```

[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Rules and Regulations]
[Pages 791-815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30748]

[[Page 791]]

Vol. 80

Tuesday,

No. 3

January 6, 2015

Part V

Department of Energy

-----------------------------------------------------------------------

48 CFR Part 430

Energy Conservation Program for Consumer Products: Test Procedures for 
Direct Heating Equipment and Pool Heaters; Final Rule

Federal Register / Vol. 80 , No. 3 / Tuesday, January 6, 2015 / Rules 
and Regulations

[[Page 792]]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2013-BT-TP-0004]
RIN 1904-AC94

Energy Conservation Program for Consumer Products: Test 
Procedures for Direct Heating Equipment and Pool Heaters

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is amending its test 
procedures for vented home heating equipment and pool heaters 
established under the Energy Policy and Conservation Act. This 
rulemaking fulfills DOE's statutory obligation to review its test 
procedures for covered products at least once every seven years. The 
amendments add provisions for testing vented home heating equipment 
that utilizes condensing technology, and incorporate by reference six 
industry test standards to replace the outdated test standards referred 
to in the existing DOE test procedure. For pool heaters, the amendments 
incorporate by reference Air-Conditioning, Heating, and Refrigeration 
Institute (AHRI) Standard 1160-2009, ``Performance Rating of Heat Pump 
Pool Heaters,'' and ANSI/American Society of Heating, Refrigerating, 
and Air-Conditioning Engineers (ASHRAE) Standard 146-2011, ``Method of 
Testing and Rating Pool Heaters,'' to establish a test method for 
electric pool heaters (including heat pump pool heaters). The 
amendments also clarify the test procedure's applicability to oil-fired 
pool heaters.

DATES: The effective date of this rule is February 5, 2015. Compliance 
will be mandatory starting July 6, 2015.
    The incorporation by reference of certain publications listed in 
this rule is approved by the Director of the Federal Register as of 
February 5, 2015. Other publications referenced were approved on 
January 3, 2014.

ADDRESSES: The docket is available for review at www.regulations.gov, 
including Federal Register notices, public meeting attendee lists and 
transcripts, comments, and other supporting documents/materials. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0004. This Web 
page contains a link to the docket for this rule on the 
www.regulations.gov site. The www.regulations.gov Web page contains 
simple instructions on how to access all documents, including public 
comments, in the docket.
    For 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. John Cymbalsky, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 287-1692. Email: 
John.Cymbalsky@ee.doe.gov.
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: Sarah.Butler@hq.doe.gov.

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
into subpart B of 10 CFR part 430, the following industry standards:

AHRI Standard 1160-2009 (``AHRI 1160''), Performance Rating of Heat 
Pump Pool Heaters, 2009.
Copies of AHRI 1160 can be obtained from the Air-Conditioning, 
Heating, 2111 Wilson Blvd., Suite 500, Arlington, VA 22201, 703-524-
8800, or go to http://www.ahrinet.org.
ANSI Z21.86-2008, (``ANSI Z21.86''), Vented Gas-Fired Space Heating 
Appliances, Fifth Edition.
Copies of ANSI Z21.86 can be obtained from American National 
Standards Institute, 25 W. 43rd Street, 4th Floor, New York, NY 
10036, 212-642-4900, or go to http://www.ansi.org.
ANSI/ASHRAE Standard 103-2007, (``ASHRAE 103-2007''), Method of 
Testing for Annual Fuel Utilization Efficiency of Residential 
Central Furnaces and Boilers, ANSI approved March 25, 2008.
Copies of ASHRAE 103-2007 can be obtained from American Society of 
Heating, Refrigerating and Air-Conditioning Engineers, Inc., 
Publication Sales, 1791 Tullie Circle, NE., Atlanta, GA 30329, 800-
527-4723 or 404-636-8400, or go to http://www.ashrae.org.
ANSI/ASHRAE Standard 146-2011 (``ASHRAE 146''), Method of Testing 
and Rating Pool Heaters, ASHRAE approved February 2, 2011.
Copies of ASHRAE 146 can be obtained from American Society of 
Heating, Refrigerating and Air-Conditioning Engineers, Inc., 
Publication Sales, 1791 Tullie Circle, NE., Atlanta, GA 30329, 800-
527-4723 or 404-636-8400, or go to http://www.ashrae.org.
ASTM D2156-09, (``ASTM D2156''), Standard Test Method for Smoke 
Density in Flue Gases from Burning Distillate Fuels, ASTM approved 
December 1, 2009.

    Copies of ASTM D2156 can be obtained from American Society for 
Testing and Materials International, 100 Barr Harbor Drive, P.O. Box 
C700, West Conshohocken, PA 19428-2959, or go to http://www.astm.org.
    UL 729-2003 (``UL 729''), Standard for Safety for Oil-Fired 
Floor Furnaces, Sixth Edition, dated August 29, 2003, including 
revisions through April 22, 2010.
    Copies of UL 729 can be obtained from Underwriters Laboratories, 
Inc., 2600 NW. Lake Rd., Camas WA 98607-8542, or go to http://www.UL.com.
    UL 730-2003 (``UL 730''), Standard for Safety for Oil-Fired Wall 
Furnaces, Fifth Edition, dated August 29, 2003, including revisions 
through April 22, 2010.
    Copies of UL 730 can be obtained from Underwriters Laboratories, 
Inc., 2600 NW. Lake Rd., Camas WA 98607-8542, or go to http://www.UL.com.
    UL 896-1993 (``UL 896''), Standard for Safety for Oil-Burning 
Stoves, Fifth Edition, dated July 29, 1993, including revisions 
through May 7, 2010.
    Copies of UL 896 can be obtained from Underwriters Laboratories, 
Inc., 2600 NW. Lake Rd., Camas WA 98607-8542, or go to http://www.UL.com.

Table of Contents

I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
    A. Products Covered by This Final Rule
    B. Dates for the Amended Test Procedure
    C. Test Procedure for Direct Heating Equipment
    1. Vented Home Heating Equipment Employing Condensing Technology
    2. Updating of Industry Reference Standards
    3. Other Issues
    D. Test Procedure for Pool Heaters
    1. Electric Pool Heaters
    2. Other Issues
    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 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 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
V. Approval of the Office of the Secretary

[[Page 793]]

I. Authority and Background

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA'' or ``the Act''), Public Law 94-163 (codified at 42 
U.S.C. 6291-6309) sets forth a variety of provisions designed to 
improve energy efficiency and establishes the Energy Conservation 
Program for Consumer Products Other Than Automobiles.\2\ These include 
two covered products that are the subject of this rule: direct heating 
equipment (DHE) and pool heaters. (42 U.S.C. 6292(a)(9) and (11))
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 18, 2012).
---------------------------------------------------------------------------

    Under EPCA, the energy conservation program generally consists of 
four parts: (1) Testing; (2) labeling; (3) establishing Federal energy 
conservation standards; and (4) certification and enforcement 
procedures. The testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for making 
representations about the efficiency of those products, including 
representations to DOE of compliance with applicable energy 
conservation standards adopted pursuant to EPCA. (42 U.S.C. 6293(c); 42 
U.S.C. 6295(s)) Similarly, DOE must use these test requirements to 
determine whether the products comply with any relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
that DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides, in relevant part, that any test 
procedures prescribed or amended under this section must be reasonably 
designed to produce test results which measure energy efficiency, 
energy use, or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use, and must 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the product's measured energy efficiency. (42 
U.S.C. 6293(e)(1))
    Further, the Energy Independence and Security Act of 2007 (EISA 
2007) amended EPCA to require that at least once every seven years, DOE 
must review test procedures for all covered products and either amend 
test procedures (if the Secretary determines that amended test 
procedures would more accurately or fully comply with the requirements 
of 42 U.S.C. 6293(b)(3)), or publish notice in the Federal Register of 
any determination not to amend a test procedure. (42 U.S.C. 
6293(b)(1)(A)) Under this requirement, DOE must review the test 
procedures for direct heating equipment and pool heaters not later than 
December 19, 2014 (i.e., seven years after the enactment of EISA 2007). 
This final rule satisfies this requirement.
    This rulemaking covers two types of direct heating equipment: 
vented home heating equipment and unvented home heating equipment. For 
vented home heating equipment, the test procedure is located at 10 CFR 
430.23(o) and 10 CFR part 430, subpart B, appendix O (Appendix O). The 
vented home heating equipment test procedure includes provisions for 
determining energy efficiency (annual fuel utilization efficiency 
(AFUE)), as well as annual energy consumption. DOE's test procedures 
for unvented home heating equipment are located at 10 CFR 430.23(g) and 
10 CFR 430, subpart B, appendix G (Appendix G). For unvented heaters 
that are used as the primary heating source for the home, there is a 
calculation of annual energy consumption based on a single assignment 
of active mode hours; there is no provision for calculation of energy 
efficiency. For unvented heaters that are not used as the primary 
heating source for the home, there are no provisions for calculating 
either the energy efficiency or annual energy consumption.
    DOE's test procedure for pool heaters is found at 10 CFR 430.23(p) 
and 10 CFR part 430, subpart B, appendix P (Appendix P). The test 
procedure includes provisions for determining two energy efficiency 
descriptors (i.e., thermal efficiency and integrated thermal 
efficiency), as well as annual energy consumption.
    In addition to the test procedure review provision discussed above, 
EISA 2007 also amended EPCA to require DOE to amend its test procedures 
for all covered products to include measurement of standby mode and off 
mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) DOE published a 
final rule adopting standby mode and off mode provisions for heating 
products in the Federal Register on December 17, 2012. 77 FR 74559. 
That rulemaking was limited to test procedure amendments to address 
standby mode and off mode requirements; it did not address non-standby/
off mode issues in DOE's existing test procedures for the covered 
products. DOE addresses those issues separately in this final rule.
    On October 12, 2011, DOE published in the Federal Register a 
request for information (RFI) that identified and requested comment on 
a number of issues regarding the test procedures for DHE (including 
both vented and unvented home heating equipment) and pool heaters 
(October 2011 RFI).\3\ 76 FR 63211. DOE accepted comments and 
information on the October 2011 RFI until November 28, 2011, and 
considered all feedback received.
---------------------------------------------------------------------------

    \3\ The October 2011 RFI also requested information on the need 
to amend the test procedures for residential water heaters. However, 
because the American Energy Manufacturing and Technical Corrections 
Act amended EPCA to require that DOE develop a uniform efficiency 
descriptor for residential and commercial water heaters (42 U.S.C. 
6295(e)(5)), DOE is addressing test procedure updates for that 
product in a separate rulemaking.
---------------------------------------------------------------------------

    On October 24, 2013, DOE published a notice of proposed rulemaking 
(NOPR) to propose amendments for its test procedures for vented home 
heating equipment and pool heaters (October 2013 NOPR). 78 FR 63410. In 
the October 2013 NOPR, DOE proposed amending the test procedure to 
include provisions for condensing technology in vented home heating 
equipment, updating outdated references, and clarifying the pool heater 
test procedure as it applies to oil-fired products. DOE also proposed 
new test provisions for electric pool heaters, including electric heat 
pump pool heaters. DOE did not receive comments on the RFI relating to 
unvented home heating equipment and, after reviewing the test method, 
did not propose any changes to the test procedure for unvented home 
heating equipment in the October 2013 NOPR. Pursuant to 42 U.S.C. 
6293(b)(1)(A)(ii), DOE has determined not to amend the test procedure 
for unvented home heating equipment.
    The October 2013 NOPR serves as the basis for this final rule. On 
December 4, 2013, DOE held a public meeting to discuss the test 
procedure proposals outlined in the October 2013 NOPR. DOE accepted 
comments and information on the NOPR until January 7, 2014. DOE 
considered the feedback received from stakeholders, which is discussed 
in section III of this final rule.

II. Synopsis of the Final Rule

    In this final rule, DOE amends its test procedures for vented home 
heating equipment and pool heaters. The vented

[[Page 794]]

home heating equipment amendments add provisions for testing vented 
heaters that utilize condensing technology and update incorporations by 
reference in the existing test procedure. The pool heater amendments 
incorporate by reference Air-Conditioning, Heating, and Refrigeration 
Institute (AHRI) Standard 1160-2009, ``Performance Rating of Heat Pump 
Pool Heaters'' (AHRI 1160) and American National Standards Insitute 
(ANSI)/American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) Standard 146-2011, ``Method of Testing and Rating 
Pool Heaters'' (ASHRAE 146), to establish testing procedures for 
electric resistance and electric heat pump pool heaters. The amendments 
for pool heaters also clarify the test procedure's applicability to 
gas-fired and oil-fired pool heaters. The amendments and clarifications 
for both product types are summarized below.
    DOE amends the test procedure for vented heaters to incorporate by 
reference the following six current industry standards to replace the 
outdated standards referenced in the existing DOE test procedure: (1) 
ANSI/ASHRAE Standard 103-2007, ``Method of Test for Annual Fuel 
Utilization Efficiency of Residential Central Furnaces and Boilers'' 
(ASHRAE 103-2007); (2) ANSI Z21.86-2008, ``Gas-Fired Space Heating 
Appliances'' (ANSI Z21.86); (3) ASTM D2156-09, ``Standard Test Method 
for Smoke Density in Flue Gases from Burning Distillate Fuels'' (ASTM 
D2156); (4) UL 729-2003, ``Standard for Safety for Oil-Fired Floor 
Furnaces'' (UL 729); (5) UL 730-2003, ``Standard for Safety for Oil-
Fired Wall Furnaces'' (UL 730); and (6) UL 896-1993, ``Standard for 
Safety for Oil-Burning Stoves'' (UL 896). DOE also establishes a test 
method to determine the AFUE of vented heaters that use condensing 
technology.
    DOE does not adopt as part of the final rule a proposal included in 
the October 2013 NOPR for a default jacket loss value for vented floor 
furnaces. DOE proposed a default value of one percent for floor furnace 
jacket loss (measured as a percentage of fuel input rate in Btu/h). 
However, subsequent DOE testing revealed an average jacket loss of 3.05 
percent with a standard deviation of 0.45 percent. Because the results 
show jacket losses to be much higher than one percent, DOE will not 
adopt a default value. The test procedure continues to require the 
measurement of jacket losses for vented floor furnaces when determining 
the AFUE.
    In addition, DOE corrects multiple clerical errors and clarifies 
sections that commenters identified as ambiguous or unclear in the test 
procedure for vented home heating equipment. These changes are 
identified and explained in section III.
    In this final rule, DOE clarifies the applicability of the pool 
heater test method for oil-fired products. DOE also adopts new 
provisions for testing electric pool heaters, including electric heat 
pump pool heaters. DOE adopts test methods for electric pool heaters by 
incorporating by reference ASHRAE 146. In addition, DOE adopts test 
methods for electric heat pump pool heaters by incorporating by 
reference AHRI 1160, which provides a method to convert the coefficient 
of performance (COP) metric used in that standard to the thermal 
efficiency metric required by EPCA. (42 U.S.C. 6291(22)(E))
    In any rulemaking to amend a test procedure, DOE must determine to 
what extent, if any, the proposed test procedure would alter the 
measured energy efficiency of any covered product from that determined 
under the existing test procedure. (42 U.S.C. 6293(e)(1)) For both 
vented home heating equipment and pool heaters, DOE has determined that 
the proposed test procedure amendments would have a de minimis impact 
on the products' measured efficiency. A full discussion of the 
rationale for this conclusion is provided in section III.C.

III. Discussion

    DOE received seven written comments in response to the October 2013 
NOPR in addition to the comments received during the December 2013 
public meeting. The commenters included: AHRI; ASHRAE; Empire Comfort 
Systems (ECS); Intertek; the Natural Resources Defense Council (NRDC); 
Raypak; and China WTO/TBT National Notification & Enquiry Center, 
Standard and Regulation Researching Center, AQSIQ, P.R. China (CWTO). 
These interested parties commented on a range of issues, including 
those DOE identified in the October 2013 NOPR, as well as several other 
pertinent issues. The issues on which DOE received comments, as well as 
DOE's responses to those comments and the resulting changes to the test 
procedures for vented home heating equipment and pool heaters, are 
discussed in the following subsections C and D.
    DOE notes that the U.S. Court of Appeals for the District of 
Columbia (D.C. Circuit) on February 8, 2013, issued a decision vacating 
the DOE definition of ``Vented hearth heater'' at 10 CFR 430.2 and 
remanded the issue to DOE to interpret the challenged provisions 
consistent with the court's opinion.\4\ As such, DOE amends the 
definition of ``vented home heating equipment'' at 10 CFR 430.2 to 
remove the term ``vented hearth heater.'' DOE did not receive comments 
related to the application of the test procedure to vented hearth 
heaters in response to the October 2013 NOPR. DOE plans to address the 
vented hearth heaters test procedure in a separate rulemaking.
---------------------------------------------------------------------------

    \4\ Hearth, Patio & Barbecue Ass'n v. U.S. Dep't of Energy, 706 
F.3d 499, 509 (D.C. Cir. 2013).
---------------------------------------------------------------------------

A. Products Covered by This Final Rule

    The amendments in this final rule cover those products that meet 
the definitions for vented home heating equipment and pool heaters, as 
codified in 10 CFR 430.2. DOE received no comment regarding unvented 
home heating equipment in response to the RFI and thus did not propose 
test procedure amendments for these products in the October 2013 NOPR. 
Likewise, DOE does not adopt any amendments to its test procedure for 
unvented home heating equipment in this final rule.

B. Dates for the Amended Test Procedure

    This final rule amends 10 CFR 430.3, 10 CFR 430.23, Appendix O to 
subpart B of part 430, and Appendix P to subpart B of part 430. The 
amendments to 10 CFR 430.3 and 10 CFR 430.23 are effective 30 days 
after publication of this final rule. Pursuant to 42 U.S.C. 6293(c)(2), 
effective 180 days after DOE prescribes or establishes a new or amended 
test procedure, manufacturers must make representations of energy 
efficiency, including certifications of compliance, using that new or 
amended test procedure. Accordingly, all representations of energy 
efficiency, including certifications of compliance, must be based on 
testing conducted in accordance with the amended Appendix O and 
Appendix P as of 180 days after publication of the test procedure final 
rule.

C. Test Procedure for Direct Heating Equipment

    This final rule amends DOE's test procedures for vented heaters to 
account for this condensing technology. Condensing technology is a 
design strategy that increases the efficiency of a heating appliance by 
extracting additional thermal energy from the flue gases, causing the 
water vapor created in the combustion process to condense. The 
provisions regarding condensing technology for vented home heating 
equipment are essentially the same as those contained in ASHRAE 103-
2007.

[[Page 795]]

However, because of the numerous clarifications and modifications 
needed to apply the condensing technology provisions of the industry 
standard for furnaces and boilers to vented home heating equipment, DOE 
incorporates the condensing procedures as stand-alone amendments to 
DOE's vented home heating equipment test procedure, rather than 
incorporating by reference select provisions of ASHRAE 103-2007.
    Consistent with 42 U.S.C. 6293(c), any representations of energy 
consumption of vented home heating equipment must be based on the final 
amended test procedures 180 days after the publication of this test 
procedure final rule in the Federal Register. Until that time, 
manufacturers must make such representations based either on the final 
amended test procedures or on the previous test procedures, set forth 
at 10 CFR part 430, subpart B, appendix O, revised as of January 1, 
2014.
    In response to the October 2013 NOPR and during the December 2013 
public meeting, DOE received comments relating to vented home heating 
equipment from five interested parties (Intertek, ECS, AHRI, NRDC, and 
ASHRAE). The comments focused on: (1) condensate collection test 
procedures, (2) updating incorporations by reference to industry 
standards, and (3) other test procedure details. Regarding the first 
issue, commenters generally favored incorporating condensing technology 
into the test procedure, although some further clarifications were 
requested. Regarding the second issue, commenters generally favored 
updating incorporations by reference to more recent industry standards. 
As part of DOE's overall review of test procedures, these vented home 
heating equipment amendments include a complete updating of references 
to industry standards used in the vented home heating equipment test 
procedure and modifications to the test procedure as necessary. 
Finally, regarding the third issue, the comments primarily concerned 
clerical, typographical, and other minor issues present in the existing 
and proposed test procedures. These issues are discussed in greater 
detail below.
1. Vented Home Heating Equipment Employing Condensing Technology
    DOE considered the possibility of minimizing the test burden by 
reducing the time required for measuring condensate mass during steady-
state conditions. The test procedure section 3.8.1 requires that the 
measurement of condensate shall be conducted during the thirty-minute 
period after steady-state conditions have been established.
    DOE received comments from four interested parties regarding the 
order of the condensate collection test procedures for vented home 
heating equipment. Comments from AHRI, ECS, Intertek, and NRDC were 
generally in favor of amending the test procedure to account for 
condensing technology, as the technology results in lower energy use. 
AHRI and Intertek both questioned the need for separate condensation 
testing as opposed to combining the testing with current steady-state 
testing to decrease the test burden. (ECS, No. 7 at p.1; NRDC, No. 10 
at p.1; Intertek, Public Meeting Transcript, No. 6 at p. 14; AHRI, No. 
9 at p.1)
    In order to reduce test burden, DOE allows for the measurement of 
condensate during the establishment of the steady-state conditions (10 
CFR part 430, subpart B, App. O, section 3.8.1) rather than after 
establishing steady-state conditions (10 CFR part 430, subpart B, App. 
O, section 3.1). DOE investigated the difference in condensate mass 
collected and the rate of condensate production during the two separate 
periods (i.e., during the establishment of steady-state conditions and 
once steady-state conditions have been reached). Based on the 
comparison of the measurements, DOE has determined that there is no 
significant difference in the mass of condensate collected or the rate 
of condensate production during the two separate periods. Therefore, 
DOE concurs with AHRI and Intertek's comments that the condensation 
collection may be performed during the steady-state test.
    Accordingly, DOE adopts provisions that allow for performance of 
the steady-state condensate collection test set forth in section 3.8.1 
during the steady-state test set out in section 3.1 of the test 
procedure. DOE amends Appendix O by adding section 3.8.1 to allow the 
option for condensate measurements either concurrently with or 
immediately after completion of the steady-state test.
    AHRI commented that the margin of error for a measurement of 
condensate mass (MC,SS) should not be more than 0.5 percent and that section 2 of the existing test procedure 
should be modified to include this language. (AHRI, No.9 at p.1) DOE 
agrees with the comment from AHRI as this margin of error for the 
measurement of condensate mass is consistent with the margin of error 
provided in the residential furnace and boiler test procedures. DOE is 
using the language from section 6.6 of ASHRAE 103-2007 for this 
clarification. DOE placed this phrasing in section 3.8.1 of the new 
test procedure instead of in section 2.
    Empire Comfort Systems and AHRI commented that there is no guidance 
in the existing test procedure specifying the mode in which to test 
units, especially condensing units, shipped with multiple control 
modes. Further, AHRI recommended that DOE add a provision specifying 
that models that provide consumers with the capability to operate the 
heater in more than one mode should be tested using the mode that 
represents the least efficient operation. AHRI specifically mentioned 
the need for clarification when a unit has a manual mode and a 
thermostat-controlled, step-modulating mode and stated that the 
selection of the operational mode for testing affects the AFUE rating. 
(AHRI, No.9 at p.3; ECS, No. 7 p.2; ECS, Public Meeting Transcript, No. 
6, p.18-19)
    DOE agrees that a clarification is necessary regarding in which 
control mode to test when multiple options are present, particularly 
when a unit is capable of both automatic and manual modes. Automatic 
mode indicates that the unit has thermostat control and operates using 
single-stage, two-stage, or step-modulating controls. In manual mode 
the unit is controlled by the user. Because these appliances are most 
often operated in automatic mode when both automatic and manual are 
available, DOE is requiring units capable of both automatic and manual 
control to be tested according to the provisions in the test procedure 
for units with automatic mode. DOE added section 2.11 to the test 
procedure to implement this change.
    ECS and AHRI submitted comments in favor of adopting the ASHRAE 103 
methodology to determine a default flue gas draft factor 
(DF) value for condensing units with no off period flue 
losses. This method provides the option of testing or assigning a 
default draft factor of 0.05. (AHRI, No.9 at p.1; ECS, No. 7 at p.1)
    DOE agrees to include the option of testing or assigning a default 
value for the draft factor for units with no measureable off period 
flue losses. Adopting this provision is in line with the general intent 
of adopting ASHRAE103-2007 methodologies when appropriate. It also 
reduces the testing burden by allowing the use of a default factor of 
0.05 in some cases.
    DOE incorporates a test method based on the use of a smoke stick 
device to establish the absence of flow through the heat exchanger of 
vented home heating equipment designed with no measurable airflow 
through the heat exchanger. This test is used only to determine whether 
the use of the default draft factor is appropriate (per sections

[[Page 796]]

8.8.3 and 9.10 of ASHRAE 103-2007). This test is not intended to 
determine the volume of air moving through the heat exchanger. If the 
test confirms the absence of airflow, then the default draft factor of 
0.05 may be used. If the test results indicate the presence of airflow, 
then the draft factor must be determined either through testing or as 
specified in Table 1 of 10 CFR part 430, subpart B, Appendix O. DOE has 
implemented these changes by adding sections 3.6.1 and 3.6.2 to the 
existing test procedure and modifying sections 4.1.2 and 4.5.2 of the 
existing test procedure by incorporating certain provisions from 
sections 8.8.3 and 9.10 of ASHRAE 103-2007.
2. Updating of Industry Reference Standards
    ASHRAE commented in favor of the DOE proposal to include by 
reference ASHRAE 103-2007, as this standard best represents collective 
industry knowledge and best practices. (ASHRAE, No. 5 at p.1) Because 
all ASHRAE103-1993 sections referenced in this test procedure are 
identical to the 2007 version, DOE is incorporating those sections from 
the ASHRAE 103-2007 in the final rule in order to reference the most 
current version of the standard.
    AHRI commented against the proposed change to section 2.1.3 of the 
test procedure, which would reference 37.1.1 of UL 896 for installing 
vented room heaters, because this reference is a standard for oil-fired 
heaters and makes no improvement to the current test procedure. AHRI 
stated the current language to use manufacturer's instructions is more 
appropriate for the overall body of units tested. This approach 
reflects the variety of oil- and gas-fired appliances and the nature of 
the testing conducted. (AHRI, No. 9 at p.2; AHRI, Public Meeting 
Transcript, No. 6 at p.21) DOE agrees that this reference change should 
not be adopted, but is adopting slight modifications to section 2.1.3 
to provide that the unit under test must be installed in accordance 
with the manufacturer's installation and operations (I&O) manual 
provided with the unit.
    AHRI commented against the proposed change to section 2.3.3 of the 
existing test procedure, which would reference Table 1 of ASHRAE 103-
2007 instead of section 2.2, Table VII, of ANSI Standard Z21.11.1-1974. 
AHRI proposed instead to reference Table IV of ANSI Z21.86. AHRI's 
reasoning is that the Z21 series of safety standards are the source 
documents for general specifications on gases used during the testing 
of gas-fired appliances, including Table 1 of ASHRAE 103-1993, which 
comes from Table XI in ANSI Z21.47. (AHRI, No. 9 at p.2) DOE agrees 
with this proposal since Z21.86has the advantages AHRI has mentioned. 
The reference in section 2.1.3 of the final rule is changed to Table IV 
of ANSI Z21.86.
    DOE implements a number of additional changes in this final rule. 
In most cases, these changes consist of updating incorporations by 
reference to a more current version of industry standards. These 
updates allow for new users of the test procedures to execute the DOE 
test procedures without depending on outdated standards, which may be 
difficult to obtain.
    In some cases, an update incorporates by reference a standard that, 
in its more current version, includes several of the standards that are 
incorporated by reference in the existing test procedure and used to be 
published separately, but are now combined under a new title. One such 
case is the standard that includes the ANSI standards for wall 
furnaces, floor furnaces, and room heaters, which were once separate 
standards but are now combined into a single standard. This new 
standard is titled, ``Vented Gas-Fired Space Heating Appliances'' and 
is referred to as ``ANSI Z21.86'' in this final rule. DOE is 
incorporating by reference ANSI Z21.86-2008 to specify the testing 
procedures related to circulating air adjustments, found in section 2.5 
of the revised DOE test procedure, and location of temperature 
measuring instrumentation, found in section 2.6.1. In addition, DOE 
incorporates by reference ANSI Z21.86 to specify the installation 
instructions for direct vent (section 6.1.3 and figure 6) and non-
direct vent (section 8.1.3 and figure 7 or figure 10) wall furnaces. 
ANSI Z21.86 does not include installation specifications for vented 
room heaters and vented floor furnaces. Accordingly, as discussed 
previously, for vented room heaters the manufacturer's recommendations 
as described in the installation and operations (I&O) manual provided 
with the units must be used for installation. For vented floor 
furnaces, the requirement in section 2.1.2 of the current test 
procedure to install vented floor furnaces for testing as specified in 
sections 35.1 through 35.5 of UL-729-1976 remains materially unchanged; 
the updated UL test methods are the same as those in the existing test 
procedure and reflect the specific installation requirements of each 
appliance. Although the UL standards typically are used for oil-fired 
equipment and the ANSI standards typically are used for gas-fired 
equipment, in the existing DOE test procedure, where there is no 
distinction between installation provisions, the UL standards are cited 
in application to both gas and oil floor furnaces (i.e., section 
2.1.2).
    DOE incorporates by reference ASHRAE 103-2007 in three locations 
within the revised test procedure--sections 2.3 Fuel supply, 2.4 Burner 
adjustments, and 3.2 Jacket loss measurement--in lieu of three older 
standards incorporated by reference in the existing test procedure. DOE 
is updating these references to ASHRAE 103-2007 because this standard 
incorporates industry consensus without the need to depend on other 
references. It is not materially different from the test method used in 
the current vented home heating equipment test procedure (i.e., the 
AFUE test method). All referenced industry standards are listed in 10 
CFR 430.3, Materials incorporated by reference. DOE concludes that 
these changes and updates to materials incorporated by reference will 
neither result in material differences in test results nor increase 
test procedure burden.
    The following is a list of the shorthand titles and full titles of 
all the referenced standards used in the existing test procedure and 
those used in this vented home heating equipment test procedure.
    Standards Used in the Existing Test Procedures for Vented Home 
Heating Equipment:
    ``ANSI Standard Z21.11.1-1974'' means the American National 
Standard for Gas-Fired Room Heaters.
    ``ANSI Standard Z21.44-1973'' means the American National Standard 
for Gas-Fired Gravity and Fan Type Direct Vent Wall Furnaces.
    ``ANSI Standard Z21.48-1976'' means the American National Standard 
for Gas-Fired Gravity and Fan Type Floor Furnaces.
    ``ANSI Standard Z21.49-1975'' means the American National Standard 
for Gas-Fired Gravity and Fan Type Vented Wall Furnaces.
    ``ANSI Standard Z91.1-1972'' means the American National Standard 
for Performance Standards for Oil-Powered Central Furnaces.
    ``ANSI Standard Z11.182-1965 (R1971) (ASTM D 2156-65 (1970))'' 
means the standard published by the American Society of Testing and 
Materials titled, ``Standard Test Method for Smoke Density in Flue 
Gases from Burning Distillate Fuels.''
    ``UL 729-1976'' means the Underwriters Laboratories standard for 
Oil-Fired Floor Furnaces.

[[Page 797]]

    ``UL 730-1974'' means the Underwriters Laboratories standard for 
Oil-Fired Wall Furnaces.
    ``UL 896-1973'' means the Underwriters Laboratories standard for 
Oil-Burning Stoves.
    Standards Used in the Amended Test Procedure for Vented Home 
Heating Equipment:
    ``ANSI/ASHRAE Standard 103-2007'' means the test standard published 
by the American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers titled, ``Method of Test for Annual Fuel Utilization 
Efficiency of Residential Central Furnaces and Boilers.''
    ``ANSI Z21.86-2008'' means the standard published by the American 
National Standards Institute titled, ``Vented Gas-Fired Space Heating 
Appliances.''
    ``ASTM D2156-09'' means the standard published by the American 
Society of Testing and Materials titled, ``Standard Test Method for 
Smoke Density in Flue Gases from Burning Distillate Fuels.''
    ``UL 729-2003'' means the test standard published by the 
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Fired Floor Furnaces.''
    ``UL 730-2003'' means the test standard published by the 
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Fired Wall Furnaces.''
3. Other Issues
    AHRI and ECS commented on three typographical errors. First, in the 
October 2013 NOPR, the denominator of the equation for LC,SS 
in section 4.1.6.2 and the denominator of the equation for 
LC in section 4.1.6.4 were supposed to read ``1053.3'' but 
instead read ``1053'' and the missing ``.3'' was erroneously placed at 
the end of the equation. Second, the variable CT* had been 
replaced with the number ``100'' in the MS,OFF and 
MF,OFF equations in 4.3.3 and 4.5.1in the existing test 
procedure. Finally, values for DS for system numbers 9 
through 12 were omitted in Table 1 from the existing test procedure. 
(AHRI, No.9 at p.2; AHRI, Public Meeting Transcript, No. 6, p.27; ECS, 
No. 7 p.1-2; ECS Public Meeting Transcript, No. 6, p.17) DOE recognizes 
the errors as clerical. DOE found that the first error resulted from 
the conversion to publishing format and that the error is not present 
in the original document. DOE has corrected this error and to prevent 
future errors, DOE will submit equations as images and request the 
printing office review the document before publication. Regarding the 
second error, although CT* equals 100 when the tracer gas is 
a single component gas, this is not always the case. Thus, DOE agrees 
that the ``100'' term should be ``CT*'' to account for 
instances when the tracer gas is not a single component gas. DOE notes 
that this is consistent with the text following the equation. Regarding 
the third error, there is no value given for DS for system 
numbers 9 through 12 as these systems are direct vent systems to which 
DS does not apply. The value is intentionally omitted from 
subsequent calculations and has been changed to ``0'' for clarity.
    ECS commented that the ANSI Z21.86, incorporated by reference in 
the revised test procedure, does not provide detailed information about 
the appropriate positioning of thermocouple(s) for measuring the flue 
exhaust temperature. (ECS, No. 7 p.1; ECS, Public Meeting Transcript, 
No. 6, p.22) DOE disagrees. These details are in section 2.6 of the 
existing test procedure.
    ECS and AHRI submitted comments in favor of DOE's proposal to 
include the option to set a jacket loss value for vented floor furnaces 
at a default of one percent in lieu of testing. (AHRI, No.9 at p.2; 
ECS, No. 7 p.1) DOE is generally in favor of simplifying the test 
procedure where results would not be affected. In this case, DOE's 
testing revealed an average jacket loss of 3.05 percent with a standard 
deviation of 0.45 percent. DOE concluded from this testing that the 
proposed default jacket loss value of one percent for vented floor 
furnaces, while consistent with industry practices for other equipment, 
is too low for this product. However, adopting a higher default jacket 
loss value would significantly affect AFUE. Therefore, DOE does not 
introduce an optional default jacket loss value for vented floor 
furnaces and continues to require testing as described in section 3.2 
of the existing test procedure.
    Intertek and AHRI submitted comments in favor of removing the 
requirement to install simulated walls and floors for performance 
testing of floor furnaces. The comments argue that these requirements 
are driven by safety concerns and have no effect on the efficiency 
ratings, so removing the requirement will reduce test burden. (AHRI, 
Public Meeting Transcript, No. 6, p.23-25; Intertek Public Meeting 
Transcript, No. 6, p.23-25) DOE rejects this suggestion primarily 
because DOE has no data to confirm that the performance testing is not 
affected by the added walls and floors. Furthermore, in DOE's view, any 
decrease in test burden resulting from elimination of this requirement 
would be minimal. Manufacturers are already required to install these 
simulated floors and walls during safety testing. As a result, any 
decrease in test burden would affect only a small group of independent 
laboratories, if any, that only conduct performance testing and thus 
may not have an existing setup. Therefore, DOE is retaining these 
requirements in the test procedure.
    DOE corrected other typographical errors that are present in the 
existing test procedure. In the equation in section 4.3.6 of appendix 
O, DOE has (1) added a missing minus (``-'') sign immediately to the 
right of the ``CjLj''; (2) replaced the plus 
(``+'') sign between the two bracketed parts of the equation with a 
multiplication (``X'') symbol; and (3) replaced the second 
``Ls,OFF'' in the second bracketed part of the equation with 
``LI,OFF''. In section 4.1.15, DOE corrects ``equFipped'' to 
read ``equipped'' and corrects ``therostats'' to read ``thermostats.'' 
In section 4.1.8, DOE corrects ``drafthood'' to read ``draft hood.'' 
These and other typographical errors have been corrected in this final 
rule document. These errors are obviously typographical in nature, 
because similar efficiency equations in other parts of the test 
procedure, as well as those used in industry standards, do not include 
these errors. The relevant industry groups have determined the correct 
format of this equation since its adoption and have been utilizing the 
correct format when testing and rating product efficiency.
    Another issue that was identified during DOE's review is the lack 
of a defining equation in the calculation procedures for manually 
controlled vented heaters in section 4.2.4 of the existing test 
procedure. To correct this omission, DOE adds an equation describing 
the weighted average steady-state efficiency ([eta]SS-WT) in 
terms of the latent and sensible losses to section 4.2.4.1.
    DOE identified several additional sections of the existing test 
procedure that require clarification. Section 2.9 states, ``maintain 
the room temperature within  5[emsp14][deg]F (2.8[deg]C) of the value TRA measured during the 
steady-state performance test.'' However, while section 3.1.1 and 3.1.2 
explain to establish steady state using three successive readings of 
the stack or flue gas temperature taken 15 minutes apart, it does not 
indicate at what time the variable TRA is established (or 
whether it is an average). DOE clarifies that while the room 
temperature must be continuously monitored in order to meet the 
conditions specified in section 2.9, TRA is to be measured 
in coincidence with the third of the three successive 15-minute 
interval readings of the stack or flue gas temperatures

[[Page 798]]

taken during the steady-state tests (sections 3.1.1 and 3.1.2). 
Likewise, the measurement of additional variables (TS,SS, 
XCO2S, TF,SS, XCO2F) described in 
section 3.1 are to coincide with the third of these three successive 
15-minute interval readings.
    DOE also identified that the requirements in section 2.9 for 
combustion air and draft relief air temperatures require clarification. 
Section 2.9 states that the ``temperature of the air for combustion and 
the air for draft relief shall not differ more than  
5[emsp14][deg]F from room temperature as measured above.'' DOE 
clarifies that this means these temperatures shall not differ more than 
 5[emsp14][deg]F from the room ambient temperature at any 
point in time; it does not mean  5[emsp14][deg]F with 
respect to the measurement TRA. DOE also clarifies that this 
requirement for the combustion air does not apply during the cool-down 
tests of sections 3.3 and 3.6. These tests are conducted during shut-
down of the unit, when maintaining requirements for combustion air 
temperatures are unnecessary.
    DOE clarifies in sections 4.1.2 and 4.1.3 that the flue and stack 
draft factors may be obtained through the test method and calculations 
in sections 3.6 and 4.5, respectively, or by using the appropriate 
default factors from Table 1.
    The final issue identified by DOE was to clarify the applicability 
of the testing and calculation method in sections 3.3 and 4.3 (tracer 
gas method) for units without a thermal stack damper. The test 
procedure currently prescribes that units without thermal stack dampers 
be rated using the calculation method in section 4.1 or 4.2 depending 
on the control type. Section 4.3 incorrectly states that as an optional 
procedure all vented heaters without thermal stack dampers can elect to 
use the AFUE calculation method described in 4.3.
    DOE reviewed the use of the tracer gas method as described in 4.3 
for units without thermal stack dampers. DOE believes manufacturers do 
not use the tracer gas method to test units without thermal stack 
dampers and do not use such testing results to calculate the AFUE for 
such units. In previous rulemakings for vented home heating equipment, 
DOE did not receive public comments regarding the applicability of 
section 4.3, and DOE has not received waiver requests that would 
indicate that there are any instances in which the calculation methods 
of 4.1 cannot be used for units without thermal stack dampers, 
suggesting that an alternative test method is unnecessary for these 
units.
    DOE performed testing on several representative units to determine 
the applicability of sections 4.1, 4.2, and 4.3 to units with and 
without stack dampers. The AFUE values were generated twice for each 
unit, once using the results from the tracer gas method, and once using 
the calculation method in 4.1 (for units equipped without manual 
controls or thermal stack dampers) or 4.2 (for models equipped with 
manual controls). The results are presented in Table 3.1 below and show 
an average 2.6 percent higher AFUE when using the tracer gas method in 
section 4.3 as opposed to the calculation method in 4.1.

 Table 3.1--Difference in AFUE in Units of Vented Home Heating Equipment
         When Tested Using Tracer Gas Method and Standard Method
------------------------------------------------------------------------
                                                           Difference in
                                                               AFUE
------------------------------------------------------------------------
Unit A..................................................             3.3
Unit B..................................................             3.2
Unit C..................................................             1.2
------------------------------------------------------------------------

    The sign of the AFUE change is consistent with the operation of the 
system with the stack damper removed or forced open because the flue 
gases would more freely move with the damper open resulting in higher 
loss. This fundamental design difference along with the differences in 
AFUE values from the testing show that the calculation methods are not 
equivalent and so only one should be allowed for each design.
    Further, 10 CFR 430.23, Test procedures for the measurement of 
energy and water consumption, states clearly that the tracer gas 
calculation method in section 4.3 applies to ``vented heaters equipped 
with thermal stack dampers,'' and that section 4.1 applies to vented 
heaters ``without either manual controls or thermal stack dampers.'' 
Thus, DOE considers this a clarification of, rather than a modification 
to, the current test procedure.
    For the reasons described previously, DOE clarifies that the 
optional use of the tracer gas method does not apply to units without 
thermal stack dampers. DOE has determined this clarification will not 
impose any additional burden on manufacturers, since units without 
thermal stack dampers are already commonly rated using the calculation 
method in 4.1 or 4.2. Moreover, DOE has determined that disallowing the 
tracer gas method for units without thermal stack dampers will not 
affect efficiency ratings, since it is highly unlikely that 
manufacturers have rated units without thermal stack dampers using the 
tracer gas test method previously.

D. Test Procedure for Pool Heaters

    DOE's existing test procedure for pool heaters is found at 10 CFR 
430.23(p) and 10 CFR part 430, subpart B, appendix P (existing test 
procedure).
    In its definition of ``efficiency descriptor,'' EPCA specifies that 
for pool heaters, the efficiency descriptor shall be ``thermal 
efficiency'' (42 U.S.C. 6291(22)(E)). Current energy conservation 
standards for pool heaters do not account for standby mode and off mode 
energy use. As part of a recent test procedure rulemaking, DOE 
prescribed a new efficiency metric for pool heaters, titled 
``integrated thermal efficiency.'' 77 FR 74559 (Dec. 17, 2012). This 
prescribed integrated thermal efficiency (TEI) metric builds 
on the existing thermal efficiency metric to include electrical energy 
consumption during standby mode and off mode operation, as required by 
EISA 2007. (42 U.S C. 6295(gg)(2)(A))
    Because certain types of pool heaters are powered by energy sources 
other than gas, DOE requested comments in the October 2011 RFI 
regarding the appropriateness of prescribing the currently incorporated 
ANSI Z21.56 test method, titled ``Gas-Fired Pool Heaters,'' for testing 
pool heaters that operate with electricity (including electric heat 
pump pool heaters) or oil. 76 FR 63211, 63215-16 (Oct. 12, 2011). In 
the October 2011 RFI, DOE tentatively concluded that the test procedure 
for pool heaters at 10 CFR part 430, subpart B, appendix P already 
contains provisions to allow the ANSI Z21.56 test method to be applied 
to oil-fired pool heaters, and, therefore, no further action is 
necessary for those products. DOE received no comments that were 
contrary to this conclusion.
    Prior to the October 2011 RFI, in a December 2009 NOPR for energy 
conservation standards for heating products, DOE concluded that, as 
currently drafted, the DOE test procedure for pool heaters is not 
suitable for measuring energy efficiency for electric pool heaters 
(including electric heat pump pool heaters). 74 FR 65852, 65866-67 
(Dec. 11, 2009). In the October 2011 RFI, DOE noted that for electric 
pool heaters (including those units using electric heat pump 
technology), the fuel source is electricity (measured in watts) instead 
of gas (measured in Btu/h), but ``thermal efficiency,'' as required 
under EPCA and determined using ANSI Z21.56, is a

[[Page 799]]

measure of heat delivered to the water at the heater outlet (in Btu/h) 
divided by the heat input (in Btu/h) of the fuel. 76 FR 63211, 63215 16 
(Oct. 12, 2011). It is technologically feasible to develop an 
integrated thermal efficiency rating for an electric heat pump pool 
heater by converting the power input in watts to the input in Btu/h 
(which can be done for both the power used during active mode and the 
power used during standby mode and off mode).
    Currently, electric heat pumps for space heating are typically 
rated using industry standards for coefficient of performance (COP). 
DOE notes that when an integrated thermal efficiency metric as 
described above is applied to electric heat pump pool heaters, the 
calculated results are efficiency ratings of more than 100 percent. 
This may necessitate some reeducation among consumers to alleviate any 
confusion resulting from changing labeling from COP to integrated 
thermal efficiency. Furthermore, the test procedure still includes 
provisions for calculating heat pump pool heater COP. Another 
consideration for electric heat pump pool heaters is that performance 
depends upon the ambient temperature and humidity, so environmental 
conditions for testing are much more important for electric heat pump 
pool heaters than for gas-fired pool heaters, oil-fired pool heaters, 
or electric resistance pool heaters.
    In response to the October 2013 NOPR and during the December 2013 
public meeting, DOE received comments from four interested parties 
(Raypak, AHRI, NRDC, and CWTO). The comments focused primarily on the 
inclusion of electric resistance and electric heat pump pool heaters 
into the pool heater test procedure. The main issues of concern stem 
from implementing common metrics over all pool heater types. More 
specifically, the base operating hours, efficiency metrics, and 
different features of electric resistance and electric heat pump pool 
heaters as compared to traditional gas fired pool heaters drew comments 
and discussion.
1. Electric Pool Heaters
    AHRI commented that the nomenclature in the proposed subsection 
1.6, `Hybrid Pool Heater,' in which the term `hybrid' refers to a 
combination gas and electric pool heater, may cause confusion because 
hybrid is already used to refer to an electric heat pump for other 
product classes. (AHRI, Public Meeting Transcript, No. 6 at p. 33-34) 
DOE found that the term hybrid most commonly refers to pool heaters 
that use solar energy in conjunction with a traditional gas or electric 
pool heater. In addition, certain electric heat pump pool heaters and 
combination electric heat pump and electric resistance heating pool 
heaters are referred to as hybrid heat pumps. DOE reviewed this issue 
and found that appliances that used the term hybrid or a variant of it 
have relatively low market penetration. Furthermore, other appliances 
that use the term ``hybrid,'' or a variant of it, generally have an 
additional qualifier such as ``hybrid solar pool heater'' or ``hybrid 
heat pump.'' Given that gas pool heaters and electric heat pump pool 
heaters comprise the large majority of pool heaters today, DOE believes 
that `hybrid pool heater' is an intuitive name for a pool heater that 
combines the functionality of gas and electric heat pump pool heaters. 
Therefore, DOE is adopting this nomenclature.
    In response to DOE's proposal to introduce the integrated thermal 
efficiency metric as an efficiency descriptor for pool heaters, Raypak 
commented that implementing a new metric has the potential to confuse 
customers and will create a significant burden on pool heater 
manufacturers, which are primarily small business entities. In 
addition, Raypak commented that thermal efficiency does not address 
energy prices. (Raypak, No. 8 at pp. 1-2)
    DOE believes that the confusion to customers caused by the 
introduction of the new integrated thermal efficiency metric should be 
minimal, as other parameters such as COP can continue to be used in the 
manufacturers' literature if such parameters are determined pursuant to 
the applicable DOE test procedure. DOE does not believe that 
implementing the integrated thermal efficiency metric represents an 
undue burden on manufacturers. The integrated thermal efficiency metric 
incorporates the COP as determined by the current industry standard 
AHRI 1160 and therefore changes in test set-up or methods will be 
minimal. Also, DOE does not recognize the changes in labeling as unduly 
burdensome. DOE agrees that the new integrated thermal efficiency 
metric does not directly address energy price. However, it is DOE's 
intent for this metric to provide information about the unit's 
efficiency, not overall cost to the consumer. Therefore, DOE is not 
incorporating energy price into the integrated thermal efficiency 
metric.
    AHRI and Raypak commented that the current burner operating hour 
(BOH) value of 104 hours is inappropriate for this test procedure as it 
is specific to gas-fired pool heaters. They further state that the 
current BOH value does not apply to heat pump pool heaters because of 
typical industry sizing conventions, which are that gas-fired pool 
heaters have a significantly higher heating capacity than heat pump 
pool heaters sized for the same pool. (AHRI, No. 9 at p. 3; Raypak, No. 
8 at p. 1)
    Regarding the use of an average burner operating hours (BOH) value 
of 104 hours, DOE understands that the output capacity of the pool 
heater is typically selected based on the specific pool 
characteristics, namely pool size (surface area) and the ambient 
conditions.\5\ DOE found that some pool heater sizing conventions list 
similar sizing guidelines for both gas-fired \6\ and electric heat pump 
\7\ pool heaters. Therefore, if a pool heater's output capacity is 
properly selected relative to the pool's load requirement, then the 
actual burner operating time will be similar whether gas-fired or 
electric. Therefore, DOE is not changing the BOH value for electric 
heat pump pool heaters.
---------------------------------------------------------------------------

    \5\ See Dep't of Energy, Heat Pump Swimming Pool Heaters (May 
29, 2012), http://energy.gov/energysaver/articles/heat-pump-swimming-pool-heaters Dep't of Energy, Gas Swimming Pool Heaters 
(June 10, 2014), http://energy.gov/energysaver/articles/gas-swimming-pool-heaters.
    \6\ See In the Swim, Calculating Approximate Heater Size, 
https://www.intheswim.com/landing/whichsizeheater.aspx.
    \7\ See AquaCal, How Can I Size My Swimming Pool Heat Pump? 
(July 22, 2013), http://www.aquacal.com/blog/post/127-How-Can-I-Size-My-Swimming-Pool-Heat-Pump-.
---------------------------------------------------------------------------

    AHRI commented that the integrated thermal efficiency metric is not 
appropriate for many reasons, including, primarily, that standby mode 
and off mode energy consumption in pool heaters provides no heating 
benefit and distorts the relevance of thermal efficiency ratings. AHRI 
also provided potential alternatives, such as using heating seasonal 
efficiency (EFFYHS) or simply modifying the existing average 
annual electrical energy consumption (EAE) calculation. 
(AHRI, No. 9 at pp. 5-6)
    EPCA requires DOE to include the standby energy consumption in the 
existing metrics unless ``such an integrated test procedure is 
technically infeasible.'' (42 U.S.C. 6295(gg)(2)(A)) Previous test 
procedures also accounted for the standby energy consumption for pool 
heaters with continuous pilot lights in the EFFYHS term. 
However, EFFYHS is not appropriate as a naming convention 
for the new metric because it is specific to the heating season and the 
new metric also includes non-heating season effects.
    AHRI's suggestion to modify the EAE calculation is 
consistent with the test procedure in this final rule. The standby

[[Page 800]]

and off mode electrical energy is accounted for in 
EAE,Standby,off, which is a component of EAE. 
However, EAE does not include fuel energy consumption and is 
therefore not a comprehensive energy efficiency metric for all pool 
heaters. The TEI metric is a more complete representation of 
the energy efficiency of pool heaters because it includes both fuel and 
electricity energy consumption.
    AHRI also commented that the new integrated thermal efficiency 
metric cannot be used for sizing. (AHRI, No. 9 at pp. 3-6) DOE agrees 
that pool heaters should not be sized based on integrated thermal 
efficiency. Instead, pool heaters should be sized based on the pool 
heater capacity and the thermal efficiency (ET), which is 
part of this test procedure, and can continue to be used for sizing. 
DOE also points out that the industry can use thermal efficiency in 
addition to integrated thermal efficiency when communicating marketing 
and sizing information to consumers.
    AHRI further commented that prescribing TEI as the new 
energy efficiency metric will impose an enormous and needless burden on 
manufacturers and disrupt the marketplace. (AHRI, No. 9 at pp. 3-6) DOE 
believes that the additional testing burdens of measuring standby are 
minimal. Specifically, the test procedure specifies monitoring the 
standby energy consumption for an additional 60 minutes using the 
existing set-up for other parts of the test procedures. In addition, 
AHRI commented that they recognize the 2007 amendments to EPCA allow 
DOE latitude and discretion to prescribe a separate test procedure to 
determine standby mode and off mode energy use, as well as a separate 
energy conservation standard for standby mode and off mode energy 
consumption. AHRI further interprets this to mean there is no mandate 
that DOE must integrate the standby and off mode consumption into the 
thermal efficiency, citing Sections 325(gg)(3)(B) and Subsection 
325(gg)(2)(A)(ii). Lastly, AHRI suggested the possibility of using an 
annual consumption metric as a replacement for thermal efficiency. 
(AHRI, No. 9 at p. 5)
    DOE reviewed this issue and reaffirms that in its definition of 
``efficiency descriptor,'' EPCA specifies that the efficiency 
descriptor for pool heaters shall be ``thermal efficiency.'' (42 U.S.C. 
6291(22)(E)) EPCA requires DOE to include the standby energy 
consumption in the existing metrics unless ``such an integrated test 
procedure is technically infeasible.'' (42 U.S.C. 6295(gg)(2)(A)) DOE 
has the option to create a separate standard for standby and off mode 
consumption only if incorporation into a standard is ``not feasible.'' 
(42 U.S.C. 6295(gg)(3)(B)) In the case of pool heaters, DOE determined 
that it is technically feasible to measure standby and off mode 
consumption and incorporate those measurements into the thermal 
efficiency metric.
    CWTO submitted two comments that concern the inclusion of 
electrical power (PE) in the seasonal useful output (EOUT) 
equation. CWTO questioned applying thermal efficiency to rated fuel 
input capacity and electrical power in section 5.4.3 of the pool heater 
test procedure. CWTO stated that if EOUT was only based on 
absorbed heat it would be more intuitive. (CWTO, No 11 at p.3) It is 
DOE's position that for all pool heaters, contrary to some other 
appliances, the electrical components in active mode provide useful 
energy that justifies including them into that equation in addition to 
the more familiar QIN. This is true for both gas-fired and 
electric pool heaters. In addition, because these components are 
present and active during thermal efficiency testing, including their 
energy use in the overall integrated thermal efficiency is necessary. 
This formulation also allows for the integration of standby and off 
mode energy consumption into the metric. Finally, this formulation 
applies equally to gas-fired, oil-fired, electric resistance, and 
electric heat pump pool heaters.
    Through this final rule, DOE adds test methods that apply to 
electric heat pump and electric resistance pool heaters. DOE amends its 
pool heater test procedure by adding a test method for electric heat 
pump pool heaters that references AHRI Standard 1160-2009, 
``Performance Rating of Heat Pump Pool Heaters,'' and ANSI/ASHRAE 
Standard 146-2011, ``Method of Testing and Rating Pool Heaters.'' In 
addition, DOE amends its pool heater test procedure by adding a test 
method for electric resistance pool heaters that references ASHRAE146. 
DOE concludes that incorporation of these industry test standards is 
appropriate as they represent current best practices for these pool 
heater products.
    Although DOE prescribes amended test procedures in this final rule, 
manufacturers are not required to certify compliance for electric heat 
pump and electric resistance pool heaters until such time as DOE sets 
minimum energy conservation standards for those products (which would 
include energy consumption in active, standby, and off modes). Prior to 
DOE setting energy conservation standards for electric heat pump and 
electric resistance pool heaters, any representations as to the energy 
efficiency or energy use of those products made after 180 days after 
the publication of this test procedure final rule must be based on this 
amended test procedure. Manufacturers of electric heat pump pool 
heaters may use the COP metric as measured by the DOE test procedure 
being adopted in this final rule in addition to the integrated thermal 
efficiency metric for making efficiency representations.
2. Other Issues
    In addition to the changes for electric pool heaters described in 
the previous section, DOE also clarifies that the DOE test procedure is 
applicable to oil-fired pool heaters, despite the incorporation of a 
test method (ANSI Z21.56) titled ``Gas-Fired Pool Heaters.'' Section 
4.1.1 of that test method contains a provision to compute the energy 
used when oil is the fuel, as opposed to natural gas. In addition, DOE 
is clarifying the definition of the equilibrium term used in the active 
mode thermal efficiency testing. This clarification has been inserted 
into section 2.1 of existing test procedure, as listed in the 
regulatory text. Finally, DOE has added clarifications regarding burner 
input rate error, equilibrium conditions, water temperature rise, 
seasonal off switch, and recirculating pump to the existing test 
procedure as listed in the regulatory text.

E. Compliance With Other EPCA Requirements

    As mentioned in the preamble at section II, in amending a test 
procedure, EPCA directs DOE to determine to what extent, if any, the 
amended test procedure would alter the measured energy efficiency or 
measured energy use of a covered product as determined under the 
current test procedure. (42 U.S.C. 6293(e)(1)) The current energy 
conservation standards for vented home heating equipment and pool 
heaters are based on existing test procedure efficiency metrics--AFUE 
and thermal efficiency (Et), respectively.
    The test procedure amendments for vented home heating equipment in 
this final rule do not contain changes that will alter the measured 
energy efficiency of equipment. Rather, the changes represent either 
clarifications that would improve the uniform application of the test 
procedures for certain product types or provisions to cover new product 
types. Any change in the reported efficiency of currently covered 
products that might be associated with these clarifications is expected 
to be de minimis.

[[Page 801]]

    Consistent with 42 U.S.C. 6293(c), any representations of energy 
consumption of vented home heating equipment must be based on any final 
amended test procedures no later than 180 days after the publication of 
the test procedure final rule in the Federal Register. Until that time, 
manufacturers must make such representations based either on the final 
amended test procedure or on the previous test procedure, set forth at 
10 CFR part 430, subpart B, appendix O as contained in 10 CFR parts 200 
to 499 edition revised as of January 1, 2014. Consistent with 42 U.S.C. 
6291(8), representations of energy consumption includes representations 
regarding the measures of energy use (including, for this product, 
active mode, standby mode, and off mode energy use), annual operating 
cost, energy efficiency (including, for this product, AFUE), or other 
measure of energy consumption. DOE notes that manufacturers must use 
the same test procedure for all representations of energy efficiency, 
including certifications of compliance.
    This final rule does not include any changes to the current standby 
mode and off mode testing procedures and calculations for vented home 
heating equipment as established in the December 2012 final rule. 77 FR 
74559 (Dec. 17, 2012). Although fossil fuel standby mode and off mode 
energy consumption were already captured in the existing AFUE metric, 
the December 2012 final rule required manufacturers to use the new test 
procedures for determining electrical standby mode and off mode energy 
consumption in Appendix O beginning on June 17, 2013. Certifications of 
compliance with the electrical standby mode and off mode energy 
consumption standards are not required until the compliance date of DOE 
standards that include electrical standby mode and off mode energy 
consumption.
    The test procedure amendments in this final rule for pool heaters 
do not alter the measured efficiency of equipment covered by the 
existing test procedure. This final rule provides a new test method for 
electric resistance and electric heat pump pool heaters. However, 
electric resistance and electric heat pump pool heaters are not 
currently subject to energy conservation standards by DOE. Therefore, 
DOE has concluded that there is no need to address the impact of these 
amendments on current energy conservation standards for pool heaters.
    Consistent with 42 U.S.C. 6293(c), any representations of energy 
consumption of pool heaters must be based on any final amended 
procedures and calculations in appendix P starting 180 days after the 
publication of any final amended test procedures in the Federal 
Register. Until that time, manufacturers of gas-fired and oil-fired 
pool heaters may make such representations based either on the final 
amended test procedures or on the previous test procedures, set forth 
at 10 CFR part 430, subpart B, appendix P as contained in the 10 CFR 
parts 200 to 499 edition revised as of January 1, 2014. Consistent with 
42 U.S.C. 6291(8), representations of energy consumption include 
representations of measures of energy use (including for this product, 
active mode, standby mode, and off mode energy use), annual operating 
cost, energy efficiency (including for this product, thermal efficiency 
(Et), or integrated thermal efficiency (TEI)), or 
other measure of energy consumption. Again, DOE notes that 
manufacturers must use the same test procedure for all representations 
of energy efficiency, including certifications of compliance.
    There are currently no energy conservation standards for electric 
resistance pool heaters, electric heat pump pool heaters, or oil-fired 
pool heaters. Upon the compliance date of any final energy conservation 
standards for these types of pool heaters, use of any final test 
procedures in appendix P will be required to demonstrate compliance. 
There are also currently no energy conservation standards for the 
standby mode and off mode energy use of gas-fired pool heaters. Upon 
the compliance date of any energy conservation standards that 
incorporate standby mode and off mode energy consumption for gas-fired 
pool heaters (i.e., for this product, a standard expressed as 
integrated thermal efficiency (TEI)), use of any final test 
procedures in appendix P will be required to demonstrate compliance.

IV. Procedural Issues and Regulatory Review

A. 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 is 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. Administrative Procedure Act

    Pursuant to the decision in Hearth, Patio & Barbecue Ass'n v. U.S. 
Dep't of Energy, 706 F.3d 499 (D.C. Cir. 2013), DOE removed the 
definition of ``vented hearth heater'' from 10 CFR 430.2 to reflect the 
Court's order vacating the regulatory definition of ``vented hearth 
heater.'' 79 FR 43927 (July 29, 2014). As such, in this final rule, DOE 
is removing the cross references to ``vented hearth heater'' from the 
definition of ``vented home heating equipment'' at 10 CFR 430.2. DOE 
has determined, pursuant to 5 U.S.C. 553(b)(B), that prior notice and 
an opportunity for public comment on this final rule are unnecessary. 
DOE is not exercising any of the discretionary authority that the 
Congress has provided to the Secretary of Energy in EPCA. DOE, 
therefore, finds that good cause exists to waive prior notice and an 
opportunity to comment for this rulemaking.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996) 
requires preparation of an initial regulatory flexibility analysis 
(IFRA) for any rule that by law must be proposed for public comment and 
a final regulatory flexibility analysis (FRFA) for any such rule that 
an agency adopts as a final rule, unless the agency certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities. A regulatory flexibility analysis 
examines the impact of the rule on small entities and considers 
alternative ways of reducing negative effects. Also, as required by 
Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site at: www.energy.gov/gc.
    This final rule amends DOE's test procedures that will be used to 
determine compliance with energy conservation standards for vented home 
heating equipment and pool heaters. For vented home heating equipment, 
the amendments add provisions for testing models that utilize 
condensing technology and incorporate by reference the most appropriate 
or recent versions of several industry standards referenced in the DOE 
test procedure for the purposes of test set-up and installation 
specifications. For pool heaters, the amendments incorporate by 
reference

[[Page 802]]

AHRI 1160 and ASHRAE 146 to establish testing procedures for electric 
(including electric heat pump) pool heaters. The amendments for pool 
heaters also clarify the test procedure's applicability to oil-fired 
pool heaters. DOE reviewed this final rule under the provisions of the 
Regulatory Flexibility Act and the policies and procedures published on 
February 19, 2003. 68 FR 7990.
1. Reasons for, Objectives of, and Legal Basis for the Final Rule
    The reasons for, objectives of, and legal basis for the final rule 
are stated elsewhere in the preamble and are not repeated here.
2. Description and Estimated Number of Small Entities Regulated
    For the manufacturers of the covered products, the Small Business 
Administration (SBA) has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. 65 FR 30836, 30848-49 (May 15, 2000), as amended at 65 FR 53533, 
53544-45 (Sept. 5, 2000) and codified at 13 CFR part 121. The SBA size 
standards are listed by North American Industry Classification System 
(NAICS) code and industry description and are available at http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. Vented home heating equipment and pool heater 
manufacturing are classified under NAICS 333414--``Heating Equipment 
(except Warm Air Furnaces) Manufacturing.'' The SBA sets a threshold of 
500 employees or less for an entity to be considered as a small 
business for both of these categories.\8\
---------------------------------------------------------------------------

    \8\ In the December 2009 NOPR, DOE mistakenly listed gas-fired 
pool heater manufacturing under NAICS code 335228. 74 FR 65852, 
65984 (Dec. 11, 2009). The correct classification for pool heater 
manufacturing is NAICS 333414. Both NAICS categories have the same 
500 employee limit.
---------------------------------------------------------------------------

    To estimate the number of companies that could be small business 
manufacturers of products covered by this rulemaking, DOE conducted a 
market survey using available public information to identify potential 
small manufacturers. DOE's research involved reviewing several industry 
trade association membership directories (e.g., AHRI \9\), product 
databases (e.g., AHRI \10\ and CEC \11\ databases), individual company 
Web sites, and marketing research tools (e.g., Hoovers \12\ reports) to 
create a list of all domestic small business manufacturers of heating 
products covered by this rulemaking. DOE identified 2 manufacturers of 
vented home heating equipment and 5 manufacturers of pool heaters 
(including electric heat pump pool heater manufacturers) that can be 
considered small businesses.
---------------------------------------------------------------------------

    \9\ See http://www.ahrinet.org/ahri+members.aspx.
    \10\ See http://www.ahridirectory.org/ahriDirectory/pages/home.aspx.
    \11\ See http://www.appliances.energy.ca.gov/.
    \12\ See http://www.hoovers.com/.
---------------------------------------------------------------------------

3. Description and Estimate of Compliance Requirements
a. Vented Home Heating Equipment
    DOE amends its test procedure for vented home heating equipment to 
incorporate by reference the most recent or appropriate version of six 
industry standards to replace the outdated standards referenced in the 
existing DOE test procedure as described in section III. C.2. of this 
document. These updates result in no material change to DOE's test 
procedure for vented home heating equipment.
    In addition, DOE amends the test procedure to include a test method 
to determine the AFUE of vented home heating equipment that use 
condensing technology. The AFUE test method may add a modest cost to 
testing for manufacturers of such products. The test can be conducted 
in the same test facility and simultaneous to the former AFUE test 
requirements, but some additional testing and calculation is required 
to accurately determine AFUE. Specifically, this test procedure 
requires a condensate collection test to be conducted on vented heaters 
utilizing condensing technologies. The duration of the condensate 
collection test time would be 30 minutes for steady-state testing, if 
conducted subsequent to all other steady-state testing and 1-2 hours 
for cyclic testing. In some cases, only steady-state testing is 
required (i.e., all manually-controlled vented heaters and those vented 
heaters not utilizing the optional tracer gas procedures). In such 
cases, the condensation test provisions would not require any 
additional time because the test procedure allows for the condensate 
collection to be conducted simultaneously with the other steady-state 
test requirements of section 3.1. Vented home heaters are tested 
utilizing the optional tracer gas procedures and are required to 
conduct both steady-state and cyclic condensate collection procedures. 
DOE estimates that the additional testing for condensing units adds a 
maximum of three hours to the AFUE test. DOE estimates that lab 
technicians on average, are paid at a rate of $27.50 per hour.\13\ 
Therefore, DOE estimates the added cost will be a maximum of $82.50 per 
test unit, which is modest in comparison to the overall cost of product 
development and certification.
---------------------------------------------------------------------------

    \13\ ``Lab Technician Salary.'' Job Search. N.p., n.d. Web. 22 
Aug. 2014. http://www.indeed.com/salary/Lab-Technician.html.
---------------------------------------------------------------------------

b. Pool Heaters
    DOE amends its test procedure for pool heaters to adopt provisions 
for testing electric pool heaters, including electric heat pump pool 
heaters. In addition, DOE amends the test procedure to incorporate by 
reference AHRI 1160 and ASHRAE 146 for both electric resistance and 
electric heat pump pool heaters. These pool heaters are not currently 
regulated by DOE, but DOE's research showed that all identified 
domestic small business manufacturers of electric heat pump pool 
heaters already rate COP and capacity according to the rating 
conditions specified in AHRI 1160 and typically at an additional rating 
point outside of the AHRI 1160 test conditions. In addition, DOE notes 
that ANSI/ASHRAE Standard 90.1-2010 contains efficiency levels for 
electric heat pump pool heaters and specifies AHRI 1160 as the test 
method. Several States (e.g., Florida, California) also have minimum 
efficiency requirements for electric heat pump pool heaters, which is 
another factor that may drive manufacturers to rate their products for 
efficiency. Because manufacturers of electric heat pump pool heaters 
are already rating their products using AHRI 1160 due to the ANSI/
ASHRAE Standard 90.1-2010 requirements and State efficiency 
requirements, DOE does not believe that including an electric heat pump 
pool heater test method that references the industry standard will 
cause significant, if any, additional burden to manufacturers. The 
additional burdens for measuring standby consist of one 60 minute 
period where the electricity use is metered. For a technician making an 
average of $37.50 per hour, this results in an added cost of $37.50, 
which is not significant in comparison to the overall cost of product 
development and certification.
    For electric resistance pool heaters, the test method in ASHRAE 
146--is comparable to that for gas-fired and oil-fired pool heaters in 
the existing DOE test method. Since the new test method in this final 
rule is essentially the same as the existing test method used by the 
industry and incorporated by reference, it is not expected that the new 
rule will add to the burden of manufacturers of electric resistance 
pool heaters.

[[Page 803]]

4. Duplication, Overlap, and Conflict With Other Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with the rule being adopted today.
5. Significant Alternatives to the Rule
    As noted earlier in the preamble, this rule is largely based upon 
the industry testing procedures already in place for vented home 
heating equipment and pool heaters. DOE believes the amendments will be 
useful for both consumers and industry, and are consistent with the 
Department's goals and statutory requirements, while also minimizing 
the economic burden on manufacturers. After a full review of the test 
procedure and comments received from the NOPR and public meeting, DOE 
has incorporated changes to the vented home heating equipment test 
procedure as discussed in section III. and listed in the regulatory 
text, including adding a condensation collection test, adding a test to 
determine default draft factor eligibility, and updating references to 
the most recent or appropriate version. DOE has incorporated changes to 
the pool heater test procedure as listed in the regulatory text 
including adding test provisions for electric resistance and electric 
heat pump pool heaters and incorporating a new metric, integrated 
thermal efficiency, which incorporates standby losses. DOE has 
determined that there is no further need for alternative test methods 
for this test procedure.

D. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of vented home heating equipment and pool heaters 
must certify to DOE that their products comply with all applicable 
energy conservation standards. In certifying compliance, manufacturers 
must test their products according to the DOE test procedures for 
vented home heating equipment and pool heaters, including any 
amendments adopted for those test procedures, on the date that 
compliance is required. DOE has established regulations for the 
certification and recordkeeping requirements for all covered consumer 
products and commercial equipment, including vented home heating 
equipment and pool heaters. 76 FR 12422 (March 7, 2011). The 
collection-of-information requirement for certification and 
recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (PRA). This requirement has been approved by 
OMB under OMB control number 1910-1400. Public reporting burden for the 
certification is estimated to average 30 hours per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

E. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE is amending the test procedure that it 
expects will be used to develop and implement future energy 
conservation standards for vented home heating equipment and pool 
heaters. DOE has determined that this rule falls into a class of 
actions that are categorically excluded from review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's 
implementing regulations at 10 CFR part 1021. Specifically, this final 
rule amends the existing test procedures without affecting the amount, 
quality, or distribution of energy usage, and, therefore, would not 
result in any environmental impacts. Thus, this rulemaking is covered 
by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which 
applies to any rulemaking that interprets or amends an existing rule 
without changing the environmental effect of that rule. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

F. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999), imposes certain requirements on Federal agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States, and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE has examined this 
final rule and has determined that it will 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 this 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)) 
No further action is required by Executive Order 13132.

G. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Regarding the review required by section 3(a), 
section 3(b) of Executive Order 12988 specifically requires that 
Executive agencies make every reasonable effort to ensure that the 
regulation: (1) Clearly specifies the preemptive effect, if any; (2) 
clearly specifies any effect on existing Federal law or regulation; (3) 
provides a clear legal standard for affected conduct while promoting 
simplification and burden reduction; (4) specifies the retroactive 
effect, if any; (5) adequately defines key terms; and (6) addresses 
other important issues affecting clarity and general draftsmanship 
under any guidelines issued by the Attorney General. Section 3(c) of 
Executive Order 12988 requires Executive agencies to review regulations 
in light of applicable standards in sections 3(a) and 3(b) to determine 
whether they are met or it is unreasonable to meet one or more of them. 
DOE has completed the required review and determined that, to the 
extent permitted by law, this final rule meets the relevant standards 
of Executive Order 12988.

H. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires

[[Page 804]]

each Federal agency to assess the effects of Federal regulatory actions 
on State, local, and Tribal governments and the private sector. Public 
Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For regulatory actions 
likely to result in a rule that may cause the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector of $100 million or more in any one year (adjusted annually for 
inflation), section 202 of UMRA requires a Federal agency to publish a 
written statement that estimates the resulting costs, benefits, and 
other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA 
also requires a Federal agency to develop an effective process to 
permit timely input by elected officers of State, local, and Tribal 
governments on a ``significant intergovernmental mandate,'' and 
requires an agency plan for giving notice and opportunity for timely 
input to potentially affected small governments before establishing any 
requirements that might significantly or uniquely affect them. On March 
18, 1997, DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. (This policy is 
also available at www.gc.doe.gov/gc/office-general-counsel.) This final 
rule, which modifies the test procedures for vented home heating 
equipment and for pool heaters, contains neither an intergovernmental 
mandate, nor a mandate that may result in the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any year. Accordingly, no further 
assessment or analysis is required under UMRA.

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

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule concerning 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.

J. Review Under Executive Order 12630

    Pursuant to Executive Order 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights,'' 53 FR 
8859 (March 18, 1988), DOE has determined that this final rule will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

K. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for Federal agencies to review 
most disseminations of information to the public under information 
quality guidelines established by each agency pursuant to general 
guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 
(Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 
(Oct. 7, 2002). DOE has reviewed this final rule under the OMB and DOE 
guidelines and has concluded that it is consistent with applicable 
policies in those guidelines.

L. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA 
at OMB, a Statement of Energy Effects for any significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgates or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    This regulatory action to amend the test procedure for measuring 
the energy efficiency of vented home heating equipment and pool heaters 
is not a significant regulatory action under Executive Order 12866 or 
any successor order. Moreover, it will not have a significant adverse 
effect on the supply, distribution, or use of energy, nor has it been 
designated as a significant energy action by the Administrator of OIRA. 
Therefore, it is not a significant energy action, and, accordingly, DOE 
has not prepared a Statement of Energy Effects for this rulemaking.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101 et seq.), DOE must comply with all laws 
applicable to the former Federal Energy Administration, including 
section 32 of the Federal Energy Administration Act of 1974 (Pub. L. 
93-275), as amended by the Federal Energy Administration Authorization 
Act of 1977 (Pub. L. 95-70). (15 U.S.C. 788; FEAA) Section 32 
essentially provides, in relevant part, that, where a proposed rule 
authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition.
    This final rule incorporates testing methods contained in the 
following commercial standards: (1) ANSI/ASHRAE Standard 103-2007, 
``Method of Test for Annual Fuel Utilization Efficiency of Residential 
Central Furnaces and Boilers''; (2) ANSI Z21.86-2008, ``Vented Gas-
Fired Space Heating Appliances''; (3) ASTM D2156-09, ``Standard Test 
Method for Smoke Density in Flue Gases from Burning Distillate Fuels''; 
(4) UL 729-2003, ``Standard for Safety for Oil-Fired Floor Furnaces''; 
(5) UL 730-2003, ``Standard for Safety for Oil-Fired Wall Furnaces''; 
(6) UL 896-1993, ``Standard for Safety for Oil-Burning Stoves''; (7) 
AHRI 1160-2009, ``Performance Rating of Heat Pump Pool Heaters''; and 
(8) ANSI/ASHRAE Standard 146-2011, ``Method of Testing and Rating Pool 
Heaters.'' While the test procedures are not exclusively based on these 
standards, components of the test procedures are adopted directly from 
these standards without amendment. The Department has evaluated these 
standards and is unable to conclude whether they fully comply with the 
requirements of section 32(b) of the FEAA, (i.e., that they were 
developed in a manner that fully provides for public participation, 
comment, and review). DOE 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 these 
standards, and neither recommended against incorporation of these 
standards.

[[Page 805]]

N. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this 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).

V. 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 December 23, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends part 430 of 
Chapter II, Subchapter D of Title 10, Code of Federal Regulations, as 
set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

0
2. Section 430.2 is amended by revising the definition of ``vented home 
heating equipment or vented heater'' to read as follows:

Sec.  430.2  Definitions.

* * * * *
    Vented home heating equipment or vented heater means a class of 
home heating equipment, not including furnaces, designed to furnish 
warmed air to the living space of a residence, directly from the 
device, without duct connections (except that boots not to exceed 10 
inches beyond the casing may be permitted) and includes: vented wall 
furnace, vented floor furnace, and vented room heater.
* * * * *

0
3. Section 430.3 is amended by:
0
a. Redesignating paragraphs (d)(18) as (d)(19), (t) as (v), and (i) 
through (s) as (j) through (t), respectively; and
0
b. Adding paragraphs (b)(2), (d)(18), (f)(13), (i), and (u).
0
c. Revising paragraph (f)(11).
    The revisions and additions read as follows:

Sec.  430.3  Materials incorporated by reference.

* * * * *
    (b) * * *
    (2) AHRI Standard 1160-2009 (``AHRI 1160''), Performance Rating of 
Heat Pump Pool Heaters, 2009, IBR approved for appendix P to subpart B.
* * * * *
    (d) * * *
    (18) ANSI Z21.86-2008, (``ANSI Z21.86''), Vented Gas-Fired Space 
Heating Appliances, Fifth Edition, approved March 28, 2008, IBR 
approved for appendix O to subpart B.
* * * * *
    (f) * * *
    (11) ANSI/ASHRAE Standard 103-2007, (``ASHRAE 103-2007''), Method 
of Testing for Annual Fuel Utilization Efficiency of Residential 
Central Furnaces and Boilers, ANSI approved March 25, 2008, IBR 
approved for appendices O and AA to subpart B.
* * * * *
    (13) ANSI/ASHRAE Standard 146-2011 (``ASHRAE 146''), Method of 
Testing and Rating Pool Heaters, ASHRAE approved February 2, 2011, IBR 
approved for appendix P to subpart B.
* * * * *
    (i) ASTM. American Society for Testing and Materials International, 
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 
(www.astm.org)
    (1) ASTM D2156-09, (``ASTM D2156''), Standard Test Method for Smoke 
Density in Flue Gases from Burning Distillate Fuels, ASTM approved 
December 1, 2009, IBR approved for appendix O to subpart B.
    (2) [Reserved]
* * * * *
    (u) UL. Underwriters Laboratories, Inc., 2600 NW. Lake Rd., Camas, 
WA 98607-8542 (www.UL.com)
    (1) UL 729-2003 (``UL 729''), Standard for Safety for Oil-Fired 
Floor Furnaces, Sixth Edition, dated August 29, 2003, including 
revisions through April 22, 2010, IBR approved for appendix O to 
subpart B.
    (2) UL 730-2003 (``UL 730''), Standard for Safety for Oil-Fired 
Wall Furnaces, Fifth Edition, dated August 29, 2003, including 
revisions through April 22, 2010, IBR approved for appendix O to 
subpart B.
    (3) UL 896-1993 (``UL 896''), Standard for Safety for Oil-Burning 
Stoves, Fifth Edition, dated July 29, 1993, including revisions through 
May 7, 2010, IBR approved for appendix O to subpart B.

0
4. Section 430.23 is amended by revising paragraphs (o) and (p) to read 
as follows:

Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (o) Vented home heating equipment. (1) When determining the annual 
fuel utilization efficiency (AFUE) of vented home heating equipment 
(see the note at the beginning of appendix O), expressed in percent 
(%), calculate AFUE in accordance with section 4.1.17 of appendix O of 
this subpart for vented heaters without either manual controls or 
thermal stack dampers; in accordance with section 4.2.6 of appendix O 
of this subpart for vented heaters equipped with manual controls; or in 
accordance with section 4.3.7 of appendix O of this subpart for vented 
heaters equipped with thermal stack dampers.
    (2) When estimating the annual operating cost for vented home 
heating equipment, calculate the sum of:
    (i) The product of the average annual fuel energy consumption, in 
Btus per year for natural gas, propane, or oil fueled vented home 
heating equipment, determined according to section 4.6.2 of appendix O 
of this subpart, and the representative average unit cost in dollars 
per Btu for natural gas, propane, or oil, as appropriate, as provided 
pursuant to section 323(b)(2) of the Act; plus
    (ii) The product of the average annual auxiliary electric energy 
consumption in kilowatt-hours per year determined according to section 
4.6.3 of appendix O of this subpart, and the representative average 
unit cost in dollars per kilowatt-hours as provided pursuant to section 
323(b)(2) of the Act. Round the resulting sum to the nearest dollar per 
year.
    (3) When estimating the operating cost per million Btu output for 
gas or oil vented home heating equipment with an auxiliary electric 
system, calculate the product of:
    (i) The quotient of one million Btu divided by the sum of:
    (A) The product of the maximum fuel input in Btus per hour as 
determined in sections 3.1.1 or 3.1.2 of appendix O of this subpart 
times the annual fuel utilization efficiency in percent as determined 
in sections 4.1.17, 4.2.6, or 4.3.7 of this appendix (as appropriate) 
divided by 100, plus
    (B) The product of the maximum electric power in watts as 
determined in section 3.1.3 of appendix O of this subpart times the 
quantity 3.412; and
    (ii) The sum of:
    (A) the product of the maximum fuel input in Btus per hour as 
determined in

[[Page 806]]

sections 3.1.1 or 3.1.2 of this appendix times the representative unit 
cost in dollars per Btu for natural gas, propane, or oil, as 
appropriate, as provided pursuant to section 323(b)(2) of the Act; plus
    (B) the product of the maximum auxiliary electric power in 
kilowatts as determined in section 3.1.3 of appendix O of this subpart 
times the representative unit cost in dollars per kilowatt-hour as 
provided pursuant to section 323(b)(2) of the Act. Round the resulting 
quantity to the nearest 0.01 dollar per million Btu output.
    (p) Pool heaters. (1) Determine the thermal efficiency 
(Et) of a pool heater expressed as a percent (%) in 
accordance with section 5.1 of appendix P to this subpart.
    (2) Determine the integrated thermal efficiency (TEI) of 
a pool heater expressed as a percent (%) in accordance with section 5.4 
of appendix P to this subpart.
    (3) When estimating the annual operating cost of pool heaters, 
calculate the sum of:
    (i) The product of the average annual fossil fuel energy 
consumption, in Btus per year, determined according to section 5.2 of 
appendix P to this subpart, and the representative average unit cost in 
dollars per Btu for natural gas or oil, as appropriate, as provided 
pursuant to section 323(b)(2) of the Act; plus
    (ii) The product of the average annual electrical energy 
consumption in kilowatt-hours per year determined according to section 
5.3 of appendix P to this subpart and converted to kilowatt-hours using 
a conversion factor of 3412 Btus = 1 kilowatt-hour, and the 
representative average unit cost in dollars per kilowatt-hours as 
provided pursuant to section 323(b)(2) of the Act. Round the resulting 
sum to the nearest dollar per year.
* * * * *

0
5. Appendix O to subpart B of part 430 is amended by:
0
a. Revising the note at the beginning of appendix O;
0
b. Redesignating section 1.33 (following 1.37) as 1.39;
0
c. Redesignating sections 1.5 through 1.37 as 1.6 through 1.38;
0
d. Adding section 1.5;
0
e. Revising sections 1.27, 2.1.1, 2.1.2, 2.1.3, 2.2.2;
0
f. Adding section 2.2.4;
0
g. Revising section 2.3.1, 2.3.2, 2.3.3, 2.3.4, 2.4.2, 2.5.1;
0
h. Removing in section 2.6.1 in the last paragraph ``ANSI Z21.49-1975, 
section 2.14.'' and adding in its place ``Part VIII section 8.7 of ANSI 
Z21.86 (incorporated by reference, see Sec.  430.3)'';
0
i. Removing in section 2.6.2 in the first paragraph ``Figure 34.4 of UL 
730-1974, or Figures 35.1 and 35.2 of UL 729-1976'' and adding in its 
place ``Figure 36.4 of UL 730, or Figure 38.1 and 38.2 of UL 729 
(incorporated by reference, see Sec.  430.3)'' and removing in the last 
paragraph ``sections 35.12 through 35.17 of UL 730-1974'' and adding in 
its place ``sections 37.5.8 through 37.5.18 of UL 730 (incorporated by 
reference, see Sec.  430.3)'';
0
j. Revising section 2.9;
0
k. Adding section 2.11;
0
l. Revising sections 3.1.1, 3.1.2, 3.2, 3.3;
0
m. Adding sections 3.6.1, 3.6.2, 3.6.2.1, 3.6.2.2, 3.6.2.2.1, 
3.6.2.2.2, 3.6.2.3, 3.6.2.4, 3.6.2.4.1, 3.6.2.4.2, 3.6.2.4.3, 3.8, 
3.8.1, 3.8.2;
0
n. Revising sections 4.1, 4.1.2, 4.1.3, 4.1.6;
0
o. Adding sections 4.1.6.1, 4.1.6.2, 4.1.6.3, and 4.1.6.4;
0
p. Revising sections 4.1.8, 4.1.10, 4.1.15, 4.1.16, 4.2.1, 4.2.2, 
4.2.4.1, 4.3, 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.5.1, 4.5.2, 
4.5.3 and Table 1.
    These additions and revisions read as follows:

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

    Note:  On and after July 6, 2015, any representations made with 
respect to the energy use or efficiency of vented home heating 
equipment must be made in accordance with the results of testing 
pursuant to this appendix. On and after this date, if a manufacturer 
makes representations of standby mode and off mode energy 
consumption, then testing must also include the provisions of this 
appendix related to standby mode and off mode energy consumption. 
Until July 6, 2015, manufacturers must test vented home heating 
equipment in accordance with this appendix or appendix O as it 
appeared at 10 CFR part 430, subpart B revised as of January 1, 
2014. Any representations made with respect to the energy use or 
efficiency of such vented home heating equipment must be made in 
accordance with whichever version is selected. DOE notes that, 
because testing under this appendix O is required as of July 6, 
2015, manufacturers may wish to begin using this test procedure 
immediately.

* * * * *
    1.5 ``Condensing vented heater'' means a vented heater that, 
during the laboratory tests prescribed in this appendix, condenses 
part of the water vapor in the flue gases.
* * * * *
    1.27 ``Single-stage thermostat'' means a thermostat that cycles 
a burner at the maximum heat input rate and off.
* * * * *
    2.1.1 Vented wall furnaces (including direct vent systems). 
Install non-direct vent gas fueled vented wall furnaces as specified 
in section 8.1.3 and figure 7 or figure 10 of ANSI Z21.86 
(incorporated by reference, see Sec.  430.3). Install direct vent 
gas fueled vented wall furnaces as specified in section 6.1.3 and 
figure 6 of ANSI Z21.86 (incorporated by reference, see Sec.  
430.3). Install oil fueled vented wall furnaces as specified in 
section 36.1 of UL 730 (incorporated by reference, see Sec.  430.3).
    2.1.2 Vented floor furnaces. Install vented floor furnaces for 
test as specified in section 38.1 of UL 729 (incorporated by 
reference, see Sec.  430.3).
    2.1.3 Vented room heaters. Install vented room heaters for test 
in accordance with the manufacturer's installation and operations 
(I&O) manual provided with the unit.
* * * * *
    2.2.2 Oil fueled vented home heating equipment (excluding direct 
vent systems). Use flue connections for oil fueled vented floor 
furnaces as specified in section 38.2 of UL 729, sections 36.2 of UL 
730 for oil fueled vented wall furnaces, and sections 37.1.2 and 
37.1.3 of UL 896 (all incorporated by reference, see Sec.  430.3) 
for oil fueled vented room heaters.
* * * * *
    2.2.4 Condensing vented heater, additional flue requirements. 
The flue pipe installation must not allow condensate formed in the 
flue pipe to flow back into the unit. An initial downward slope from 
the unit's exit, an offset with a drip leg, annular collection 
rings, or drain holes must be included in the flue pipe installation 
without disturbing normal flue gas flow. Flue gases should not flow 
out of the drain with the condensate. For condensing vented heaters 
that do not include means for collection of condensate, a means to 
collect condensate must be supplied by the test lab for the purposes 
of testing.
* * * * *
    2.3.1 Natural gas. For a gas fueled vented heater, maintain the 
gas supply to the unit under test at a normal inlet test pressure 
immediately ahead of all controls at 7 to 10 inches water column. 
Maintain the regulator outlet pressure at normal test pressure 
approximately at that recommended by the manufacturer. Use natural 
gas having a specific gravity of approximately 0.65 and a higher 
heating value within 5 percent of 1,025 Btu's per 
standard cubic foot. Determine the actual higher heating value in 
Btu's per standard cubic foot for the natural gas to be used in the 
test with an error no greater than one percent.
    2.3.2 Propane gas. For a propane-gas fueled vented heater, 
maintain the gas supply to the unit under test at a normal inlet 
pressure of 11 to 13 inches water column and a specific gravity of 
approximately 1.53. Maintain the regulator outlet pressure, on units 
so equipped, approximately at that recommended by the manufacturer. 
Use propane having a specific gravity of approximately 1.53 and a 
higher heating value within 5 percent of 2,500 Btu's per 
standard cubic foot. Determine the actual higher heating value in 
Btu's per standard

[[Page 807]]

cubic foot for the propane to be used in the test
    2.3.3 Other test gas. Use other test gases with characteristics 
as described in Table 4 of ANSI Z21.86 (incorporated by reference, 
see Sec.  430.3). Use gases with a measured higher heating value 
within 5 percent of the values specified in the Tables 
section of ANSIZ21.86. Determine the actual higher heating value of 
the gas used in the test with an error no greater than one percent.
    2.3.4 Oil supply. For an oil fueled vented heater, use No. 1 
fuel oil (kerosene) for vaporizing-type burners and either No. 1 or 
No. 2 fuel oil, as specified by the manufacturer in the I&O manual 
provided with the unit, for mechanical atomizing type burners. Use 
test fuel conforming to the specifications given in Tables 2 and 3 
of ASHRAE 103-2007 (incorporated by reference, see Sec.  430.3). 
Measure the higher heating value of the test fuel within 1 percent.
* * * * *
    2.4.2 Oil burner adjustments. Adjust the burners of oil fueled 
vented heaters to give the CO2 reading recommended by the 
manufacturer and an hourly Btu input, during the steady-state 
performance test described below, which is within 2 
percent of the heater manufacturer's specified normal hourly Btu 
input rating. On units employing a power burner, do not allow smoke 
in the flue to exceed a No. 1 smoke during the steady-state 
performance test as measured by the procedure in ASTM D2156 
(incorporated by reference, see Sec.  430.3). If, on units employing 
a power burner, the smoke in the flue exceeds a No. 1 smoke during 
the steady-state test, readjust the burner to give a lower smoke 
reading, and, if necessary a lower CO2 reading, and start 
all tests over. Maintain the average draft over the fire and in the 
flue during the steady-state performance test at that recommended by 
the manufacturer within 0.005 inches of water gauge. Do 
not make additional adjustments to the burner during the required 
series of performance tests. The instruments and measuring apparatus 
for this test are described in section 6 and shown in Figure 8 of 
ASHRAE 103-2007 (incorporated by reference, see Sec.  430.3).
* * * * *
    2.5.1 Forced air vented wall furnaces (including direct vent 
systems). During testing, maintain the air flow through the heater 
as specified by the manufacturer in the I&O manual provided with the 
unit and operate the vented heater with the outlet air temperature 
between 80[emsp14][deg]F and 130[emsp14][deg]F above room 
temperature. If adjustable air discharge registers are provided, 
adjust them so as to provide the maximum possible air restriction. 
Measure air discharge temperature as specified in section 8.7 of 
ANSI Z21.86 (incorporated by reference, see Sec.  430.3).
* * * * *
    2.9 Room ambient temperature. The room ambient temperature shall 
be the arithmetic average temperature of the test area, determined 
by measurement with four No. 24 AWG bead-type thermocouples with 
junctions shielded against radiation, located approximately at 90-
degree positions on a circle circumscribing the heater or heater 
enclosure under test, in a horizontal plane approximately at the 
vertical midpoint of the appliance or test enclosure, and with the 
junctions approximately 24 inches from sides of the heater or test 
enclosure and located so as not to be affected by other than room 
air.
    The value TRA is the room ambient temperature 
measured at the last of the three successive readings taken 15 
minutes apart described in section 3.1.1 or 3.1.2 as applicable. 
During the time period required to perform all the testing and 
measurement procedures specified in section 3.0 of this appendix, 
maintain the room ambient temperature within 5[emsp14][deg]F (2.8 C) of the value 
TRA. At no time during these tests shall the room ambient 
temperature exceed 100[emsp14][deg]F (37.8 C) or fall below 
65[emsp14][deg]F (18.3 C).
    Locate a thermocouple at each elevation of draft relief inlet 
opening and combustion air inlet opening at a distance of 
approximately 24 inches from the inlet openings. The temperature of 
the air for combustion and the air for draft relief shall not differ 
more than 5[emsp14][deg]F from the room ambient 
temperature as measured above at any point in time. This requirement 
for combustion air inlet temperature does not need to be met once 
the burner is shut off during the testing described in sections 3.3 
and 3.6 of this appendix.
* * * * *
    2.11 Equipment with multiple control modes. For equipment that 
has both manual and automatic thermostat control modes, test the 
unit according to the procedure for its automatic control mode, i.e. 
single-stage, two stage, or step-modulating.
* * * * *
    3.1.1 Gas fueled vented home heating equipment (including direct 
vent systems). Set up the vented heater as specified in sections 
2.1, 2.2, and 2.3 of this appendix. The draft diverter shall be in 
the normal open condition and the stack shall not be insulated. 
(Insulation of the stack is no longer required for the vented heater 
test.) Begin the steady-state performance test by operating the 
burner and the circulating air blower, on units so equipped, with 
the adjustments specified by sections 2.4.1 and 2.5 of this 
appendix, until steady-state conditions are attained as indicated by 
three successive readings taken 15 minutes apart with a temperature 
variation of not more than 3[emsp14][deg]F (1.7 C) in 
the stack gas temperature for vented heaters equipped with draft 
diverters or 5[emsp14][deg]F (2.8 C) in the flue gas 
temperature for vented heaters equipped with either draft hoods or 
direct vent systems. The measurements described in this section are 
to coincide with the last of these 15 minute readings.
    On units employing draft diverters, measure the room temperature 
(TRA) as described in section 2.9 of this appendix and 
measure the steady-state stack gas temperature (TS,SS) 
using the nine thermocouples located in the 5 foot test stack as 
specified in section 2.6.1 of this appendix. Secure a sample of the 
stack gases in the plane where TS,SS is measured or 
within 3.5 feet downstream of this plane. Determine the 
concentration by volume of carbon dioxide (XCO2S) present 
in the dry stack gas. If the location of the gas sampling differs 
from the temperature measurement plane, there shall be no air leaks 
through the stack between these two locations.
    On units employing draft hoods or direct vent systems, measure 
the room temperature (TRA) as described in section 2.9 of 
this appendix and measure the steady-state flue gas temperature 
(TF,SS), using the nine thermocouples located in the flue 
pipe as described in section 2.6.1 of this appendix. Secure a sample 
of the flue gas in the plane of temperature measurement and 
determine the concentration by volume of CO2 
(XCO2F) present in dry flue gas. In addition, for units 
employing draft hoods, secure a sample of the stack gas in a 
horizontal plane in the five foot test stack located one foot from 
the test stack inlet; and determine the concentration by volume of 
CO2 (XCO2S) present in dry stack gas.
    Determine the steady-state heat input rate (Qin) including pilot 
gas by multiplying the measured higher heating value of the test gas 
by the steady-state gas input rate corrected to standard conditions 
of 60[emsp14][deg]F and 30 inches of mercury. Use measured values of 
gas temperature and pressure at the meter and the barometric 
pressure to correct the metered gas flow rate to standard 
conditions.
    After the above test measurements have been completed on units 
employing draft diverters, secure a sample of the flue gases at the 
exit of the heat exchanger(s) and determine the concentration of 
CO2 (XCO2F) present. In obtaining this sample 
of flue gas, move the sampling probe around or use a sample probe 
with multiple sampling ports in order to assure that an average 
value is obtained for the CO2 concentration. For units 
with multiple heat exchanger outlets, measure the CO2 
concentration in a sample from each outlet to obtain the average 
CO2 concentration for the unit. A manifold (parallel 
connected sampling tubes) may be used to obtain this sample.
    For heaters with single-stage thermostat control (wall mounted 
electric thermostats), determine the steady-state efficiency at the 
maximum fuel input rate as specified in section 2.4 of this 
appendix.
    For gas fueled vented heaters equipped with either two stage 
control or step-modulating control, determine the steady-state 
efficiency at the maximum fuel input rate and at the reduced fuel 
input rate, as specified in section 2.4.1 of this appendix.
    For manually controlled gas fueled vented heaters with various 
input rates, determine the steady-state efficiency at a fuel input 
rate that is within 5 percent of 50 percent of the 
maximum rated fuel input rate as indicated on the nameplate of the 
unit or in the manufacturer's installation and operation manual 
shipped with the unit. If the heater is designed to use a control 
that precludes operation at other than maximum rated fuel input rate 
(single firing rate) determine the steady state efficiency at the 
maximum rated fuel input rate only.
    3.1.2 Oil fueled vented home heating equipment (including direct 
vent systems). Set up and adjust the vented heater as specified in 
sections 2.1, 2.2, and 2.3.4 of this appendix. Begin the steady-
state performance test by operating the burner and the

[[Page 808]]

circulating air blower, on units so equipped, with the adjustments 
specified by sections 2.4.2 and 2.5 of this appendix, until steady-
state conditions are attained as indicated by a temperature 
variation of not more than 5[emsp14][deg]F (2.8 C) in 
the flue gas temperature in three successive readings taken 15 
minutes apart. The measurements described in this section are to 
coincide with the last of these 15 minutes readings.
    For units equipped with power burners, do not allow smoke in the 
flue to exceed a No. 1 smoke during the steady-state performance 
test as measured by the procedure described in ASTM D2156 
(incorporated by reference, see Sec.  430.3). Maintain the average 
draft over the fire and in the breeching during the steady-state 
performance test at that recommended by the manufacturer 0.005 inches of water gauge.
    Measure the room temperature (TRA) as described in 
section 2.9 of this appendix. Measure the steady-state flue gas 
temperature (TF,SS) using nine thermocouples located in 
the flue pipe as described in section 2.6.2 of this appendix. From 
the plane where TF,SS was measured, collect a sample of 
the flue gas and determine the concentration by volume of 
CO2 (XCO2F) present in dry flue gas. Measure 
and record the steady-state heat input rate (Qin).
    For manually controlled oil fueled vented heaters, determine the 
steady-state efficiency at a fuel input rate that is within 5 percent of 50 percent of the maximum fuel input rate; or, if 
the design of the heater is such that the fuel input rate cannot be 
set to 5 percent of 50 percent of the maximum rated fuel 
input rate, determine the steady-state efficiency at the minimum 
rated fuel input rate as measured in section 3.1.2 of this appendix 
for manually controlled oil fueled vented heaters.
* * * * *
    3.2 Jacket loss measurement. Conduct a jacket loss test for 
vented floor furnaces. Measure the jacket loss (Lj) in 
accordance with ASHRAE 103-2007 section 8.6 (incorporated by 
reference, see Sec.  430.3), applying the provisions for furnaces 
and not the provisions for boilers.
    3.3 Measurement of the off-cycle losses for vented heaters 
equipped with thermal stack dampers. Unless specified otherwise, the 
thermal stack damper should be at the draft diverter exit collar. 
Attach a five foot length of bare stack to the outlet of the damper. 
Install thermocouples as specified in section 2.6.1 of this 
appendix.
    For vented heaters equipped with single-stage thermostats, 
measure the off-cycle losses at the maximum fuel input rate. For 
vented heaters equipped with two stage thermostats, measure the off-
cycle losses at the maximum fuel input rate and at the reduced fuel 
input rate. For vented heaters equipped with step-modulating 
thermostats, measure the off-cycle losses at the reduced fuel input 
rate.
    Allow the vented heater to heat up to a steady-state condition. 
Feed a tracer gas at a constant metered rate into the stack directly 
above and within one foot above the stack damper. Record tracer gas 
flow rate and temperature. Measure the tracer gas concentration in 
the stack at several locations in a horizontal plane through a 
cross-section of the stack at a point sufficiently above the stack 
damper to ensure that the tracer gas is well mixed in the stack.
    Continuously measure the tracer gas concentration and 
temperature during a 10-minute cool-down period. Shut the burner off 
and immediately begin measuring tracer gas concentration in the 
stack, stack temperature, room temperature, and barometric pressure. 
Record these values as the midpoint of each one-minute interval 
between burner shut-down and ten minutes after burner shut-down. 
Meter response time and sampling delay time shall be considered in 
timing these measurements.
* * * * *
    3.6.1 Procedure for determining (DF and 
DP) of vented home heating equipment with no measurable 
airflow. On units whose design is such that there is no measurable 
airflow through the combustion chamber and heat exchanger when the 
burner(s) is off (as determined by the test procedure in section 
3.6.2 of this appendix), DF and DP may be set 
equal to 0.05.
    3.6.2 Test Method to Determine Whether the Use of the Default 
Draft Factors (DF and DP) of 0.05 is Allowed. 
Manufacturers may use the following test protocol to determine 
whether air flows through the combustion chamber and heat exchanger 
when the burner(s) is off using a smoke stick device. The default 
draft factor of 0.05 (as allowed per section 3.6.1 of this appendix) 
may be used only for units determined pursuant to this protocol to 
have no air flow through the combustion chamber and heat exchanger.
    3.6.2.1 Test Conditions. Wait for two minutes following the 
termination of the vented heater's on-cycle.
    3.6.2.2 Location of Test Apparatus
    3.6.2.2.1 After all air currents and drafts in the test chamber 
have been minimized, position the operable smoke stick/pencil as 
specified, based on the following equipment configuration: for 
horizontal combustion air intakes, approximately 4 inches from the 
vertical plane at the termination of the intake vent and 4 inches 
below the bottom edge of the combustion air intake, or for vertical 
combustion air intakes, approximately 4 inches horizontal from vent 
perimeter at the termination of the intake vent and 4 inches down 
(parallel to the vertical axis of the vent). In the instance where 
the boiler combustion air intake is closer than 4 inches to the 
floor, place the smoke device directly on the floor without impeding 
the flow of smoke.
    3.6.2.2.2 Monitor the presence and the direction of the smoke 
flow.
    3.6.2.3 Duration of Test. Continue monitoring the release of 
smoke for no less than 30 seconds.
    3.6.2.4 Test Results
    3.6.2.4.1 During visual assessment, determine whether there is 
any draw of smoke into the combustion air intake.
    3.6.2.4.2 If absolutely no smoke is drawn into the combustion 
air intake, the vented heater meets the requirements to allow use of 
the default draft factor of 0.05 pursuant to Section 8.8.3 and/or 
9.10 of ASHRAE 103-2007 (incorporated by reference, see Sec.  
430.3).
    3.6.2.4.3 If there is any smoke drawn into the intake, use of 
default draft factor of 0.05 is prohibited. Proceed with the methods 
of testing as prescribed in section 3.6 of this appendix, or select 
the appropriate default draft factor from Table 1.
* * * * *
    3.8 Condensing vented heaters--measurement of condensate under 
steady-state and cyclic conditions. Attach condensate drain lines to 
the vented heater as specified in the manufacturer's I&O manual 
provided with the unit. The test unit shall be level prior to all 
testing. A continuous downward slope of drain lines from the unit 
shall be maintained. The drain lines must facilitate uninterrupted 
flow of condensate during the test. The condensate collection 
container must be glass or polished stainless steel to facilitate 
removal of interior deposits. The collection container shall have a 
vent opening to the atmosphere, be dried prior to each use, and be 
at room ambient temperature. The humidity of the room air shall at 
no time exceed 80 percent relative humidity. For condensing units 
not designed for collecting and draining condensate, drain lines 
must be provided during testing that meet the criteria set forth in 
this section 3.8. Units employing manual controls and units not 
tested under the optional tracer gas procedures of sections 3.3 and 
3.6 of this appendix shall only conduct the steady-state condensate 
collection test.
    3.8.1 Steady-state condensate collection test. Begin steady-
state condensate collection concurrently with or immediately after 
completion of the steady-state testing of section 3.1 of this 
appendix. The steady-state condensate collection period shall be 30 
minutes. Condensate mass shall be measured immediately at the end of 
the collection period to minimize evaporation loss from the sample. 
Record fuel input during the 30-minute condensate collection steady-
state test period. Measure and record fuel higher heating value 
(HHV), temperature, and pressures necessary for determining fuel 
energy input (Qc,ss). The fuel quantity and HHV shall be 
measured with errors no greater than 1 percent. 
Determine the mass of condensate for the steady-state test 
(Mc,ss) in pounds by subtracting the tare container 
weight from the total container and condensate weight measured at 
the end of the 30-minute condensate collection test period. The 
error associated with the mass measurement instruments shall not 
exceed 0.5 percent of the quantity measured.
    For units with step-modulating or two stage controls, the 
steady-state condensate collection test shall be conducted at both 
the maximum and reduced input rates.
    3.8.2 Cyclic condensate collection tests. If existing controls 
do not allow for cyclical operation of the tested unit, control 
devices shall be installed to allow cyclical operation of the vented 
heater. Run three consecutive test cycles. For each cycle, operate 
the unit until flue gas temperatures at the end of each on-cycle, 
rounded to the nearest whole number, are within 5[deg]F of each 
other for two consecutive cycles. On-cycle and off-cycle times are 4 
minutes and 13 minutes respectively. Control of ON and OFF operation 
actions shall be within 6 seconds of the scheduled time. 
For fan-type vented heaters, maintain circulating air adjustments

[[Page 809]]

as specified in section 2.5 of this appendix. Begin condensate 
collection at one minute before the on-cycle period of the first 
test cycle. Remove the container one minute before the end of each 
off-cycle period. Measure condensate mass for each test-cycle. The 
error associated with the mass measurement instruments shall not 
exceed 0.5 percent of the quantity measured.
    Fuel input shall be recorded during the entire test period 
starting at the beginning of the on-time period of the first cycle 
to the beginning of the on-time period of the second cycle, from the 
beginning of the on-time period of the second cycle to the beginning 
of the on-time period of the third cycle, etc., for each of the test 
cycles. Fuel HHV, temperature, and pressure necessary for 
determining fuel energy input, Qc, shall be recorded. 
Determine the mass of condensate for each cycle, Mc, in 
pounds. If at the end of three cycles, the sample standard deviation 
is within 20 percent of the mean value for three cycles, use total 
condensate collected in the three cycles as Mc; if not, 
continue collection for an additional three cycles and use the total 
condensate collected for the six cycles as Mc. Determine 
the fuel energy input, Qc, during the three or six test 
cycles, expressed in Btu.
    4.0 Calculations
    4.1 Annual fuel utilization efficiency for gas fueled or oil 
fueled vented home heating equipment equipped without manual 
controls or with multiple control modes as per 2.11 and without 
thermal stack dampers. The following procedure determines the annual 
fuel utilization efficiency for gas fueled or oil fueled vented home 
heating equipment equipped without manual controls and without 
thermal stack dampers.
* * * * *
    4.1.2 Off-cycle flue gas draft factor. Based on the system 
number, determine the off-cycle flue gas draft factor 
(DF) from Table 1 of this appendix or the test method and 
calculations of sections 3.6 and 4.5 of this appendix.
    4.1.3 Off-cycle stack gas draft factor. Based on the system 
number, determine the off-cycle stack gas draft factor 
(Ds) from Table 1 of this appendix or from the test 
method and calculations of sections 3.6 and 4.5 of this appendix,.
* * * * *
    4.1.6 Latent heat loss. For non-condensing vented heaters, 
obtain the latent heat loss (LL,A) from Table 2 of this 
appendix. For condensing vented heaters, calculate a modified latent 
heat loss (LL,A*) as follows:
    For steady-state conditions:

LL,A*= LL,A-LG,SS + 
LC,SS

where:

LL,A = Latent heat loss, based on fuel type, from Table 2 
of this appendix,
LG,SS = Steady-state latent heat gain due to condensation 
as determined in section 4.1.6.1 of this appendix, and
LC,SS = Steady-state heat loss due to hot condensate 
going down the drain as determined in 4.1.6.2 of this appendix.
For cyclic conditions: (only for vented heaters tested under the 
optional tracer gas procedures of section 3.3 or 3.6)

LL,A*= LL,A-LG + LC

where:

LL,A = Latent heat loss, based on fuel type, from Table 2 
of this appendix,
LG = Latent heat gain due to condensation under cyclic 
conditions as determined in section 4.1.6.3 of this appendix, and
LC = Heat loss due to hot condensate going down the drain 
under cyclic conditions as determined in section 4.1.6.4 of this 
appendix.

    4.1.6.1 Latent heat gain due to condensation under steady-state 
conditions. Calculate the latent heat gain (LG,SS) 
expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.017

where:

100 = conversion factor to express a decimal as a percent,
1053.3 = latent heat of vaporization of water, Btu per pound,
Mc,ss = mass of condensate for the steady-state test as 
determined in section 3.8.1 of this appendix, pounds, and
Qc,ss = fuel energy input for steady-state test as 
determined in section 3.8.1 of this appendix, Btu.

    4.1.6.2 Heat loss due to hot condensate going down the drain 
under steady-state conditions. Calculate the steady-state heat loss 
due to hot condensate going down the drain (LC,SS) 
expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.018

where:

LG,SS = Latent heat gain due to condensation under 
steady-state conditions as defined in section 4.1.6.1 of this 
appendix,
1.0 = specific heat of water, Btu/lb-[deg]F,
TF,SS = Flue (or stack) gas temperature as defined in 
section 3.1 of this appendix, [deg]F,
70 = assumed indoor temperature, [deg]F,
0.45 = specific heat of water vapor, Btu/lb-[deg]F, and
45 = average outdoor temperature for vented heaters, [deg]F.
    4.1.6.3 Latent heat gain due to condensation under cyclic 
conditions. (only for vented heaters tested under the optional 
tracer gas procedures of section 3.3 or 3.6 of this appendix) 
Calculate the latent heat gain (LG) expressed as a 
percent and defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.019

where:

100 = conversion factor to express a decimal as a percent,
1053.3 = latent heat of vaporization of water, Btu per pound,
Mc = mass of condensate for the cyclic test as determined 
in 3.8.2 of this appendix, pounds, and
Qc = fuel energy input for cyclic test as determined in 
3.8.2 of this appendix, Btu.

    4.1.6.4 Heat loss due to hot condensate going down the drain 
under cyclic conditions. (only for vented heaters tested under the 
optional tracer gas procedures of section 3.3 or 3.6 of this 
appendix) Calculate the cyclic heat loss due to hot condensate going 
down the drain (LC) expressed as a percent and defined 
as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.020

where:

LG = Latent heat gain due to condensation under cyclic 
conditions as defined in section 4.1.6.3 of this appendix,
1.0 = specific heat of water, Btu/lb-[deg]F,
TF,SS = Flue (or stack) gas temperature as defined in 
section 3.1 of this appendix,
70 = assumed indoor temperature, [deg]F,
0.45 = specific heat of water vapor, Btu/lb-[deg]F, and
45 = average outdoor temperature for vented heaters, [deg]F.
* * * * *
    4.1.8 Ratio of combustion and relief air mass flow rate to 
stoichiometric air mass flow rate. For vented heaters equipped with 
either an integral draft diverter or a draft hood, determine the 
ratio of combustion and relief air mass flow rate to stoichiometric 
air mass flow rate (RT,S), and defined as:

RT,S = A + [B/XCO2S]

where:

A = as determined from Table 2 of this appendix,

[[Page 810]]

B = as determined from Table 2 of this appendix, and
XCO2S = as defined in section 3.1 of this appendix.
* * * * *
    4.1.10 Steady-state efficiency. For vented heaters equipped with 
single-stage thermostats, calculate the steady-state efficiency 
(excluding jacket loss), [eta]SS, expressed in percent 
and defined as:

[eta]SS = 100-LL,A-LS,SS,A

where:

LL,A = latent heat loss, as defined in section 4.1.6 of 
this appendix (for condensing vented heaters LL,A* for 
steady-state conditions), and
LS,SS,A = sensible heat loss at steady-state operation, 
as defined in section 4.1.9 of this appendix.

    For vented heaters equipped with either two stage controls or 
with step-modulating controls, calculate the steady-state efficiency 
at the reduced fuel input rate, [eta]SS-L, expressed in 
percent and defined as:

[eta]SS-L = 100-LL,A-LS,SS,A

where:

LL,A = latent heat loss, as defined in section 4.1.6 of 
this appendix (for condensing vented heaters LL,A* for 
steady-state conditions at the reduced firing rate), and
LS,SS,A = sensible heat loss at steady-state operation, 
as defined in section 4.1.9 of this appendix, in which 
LS,SS,A is determined at the reduced fuel input rate.

    For vented heaters equipped with two stage controls, calculate 
the steady-state efficiency at the maximum fuel input rate, 
[eta]SS-H, expressed in percent and defined as:

[eta]SS-H = 100-LL,A-LS,SS,A

where:

LL,A = latent heat loss, as defined in section 4.1.6 of 
this appendix (for condensing vented heaters LL,A* for 
steady-state conditions at the maximum fuel input rate), and
LS,SS,A = sensible heat loss at steady-state operation, 
as defined in section 4.1.9 of this appendix, in which 
LS,SS,A is measured at the maximum fuel input rate.

    For vented heaters equipped with step-modulating thermostats, 
calculate the weighted-average steady-state efficiency in the 
modulating mode, [eta]SS-MOD, expressed in percent and 
defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.021

where:

[eta]SS-H = steady-state efficiency at the maximum fuel 
input rate, as defined in section 4.1.10 of this appendix,
[eta]SS-L = steady-state efficiency at the reduced fuel 
input rate, as defined in section 4.1.10 of this appendix,
TOA* = average outdoor temperature for vented heaters 
with step-modulating thermostats operating in the modulating mode 
and is obtained from Table 3 or Figure 1 of this appendix, and
TC = balance point temperature which represents a 
temperature used to apportion the annual heating load between the 
reduced input cycling mode and either the modulating mode or maximum 
input cycling mode and is obtained either from Table 3 of this 
appendix or calculated by the following equation:

TC = 65-[(65-15)R]

where:

65 = average outdoor temperature at which a vented heater starts 
operating,
15 = national average outdoor design temperature for vented heaters, 
and
R = ratio of reduced to maximum heat output rates, as defined in 
section 4.1.13 of this appendix.
* * * * *
    4.1.15 Fraction of heating load at maximum operating mode or 
noncycling mode. For vented heaters equipped with either two stage 
thermostats or step-modulating thermostats, determine the fraction 
of heating load at the maximum operating mode or noncycling mode 
(X2) expressed as a decimal and listed in Table 3 of this 
appendix or obtained from Figure 2 of this appendix.
    4.1.16 Weighted-average steady-state efficiency. For vented 
heaters equipped with single-stage thermostats, the weighted-average 
steady-state efficiency ([eta]SS-WT) is equal to 
[eta]SS, as defined in section 4.1.10 of this appendix. 
For vented heaters equipped with two stage thermostats, 
[eta]SS-WT is defined as:

[eta]SS-WT = X1[eta]SS-L + 
X2[eta]SS-H

where:

X1 = as defined in section 4.1.14 of this appendix
[eta]SS-L = as defined in section 4.1.10 of this appendix
X2 = as defined in section 4.1.15 of this appendix
[eta]SS-H = as defined in section 4.1.10 of this appendix
    For vented heaters equipped with step-modulating controls, 
[eta]SS-WT is defined as:

[eta]SS-WT = X1[eta]SS-L + 
X2[eta]SS-MOD

where:

X1 = as defined in section 4.1.14 of this appendix
[eta]SS-L = as defined in section 4.1.10 of this appendix
X2 = as defined in section 4.1.15 of this appendix
[eta]SS-MOD = as defined in section 4.1.10 of this 
appendix
* * * * *
    4.2.1 Average ratio of stack gas mass flow rate to flue gas mass 
flow rate at steady-state operation. For vented heaters equipped 
with either direct vents or direct exhaust or that are outdoor 
units, the average ratio of stack gas mass flow rate to flue gas 
mass flow rate at steady-state operation (S/F) shall be equal to 
unity. (S/F=1) For all other types of vented heaters, calculate (S/
F) defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.022

where:

RT,S = as defined in section 4.1.8 of this appendix with 
XCO2s as measured in section 3.1. of this appendix
RT,F = as defined in section 4.1.7 of this appendix with 
XCO2F as measured in section 3.1. of this appendix
    4.2.2 Multiplication factor for infiltration loss during burner 
on-cycle. Calculate the multiplication factor for infiltration loss 
during burner on-cycle (KI,ON) defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.023

where:

100 = converts a decimal fraction into a percent
0.24 = specific heat of air
A/F = stoichiometric air/fuel ratio, determined in accordance with 
Table 2 of this appendix
S/F = as defined in section 4.2.1 of this appendix
0.7 = infiltration parameter
RT,F = as defined in section 4.1.7 of this appendix
HHVA = average higher heating value of the test fuel, 
determined in accordance with Table 2 of this appendix
* * * * *
    4.2.4.1 For manually controlled heaters with various input rates 
the weighted average

[[Page 811]]

steady-state efficiency ([eta]SS-WT), is determined as 
follows:
[eta]SS-WT = 100-LL,A-LS,SS,A

where:
LL,A = latent heat loss, as defined in section 4.1.6 of 
this appendix (for condensing vented heaters, LL,A* for 
steady-state conditions), and
LS,SS,A = steady-state efficiency at the reduced fuel 
input rate, as defined in section 4.1.9 of this appendix and where 
LL,A and LS,SS,A are determined:
    (1) at 50 percent of the maximum fuel input rate as measured in 
either section 3.1.1 of this appendix for manually controlled gas 
vented heaters or section 3.1.2 of this appendix for manually 
controlled oil vented heaters, or
    (2) at the minimum fuel input rate as measured in either section 
3.1.1 of this appendix for manually controlled gas vented heaters or 
section 3.1.2 of this appendix for manually controlled oil vented 
heaters if the design of the heater is such that the 5 
percent of 50 percent of the maximum fuel input rate cannot be set, 
provided this minimum rate is no greater than \2/3\ of the maximum 
input rate of the heater.
* * * * *
    4.3 Annual fuel utilization efficiency by the tracer gas method. 
The annual fuel utilization efficiency shall be determined by the 
following tracer gas method for all vented heaters equipped with 
thermal stack dampers.
    4.3.1 On-cycle sensible heat loss. For vented heaters equipped 
with single-stage thermostats, calculate the on-cycle sensible heat 
loss (LS,ON) expressed as a percent and defined as:

LS,ON = LS,SS,A

where:

LS,SS,A = as defined in section 4.1.9 of this appendix
For vented heaters equipped with two stage thermostats, calculate 
LS,ON defined as:

LS,ON = X1LS,SS,A-red + 
X2LS,SS,A-max

where:

X1 = as defined in section 4.1.14 of this appendix
LS,SS,A-red = as defined as LS,SS,A in section 
4.1.9 of this appendix at the reduced fuel input rate
X2 = as defined in section 4.1.15 of this appendix
LS,SS,A-max = as defined as LS,SS,A in section 
4.1.9 of this appendix at the maximum fuel input rate
    For vented heaters with step-modulating controls, calculate 
LS,ON defined as:

LS,ON = X1LS,SS,A-red + 
X2LS,SS,A-avg

where:
X1 = as defined in section 4.1.14 of this appendix
LLS,SS,A-red = as defined in section 4.3.1 of this 
appendix
X2 = as defined in section 4.1.15 of this appendix
LS,SS,A-avg = average sensible heat loss for step-
modulating vented heaters operating in the modulating mode
[GRAPHIC] [TIFF OMITTED] TR06JA15.024

where:

LS,SS,A-avg = as defined in section 4.3.1 of this 
appendix
TC = as defined in section 4.1.10 of this appendix
TOA* = as defined in section 4.1.10 of this appendix
15 = as defined in section 4.1.10 of this appendix
    4.3.2 On-cycle infiltration heat loss. For vented heaters 
equipped with single-stage thermostats, calculate the on-cycle 
infiltration heat loss (LI,ON) expressed as a percent and 
defined as:

LI,ON = KI,ON(70-45)

where:

KI,ON = as defined in section 4.2.2 of this appendix
70 = as defined in section 4.2.3 of this appendix
45 = as defined in section 4.2.3 of this appendix
    For vented heaters equipped with two stage thermostats, 
calculate LI,ON defined as:

LI,ON = X1KI,ON-Max(70-
TOA*) + X2KI,ON,red(70-
TOA)

where:

X1 = as defined in section 4.1.14 of this appendix
KI,ON-max = as defined as KI,ON in section 
4.2.2 of this appendix at the maximum heat input rate
70 = as defined in section 4.2.3 of this appendix
TOA* = as defined in section 4.3.4 of this appendix
KI,ON,red = as defined as KI,ON in section 
4.2.2 of this appendix at the minimum heat input rate
TOA = as defined in section 4.3.4 of this appendix
X2 = as defined in section 4.1.15 of this appendix
    For vented heaters equipped with step-modulating thermostats, 
calculate LI,ON defined as:

LI,ON = X1KI,ON-avg(70-
TOA*) + X2KI,ON,red(70-
TOA)

where:

X1 = as defined in section 4.1.14 of this appendix
[GRAPHIC] [TIFF OMITTED] TR06JA15.025

70 = as defined in section 4.2.3 of this appendix
TOA* = as defined in section 4.3.4 of this appendix
X2 = as defined in section 4.1.15 of this appendix
TOA = as defined in section 4.3.4 of this appendix

    4.3.3 Off-cycle sensible heat loss. For vented heaters equipped 
with single-stage thermostats, calculate the off-cycle sensible heat 
loss (LS,OFF) at the maximum fuel input rate. For vented 
heaters equipped with step-modulating thermostats, calculate 
LS,OFF defined as:
LS,OFF = X1 LS,OFF,red

where:

X1 = as defined in section 4.1.14 of this appendix, and
LS,OFF,red = as defined as LS,OFF in section 
4.3.3 of this appendix at the reduced fuel input rate.

    For vented heaters equipped with two stage controls, calculate 
LS,OFF defined as:
LS,OFF = X1 LS,OFF,red 
+X2 LS,OFF,Max

where:

X1 = as defined in section 4.1.14 of this appendix,
LS,OFF,red = as defined as LS,OFF in section 
4.3.3 of this appendix at the reduced fuel input rate,
X2 = as defined in section 4.1.15 of this appendix, and
LS,OFF,Max = as defined as LS,OFF in section 
4.3.3 of this appendix at the maximum fuel input rate.

    Calculate the off-cycle sensible heat loss (LS,OFF) 
expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.026

where:

100 = conversion factor for percent,
0.24 = specific heat of air in Btu per pound--[deg]F,
Qin = fuel input rate, as defined in section 3.1 of this 
appendix in Btu per minute (as appropriate for the firing rate),

[[Page 812]]

ton = average burner on-time per cycle and is 20 minutes,
[Sigma] mS,OFF (TS,OFF -TRA) = 
summation of the ten values (for single-stage or step-modulating 
models) or twenty values (for two tage models) of the quantity, 
mS,OFF (TS,OFF -TRA), measured in 
accordance with section 3.3 of this appendix, and
mS,OFF = stack gas mass flow rate pounds per minute.
[GRAPHIC] [TIFF OMITTED] TR06JA15.027

TS,OFF = stack gas temperature measured in accordance 
with section 3.3 of this appendix,
TRA = average room temperature measured in accordance 
with section 3.3 of this appendix,
PB = barometric pressure in inches of mercury,
VT = flow rate of the tracer gas through the stack in 
cubic feet per minute,
CT* = concentration by volume of the active tracer gas in 
the mixture in percent and is 100 when the tracer gas is a single 
component gas,
CT = concentration by volume of the active tracer gas in 
the diluted stack gas in percent,
TT = temperature of the tracer gas entering the flow 
meter in degrees Fahrenheit, and
(TT +460) = absolute temperature of the tracer gas 
entering the flow meter in degrees Rankine.

    4.3.4 Average outdoor temperature. For vented heaters equipped 
with single-stage thermostats, the average outdoor temperature 
(TOA) is 45[emsp14][deg]F. For vented heaters equipped 
with either two stage thermostats or step-modulating thermostats, 
TOA during the reduced operating mode is obtained from 
Table 3 or Figure 1 of this appendix. For vented heaters equipped 
with two stage thermostats, TOA* during the maximum 
operating mode is obtained from Table 3 or Figure 1 of this 
appendix.
    4.3.5 Off-cycle infiltration heat loss. For vented heaters 
equipped with single stage thermostats, calculate the off-cycle 
infiltration heat loss (LI,OFF) at the maximum fuel input 
rate. For vented heaters equipped with step-modulating thermostats, 
calculate LI,OFF defined as:

LI,OFF = X1LI,OFF,red

where:

X1 = as defined in section 4.1.14 of this appendix
LI,OFF,red = as defined in LI,OFF in section 
4.3.5 of this appendix at the reduced fuel input rate

    For vented heaters equipped with two stage thermostats, 
calculate LI,OFF defined as:

LI,OFF = X1LI,OFF,red + 
X2LI,OFF,max

where:

X1 = as defined in section 4.1.14 of this appendix
LI,OFF,red = as defined as LI,OFF in section 
4.3.5 of this appendix at the reduced fuel input rate
X2 = as defined in section 4.1.15 of this appendix
LI,OFF,Max = as defined as LI,OFF in section 
4.3.5 of this appendix at the maximum fuel input rate

    Calculate the off-cycle infiltration heat loss 
(LI,OFF) expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.028

where:

100 = conversion factor for percent
0.24 = specific heat of air in Btu per pound--[deg]F
1.3 = dimensionless factor for converting laboratory measured stack 
flow to typical field conditions
0.7 = infiltration parameter
70 = assumed average indoor air temperature, [deg]F
TOA = average outdoor temperature as defined in section 
4.3.4 of this appendix
Qin = fuel input rate, as defined in section 3.1 of this 
appendix in Btu per minute (as appropriate for the firing rate)
ton = average burner on-time per cycle and is 20 minutes
[Sigma] mS,OFF = summation of the twenty values of the 
quantity, mS,OFF, measured in accordance with section 3.3 
of this appendix
mS,OFF = as defined in section 4.3.3 of this appendix

    4.3.6 Part-load fuel utilization efficiency. Calculate the part-
load fuel utilization efficiency ([eta]u) expressed as a 
percent and defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.029

where:

Cj = 2.8, adjustment factor,
Lj = jacket loss as defined in section 4.1.5,
LL,A = Latent heat loss, as defined in section 4.1.6 of 
this appendix (for condensing vented heaters LL,A* for 
cyclic conditions),
ton = Average burner on time which is 20 minutes,
LS,ON = On-cycle sensible heat loss, as defined in 
section 4.3.1 of this appendix,
LS,OFF = Off-cycle sensible heat loss, as defined in 
section 4.3.3 of this appendix,
LI,ON = On-cycle infiltration heat loss, as defined in 
section 4.3.2 of this appendix,
LI,OFF = Off-cycle infiltration heat loss, as defined in 
section 4.3.5 of this appendix,
PF = Pilot fraction, as defined in section 4.1.4 of this 
appendix, and
tOFF = average burner off-time per cycle, which is 20 
minutes.
* * * * *
    4.5.1 Optional procedure for determining DP for vented home 
heating equipment. Calculate the ratio (DP) of the rate 
of flue gas mass through the vented heater during the off-period, 
MF,OFF(TF,SS), to the rate of flue gas mass 
flow during the on-period, MF,SS(TF,SS), and 
defined as:

DP = MF,OFF(TF,SS)/
MF,SS(TF,SS)

    For vented heaters in which no draft is maintained during the 
steady-state or cool down tests, MF,OFF(TF,SS) 
is defined as:
[GRAPHIC] [TIFF OMITTED] TR06JA15.030

    For oil fueled vented heaters in which an imposed draft is 
maintained, as described in section 3.6 of this appendix, 
MF,OFF(TF,SS) is defined as:

MF,OFF(TF,SS) = 
MF,OFF(T*F,OFF)

where:

TF,SS = as defined in section 3.1.1 of this appendix,

[[Page 813]]

T*F,OFF = flue gas temperature during the off-period 
measured in accordance with section 3.6 of this appendix in degrees 
Fahrenheit, and
TRA = as defined in section 2.9 of this appendix.
[GRAPHIC] [TIFF OMITTED] TR06JA15.031

PB = barometric pressure measured in accordance with 
section 3.6 of this appendix in inches of mercury,
VT = flow rate of tracer gas through the vented heater 
measured in accordance with section 3.6 of this appendix in cubic 
feet per minute,
CT = concentration by volume of tracer gas present in the 
flue gas sample measured in accordance with section 3.6 of this 
appendix in percent,
CT* = concentration by volume of the active tracer gas in 
the mixture in percent and is 100 when the tracer gas is a single 
component gas,
TT = the temperature of the tracer gas entering the flow 
meter measured in accordance with section 3.6 of this appendix in 
degrees Fahrenheit, and
(TT + 460) = absolute temperature of the tracer gas 
entering the flow meter in degrees Rankine.
MF,SS(TF,SS) = 
Qin[RT,F(A/F)+1]/[60HHVA]
Qin = as defined in section 3.1 of this appendix,
RT,F = as defined in section 4.1.7 of this appendix,
A/F = as defined in section 4.2.2 of this appendix, and
HHVA = as defined in section 4.2.2 of this appendix.

    4.5.2 Optional procedure for determining off-cycle draft factor 
for flue gas flow for vented heaters. For systems numbered 1 through 
10, calculate the off-cycle draft factor for flue gas flow 
(DF) defined as:
DF = DP
For systems numbered 11 or 12: DF = DP 
DO
For systems complying with section 3.6.1 or 3.6.2, DF = 
0.05

Where:

DP = as defined in section 4.5.1. of this appendix, and
DO = as defined in section 4.4 of this appendix.
    4.5.3 Optional procedure for determining off-cycle draft factor 
for stack gas flow for vented heaters. Calculate the off-cycle draft 
factor for stack gas flow (DS) defined as:
For systems numbered 1 or 2: DS = 1.0
For systems numbered 3 or 4: DS = (DP+0.79)/
1.4
For systems numbered 5 or 6: DS = DO
For systems numbered 7 or 8 and if DO(S/
F)S = DO DP
For systems numbered 7 or 8 and if DO(S/F)>1:
DS = DO DP+[0.85-DO 
DP] [DO(S/F)-1]/[S/F-1]

where:

DP = as defined in section 4.5.1 or 3.6.1 of this 
appendix, as applicable
DO = as defined in section 4.4 of this appendix
* * * * *

   Table 1--Off-Cycle Draft Factors for Flue Gas Flow (DF) and for Stack Gas Flow (DS) for Vented Home Heating
                                Equipment Equipped Without Thermal Stack Dampers
----------------------------------------------------------------------------------------------------------------
  System number            (DF)                   (DS)               Burner type        Venting system type \1\
----------------------------------------------------------------------------------------------------------------
1...............  1.0..................  1.0..................  Atmospheric..........  Draft hood or diverter.
2...............  0.4..................  1.0..................  Power................  Draft hood or diverter.
3...............  1.0..................  1.0..................  Atmospheric..........  Barometric draft
                                                                                        regulator.
4...............  0.4..................  0.85.................  Power................  Barometric draft
                                                                                        regulator.
5...............  1.0..................  DO...................  Atmospheric..........  Draft hood or diverter
                                                                                        with damper.
6...............  0.4..................  DO...................  Power................  Draft hood or diverter
                                                                                        with damper.
7...............  1.0..................  DO...................  Atmospheric..........  Barometric draft
                                                                                        regulator with damper.
8...............  0.4..................  DODP.................  Power................  Barometric draft
                                                                                        regulator with damper.
9...............  1.0..................  0....................  Atmospheric..........  Direct vent.
10..............  0.4..................  0....................  Power................  Direct vent.
11..............  DO...................  0....................  Atmospheric..........  Direct vent with damper.
12..............  0.4 DO...............  0....................  Power................  Direct vent with damper.
----------------------------------------------------------------------------------------------------------------
\1\ Venting systems listed with dampers means electromechanical dampers only.

* * * * *
0
6. Revise Appendix P to subpart B of part 430 to read as follows:

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

    Note:  On and after July 6, 2015, any representations made with 
respect to the energy use or efficiency of all pool heaters must be 
made in accordance with the results of testing pursuant to this 
appendix. On and after this date, if a manufacturer makes 
representations of standby mode and off mode energy consumption, 
then testing must also include the provisions of this appendix 
related to standby mode and off mode energy consumption. Until July 
6, 2015, manufacturers must test gas-fired pool heaters in 
accordance with this appendix, or appendix P as it appeared at 10 
CFR part 430, subpart B revised as of January 1, 2014. Any 
representations made with respect to the energy use or efficiency of 
such pool heaters must be in accordance with whichever version is 
selected. DOE notes that, because testing under this appendix P must 
be completed as of July 6, 2015, manufacturers may wish to begin 
using this test procedure immediately.

    1. Definitions.
    1.1 Active mode means the condition during the pool heating 
season in which the pool heater is connected to the power source, 
and the main burner, electric resistance element, or heat pump is 
activated to heat pool water.
    1.2 Coefficient of performance (COP), as applied to heat pump 
pool heaters, means the ratio of heat output in kW to the total 
power input in kW.
    1.3 Electric heat pump pool heater means an appliance designed 
for heating nonpotable water and employing a compressor, water-
cooled condenser, and outdoor air coil.
    1.4 Electric resistance pool heater means an appliance designed 
for heating nonpotable water and employing electric resistance 
heating elements.
    1.5 Fossil fuel-fired pool heater means an appliance designed 
for heating nonpotable water and employing natural gas or oil 
burners.
    1.6 Hybrid pool heater means an appliance designed for heating 
nonpotable water and employing both a heat pump (compressor, water-
cooled condenser, and outdoor air coil) and a fossil fueled burner 
as heating sources.
    1.7 Off mode means the condition during the pool non-heating 
season in which the pool heater is connected to the power source,

[[Page 814]]

and neither the main burner, nor the electric resistance elements, 
nor the heat pump is activated, and the seasonal off switch, if 
present, is in the ``off'' position.
    1.8 Seasonal off switch means a switch that results in different 
energy consumption in off mode as compared to standby mode.
    1.9 Standby mode means the condition during the pool heating 
season in which the pool heater is connected to the power source, 
and neither the main burner, nor the electric resistance elements, 
nor the heat pump is activated.
    2. Test method.
    2.1 Active mode.
    2.1.1 Fossil fuel-fired pool heaters. The test method for 
testing fossil fuel-fired pool heaters in active mode is as 
specified in section 2.10 of ANSI Z21.56 (incorporated by reference, 
see Sec.  430.3), with the following additional clarifications.
    1. Burner input rate is adjusted as specified in section 2.3.3 
of ANSI Z21.56,
    2. Equilibrium is defined as in section 9.1.3 of ASHRAE 146 
(incorporated by reference; see Sec.  430.3)
    3. Units are only to be tested using a recirculating loop and a 
pump if: the use of the recirculating loop and pump are listed as 
required; a minimum flow rate is specified in the installation or 
operation manual provided with the unit; the pump is packaged with 
the unit by the manufacturer; or such use is required for testing.
    4. A water temperature rise of less than 40[deg] F is allowed 
only as specified in the installation or operation manual(s) 
provided with the unit.
    2.1.2 Electric resistance pool heaters. The test method for 
testing electric resistance pool heaters in active mode is as 
specified in ASHRAE 146 (incorporated by reference; see Sec.  
430.3).
    2.1.3 Electric heat pump pool heaters. The test method for 
testing electric heat pump pool heaters in active mode is as 
specified in AHRI 1160 (incorporated by reference; see Sec.  430.3), 
which references ASHRAE 146 (incorporated by reference; see Sec.  
430.3).
    2.1.4 Hybrid pool heaters. [Reserved]
    2.2 Standby mode. The test method for testing the energy 
consumption of pool heaters in standby mode is as described in 
sections 3 through 5 of this appendix.
    2.3 Off mode.
    2.3.1 Pool heaters with a seasonal off switch. For pool heaters 
with a seasonal off switch, no off mode test is required.
    2.3.2 Pool heaters without a seasonal off switch. For pool 
heaters without a seasonal off switch, the test method for testing 
the energy consumption of the pool heater is as described in 
sections 3 through 5 of this appendix.
    3. Test conditions.
    3.1 Active mode.
    3.1.1 Fossil fuel-fired pool heaters. Establish the test 
conditions specified in section 2.10 of ANSI Z21.56 (incorporated by 
reference; see Sec.  430.3).
    3.1.2 Electric resistance pool heaters. Establish the test 
conditions specified in section 9.1.4 of ASHRAE 146 (incorporated by 
reference; see Sec.  430.3).
    3.1.3 Electric heat pump pool heaters. Establish the test 
conditions specified in section 5 of AHRI 1160. The air temperature 
surrounding the unit shall be at the ``High Air Temperature--Mid 
Humidity (63% RH)'' level specified in section 6 of AHRI 1160 
(incorporated by reference, see Sec.  430.3) (80.6 [deg]F [27.0 
[deg]C] Dry-Bulb, 71.2 [deg]F [21.8 [deg]C]).
    3.1.4 Hybrid pool heaters. [Reserved]
    3.2 Standby mode and off mode. After completing the active mode 
tests described in sections 3.1 and 4.1 of this appendix, reduce the 
thermostat setting to a low enough temperature to put the pool 
heater into standby mode. Reapply the energy sources and operate the 
pool heater in standby mode for 60 minutes.
    4. Measurements
    4.1 Active mode
    4.1.1 Fossil fuel-fired pool heaters. Measure the quantities 
delineated in section 2.10 of ANSI Z21.56 (incorporated by 
reference; see Sec.  430.3). The measurement of energy consumption 
for oil-fired pool heaters in Btu is to be carried out in 
appropriate units (e.g., gallons).
    4.1.2 Electric resistance pool heaters. Measure the quantities 
delineated in section 9.1.4 of ASHRAE 146 (incorporated by 
reference; see Sec.  430.3) during and at the end of the 30-minute 
period when water is flowing through the pool heater.
    4.1.3 Electric heat pump pool heaters. Measure the quantities 
delineated in section 9.1.1 and Table 2 of ASHRAE 146 (incorporated 
by reference; see Sec.  430.3). Record the elapsed time, 
tHP, from the start of electric power metering to the 
end, in minutes.
    4.1.4 Hybrid pool heaters. [Reserved]
    4.2 Standby mode. For all pool heaters, record the average 
electric power consumption during the standby mode test, 
PW,SB, in W, in accordance with section 5 of IEC 62301 
(incorporated by reference; see Sec.  430.3). For fossil fuel-fired 
pool heaters, record the fossil fuel energy consumption during the 
standby test, Qp, in Btu. (Milli-volt electrical 
consumption need not be considered in units so equipped.) Ambient 
temperature and voltage specifications in section 4.1 of this 
appendix shall apply to this standby mode testing. Round the 
recorded standby power (PW,SB) to the second decimal 
place, and for loads greater than or equal to 10 W, record at least 
three significant figures.
    4.3 Off mode.
    4.3.1 Pool heaters with a seasonal off switch. For pool heaters 
with a seasonal off switch, the average electric power consumption 
during the off mode, PW,OFF = 0, and the fossil fuel 
energy consumed during the off mode, Qoff = 0.
    4.3.2 Pool heaters without a seasonal off switch. For all pool 
heaters without a seasonal off switch, record the average electric 
power consumption during the standby/off mode test, 
PW,OFF = PW,SB, in W, in accordance with 
section 5 of IEC 62301 (incorporated by reference; see Sec.  430.3). 
For fossil fuel-fired pool heaters without a seasonal off switch, 
record the fossil fuel energy consumption during the off mode test, 
Qoff (= Qp), in Btu. (Milli-volt electrical 
consumption need not be considered in units so equipped.) Ambient 
temperature and voltage specifications in section 4.1 of this 
appendix shall apply to this off mode testing. Round the recorded 
off mode power (PW,OFF) to the second decimal place, and 
for loads greater than or equal to 10 W, record at least three 
significant figures.
    5. Calculations.
    5.1 Thermal efficiency.
    5.1.1 Fossil fuel-fired pool heaters. Calculate the thermal 
efficiency, Et (expressed as a percent), as specified in 
section 2.10 of ANSI Z21.56 (incorporated by reference; see Sec.  
430.3). The expression of fuel consumption for oil-fired pool 
heaters shall be in Btu.
    5.1.2 Electric resistance pool heaters. Calculate the thermal 
efficiency, Et (expressed as a percent), as specified in 
section 11.1 of ASHRAE 146 (incorporated by reference; see Sec.  
430.3).
    5.1.3 Electric heat pump pool heaters. Calculate the COP 
according to section 11.1 of ASHRAE 146. Calculate the thermal 
efficiency, Et (expressed as a percent): Et = 
COP.
    5.1.4 Hybrid pool heaters. [Reserved]
    5.2 Average annual fossil fuel energy for pool heaters. For 
electric resistance and electric heat pump pool heaters, the average 
annual fuel energy for pool heaters, EF =0.
    For fossil fuel-fired pool heaters, the average annual fuel 
energy for pool heaters, EF, is defined as:

EF = BOH QIN + (POH-BOH)QPR + (8760 
- POH) Qoff,R

Where:

BOH = average number of burner operating hours = 104 h,
POH = average number of pool operating hours = 4,464 h,
QIN = rated fuel energy input as defined according to 
section 2.10.1 or section 2.10.2 of ANSI, Z21.56 (incorporated by 
reference; see Sec.  430.3), as appropriate. (For electric 
resistance and electric heat pump pool heaters, QIN = 
0.),
QPR = average energy consumption rate of continuously 
operating pilot light, if employed, = (QP/1 h),
QP = energy consumption of continuously operating pilot 
light, if employed, as measured in section 4.2 of this appendix, in 
Btu,
8760 = number of hours in one year,
Qoff,R = average off mode fossil fuel energy consumption 
rate = Qoff/(1 h), and
Qoff = off mode energy consumption as defined in section 
4.3 of this appendix.
    5.3 Average annual electrical energy consumption for pool 
heaters. The average annual electrical energy consumption for pool 
heaters, EAE, is expressed in Btu and defined as:
(1) EAE = EAE,active + 
EAE,standby,off
(2) EAE,active = BOH * PE
(3) EAE,standby,off = (POH-BOH) PW,SB(Btu/h) + 
(8760-POH) PW,OFF(Btu/h)

where:

EAE,active = electrical consumption in the active mode,
EAE,standby,off = auxiliary electrical consumption in the 
standby mode and off mode,
PE = 2Ec, for fossil fuel-fired heaters tested according 
to section 2.10.1 of ANSI Z21.56 (incorporated by reference; see

[[Page 815]]

Sec.  430.3) and for electric resistance pool heaters, in Btu/h,
= 3.412 PErated, for fossil fuel-fired heaters tested 
according to section 2.10.2 of ANSI Z21.56, in Btu/h,
= Ec,HP * (60/tHP), for electric heat pump 
pool heaters, in Btu/h.
Ec = electrical consumption in Btu per 30 min. This 
includes the electrical consumption (converted to Btus) of the pool 
heater and, if present, a recirculating pump during the 30-minute 
thermal efficiency test. The 30-minute thermal efficiency test is 
defined in section 2.10.1 of ANSI Z21.56 for fossil fuel-fired pool 
heaters and section 9.1.4 of ASHRAE 146 (incorporated by reference; 
see Sec.  430.3) for electric resistance pool heaters.
2 = conversion factor to convert unit from per 30 min. to per h.
PErated = nameplate rating of auxiliary electrical 
equipment of heater, in Watts
Ec,HP = electrical consumption of the electric heat pump 
pool heater (converted to equivalent unit of Btu), including the 
electrical energy to the recirculating pump if used, during the 
thermal efficiency test, as defined in section 9.1 of ASHRAE 146, in 
Btu.
tHP = elapsed time of data recording during the thermal 
efficiency test on electric heat pump pool heater, as defined in 
section 9.1 of ASHRAE 146, in minutes.
BOH = as defined in section 5.2 of this appendix,
POH = as defined in section 5.2 of this appendix,
PW,SB (Btu/h) = electrical energy consumption rate during 
standby mode expressed in Btu/h = 3.412 PW,SB, Btu/h,
PW,SB = as defined in section 4.2 of this appendix,
PW,OFF (Btu/h) = electrical energy consumption rate 
during off mode expressed in Btu/h = 3.412 PW,OFF, Btu/h, 
and
PW,OFF = as defined in section 4.3 of this appendix.
    5.4 Integrated thermal efficiency.
    5.4.1 Calculate the seasonal useful output of the pool heater 
as:
EOUT = BOH[(Et/100)(QIN + PE)]

where:

BOH = as defined in section 5.2 of this appendix,
Et = thermal efficiency as defined in section 5.1 of this 
appendix,
QIN = as defined in section 5.2 of this appendix,
PE = as defined in section 5.3 of this appendix, and
100 = conversion factor, from percent to fraction.
    5.4.2 Calculate the annual input to the pool heater as:
EIN = EF + EAE

where:

EF = as defined in section 5.2 of this appendix, and
EAE = as defined in section 5.3 of this appendix.
    5.4.3 Calculate the pool heater integrated thermal efficiency 
(TEI) (in percent).
TEI = 100(EOUT/EIN)

where:

EOUT = as defined in section 5.4.1 of this appendix,
EIN = as defined in section 5.4.2 of this appendix, and
100 = conversion factor, from fraction to percent.
[FR Doc. 2014-30748 Filed 1-5-15; 8:45 am]
BILLING CODE 6450-01-P
```