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[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76831-76839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31175]

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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: Final rule.

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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 were primarily based on provisions incorporated by reference 
from the International Electrotechnical Commission (IEC) Standard 62301 
(First Edition), ``Household electrical appliances--Measurement of 
standby power.'' In this current final rule, DOE further amends its 
test procedure to incorporate by reference the latest edition of the 
IEC 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. 
This final rule also clarifies the rounding guidance and sampling 
provisions for the new measurement of standby mode and off mode 
wattage.

DATES: This rule is effective January 30, 2013. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register on January 30, 2013.
    For purposes of compliance with energy conservation standards, 
compliance with the amended test procedures is required on and after 
May 1, 2013 (for non-weatherized gas and oil furnaces including mobile 
home furnaces, and all electric furnaces). The compliance date for any 
representations relating to standby mode and off mode of residential 
furnaces and boilers is July 1, 2013; on and after this date, any such 
representations must be based upon results generated under these test 
procedures and sampling plans.

ADDRESSES: The docket for this rulemaking is available for review at 
www.regulations.gov, including Federal Register notices, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publically available, such as information that is exempt 
from public disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=25;po=0;D=EERE-
2011-BT-TP-0007. The www.regulations.gov Web page contains simple 
instructions on how to access all documents, including public comments, 
in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by email: 
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 
DC, 20585-0121. Telephone: (202) 586-7892. Email: 
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. Email: Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Authority
II. Summary of the Final Rule
III. Discussion
    A. The September 2011 Proposed Rule
    B. Public Comments on DOE's September 2011 Proposed Rule
    1. Crown Boiler Comments
    2. Air-Conditioning, Heating, and Refrigeration Institute 
Comments
IV. Effective Date and Compliance Dates
V. Compliance With Other EPCA Requirements
VI. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
VII. Approval of the Office of the Secretary

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as 
codified) sets forth a variety of provisions designed to improve energy 
efficiency and established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, a program covering most major 
household appliances, including residential furnaces and boilers 
(referenced below as one of the ``covered products'').\2\ (42 U.S.C. 
6292(a)(5) and 6295(f))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ All references to EPCA in this rulemaking refer to the 
statute as amended through the Energy Independence and Security Act 
of 2007, Public Law 110-140.
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    Under the Act, this program consists essentially of four parts: (1) 
Testing; (2) labeling; (3) Federal energy conservation standards; and 
(4) certification and enforcement procedures. The testing requirements 
consist of test procedures that manufacturers of covered products must 
use as the basis for 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 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

[[Page 76832]]

any rulemaking to amend a test procedure, DOE must determine ``to what 
extent, if any, the proposed test procedure would alter the measured 
energy efficiency * * * of any covered product as determined under the 
existing test procedure.'' (42 U.S.C. 6293(e)(1)) If DOE determines 
that the amended test procedure would alter the measured efficiency of 
a covered product, DOE must amend the applicable energy conservation 
standard accordingly. (42 U.S.C. 6293(e)(2))
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007 
amendments to EPCA, in relevant part, require DOE to amend the test 
procedures for all covered products to include measures of standby mode 
and off mode energy consumption. Specifically, section 310 of EISA 2007 
provides definitions of ``standby mode'' and ``off mode'' (42 U.S.C. 
6295(gg)(1)(A)) and permits DOE to amend these definitions in the 
context of a given product (42 U.S.C. 6295(gg)(1)(B)). The statute 
requires integration of such energy consumption into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product, unless the Secretary determines that: (1) The current 
test procedures for a covered product already fully account for and 
incorporate the standby mode and off mode energy consumption of the 
covered product; or (2) such an integrated test procedure is 
technically infeasible for a particular covered product, in which case 
the Secretary shall prescribe a separate standby mode and off mode 
energy use test procedure for the covered product, if technically 
feasible. (42 U.S.C. 6295(gg)(2)(A))
    Under the statutory provisions adopted by EISA 2007, any such 
amendment must consider the most current versions of IEC Standard 
62301, Household electrical appliances--Measurement of standby power, 
and IEC Standard 62087, Methods of measurement for the power 
consumption of audio, video, and related equipment.\3\ Id. At the time 
of enactment of EISA 2007, the most current versions of these standards 
were IEC Standard 62301 (First Edition 2005-06) and IEC Standard 62087 
(First Edition 2002).
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    \3\ EISA 2007 directs DOE to also consider IEC Standard 62087 
when amending its test procedures to include standby mode and off 
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC 
Standard 62087 addresses the methods of measuring the power 
consumption of audio, video, and related equipment. Accordingly, the 
narrow scope of this particular IEC standard reduces its relevance 
to today's final rule.
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    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 published a final rule in the Federal Register (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. 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 Final 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 has issued 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, representing both 
manufacturers and energy conservation advocacy groups, are presumably 
the same as those that would comment on the proposals for furnaces and 
boilers, and they supported the draft revisions to IEC Standard 62301 
as applied to the other heating products. The second edition of IEC 
Standard 62301 has now been finalized. In the abstract of its January 
27, 2011 publication, the IEC reports that the second edition provides 
practical improvement and possible reduction in testing burden. DOE has 
reviewed IEC Standard 62301 (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, in a 
notice of proposed rulemaking (NOPR) published on September 13, 2011 
(76 FR 56339; ``the September 2011 NOPR''). DOE decided to exercise its 
discretion to consider incorporation 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)) In the September 2011 NOPR, DOE 
proposed to incorporate by reference the second edition of the IEC 
Standard 62301 standard in its entirety, calling out the appropriate 
provisions of that standard in DOE's test procedure regulations for 
residential furnaces and boilers. 76 FR 56339, 56341 (Sept. 13, 2011). 
This proposal also clarified the rounding guidance and sampling 
provisions for the new measurements of standby mode and off mode 
wattage. A public meeting was held on October 3, 2011 to discuss and 
receive comments on the issues presented in the September 2011 NOPR. 
The comment period ended on November 28, 2011.

III. Discussion

A. The September 2011 Proposed Rule

    The September 2011 proposed rule was part of the continued efforts 
of DOE to address the requirements of EISA 2007 as it relates to 
standby mode and off mode for all covered products. In particular, 
after the standby mode and off mode amendments were developed for 
furnaces and boilers, DOE considered 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

[[Page 76833]]

IEC Standard 62301. The second edition of the standard has now been 
finalized. In the abstract of that finalized publication, the IEC 
reported that the second edition would provide practical improvement 
and possible reduction in testing burden. DOE reviewed IEC Standard 
62301 (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 are applicable to a variety of heating products, including 
furnaces and boilers, as well as the other heating products mentioned 
above. Accordingly, after careful review, DOE decided to exercise its 
discretion to consider incorporation by reference 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 the 
September 2011 NOPR, DOE proposed to incorporate into DOE's test 
procedure regulations the second edition of IEC Standard 62301 in its 
entirety, and call out the appropriate provisions of that standard in 
DOE's test procedure regulations for residential furnaces and boilers.
    More specifically, DOE's technical review of IEC Standard 62301 
(Second Edition) 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. 
First, 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 electricity-consuming 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.
    Another 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 the 
changes incorporated in IEC Standard 62301 (Second Edition) will allow 
for use of less burdensome methods when appropriate and will 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 proposed 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.
    In addition, the September 2011 NOPR clarified that the rounding 
guidance in the IEC Standard 62301 (Second Edition) should be used for 
the new proposed wattage measurements. Specifically, it was proposed 
that the following sentence be added to the measurement provisions in 
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.'' 
76 FR 56339, 56342 (Sept. 13, 2011).
    Finally, DOE proposed to apply the existing DOE sampling plans used 
by residential furnace and boiler manufacturers to determine the 
representative values for annual energy consumption to the newly 
proposed standby mode and off mode ratings (PW,SB and 
PW,OFF). Id. at 56342-43. For a more complete discussion of 
DOE's analysis of IEC Standard 62301 (Second Edition), see sections 
III.A through III.C of the September 2011 NOPR. 76 FR 56339, 56341-43 
(Sept. 13, 2011).

B. Public Comments on DOE's September 2011 Proposed Rule

    In response to the September 2011 NOPR, DOE received very little in 
the way of comment on this matter. In particular, there was no 
objection expressed as to the use of the updated version of the IEC 
standard. Only two comments were received from Crown Boiler and the 
Air-Conditioning, Heating, and Refrigeration Institute (Crown, No. 5 
and AHRI, No. 7, respectively), and they are discussed in detail below. 
In overview, these comments dealt with the overall burden of measuring 
standby mode and off mode energy consumption and the associated 
rounding guidance. No comments were received on the added clarification 
provisions related to sampling.
1. Crown Boiler Comments
    Comments from Crown Boiler were supportive of the September 2011 
NOPR, in that the company agreed that the use of the second edition of 
IEC Standard 62301 in lieu of the first edition would result in reduced 
cost of testing. However, despite this reduction in cost, Crown Boiler 
opposed testing provisions for standby mode and off mode energy 
consumption generally, applying to both the current rulemaking and the 
October 2010 final rule, stating, ``[hellip][T]he rule imposes an undue 
regulatory burden on boiler manufacturers, given the fact that it is 
unlikely to result in any significant

[[Page 76834]]

reduction in energy use. In light is this, and in light of Executive 
Order 13563 (``Improving Regulations and Regulatory Review''), we 
believe that DOE should modify this rule [in this case, the provisions 
prescribed by the October 2010 final rule] so that the burden it 
imposes is commensurate with the real-world benefit it provides 
(essentially none).'' (emphasis added) (Crown, No. 5 at p.1-2)
    Initially, DOE notes that most of Crown Boiler's comment involves 
provisions prescribed by the October 2010 final rule rather than those 
proposed in the September 2011 NOPR, which are matters beyond the scope 
of the current rulemaking. However, DOE is addressing the concerns of 
Crown Boiler here because of the interrelationship between these rules. 
Crown Boiler maintained that the energy savings potential associated 
with limiting the standby mode and off mode power consumption of 
residential boilers would be insignificant because of the small 
magnitude of energy consumption in these modes. In support of this 
position, Crown Boiler estimated that most residential boilers would 
consume less than 5W of standby mode and off mode power and that the 
annual shipments are only 400,000 units. In response, as summarized in 
the September 2011 NOPR and as Crown Boiler acknowledges, the EISA 2007 
amendments to EPCA, in relevant part, statutorily require DOE to amend 
the test procedures for all covered products (including furnaces and 
boilers) to include measures of standby mode and off mode energy 
consumption. 76 FR 56339, 56341 (Sept. 13, 2011). Specifically, the 
statute requires integration of such energy consumption into the 
overall energy efficiency, energy consumption, or other energy 
descriptor for each covered product, unless the Secretary determines 
that: (1) The current test procedures for a covered product already 
fully account for and incorporate the standby mode and off mode energy 
consumption of the covered product; or (2) such an integrated test 
procedure is technically infeasible for a particular covered product, 
in which case the Secretary shall prescribe a separate standby mode and 
off mode energy use test procedure for the covered product, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A))
    Furthermore, although DOE realizes that, as pointed out by Crown 
Boiler, the level of standby mode and off mode energy consumption of 
boilers is inherently smaller than that of other products, such as 
forced air furnaces, it nevertheless represents a significant level of 
energy consumption when viewed in the aggregate. For example, the cost 
of annual standby mode and off mode energy consumption for the 
commenter's estimate of annual shipments (400,000 units) and wattage 
would be nearly $2 million each year for a single year's shipments of 
boilers (400,000 x 8000 hours x 5W x .00012 $/whr = $1.92 million). 
Some amount of this energy consumption could be limited by an 
applicable energy conservation standard in the future. This energy 
saving potential would be part of the analysis in support of such a 
standard. Accordingly, for these reasons, DOE cannot eliminate the 
integration of standby mode and off mode into the residential furnaces 
and boilers test procedures on the basis of insignificant energy 
savings potential.
    Crown Boiler also argued that the overall burden of conducting the 
additional tests for standby mode and off mode is significant for small 
businesses. The commenter specifically stated that the purchase cost of 
equipment needed to run the IEC Standard 62301 test is significant for 
small boiler manufacturers. On this matter, DOE certified in the 
October 2010 final rule that the added provisions to address standby 
mode and off mode energy consumption will not a have a significant 
economic impact on a significant number of small entities. 75 FR 64621, 
64628-29 (Oct. 20, 2010). Furthermore, in the September 2011 NOPR, DOE 
tentatively certified that the possible additional burden represented 
by the adoption of the second edition of IEC Standard 62301 also would 
not have a significant economic impact on a substantial number of small 
entities. 76 FR 56339, 56343-44 (Sept. 13, 2011). In today's final 
rule, DOE affirms its certification, because it has concluded that the 
possible additional equipment cost for affected manufacturers is a 
small investment compared to manufacturers' overall financial 
investment needed to undertake the business enterprise of testing 
consumer products, including residential boilers.
    Crown Boiler also commented on the additional testing time that IEC 
Standard 62301 (Second Edition) may require on units with unstable 
readings. DOE analyzed this issue in the September 2011 NOPR and 
tentatively concluded that in the worst case, the labor costs 
associated with wait time during testing would result in a small 
additional cost of $30 per test unit. Id. at 56344. Crown Boiler 
maintained that in addition to the possible labor cost, the waiting 
time would result in less availability for the test stand. In response, 
DOE does not view this as additional burden, since there is no 
provision in the rule that requires the standby mode and off mode 
measurements to be made on a particular test stand. Typically, a test 
stand for full efficiency testing of boilers would require fossil fuel 
and electricity connections, as well as venting arrangements. If such 
test stands are in demand, the standby mode and off mode testing could 
be done in a more convenient place where only an electrical connection 
is needed.
    In its comments, Crown Boiler argued that a second testing burden 
would arise from the need to separately test different controls systems 
on various boiler models for standby mode and off mode energy 
consumption. If, in fact, the energy consumption is different for each 
type of control system and there are numerous control system options 
applied to a given basic model, additional testing may be required for 
those basic models. However, this situation is not unlike any other 
design feature of a covered product that affects energy consumption. 
DOE believes this possible difference between control systems, and its 
potential additional testing costs, could be mitigated by the existing 
rules regarding conservative ratings, while still satisfying the 
requirement in EISA 2007 for incorporation into the DOE test 
procedures. In a recent rulemaking on certification, compliance, and 
enforcement, DOE clarified the conservative ratings concept within that 
final rule's discussion of the concept of ``basic model.'' 76 FR 12422, 
12428-29 (March 7, 2011). Specifically, that discussion elaborated on 
the permitted flexibility in determining how manufacturers choose to 
group individual models into a basic model with essentially identical 
energy consumption characteristics. Generally, characteristics, such as 
different control systems, that have a small effect on overall energy 
consumption or efficiency need not constitute different basic models 
and, therefore, would not require additional separate testing. Rather, 
at the manufacturer's discretion, a basic model could include a variety 
of control systems, provided that the resulting rated energy 
consumption would be sufficiently conservative to account for the 
least-efficient model within the basic model. DOE believes it is 
reasonable to assume that the manufacturer can determine which control 
system would be likely to have the highest energy consumption, thereby 
allowing the manufacturer to avail itself of the conservative ratings 
in lieu of additional testing, if it so chooses.

[[Page 76835]]

    Finally, Crown Boiler mentioned as a burden the differences in 
ambient air specifications between IEC Standard 62301 and the existing 
DOE test procedure. This is not a valid point, because the October 2010 
final rule specifies, expressly to eliminate unnecessary burden, that 
the existing test procedure specification for ambient air is to be used 
for all testing. 75 FR 64621, 64623-25 (Oct. 20, 2010). Today's final 
rule does nothing to alter DOE's existing specifications for ambient 
temperature.
    In sum, the concerns raised by Crown Boiler have not demonstrated 
an undue burden associated with DOE's proposed standby mode and off 
mode measurement provisions, which have been adopted pursuant to DOE's 
mandate in EISA 2007.
    Although Crown Boiler would prefer the elimination of standby mode 
and off mode measurements for residential boilers, in the alternative, 
it requested consideration of some simplification of the measurement 
procedures. Specifically, Crown Boiler asked that in lieu of requiring 
the IEC Standard 62301 measurements, that manufacturers could be 
allowed, as an option, to assess the standby mode and off mode wattage 
with a preliminary and less sophisticated measurement procedure. More 
specifically, Crown Boiler suggested that if that value is below some 
threshold, the manufacturer would be allowed to report a conservative 
default value (i.e., a value greater than the measured value). If the 
preliminary value is above the relevant threshold, Crown Boiler 
suggested that the IEC Standard 62301 provisions must be used. Crown 
Boiler mentioned 7.5 watts and 10 watts as the threshold and default 
values respectively. This concept could have merit, in that it may 
reduce testing burden; however, it may not, in effect, be significantly 
different than the conservative rating concept discussed above. 
Specifically, the manufacturer, in its discretion, may assess the 
magnitude of the standby mode/off mode loss through limited testing and 
choose to make a conservative rating. Therefore, DOE believes the 
conservative rating allowance is a reasonable pathway for the commenter 
to use to reduce testing burden. Accordingly, DOE has concluded that 
there is not a compelling need to modify the test procedure to assign 
specific threshold and default values along with a defined, less-
accurate test measurement procedure as the commenter suggested.
2. Air-Conditioning, Heating, and Refrigeration Institute Comments
    In addition to proposing the use of the second edition of IEC 
Standard 62301, the September 2011 NOPR provided rounding guidance 
applicable to the new measures of energy consumption for furnaces and 
boilers (i.e., PW,SB and PW,OFF). For these 
values, the September 2011 NOPR clarified that the rounding guidance 
provided in IEC Standard 62301 (Second Edition) would apply. 76 FR 
56339, 56342, 56347 (Sept. 13, 2011). Specifically, DOE proposed to add 
the following sentence to the measurement provisions of the proposed 
regulatory text, where appropriate: ``The recorded standby power 
(PW,SB) (or off mode power PW,OFF, where 
appropriate) shall be rounded to the second decimal place, and for 
loads greater than or equal to 10W, at least three significant figures 
shall be reported.'' Id. at 56342. DOE requested comments as to the 
adequacy and appropriateness of this clarification. Here, it is 
important to note that DOE has established energy conservation 
standards utilizing these power measurements (see 76 FR 37408 (June 27, 
2011); 76 FR 67037 (Oct. 31, 2011)). These standards are expressed to 
two significant figures (i.e., 10 watts PW,SB (or off mode 
power PW,OFF, where appropriate) for gas-fired and electric 
furnaces and 11 watts PW,SB (or off mode power 
PW,OFF, where appropriate) for oil-fired furnaces). 
Therefore, certification to these standards, utilizing the IEC rounding 
guidance, would likely require reporting to the second decimal place 
(i.e., values below the 10 watt level where the IEC rounding guidance 
requires three significant figures or the second decimal place). Only 
reported values between 11 watts and 10 watts for oil-fired and 
electric furnaces would be allowed a single decimal place report using 
the IEC rounding guidance. AHRI, in its comments, opined that the 
second decimal place rounding represents an unnecessary rounding burden 
on manufacturers without adding any value when one considers the 
annualized accounting of total electrical energy consumption as 
represented in the term ESO. (AHRI No. 7 at p. 1-2)
    DOE believes that the IEC rounding provisions for wattage 
measurements are appropriate and within the capabilities of the 
instrumentation specified in the IEC standard. Specifically, DOE's 
review of IEC Standard 62301-compliant instrumentation has determined 
that one can easily support this level of reporting. Moreover, the test 
procedures for other DOE covered products already utilize IEC Standard 
62301 for the wattage measurements, and DOE believes there is benefit 
in measuring the standby mode and off mode energy consumption of 
various covered products in a consistent manner for the various DOE 
requirements (i.e., annual consumption representations or standards 
compliance reports). In sum, carrying the IEC level of precision (three 
significant figures) through the annualized consumption calculations 
does not represent any additional burden, because it is simply a matter 
of running a calculation and reporting the result. Accordingly, DOE has 
concluded that this comment does not justify a departure from the IEC 
provisions, so DOE is adopting the rounding guidance as proposed.

IV. Effective Date and Compliance Dates

    The effective date for these amendments is January 30, 2013. 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 energy 
consumption of residential furnaces and boilers is July 1, 2013; on and 
after this 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 test procedure 
amendments related to standby mode and off mode energy consumption are 
not required for purposes of energy conservation standards compliance 
until May 1, 2013 (for non-weatherized gas and oil furnaces including 
mobile home furnaces, and all electric furnaces); this is the 
compliance date of the recently amended energy conservation standards 
for residential furnaces, which include standards for standby mode and 
off mode energy consumption. 76 FR 37408 (June 27, 2011); 76 FR 67037 
(Oct. 31, 2011). Again, DOE makes this statement with the caveat that 
the amended standards only apply to furnaces and not boilers. Amended 
energy conservation standards addressing standby mode and off mode for 
boilers will be addressed and apply on the compliance date for the next 
energy conservation standards rulemaking for those products.

V. Compliance With Other EPCA Requirements

    EPCA requires that any test procedures prescribed or amended must

[[Page 76836]]

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)) If 
DOE amends its test procedures, it must determine to what extent, if 
any, the proposed test procedure would alter the measured energy 
efficiency or energy use of the 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 energy 
efficiency or energy use, it must amend the applicable energy 
conservation standard to reflect the average energy efficiency or 
energy use, as determined using the amended test procedure. (42 U.S.C. 
6293(e)(2))
    Today's amendments to the DOE test procedure for residential 
furnaces and boilers incorporates the most current version of IEC 
Standard 62301 in lieu of the previous version. DOE has concluded that 
these new provisions will continue to produce valid test results, while 
reducing testing burden. Accordingly, this final rule meets the 
requirements of 42 U.S.C. 6293(b)(3).
    In addition, DOE has determined that these amendments will not 
alter the measured efficiency or energy use when determining compliance 
with the current energy conservation standards for these products or 
with future standards related to standby mode and off mode for 
furnaces. Accordingly, no modifications to the currently applicable 
energy conservation standards are required. This is because the 
currently applicable energy conservation standard is based on the 
annual fuel utilization efficiency (AFUE) metric which does not include 
or depend on the new 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 test 
procedure amendments related to standby mode and off mode energy 
consumption are not 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. As noted above, 
DOE has adopted amended energy efficiency standards, as well as standby 
mode and off mode energy conservation standards, for residential 
furnaces (but not boilers). 76 FR 37408 (June 27, 2011); 76 FR 67037 
(Oct. 31, 2011).
    Lastly, DOE does not believe that these test procedure amendments, 
which 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 energy 
conservation standards or the recently promulgated amended standards.

VI. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, ``Regulatory 
Planning and Review.'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
regulatory action was not subject to review under the Executive Order 
by the Office of Information and Regulatory Affairs (OIRA) in the 
Office of Management and Budget (OMB).

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 www.gc.doe.gov/gc/office-general-counsel.
    Today's final rule adopts test procedure provisions to measure 
standby mode and off mode energy consumption of residential furnaces 
and boilers, generally through the incorporation by reference of IEC 
Standard 62301 (Second Edition). DOE reviewed today's final rule under 
the provisions of the Regulatory Flexibility Act and the policies and 
procedures published on February 19, 2003. For the reasons explained 
below, DOE certifies that the final rule will 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 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 this final rule adds significant 
costs nor requires 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

[[Page 76837]]

Air Heating Equipment and Commercial and Industrial Refrigeration 
Equipment Manufacturing (including residential furnaces and boilers), 
is 750 employees.\4\ DOE reviewed the Air-Conditioning, 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 final 
rule would not represent a substantial burden to any manufacturer, 
including small manufacturers, as explained above.
---------------------------------------------------------------------------

    \4\ U.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).
    \5\ The Air-Conditioning, Heating and Refrigeration Institute, 
Directory of Certified Product Performance (June 7, 2010) (Available 
at: http://www.ahridirectory.org/ahridirectory/pages/home.aspx).
    \6\ The 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).
    \7\ The California Energy Commission, Appliance Database for 
Residential Furnaces and Boilers (2010) (Available at: http://www.appliances.energy.ca.gov/QuickSearch.aspx).
    \8\ Consortium of Energy Efficiency, Qualifying Furnace and 
Boiler List (2010) (Available at: http://www.cee1.org/gas/gs-ht/gs-ht-main.php3).
---------------------------------------------------------------------------

    Accordingly, DOE has not prepared a regulatory flexibility analysis 
for this rulemaking. DOE's certification and supporting statement of 
factual basis were provided to the Chief Counsel for Advocacy of the 
SBA for review under 5 U.S.C. 605(b). DOE did not receive any comments 
demonstrating a significant economic impact on any small entities. 
Thus, DOE reaffirms and certifies that this rule will not have a 
significant economic impact on a substantial number of small entities.

C. Review Under the Paperwork Reduction Act of 1995

    Today's final 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 amending the test procedure for residential 
furnaces and boilers to address measurement of the standby mode and off 
mode energy consumption of these products. DOE has determined that this 
final rule falls into a class of actions that are categorically 
excluded from review under the National Environmental Policy Act of 
1969 (Pub. L. 91-190, codified at 42 U.S.C. 4321 et seq.), and DOE's 
implementing regulations at 10 CFR part 1021. Specifically, this final 
rule, which adopts an industry standard for measurement of standby mode 
and off mode energy consumption, amends an existing rule without 
changing its environmental effect, and, therefore, is covered by 
Categorical Exclusion A5 found in 10 CFR part 1021, subpart D, appendix 
A. Today's final rule does not affect the amount, quality, or 
distribution of energy usage, and, therefore, does not result in any 
environmental impacts.\9\ Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.
---------------------------------------------------------------------------

    \9\ Categorical Exclusion A5 provides: ``Rulemaking interpreting 
or amending an existing rule or regulation that does not change the 
environmental effect of the rule or regulation being amended.''
---------------------------------------------------------------------------

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' imposes certain requirements 
on agencies formulating and implementing policies or regulations that 
preempt State law or that have Federalism implications. 64 FR 43255 
(August 10, 1999). The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States, and to carefully 
assess the necessity for such actions. The Executive Order also 
requires agencies to have an accountable process to ensure meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have Federalism implications. On March 14, 
2000, DOE published a statement of policy describing the 
intergovernmental consultation process that it will follow in 
developing such regulations. 65 FR 13735. DOE has examined this final 
rule and has determined that it does not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of today's final 
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

[[Page 76838]]

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/gc/office-general-counsel). 
Today's final rule, which modifies the current test procedures for 
residential furnaces and boilers, contains neither an intergovernmental 
mandate, nor a mandate that may result in the expenditure by State, 
local, and Tribal governments, or by the private sector, of $100 
million or more in any year. Accordingly, no further assessment or 
analysis is required under the Unfunded Mandates Reform Act of 1995.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
Today's final rule amending DOE test procedures would not have any 
impact on the autonomy or integrity of the family as an institution. 
Accordingly, DOE has concluded that it is not necessary to prepare a 
Family Policymaking Assessment.

I. Review Under Executive Order 12630

    Pursuant to Executive Order 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights,'' 53 FR 
8859 (March 15, 1988), DOE has determined that this final rule will not 
result in any takings that might require compensation under the Fifth 
Amendment to the United States Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (Pub. 
L. 106-554, codified at 44 U.S.C. 3516 note) provides for agencies to 
review most disseminations of information to the public under 
information quality guidelines established by each agency pursuant to 
general guidelines issued by OMB. OMB's guidelines were published at 67 
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 
62446 (Oct. 7, 2002). DOE has reviewed today's final rule under the OMB 
and DOE guidelines and has concluded that it is consistent with 
applicable policies in those guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. Today's final rule is 
not a significant regulatory action under Executive Order 12866 or any 
successor order; will not have a significant adverse effect on the 
supply, distribution, or use of energy; and has not been designated by 
the Administrator of OIRA as a significant energy action. Therefore, 
DOE has determined that this rule is not a significant energy action. 
Accordingly, DOE has not prepared a Statement of Energy Effects for 
this rulemaking.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101 et seq.), DOE must comply with all laws 
applicable to the former Federal Energy Administration, including 
section 32 of the Federal Energy Administration Act of 1974 (Pub. L. 
93-275), as amended by the Federal Energy Administration Authorization 
Act of 1977 (Pub. L. 95-70). (15 U.S.C. 788) Section 32 provides that 
where a proposed rule authorizes or requires use of commercial 
standards, the notice of proposed rulemaking must inform the public of 
the use and background of such standards. In addition, section 32(c) 
requires DOE to consult with the Attorney General and the Federal Trade 
Commission (FTC) concerning the impact of commercial or industry 
standards on competition.
    Certain of the amendments and revisions in this final rule 
incorporate testing methods contained in the following commercial 
standard, the International Electrotechnical Commission (IEC) Standard 
62301, ``Household electrical appliances--Measurement of standby 
power'' (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 has consulted with the Attorney General and 
the Chairman of the FTC concerning the impact on competition of 
requiring manufacturers to use the test methods contained in this 
standard, and neither recommended against incorporation of this 
standard.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of today's final rule before its effective date. The 
report will state that it has been determined that the rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

VII. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on November 16, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
    For the reasons stated in the preamble, DOE is amending part 430 of 
Chapter II, Subchapter D of Title 10 of the Code of Federal 
Regulations, as set forth below:

[[Page 76839]]

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

Sec.  430.3  [Amended]

0
2. Section 430.3 is amended by:
0
a. Removing, in paragraph (m)(1), the words ``appendix I, and appendix 
N'' and adding in its place ``and appendix I'';
0
b. Adding after ``J2,'' in paragraph (m)(2), ``N,''.
0
3. Appendix N to subpart B of part 430 is amended:
0
a. By revising the second sentence of the introductory note.
0
b. In section 2.4., by removing the phrase ``(First Edition 2005-06)'' 
and adding in its place ``(Edition 2.0 2011-01)'';
0
c. In section 8.6.1, 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.
0
d. In section 8.6.2, 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.
    The additions and revisions read as follows:

Appendix N to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Furnaces and Boilers

    Note: * * * However, any representation related to standby mode 
and off mode energy consumption of these products made after July 1, 
2013 must be based upon results generated under this test procedure, 
consistent with the requirements of 42 U.S.C. 6293(c)(2). * * *

* * * * *
    8.6.1 Standby power measurement. * * * 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.
    8.6.2. Off mode power measurement. * * * 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.
* * * * *
[FR Doc. 2012-31175 Filed 12-28-12; 8:45 am]
BILLING CODE 6450-01-P
```