify available 

opportunities to potentially reduce 

testing burden by simplifying 

appropriate parts of the residential 

furnaces and boilers test procedure. 

Knowledge of a unit’s physical 

characteristics may make it possible to 

reliably predict certain performance 

parameters without conducting testing. 

If so, replacing certain burdensome tests 

with default factors could significantly 

reduce the testing burden (time to 

conduct a test or cost of testing) without 

sacrificing the validity of the test 

results. Of course, manufacturers would 

retain the option to conduct actual 

testing, rather than rely on default 

values. 

DOE plans to also reassess existing 

default factors in the test procedure, 

many of which were created years ago 

and might no longer be relevant for 

some of today’s product designs. For 

example, the existing off-cycle draft 

factor for flue gas flow (DF) default value 

of 0.4 for induced draft products was 

established for clamshell heat 

exchangers intended for use in gravity 

vented units. Today’s products are 

designed with more restrictive heat 

exchangers (tubes and small formed 

sections) and are likely to result in draft 

factors less than 0.4. Regarding default 

factors, DOE requests input and 

comments on: 

(1) Defining default draft factors 3 for 

each product with different physical 

characteristics; 

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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Proposed Rules 677 

factor (DP). DF is the ratio of gas mass flow rate 

through the flue during the off-cycle to the gas mass 

flow rate through the flue during the on-cycle at 

identical temperatures. DP is the ratio of the rate of 

flue gas mass flow through the furnace during the 

off-period to the rate of flue gas mass flow through 

the furnace during the on-period. 

4 Identified default jacket loss factors in DOE’s 

residential furnaces and boilers test procedure 

include jacket loss factor (CJ) and jacket loss (LJ), 

which measure the losses resulting from heat 

escaping the furnace or boiler jacket. 

5American Society of Heating Refrigerating and 

Air-Conditioning Engineers Inc., ASHRAE 

Standard: Method of Testing for Annual Fuel 

Utilization Efficiency of Residential Central 

Furnaces and Boilers (1993) Report No. ANSI/ 

ASHRAE 103–1993. 

6American Society of Heating Refrigerating and 

Air-Conditioning Engineers Inc., ASHRAE 

Standard: Method of Testing for Annual Fuel 

Utilization Efficiency of Residential Central 

Furnaces and Boilers (2007) Report No. ANSI/ 

ASHRAE 103–2007. 

7System numbers are used in the ASHRAE 103 

test procedure to categorize the different types of 

furnaces and boilers to be tested. ‘‘System 9’’ or 

‘‘System10’’ refer to furnaces or boilers that are 

outdoor, direct vent, or isolated combustion 

systems. ‘‘System 3’’ refers to furnaces or boilers 

that can use indoor combustion air and have direct 

exhaust. 

8 ‘‘Oversize factor’’ accounts for the national 

average oversizing of equipment that occurs when 

a heating equipment is sized to satisfy more than 

the heating load of the household. This is typically 

done to size the equipment so that it is able to 

satisfy the days in which the house heating 

requirements might be exceeded and/or to take into 

account uncertainties regarding house heating load. 

For example, a 0.7 oversize factor is equivalent to 

30-percent oversizing of the heating equipment (in 

other words, 30 percent greater input capacity than 

is required). 

(2) Defining default jacket loss 4

factors for each product type; 

(3) The appropriateness of replacing 

the ‘‘heat up’’ and ‘‘cool down’’ tests 

with default seasonal factors to account 

for the year-round performance of the 

equipment. If so, should these factors be 

based on physical characteristics of the 

equipment being evaluated, and should 

the use of default factors be optional or 

mandatory? Also, DOE is requesting 

data about the effect of the heat up and 

cool down test result measurements on 

AFUE calculation, the range and 

repeatability of the test results, and the 

degree to which such results are 

correlated with physical attributes of the 

tested product. 

(4) Simplifying the calculation 

procedure for determining the burner 

cycling and draft losses used to compute 

seasonal efficiency without losing 

important insight about a product’s 

relative energy performance; and 

(5) Other default values that need 

updating or parameters currently 

measured that could be replaced with 

default values. 

B. Test Conditions Impacting Energy 

Efficiency (AFUE) Performance 

DOE is interested in receiving 

comments about improving the test 

procedure’s effectiveness in quantifying 

energy efficiency performance under 

typical field conditions. DOE has 

identified opportunities to reduce 

variability, eliminate ambiguity, and 

address discrepancies between the test 

procedure and actual field conditions. 

On this topic, DOE seeks input on the 

following issues: 

(1) The DOE test procedure 

incorporates by reference the American 

Society of Heating, Refrigerating and 

Air-Conditioning Engineers (ASHRAE) 

Standard 103–1993.5 In 2007, ASHRAE 

published a revised version of Standard 

103 (ASHRAE Standard 103–2007), 

which was updated to reflect 

improvements and changes in 

equipment design that were not 

adequately covered by the previous 

version of the standard. In particular, 

attention was given to the modern 

classes of two-stage and modulating 

equipment that have come on the 

market, as well as equipment whose 

performance is affected by post purge of 

the combustion chamber. Greater 

understanding and clarity regarding 

energy losses were also incorporated 

into the updated ASHRAE standard. 

Finally, changes in nomenclature and 

definitions were included to clarify 

meaning within the standard, a need 

reflected by questions and issues posed 

to ASHRAE committee members over 

the past 10 years. Furthermore, 

editorially, the errata from the previous 

version were incorporated into this 

version. DOE plans on updating its 

references to the current ASHRAE 

Standard 103–2007 6 and seeks 

comments on which sections of 

ASHRAE 103–2007 should be included 

in the DOE test procedure. 

(2) DOE plans to review the tolerance 

ranges for measuring important 

variables such as fuel calorific value, 

weight of condensate, water flow and 

temperature, voltage, and flue gas 

composition. DOE seeks comment as to 

whether the existing tolerance ranges for 

measuring variables in the test 

procedure are acceptable or whether 

DOE should define different methods of 

measuring and recording such variables. 

(3) DOE plans to review the statistical 

variability encountered during testing in 

important variables such as firing rate, 

heating media temperatures and flow 

rates, and ambient air temperature. For 

example, the firing rate is generally to 

be set and held to within ±2% of the 

nameplate rating. DOE seeks comment 

regarding whether this range should be 

narrowed. 

(4) Room ambient air temperatures are 

currently allowed to vary widely. Under 

the DOE test procedure, the room 

temperature is allowed to be between 65 

°F and 100 °F, except for condensing 

furnaces and boilers, where the room 

temperature shall not exceed 85 °F. DOE 

plans to review whether it is 

appropriate to tighten the allowable 

room air temperature range. DOE seeks 

comment as to whether it should tighten 

the allowable room air temperature 

range. 

(5) Currently, a minimum draft factor 

of 0.05 can be applied to products with 

restricted flueways without providing a 

list of qualifications or instructions as to 

how to verify that the units are designed 

with no measurable airflow through the 

combustion chamber and heat 

exchanger during the burner off-period. 

DOE seeks comment as to whether and 

under what conditions, a minimum 

draft factor should be used for products 

with restricted flueways and how the 

conditions could be verified if questions 

arose. 

(6) DOE requires all non-weatherized 

boilers to be rated as indoor equipment 

(see 10 CFR part 430, subpart B, 

appendix N, section 10.1). This implies 

that direct vent boilers that would 

normally meet the definition of System 

9 or System 10 should instead be 

defined as one of the other System 

numbers.7 DOE plans to review whether 

it is appropriate for direct vent boilers 

to be calculated according to System 3 

or alternatively according to System 9 or 

10, but with jacket losses excluded (i.e., 

LJ=0). DOE seeks input regarding how 

direct vent boilers should be tested. 

(7) DOE plans to review the current 

value of the oversize factor 8 (0.7) to 

investigate whether current field 

installations can be better 

approximated, for both furnaces and 

boilers. DOE seeks comment regarding 

an appropriate value for the oversize 

factor. 

(8) Currently, the DOE test procedure 

provides that water supply temperature 

must be between 120 °F and 124 °F for 

non-condensing hot water boilers and 

120 °F (±2 °F) for condensing hot water 

boilers. DOE plans to review the value 

for the water supply temperature for 

non-condensing and condensing boilers. 

DOE seeks comment on the appropriate 

water supply temperature for measuring 

the performance of non-condensing and 

condensing boilers. Should DOE change 

the water temperatures for condensing 

boilers to reflect the lower temperatures 

encountered in low-temperature radiant 

installations? 

(9) The current DOE test procedure 

does not specify that the tested 

equipment is set up according to 

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678 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Proposed Rules 

9American National Standards Institute, 

American National Standard/CSA Standard for 

Gas-Fired Low Pressure Steam and Hot Water 

Boilers (2010) Report No. ANSI Z21.13–2010, CSA 

4.9–2010. 

10American National Standards Institute, 

American National Standard/CSA Standard for 

Gas-Fired Central Furnaces (2006) Report No. ANSI 

Z21.47–2006, CSA 2.3–2006. 

11American Society of Heating Refrigerating and 

Air-Conditioning Engineers Inc., ASHRAE 

Standard: Method of Testing for Annual Fuel 

Utilization Efficiency of Residential Central 

Furnaces and Boilers (2007) Report No. ANSI/ 

ASHRAE 103–2007. 

recommended field settings as defined 

in the product’s installation and 

operation manual. This potentially 

allows the unit to be tested under 

conditions that are different from the 

field or may not be recommended for 

safety reasons. Examples of such test 

conditions include a different flue CO2

percentage or reduced input rate from 

the recommended field settings. DOE 

plans to review the use of manufacturerrecommended values in testing, such as 

the minimum firing rate for testing a 

unit equipped with manually-adjustable 

controls (see ASHRAE 103–2007, 

section 8.4.1.1.2) and target flue gas CO2

levels. Should DOE change the test 

procedure to specify that the tested 

equipment is set up according to 

recommended field settings as defined 

in the product’s installation and 

operation manual? 

(10) AFUE ratings are typically 

reported in manufacturer product 

literature and on directories of certified 

products to the nearest 0.1, but this is 

neither specified in the DOE test 

procedure nor explicitly required by the 

Federal Trade Commission (FTC). 

Instead, DOE’s test procedure specifies 

that the AFUE rating should be rounded 

to the nearest whole percentage point 

(see 10 CFR 430.23(n)(2)). DOE plans to 

specify the requisite number of 

significant digits as part of this test 

procedure rulemaking. DOE solicits 

input on how much precision is 

statistically possible. 

(11) Vent stack requirements differ 

between ANSI Z21.13 9 or ANSI 

Z21.47 10 and the DOE test procedure. 

DOE plans to review the difference in 

efficiency rating attributable to the 

differences in vent stack configuration 

between the DOE test procedure and 

ANSI Z21.13 or ANSI Z21.47. DOE 

seeks comment on whether it should 

consider adopting the same vent stack 

requirements as set forth in ANSI 

Z21.13 or ANSI Z21.47. 

C. Test Conditions Impacting Non-AFUE 

Efficiency Parameters 

DOE plans to improve the ability of 

the test procedure to measure nonAFUE energy efficiency parameters 

under typical field conditions. 

Regarding this topic, DOE seeks input 

on: 

(1) The boiler test procedure measures 

only the power supplied to the power 

burner motor, the ignition device, and 

the circulating pump (see 10 CFR part 

430, subpart B, appendix N, section 

10.2.1). Some boilers are equipped with 

an internal pump used to maintain a 

minimum flow rate through the heat 

exchanger that does not function as a 

system circulating pump. DOE seeks 

comment on whether the boiler average 

annual auxiliary electrical energy 

consumption (EAE) calculations should 

include one system circulating pump 

and an additional pump (if present) that 

circulates water during the operation of 

the burner. 

(2) Modulating power burners are 

often equipped with variable speed 

motors. The efficiency of the motor/ 

blower combination changes with the 

firing rate. The same may be true for 

circulating pumps. Currently, DOE’s test 

procedure assumes a fixed motor 

efficiency. For equipment with 

modulating power burners, using a fixed 

motor efficiency would produce 

inaccurate electricity consumption 

estimates, since the motor efficiency 

varies at the different firing rates. DOE 

plans to incorporate a method for partload efficiency into its electricity 

consumption calculations for 

modulating equipment. DOE requests 

input regarding the appropriateness of 

incorporating a method for part-load 

efficiency into its electricity 

consumption calculations and input on 

what method DOE should use. 

(3) The current DOE test procedure 

includes power consumed by the 

ignition device, circulating pump, and 

power burner motors, but it ignores 

other devices that use power during the 

active mode (e.g., gas valve and safety 

and operating controls). DOE plans to 

consider including any electrical power 

consumption not already measured 

during the active mode. DOE seeks 

comment regarding how to address any 

electrical power consumption not 

already measured during the active 

mode. 

(4) Historical energy use data show 

that national average house heating 

loads have been changing because of 

increased household square footage, 

improved building shell efficiency, 

changes in the distribution of where this 

equipment is installed, and changes in 

average weather conditions. DOE plans 

to review the parameters to calculate the 

burner operating hours in section 10.2.1 

of the DOE test procedure (i.e., national 

average heating load hours and the 

adjustment factor). DOE seeks comment 

regarding what national average values 

should be used to calculate burner 

operating hours. 

D. Performance Test for Automatic 

Means in Boilers 

In 2008, DOE published a technical 

amendment to the 2007 furnace and 

boiler final rule (72 FR 65136 (Nov. 19, 

2007)) to add a number of design 

requirements set forth in EISA 2007. 73 

FR 43611 (July 28, 2008). These 

requirements prohibit constant-burning 

pilot lights for gas-fired hot water 

boilers and gas-fired steam boilers, and 

require an automatic means for 

adjusting the water temperature for gasfired hot water boilers, oil-fired hot 

water boilers, and electric hot water 

boilers. The automatic means for 

adjusting water temperature must 

automatically adjust the temperature of 

the water supplied by the boiler to 

ensure that an incremental change in 

inferred heat load produces a 

corresponding incremental change in 

the temperature of water supplied. 

While these requirements do not 

impact the AFUE rating, DOE is 

considering including in this test 

procedure a performance test to 

demonstrate that the ‘‘automatic means’’ 

functions as required. While this test 

would not need to be performed by 

manufacturers to certify compliance 

with the existing design standards, DOE 

would use this test to verify compliance 

with the design standards should a 

question of compliance arise. DOE 

invites input on: 

(1) Any principles or tests currently 

used, or being considered for use, to 

qualify the operation of the automatic 

means. 

(2) Required inputs and types of 

technologies needed to project changes 

in demand and the relationships 

between these inputs/technologies and 

supply temperature or pump/burner 

operation. 

(3) Suggestions about the 

measurements that should be included 

in the test. 

E. Harmonization of Standards 

DOE invites input on other national or 

international test procedures commonly 

used to rate residential furnace and 

boiler energy efficiency, including the 

advantages and disadvantages of those 

test procedures compared to the current 

DOE test procedure. In particular, DOE 

seeks input on: 

(1) Differences in efficiency 

performance caused by differences in 

minimum static pressure requirements 

in ASHRAE 103–2007 11 (Table IV) 

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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Proposed Rules 679 

12See 77 FR 28674 (May 15, 2012). 

13Butcher, Thomas, Technical Note: Performance 

of Combination Hydronic Systems, ASHRAE 

Journal (December 2011). 

14American Society of Heating Refrigerating and 

Air Conditioning Engineers, ANSI/ASHRAE 124– 

2007: Methods of Testing for Rating Combination 

Space-Heating and Water-Heating Appliances 

(2007). 

15American Society of Heating Refrigerating and 

Air Conditioning Engineers, ANSI/ASHRAE 124– 

2007: Methods of Testing for Rating Combination 

Space-Heating and Water-Heating Appliances 

(2007). 

compared to DOE’s proposed furnace 

fan test procedure,12 and drawbacks or 

advantages associated with harmonizing 

the requirements. 

(2) Any other national or international 

test procedures that could be considered 

for this cycle of test procedure 

amendments. 

F. Alternative Methods for Furnace/ 

Boiler Efficiency Determination 

DOE is aware of alternative methods 

to measure the heating efficiency 

(AFUE) of residential furnaces and 

boilers. In particular, DOE seeks input 

on: 

(1) Procedure developed by 

Brookhaven National Laboratory that 

uses linear input/output, a relationship 

between fuel input and heat output that 

can be used to determine the efficiency 

of residential boilers.13

(2) Any other methods that could be 

considered for this test procedure 

update. 

G. Scope 

A combination space-heating and 

water-heating appliance is defined in 

the applicable industry test standard as 

a unit that is designed to provide space 

heating and water heating from a single 

primary energy source.14 The two major 

types of combination appliances are: (1) 

Boiler/tankless coil or boiler/indirect 

tank combination units, whose primary 

function is space heating, and (2) water 

heater/fan-coil combination units, 

whose primary function is domestic 

water heating. Currently, there is no 

DOE test procedure for determining the 

combined efficiency of the combination 

products that can be used to supply 

domestic hot water in addition to its 

space-heating function. However, there 

are DOE test procedures for the 

individual components (boiler or water 

heater) of a combined appliance which 

provides for testing and efficiency 

ratings for the primary function—space 

heating or domestic water heating. 

DOE’s test procedure for residential 

furnace and boilers, which is set forth 

at 10 CFR 430.23(n) and 10 CFR part 

430, subpart B, appendix N, addresses 

central gas-fired, electric, and oil-fired 

furnaces with inputs less than 225,000 

Btu/h and gas-fired, electric, and oilfired boilers with inputs less than 

300,000 Btu/h. DOE’s test procedure for 

residential water heaters, which is set 

forth at 10 CFR 430.23(e) and 10 CFR 

part 430, subpart B, appendix E, 

addresses gas-fired, electric, and oilfired storage-type water heaters with 

storage greater than 20 gallons and gasfired and electric instantaneous-type 

water heaters with storage volume less 

than 2 gallons. ASHRAE has an existing 

test procedure, ANSI/ASHRAE 124– 

2007 (Methods of Testing for Rating 

Combination Space-Heating and WaterHeating Appliances), which provides a 

method of test to rate the performance 

of a combination space-heating and 

water-heating appliance.15 For this 

rulemaking, DOE is considering an 

expansion of the scope of the test 

procedure to include definitions and 

test methods for these types of 

combination products. DOE seeks 

comment on: 

(1) What types of combination 

equipment are there in this market? 

(2) How should DOE address the 

measurement of energy use by such 

combined products (keeping in mind 

the potential for active mode, standby 

mode, and off mode operation)? 

H. Standby Mode and Off Mode 

On December 31, 2012, DOE 

published a test procedure final rule in 

the Federal Register for furnaces and 

boilers related to standby mode and off 

mode energy consumption. However, 

given the broad scope of this 7-yearlookback test procedure rulemaking, 

comments are also welcome on DOE’s 

test procedure provisions for 

determining standby mode and off mode 

energy use. 

I. Other Issues 

DOE seeks comments on other 

relevant issues that would affect the test 

procedures for residential furnaces and 

boilers. 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, including updates of 

referenced standards, as part of this 

comprehensive 7-year-review process. 

III. Public Participation 

DOE invites all interested parties to 

submit in writing by February 19, 2013, 

comments and information on matters 

addressed in this notice and on other 

matters relevant to DOE’s consideration 

of amended test procedures for 

residential furnaces and boilers. 

After the close of the comment period, 

DOE will begin collecting data, 

conducting the analyses, and reviewing 

the public comments. These actions will 

be taken to aid in the development of a 

test procedure NOPR for residential 

furnaces and boilers. 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures. DOE 

actively encourages the participation 

and interaction of the public during the 

comment period at each stage of the 

rulemaking process. Interactions with 

and between members of the public 

provide a balanced discussion of the 

issues and assist DOE in the rulemaking 

process. Anyone who wishes to be 

added to the DOE mailing list to receive 

future notices and information about 

this rulemaking should contact Ms. 

Brenda Edwards at (202) 586–2945, or 

via email at 

Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on December 

28, 2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–31700 Filed 1–3–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 2 and 380 

[Docket No. RM12–11–000] 

Revisions to the Auxiliary Installations, 

Replacement Facilities, and Siting and 

Maintenance Regulations 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Natural Gas Act (NGA) 

requires that prior to the construction or 

extension of any natural gas facilities, 

the Federal Energy Regulatory 

Commission (Commission) must issue a 

certificate that authorizes a natural gas 

company to undertake the proposed 

activity. However, under the 

Commission’s regulations, the 

construction of auxiliary installations or 

replacement facilities, while subject to 

the Commission’s NGA jurisdiction, are 

not treated as the construction or 

extension of facilities, and thus do not 

require certificate authorization. The 

Commission proposes to revise its 

regulations to clarify that all activities 

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