Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Proposed Rules 56339 

pursuant to paragraphs (b), (c), (d), (e), 

(f), (j), (k) and (l) of § 2635.204. 

(d) Other prohibition applicable to 

full-time, non-career appointees. In 

addition to the general prohibitions set 

forth in paragraph (a) of this section 

pertaining to gifts from a prohibited 

source and gifts given because of an 

employee’s official position, a full-time, 

non-career appointee who is required to 

sign the Ethics Pledge prescribed by 

section 1 of Executive Order 13490 shall 

not accept a gift from a registered 

lobbyist or lobbying organization, 

except pursuant to paragraphs (b), (c), 

(e)(1), (e)(3), (j), (k), or (l) of § 2635.204. 

3. Section 2635.203 is amended by 

adding new paragraphs (h) and (i), as 

follows: 

§ 2635.203 Definitions. 

* * * * * 

(h) Registered lobbyist or lobbying 

organization means a person (including 

an organization) currently registered 

pursuant to 2 U.S.C. 1603 (Lobbying 

Disclosure Act) or listed as a lobbyist in 

such registration, as found in the 

databases maintained by the Secretary 

of the Senate and the Clerk of the House 

of Representatives, but it does not 

include: 

(1) An organization exempt from 

taxation pursuant to 26 U.S.C. 501(c)(3); 

(2) An institution of higher education 

as defined in 20 U.S.C. 1001; 

(3) A media organization as defined in 

2 U.S.C. 1602(11), with respect to any 

gift made in connection with the 

information gathering or dissemination 

activities of the organization; or 

(4) A nonprofit professional 

association, scientific organization or 

learned society, with respect to any gift 

made in connection with the entity’s 

educational or professional 

development activities. 

Note to paragraph (h): The Secretary of the 

Senate and the Clerk of the House of 

Representatives maintain searchable, online 

databases of registrants and lobbyists, 

pursuant to 2 U.S.C. 1605(a). Employees may 

rely on the information contained in those 

databases to determine whether any gift 

source currently is registered or listed as a 

lobbyist. For these purposes, a registrant will 

not be considered to be currently registered 

if the person has filed a termination of 

registration. Similarly, a lobbyist will not be 

considered to be currently listed if the 

individual has been de-listed by his or her 

employer as an active lobbyist reflecting the 

actual cessation of the individual’s lobbying 

activities, or if the individual has not 

appeared on a quarterly lobbying report for 

three consecutive quarters as a result of the 

individual’s actual cessation of lobbying 

activities. With respect to organizations that 

have subsidiaries, parents or affiliates that 

are separate legal entities, employees need 

only determine the registration status of the 

entity that offered the gift. 

(i) Full-time, non-career appointee 

includes every full-time, non-career 

Presidential or Vice-Presidential 

appointee, non-career appointee in the 

Senior Executive Service (or other SEStype system), and appointee to a 

position that has been excepted from the 

competitive service by reason of being 

of a confidential or policymaking 

character (Schedule C and other 

positions excepted under comparable 

criteria). It does not include a career 

appointee in the Senior Foreign Service 

or similar system, nor does it include 

any person appointed solely as a 

uniformed service commissioned 

officer. 

[FR Doc. 2011–23311 Filed 9–12–11; 8:45 am] 

BILLING CODE 6345–03–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2011–BT–TP–0007] 

RIN 1904–AC44 

Energy Conservation Program for 

Consumer Products: Test Procedures 

for Residential Furnaces and Boilers 

(Standby Mode and Off Mode) 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and announcement of public meeting. 

SUMMARY: In an earlier final rule, the 

U.S. Department of Energy (DOE) 

prescribed amendments to its test 

procedures for residential furnaces and 

boilers to include provisions for 

measuring the standby mode and off 

mode energy consumption of those 

products, as required by the Energy 

Independence and Security Act of 2007. 

These test procedure amendments are 

primarily based on provisions 

incorporated by reference from the 

International Electrotechnical 

Commission (IEC) Standard 62301 (First 

Edition), ‘‘Household electrical 

appliances—Measurement of standby 

power.’’ This document proposes to 

further update the DOE test procedure 

through incorporation by reference of 

the latest edition of the industry 

standard, specifically IEC Standard 

62301 (Second Edition). The new 

version of this IEC standard 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, 

so DOE has decided to exercise its 

discretion to consider the revised IEC 

standard. DOE is also announcing a 

public meeting to discuss and receive 

comments on the issues presented in 

this rulemaking. 

DATES: Meeting: DOE will hold a public 

meeting on October 3, 2011, from 9 a.m. 

to 4 p.m., in Washington, DC. The 

meeting will also be broadcast as a 

webinar. See section V, ‘‘Public 

Participation,’’ for webinar information, 

participant instructions, and 

information about the capabilities 

available to webinar participants. 

Comments: DOE will accept 

comments, data, and information 

regarding the notice of proposed 

rulemaking (NOPR) before and after the 

public meeting, but no later than 

November 28, 2011. For details, see 

section V, ‘‘Public Participation,’’ of this 

NOPR. 

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. 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 as soon as possible 

by contacting Ms. Brenda Edwards at 

the phone number above to initiate the 

necessary procedures. 

Any comments submitted must 

identify the NOPR on Test Procedures 

for Furnaces and Boilers, and provide 

the docket number EERE–2011–BT–TP– 

0007 and/or regulatory information 

number (RIN) 1904–AC44. Comments 

may be submitted using any of the 

following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments. 

2. E-mail: FurnaceBoiler-IEC-2011- 

TP@ee.doe.govmailto: Include docket 

number EERE–2011–BT–TP–0007 and 

RIN 1904–AC44 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. 

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 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
56340 Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Proposed Rules 

1For editorial reasons, upon codification in the 

U.S. Code, part B was redesignated part A. 

2All 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. 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

No telefacsimilies 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 http://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 http://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%252

BN%252BO%252BSR%252BPS;rpp=

10;po=0;D=EERE-2011-BT-TP-0007. The 

http://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 http:// 

www.regulations.gov. 

For further information on how to 

submit a public comment, review other 

public comments and the docket, or 

participate in the public meeting, please 

contact Ms. Brenda Edwards at (202) 

586–2945 or by e-mail: 

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 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 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

V. Public Participation 

A. Attendance at the Public Meeting 

B. Procedures for Submitting Requests to 

Speak 

C. Conduct of the Public Meeting 

D. Submission of Comments 

E. Issues on Which DOE Seeks Comment 

VI. Approval of the Office of the Secretary 

I. Background and Authority 

Title III, part B1 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 furnaces and 

boilers (referenced below as one of the 

‘‘covered products’’). 2 (42 U.S.C. 

6292(a)(5) and 6295(f)) 

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 

* * * 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 


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Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Proposed Rules 56341 

3EISA 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. 

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 

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). 

DOE’s current test procedure for 

residential furnaces and boilers is found 

at 10 CFR part 430, subpart B, appendix 

N, Uniform Test Method for Measuring 

the Energy Consumption of Furnaces 

and Boilers. This procedure establishes 

a means for determining annual energy 

efficiency and annual energy 

consumption of these products. On 

October 20, 2010, DOE prescribed its 

final rule (hereafter called the October 

2010 final rule) amending the test 

procedures for residential furnaces and 

boilers to account for the standby mode 

and off mode energy consumption of 

these products, as required by EISA 

2007. 75 FR 64621 (Oct. 20, 2010). For 

a more detailed procedural history of 

the test procedure rulemaking to 

address standby mode and off mode 

energy consumption of residential 

furnaces and boilers, please consult the 

October 2010 final rule. Id. at 64622. 

II. Summary of the 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)) In establishing 

test procedures to address standby mode 

and off mode energy consumption, EISA 

2007 requires consideration of the most 

current version of IEC Standard 62301 

to support the added measurement 

provisions. Id. In the October 2010 final 

rule, DOE amended 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 of its 

incorporation into the DOE regulations. 

This final rule fulfilled DOE’s obligation 

under EISA 2007. 

However, since that time, DOE has 

continued to address the requirements 

of EISA 2007 as it relates to standby 

mode and off mode for other products. 

For example, DOE is considering similar 

test procedure amendments for other 

heating products (water heaters, direct 

heating equipment, and pool heaters), 

and during that rulemaking, 

commenters identified improvements to 

IEC Standard 62301 that were under 

development and nearly finalized. 

These commenters, which are largely 

the same as those that would comment 

on the proposals for furnaces and 

boilers, supported the draft revisions to 

IEC Standard 62301. The second edition 

of the standard has now been finalized. 

In the abstract of its January 27, 2011 

publication, the IEC reports that the 

second edition would provide practical 

improvement and possible reduction in 

testing burden. DOE has reviewed IEC 

Standard (Second Edition) and agrees 

that the second edition does provide for 

improvement in terms of measurement 

accuracy and, in addition, provides for 

possible reduced testing burden by 

allowing for direct meter reading 

techniques where appropriate. DOE 

believes these improvements would be 

applicable to a variety of heating 

products, including furnaces and 

boilers, as well as the other heating 

products discussed above. Accordingly, 

after careful review, DOE has decided to 

exercise its discretion to consider 

adoption of the revised version of the 

industry standard into the DOE test 

procedure for residential furnaces and 

boilers. (42 U.S.C. 6293(b)(2)) Thus, 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 call 

out the appropriate provisions of that 

standard in DOE’s test procedure 

regulations for residential furnaces and 

boilers. 

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 October 2010 final 

rule referenced the IEC Standard 62301 

(First Edition) to obtain the standby 

mode and off mode measured wattage 

for residential furnaces and boilers. The 

amended test procedure uses this 

measured wattage in calculations to 

accomplish the incorporation of standby 

mode and off mode energy consumption 

into the test procedures. Testimony at 

the public hearing and subsequent 

written comments suggested that IEC 

Standard 62301 (First Edition) may be 

unnecessarily burdensome to conduct 

for furnaces and boilers. Specifically, 

the Air-Conditioning, Heating and 

Refrigeration Institute (AHRI) 

recommended that to avoid unnecessary 

burden, the existing test procedure 

provisions should be used whenever 

there is a possible conflict with the IEC 

Standard 62301. A comment from the 

Government of China pointed out the 

same possible conflicts but only asked 

for clarification. (AHRI, No. 3 at p. 1, 

and, China, No. 09 at p. 1) 

DOE considered the comments 

received in response to the NOPR and 

provided clarification in the October 

2010 final rule so as to avoid 

unnecessary burden. Specifically, 

because there was a possible conflict 

with the voltage and ambient 

temperature provisions of the existing 

procedures, the October 2010 final rule 

clarified where the IEC provisions apply 

and where the existing test procedure 

provisions apply. With this clarification 

in place, DOE concluded that IEC 

Standard 62301 (First Edition) is 

appropriate for obtaining standby mode 

and off mode wattage measurements for 

residential furnaces and boilers. 

As noted above, since the time of the 

October 2010 final rule, 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 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 


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56342 Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Proposed Rules 

more difficult loads with high crest 

factor and/or low power factor; and 

• Updated guidance on product 

configuration, instrumentation, and 

calculation of measurement uncertainty. 

DOE has conducted a review of IEC 

Standard 62301 (Second Edition), which 

is the most current version of this IEC 

standard. In its investigation, DOE 

determined that some improvement to 

the current DOE test procedure is 

possible with the incorporation of the 

second edition of the IEC standard as it 

applies to residential furnaces and 

boilers. 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 through 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. DOE believes that this most 

recent revision to the IEC standard 

provides improved and realistic 

accuracy provisions for a range of 

electricity consumption patterns, 

thereby making the updated test method 

appropriate for the variety of electricityconsuming devices that form part of 

residential furnaces and boilers. The 

new specification can be met by typical, 

commercially-available test equipment, 

whereas requirements in the first 

version may have necessitated 

specialized instrumentation that is not 

readily available. The uncertainty 

depends upon a value termed the 

Maximum Current Ratio (MCR), which 

is the ratio of the Crest Factor to the 

Power Factor of the signal. For signals 

with MCR’s less than 10, the allowed 

instrument uncertainty would be 2 

percent at the 95th-percentile 

confidence interval for measured power 

values greater than 1.0 watt (W). For 

measured power values less than 1.0 W, 

the maximum permitted absolute 

uncertainty should be less than or equal 

to 0.02 W at the 95th-percentile 

confidence interval. Both of these 

limitations on the level of uncertainty 

are sufficient to assess the standby 

energy consumption of residential 

furnaces and boilers. 

The other important change in IEC 

Standard 62301 (Second Edition) that 

relates to the measurement of standby 

mode and off mode power consumption 

in residential furnaces and boilers 

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. In IEC Standard 

62301 (First Edition), the stability of the 

system is determined by measuring the 

power consumption over a 5-minute 

period. If the variation over that period 

is less than 5 percent, the signal is 

considered to be stable. There are 

potential operational modes, however, 

that could show variation over longer 

time frames. For example, an electronic 

component could go into a sleep mode 

after a 10-minute period. This change in 

power consumption would not be 

captured in the 5-minute stability test. 

IEC Standard 62301 (Second Edition) 

acknowledges the existence of these 

different types of modes by creating 

stability tests for these variable power 

modes. For constant power modes, the 

test method specified in the second 

edition of IEC Standard 62301 matches 

that specified in the first edition. For 

cyclical power consumption, the second 

edition of IEC Standard 62301 adds 

measurement provisions for situations 

in which the variation in the signal 

might not be constant over a 5-minute 

period. The power measurements would 

take at least 60 minutes; a test period of 

this duration is required to accurately 

capture standby mode and off mode 

energy consumption for equipment with 

varying power consumption and is an 

improvement introduced by IEC 

Standard 62301 (Second Edition) 

compared to IEC Standard 62301 (First 

Edition). These techniques will result in 

more complete and accurate measures of 

standby mode and off mode energy 

consumption over a variety of 

operational modes. The manufacturer is 

given a choice of measurement 

procedures, including less burdensome 

methods such as direct meter reading 

methods if certain clearly-described 

stability conditions are met. DOE 

believes that, if adopted, 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 furnaces and boilers. 

Accordingly, for the reasons 

discussed above, DOE is proposing to 

incorporate IEC Standard 62301 (Second 

Edition) in its entirety into the overall 

list of incorporated references in 10 CFR 

430.3 and to call out the appropriate 

provisions of that standard in DOE’s test 

procedure regulations for residential 

furnaces and boilers. To this end, this 

notice proposes to add a new reference 

in 10 CFR 430.3 to IEC Standard 

62301(Second Edition) along side 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 furnaces and 

boilers, 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 appendix 

N which are necessary to allow for the 

correct referencing for residential 

furnaces and boilers. For example, the 

definition section of the appendix needs 

to define the 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 

residential furnace and boiler test 

procedures. Finally, as an editorial 

improvement, DOE is unifying the 

standby mode and off mode 

nomenclature used in its various test 

procedures. Specifically, DOE’s 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 NOPR. 

B. Rounding Guidance 

IEC Standard 62301 (Second Edition) 

includes specific guidance on the 

allowed rounding for the various 

wattage measurements. For clarification 

purposes, DOE is proposing the IEC 

rounding guidance in this proposal. 

Specifically, it is proposed that the 

following sentence be added to the 

measurement sections 8.6.1 and 8.6.2: 

‘‘The recorded standby power (PW,SB) 

(or 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 

comment as to the adequacy and 

appropriateness of this additional 

clarification. 

C. Sampling Plans for Standby Mode 

and Off Mode 

Currently, sampling plans for 

residential furnaces and boilers are 

located in 10 CFR 429.18. These 

provisions of the test procedure 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 


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provide that ‘‘ * * * a sample of 

sufficient size shall be randomly 

selected and tested to ensure 

[compliance].’’ Id. For residential 

furnaces, a minimum of two units must 

be tested to certify a basic model as 

compliant. This minimum is implicit in 

the requirement to calculate a mean—an 

average—which requires at least two 

values, and is consistent with the 

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 to 

apply the existing DOE sampling plans 

used by residential furnace and boiler 

manufacturers to determine the certified 

ratings for annual fuel utilization 

efficiency to the standby mode and off 

mode ratings. DOE seeks comment on 

the application of the existing DOE 

sampling plans to the new metrics PW,SB

and PW,OFF.

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 is clarifying here that 

use of these proposed test procedure 

amendments related to standby mode 

and off mode energy consumption of 

residential furnaces and boilers would 

not be required for purposes of energy 

conservation standards compliance, 

until the compliance date in the 

recently issued residential furnaces 

direct final rule (DFR), which adopted 

energy conservation standards for 

standby mode and off mode of 

residential furnaces. 76 FR 37408 (June 

27, 2011). However, DOE makes this 

statement with two caveats: (1) The DFR 

only addresses standards for furnaces 

and not boilers, so standby mode and off 

mode standards for boilers would only 

be addressed and apply on the 

compliance date for the next energy 

conservation standards rulemaking; and 

(2) the above-referenced compliance 

date presumes that the DFR will be 

finalized at the end of the statutorilyrequired 110-day comment period. 

E. Compliance With Other EPCA 

Requirements 

EPCA requires that any test 

procedures prescribed or amended 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 it must 

not be unduly burdensome to conduct. 

(42 U.S.C. 6293(b)(3)) 

Today’s proposed amendments to the 

DOE test procedure for residential 

furnaces and boilers would incorporate 

the most current version of IEC 

Standard 62301 in lieu of the previous 

version. DOE believes these new 

provisions would continue to produce 

valid test 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 for 

determining compliance with the 

current energy conservation standards 

and with future standards for standby 

mode and off mode for furnaces. (42 

U.S.C. 6293(e)(1)) Accordingly, no 

modifications to the currently 

applicable energy conservation 

standards are required. (42 U.S.C. 

6293(e)(2)) This is because the currently 

applicable energy conservation standard 

is based on the Annual Fuel Utilization 

Efficiency metric which does not 

include or depend on the proposed 

measures of energy consumption 

regarding standby mode and off mode. 

In addition, consistent with its mandate 

pursuant to EISA 2007, DOE is further 

clarifying here that use of these 

proposed test procedure amendments 

related to standby mode and off mode 

energy consumption, if adopted, 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. Relating to 

this emphasized phrase, DOE recently 

published a Direct Final Rule (DFR) 

which covered furnaces (but not 

boilers), and it establishes amended 

energy efficiency standards for furnaces, 

as well as standby mode and off mode 

energy conservation standards. 76 FR 

37408 (June 27, 2011). Lastly, DOE does 

not believe the proposed amendments, 

which propose to adopt a revised 

version of the IEC test procedure, would 

significantly alter the energy 

consumption as measured by the 

existing DOE test procedure provisions 

related to standby mode and off mode 

for residential furnaces and boilers, 

because the test procedure provisions of 

IEC Standard 62301 (Second Edition) 

are limited to providing additional 

accuracy for the measurements and 

clarification on the test method. 

Consequently, DOE does not believe 

that potential adoption of amendments 

pertaining to these clarifications and 

additions would alter any estimates of 

energy consumption under either DOE’s 

current standards or the recently 

promulgated standards in the June 27, 

2011 direct final rule. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

Today’s regulatory action is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review.’’ 58 

FR 51735 (Oct. 4, 1993). Accordingly, 

this regulatory action was not subject to 

review under that Executive Order by 

the Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996) requires 

preparation of an initial regulatory 

flexibility analysis for any rule that, by 

law, must be proposed for public 

comment, unless the agency certifies 

that the rule, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. A 

regulatory flexibility analysis examines 

the impact of the rule on small entities 

and considers alternative ways of 

reducing negative effects. Also, as 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site at http:// 

www.gc.doe.gov. 

Today’s proposed rule would adopt 

test procedure provisions to measure 

standby mode and off mode energy 

consumption of residential furnaces and 

boilers, generally through the 

incorporation by reference of IEC 

Standard 62301 (Second Edition). DOE 

reviewed today’s proposed rule under 


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4U.S. Small Business Administration, Table of 

Small Business Size Standards (Nov. 5, 2010) 

(Available at: http://www.sba.gov/sites/default/ 

files/Size_Standards_Table.pdf). 

5The Air-Conditioning, Heating and Refrigeration 

Institute, Directory of Certified Product 

Performance (June 7, 2010) (Available at: http:// 

www.ahridirectory.org/ahridirectory/pages/ 

home.aspx). 

6The U.S. Environmental Protection Agency and 

the U.S. Department of Commerce, ENERGY STAR 

Furnaces—Product Databases for Gas and Oil 

Furnaces (Jan. 4, 2010) (Available at: http:// 

www.energystar.gov/ 

index.cfm?c=furnaces.pr_furnaces). 

7The California Energy Commission, Appliance 

Database for Residential Furnaces and Boilers 

(2010) (Available at: http:// 

www.appliances.energy.ca.gov/QuickSearch.aspx). 

8Consortium of Energy Efficiency, Qualifying 

Furnace and Boiler List (2010) (Available at: 

http://www.cee1.org/gas/gs-ht/gs-ht-main.php3). 

9Categorical Exclusion A5 provides: 

‘‘Rulemaking interpreting or amending an existing 

rule or regulation that does not change the 

environmental effect of the rule or regulation being 

amended.’’ 

the provisions of the Regulatory 

Flexibility Act and the policies and 

procedures published on February 19, 

2003. For the reasons explained below, 

DOE certifies that the proposed rule 

would not have a significant impact on 

a substantial number of small entities. 

As noted above, the test procedure 

incorporates by reference provisions 

from IEC Standard 62301 for the 

measurement of standby mode and off 

mode energy consumption. IEC 

Standard 62301 is widely accepted and 

used internationally to measure electric 

power in standby mode and off mode. 

Based on its analysis of IEC Standard 

62301 (Second Edition), DOE has 

tentatively determined that the only 

possible additional burden represented 

by the adoption of IEC Standard 62301 

(Second Edition) is associated with the 

testing time. For measurements of 

power consumption that are determined 

to be stable, test time would not change. 

Test time would increase under IEC 

Standard 62301 (Second Edition), as 

compared to IEC Standard 62301 (First 

Edition), should the stability test 

indicate that the power is being used in 

a variable manner. For these cases, the 

revised procedure would increase the 

time of measurement from the current 

15 minutes to up to 60 minutes. No 

additional setup time would be required 

for these tests. This possible increase in 

test time does not necessarily require 

active labor, because no additional set 

up is required, and the additional time 

essentially amounts to a waiting period 

to determine stability. Nonetheless, 

assuming the 45 minutes additional test 

time does incur additional labor cost, 

the worst-case estimate of an additional 

$30 per test unit is a small incremental 

change compared to the overall 

financial investment needed to 

undertake the business enterprise of 

testing consumer products. For these 

reasons, DOE does not believe that the 

proposed standby mode and off mode 

test procedure provisions would add 

significant costs and that it would not 

require any significant investment in 

test facilities or new equipment. 

The Small Business Administration 

(SBA) considers an entity to be a small 

business if, together with its affiliates, it 

employs fewer than a threshold number 

of workers specified in 13 CFR part 121, 

which relies on size standards and 

codes established by the North 

American Industry Classification 

System (NAICS). The threshold number 

for NAICS classification 333415, which 

applies to Air-Conditioning and Warm 

Air Heating Equipment and Commercial 

and Industrial Refrigeration Equipment 

Manufacturing (including residential 

furnaces and boilers), is 750 

employees.4 DOE reviewed the AirConditioning, Heating, and Refrigeration 

Institute’s Directory of Certified Product 

Performance for Residential Furnaces 

and Boilers (June 7, 2010),5 the ENERGY 

STAR Product Databases for Gas and Oil 

Furnaces (Jan. 4, 2010),6 the California 

Energy Commission’s Appliance 

Database for Residential Furnaces and 

Boilers,7 and the Consortium for Energy 

Efficiency’s Qualifying Furnace and 

Boiler List (2010).8 From this review, 

DOE found that there are approximately 

14 small businesses in the furnace and 

boiler industry. Even though there are a 

significant number of small businesses 

within the furnace and boiler industry, 

DOE has concluded that the test 

procedure amendments contained in 

this proposed rule would not represent 

a substantial burden to any 

manufacturer, including small 

manufacturers, as explained above. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

rulemaking. DOE’s certification and 

supporting statement of factual basis 

will be provided to the Chief Counsel 

for Advocacy of the SBA for review 

under 5 U.S.C. 605(b). DOE tentatively 

certifies that this rule would have no 

significant economic impact on a 

substantial number of small entities. 

DOE seeks comments regarding whether 

the proposed amendments in today’s 

rule would have a significant economic 

impact on any small entities. 

C. Review Under the Paperwork 

Reduction Act of 1995 

Today’s proposed rule would impose 

no new information or recordkeeping 

requirements. Accordingly, OMB 

clearance is not required under the 

Paperwork Reduction Act. (44 U.S.C. 

3501 et seq.) 

D. Review Under the National 

Environmental Policy Act 

In this rule, DOE is proposing to 

further amend the test procedure for 

residential furnaces and boilers to 

address measurement of the standby 

mode and off mode energy consumption 

of these products. DOE has determined 

that this proposed rule falls into a class 

of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

1969 (Pub. L. 91–190, codified at 42 

U.S.C. 4321 et seq.), and DOE’s 

implementing regulations at 10 CFR part 

1021. Specifically, this proposed rule, 

which would adopt an industry 

standard for measurement of standby 

mode and off mode energy 

consumption, amends an existing rule 

without changing its environmental 

effect, and, therefore, is covered by 

Categorical Exclusion A5 found in 10 

CFR part 1021, subpart D, appendix A. 

Today’s proposed rule, if adopted, 

would not affect the amount, quality, or 

distribution of energy usage, and, 

therefore, would not result in any 

environmental impacts.9 Accordingly, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. 64 FR 43255 (August 10, 

1999). The Executive Order requires 

agencies to examine the constitutional 

and statutory authority supporting any 

action that would limit the 

policymaking discretion of the States, 

and to carefully assess the necessity for 

such actions. The Executive Order also 

requires agencies to have an accountable 

process to ensure meaningful and timely 

input by State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

that it will follow in developing such 

regulations. 65 FR 13735. DOE has 

examined this 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 


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responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the products that are the subject of 

today’s proposed rule. States can 

petition DOE for exemption from such 

preemption to the extent, and based on 

criteria, set forth in EPCA. (42 U.S.C. 

6297(d)) Therefore, Executive Order 

13132 requires no further action. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Regarding the 

review required by section 3(a), section 

3(b) of Executive Order 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

sections 3(a) and 3(b) to determine 

whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this rule meets 

the relevant standards of Executive 

Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4, codified at 2 U.S.C. 1501 et seq.) 

requires each Federal agency to assess 

the effects of Federal regulatory actions 

on State, local, and Tribal governments 

and the private sector. For regulatory 

actions likely to result in a rule that may 

cause expenditures by State, local, and 

Tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any one year (adjusted annually 

for inflation), section 202 of UMRA 

requires a Federal agency to publish a 

written statement that estimates the 

resulting costs, benefits, and other 

effects on the national economy. (2 

U.S.C. 1532(a) and (b)) Section 204 of 

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate.’’ UMRA also requires an 

agency plan for giving notice and 

opportunity for timely input to small 

governments that may be potentially 

affected before establishing any 

requirement that might significantly or 

uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. (This policy is 

also available at http://www.gc.doe.gov.) 

Today’s proposed rule, which would 

modify the current test procedures for 

residential furnaces and boilers, 

contains neither an intergovernmental 

mandate, nor a mandate that may result 

in the expenditure by State, local, and 

Tribal governments, or by the private 

sector, of $100 million or more in any 

year. Accordingly, no further 

assessment or analysis is required under 

the Unfunded Mandates Reform Act of 

1995. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s proposed rule to amend DOE 

test procedures would not have any 

impact on the autonomy or integrity of 

the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

Pursuant to Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 15, 1988), 

DOE has determined that this proposed 

rule would not result in any takings that 

might require compensation under the 

Fifth Amendment to the United States 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(Pub. L. 106–554, codified at 44 U.S.C. 

3516 note) provides for agencies to 

review most disseminations of 

information to the public under 

information quality guidelines 

established by each agency pursuant to 

general guidelines issued by OMB. 

OMB’s guidelines were published at 67 

FR 8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

today’s proposed rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB a Statement 

of Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s proposed 

rule is not a significant regulatory action 

under Executive Order 12866 or any 

successor order; would not have a 

significant adverse effect on the supply, 

distribution, or use of energy; and has 

not been designated by the 

Administrator of OIRA as a significant 

energy action. Therefore, DOE has 

determined that this rule is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects for this rulemaking. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91; 42 U.S.C. 7101 et seq.), DOE must 


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comply with all laws applicable to the 

former Federal Energy Administration, 

including section 32 of the Federal 

Energy Administration Act of 1974 

(Pub. L. 93–275), as amended by the 

Federal Energy Administration 

Authorization Act of 1977 (Pub. L. 95– 

70). (15 U.S.C. 788) Section 32 provides 

that where a proposed rule authorizes or 

requires use of commercial standards, 

the notice of proposed rulemaking must 

inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Attorney General and 

the Federal Trade Commission (FTC) 

concerning the impact of commercial or 

industry standards on competition. 

Certain of the amendments and 

revisions in this proposed rule would 

incorporate testing methods contained 

in the following commercial standard, 

the International Electrotechnical 

Commission (IEC) Standard 62301, 

‘‘Household electrical appliances— 

Measurement of standby power’’ 

(Second Edition 2011). DOE has 

evaluated this standard and is unable to 

conclude whether it fully complies with 

the requirements of section 32(b) of the 

Federal Energy Administration Act (i.e., 

that it was developed in a manner that 

fully provides for public participation, 

comment, and review). 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 this standard before 

prescribing a final rule. 

V. Public Participation 

A. Attendance at the Public Meeting 

The time, date, and location of the 

public meeting are listed in the DATES

and ADDRESSES sections at the beginning 

of this NOPR. To attend the public 

meeting, please notify Ms. Brenda 

Edwards at (202) 586–2945. As 

explained in the ADDRESSES section, 

foreign nationals visiting DOE 

Headquarters are subject to advance 

security screening procedures. 

B. Procedure for Submitting Requests to 

Speak 

Any person who has an interest in the 

topics addressed in this notice, or who 

is a representative of a group or class of 

persons that has an interest in these 

issues, may request an opportunity to 

make an oral presentation at the public 

meeting. Such persons may handdeliver requests to speak to the address 

shown in the ADDRESSES section at the 

beginning of this notice between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Requests may 

also be sent by mail or 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 with their request a computer 

diskette or CD–ROM in WordPerfect, 

Microsoft Word, PDF, or text (ASCII) file 

format that briefly describes the nature 

of their interest in this rulemaking and 

the topics they wish to discuss. Such 

persons should also provide a daytime 

telephone number where they can be 

reached. 

DOE requests persons 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, 

requests to give an oral presentation 

should ask for such alternative 

arrangements. 

C. Conduct of the Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also use a professional facilitator to aid 

discussion. The meeting will not be a 

judicial or evidentiary-type public 

hearing, but DOE will conduct it in 

accordance with section 336 of EPCA 

(42 U.S.C. 6306). There shall not be 

discussion of proprietary information, 

costs or prices, market share, or other 

commercial matters regulated by U.S. 

anti-trust laws. A court reporter will be 

present to record the proceedings and 

prepare a transcript. 

The public meeting will be conducted 

in an informal, conference style. DOE 

reserves the right to schedule the order 

of presentations and to establish the 

procedures governing the conduct of the 

public meeting. DOE will present 

summaries of comments received before 

the public meeting, allow time for 

presentations by participants, and 

encourage all interested parties to share 

their views on issues affecting this 

rulemaking. Each participant will be 

allowed to make a prepared general 

statement (within time limits 

determined by DOE), before the 

discussion of specific topics. DOE will 

permit other participants to comment 

briefly on any general statements. At the 

end of all prepared statements on each 

specific topic, DOE will permit 

participants to clarify their statements 

briefly and comment on statements 

made by others. 

Participants should be prepared to 

answer DOE’s and other participants’ 

questions. DOE representatives may also 

ask participants about other matters 

relevant to this rulemaking. The official 

conducting the public meeting will 

accept additional comments or 

questions from those attending, as time 

permits. The presiding official will 

announce any further procedural rules 

or modification of these procedures that 

may be needed for the proper conduct 

of the public meeting. After the public 

meeting, interested parties may submit 

further comments on the proceedings as 

well as on any aspect of the rulemaking 

until the end of the comment period. 

DOE will make the entire record of 

this proposed rulemaking, including the 

transcript from the public meeting, 

available for inspection at the U.S. 

Department of Energy, 6th Floor, 950 

L’Enfant Plaza SW., Washington, DC 

20024, (202) 586–2945, between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Copies of the 

transcript will be posted on the DOE 

Web site and will also be available for 

purchase from the transcribing reporter. 

D. Submission of Comments 

DOE will accept comments, data, and 

information regarding the proposed rule 

before or after the public meeting, but 

no later than 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 make its 

own determination as to the 

confidential status of the information 

and treat it accordingly. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 


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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. 

E. Issues on Which DOE Seeks Comment 

Although comments are welcome on 

all aspects of this rulemaking, DOE is 

particularly interested in receiving 

comments and views of interested 

parties on the following issues: 

1. 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 

consumption for residential furnaces 

and boilers. 

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 residential furnaces and boilers. 

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 with the 

clarification statements in Section 8 of 

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 by the newly proposed 

metrics PW,SB and PW,OFF. 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this 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. Removing, in paragraph (l)(1), the 

words ‘‘Appendix N’’; 

b. Adding a new paragraph (1)(2) to 

read as follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(l) * * * 

* * * * * 

(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, N, O, and 

P to Subpart B. 

* * * * * 

Appendix N [Amended] 

3. Appendix N to subpart B of part 

430 is amended: 

a. In the second sentence of the 

introductory note by removing ‘‘April 

18, 2011’’ and adding in its place ‘‘(date 

180 days after publication of the test 

procedure final rule)’’: 

b. In section 2.4., by removing the 

phrase ‘‘(First Edition 2005–06)’’ and 

adding in its place ‘‘(Second Edition 

2011)’’; 

c. In section 8.6.1, by removing after 

the first sentence the parenthetical 

expression ‘‘(PSB)’’ and adding in its 

place the parenthetical expression 

‘‘(PW,SB)’’ and by removing in the third 

sentence, the phrase ‘‘4.5 Power 

measurement accuracy’’ and adding in 

its place, the phrase ‘‘4.4 Power 

measurement instruments’’ and by 

adding a sentence at the end of the 

section which reads: ‘‘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.’’; 

d. In section 8.6.2., by removing after 

the first sentence the parenthetical 

expression ‘‘(POFF)’’ and adding in its 

place the parenthetical expression 

‘‘(PW,OFF)’’, by removing in the third 

sentence, the phrase ‘‘4.5 Power 

measurement accuracy’’ and adding in 

its place the phrase ‘‘4.4 Power 

measurement instruments’’, and by 

removing in the last sentence the 

equation ‘‘POFF = PSB’’ and adding in its 

place the equation ‘‘PW,OFF = PW,SB’’, 

and by adding a sentence at the end of 

the section which reads: ‘‘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.’’; 

e. In section 9.0., by removing the 

expression ‘‘POFF’’ and adding in its 

place ‘‘PW.OFF’’, and by removing the 

expression ‘‘PSB’’ and adding in its place 

‘‘PW.SB’’, and ; 

f. In section 10.9., by replacing in both 

the equation and defined values the 

expressions ‘‘PSB’’ and ‘‘POFF’’ with 

‘‘PW,SB’’ and PW,OFF’’ respectively. 

[FR Doc. 2011–23286 Filed 9–12–11; 8:45 am] 

BILLING CODE 6450–01–P 

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. 

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 


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