63410 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

553; the NRC is proposing to adopt the 

following amendments to 10 CFR part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act secs. 51, 53, 

57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 

187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 

2077, 2092, 2093, 2095, 2099, 2111, 2201, 

2232, 2233, 2234, 2236, 2237, 2238, 2273, 

2282, 2021); Energy Reorganization Act sec. 

201, 202, 206, 211 (42 U.S.C. 5841, 5842, 

5846, 5851); National Environmental Policy 

Act sec. 102 (42 U.S.C. 4332); Nuclear Waste 

Policy Act secs. 131, 132, 133, 135, 137, 141, 

148 (42 U.S.C. 10151, 10152, 10153, 10155, 

10157, 10161, 10168); sec. 1704, 112 Stat. 

2750 (44 U.S.C. 3504 note); Energy Policy Act 

of 2005, Pub. L. No. 109–58, 119 Stat. 549 

(2005). 

Section 72.44(g) also issued under secs. 

Nuclear Waste Policy Act 142(b) and 148(c), 

(d) (42 U.S.C. 10162(b), 10168(c), (d)). 

Section 72.46 also issued under Atomic 

Energy Act sec. 189 (42 U.S.C. 2239); Nuclear 

Waste Policy Act sec. 134 (42 U.S.C. 10154). 

Section 72.96(d) also issued under Nuclear 

Waste Policy Act sec. 145(g) (42 U.S.C. 

10165(g)). Subpart J also issued under 

Nuclear Waste Policy Act secs. 117(a), 141(h) 

(42 U.S.C. 10137(a), 10161(h)). Subpart K is 

also issued under sec. 218(a) (42 U.S.C. 

10198). 

■ 2. In § 72.214, Certificate of 

Compliance 1004 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1004. 

Initial Certificate Effective Date: 

January 23, 1995. 

Amendment Number 1 Effective Date: 

April 27, 2000. 

Amendment Number 2 Effective Date: 

September 5, 2000. 

Amendment Number 3 Effective Date: 

September 12, 2001. 

Amendment Number 4 Effective Date: 

February 12, 2002. 

Amendment Number 5 Effective Date: 

January 7, 2004. 

Amendment Number 6 Effective Date: 

December 22, 2003. 

Amendment Number 7 Effective Date: 

March 2, 2004. 

Amendment Number 8 Effective Date: 

December 5, 2005. 

Amendment Number 9 Effective Date: 

April 17, 2007. 

Amendment Number 10 Effective 

Date: August 24, 2009. 

Amendment Number 11 Effective 

Date: January 7, 2014. 

SAR Submitted by: Transnuclear, Inc. 

SAR Title: Final Safety Analysis 

Report for the Standardized NUHOMS®

Horizontal Modular Storage System for 

Irradiated Nuclear Fuel. 

Docket Number: 72–1004. 

Certificate Expiration Date: January 

23, 2015. 

Model Number: NUHOMS®–24P, 

–24PHB, –24PTH, –32PT, –32PTH1, 

–52B, –61BT, and –61BTH. 

* * * * * 

Dated at Rockville, Maryland, this 2nd day 

of October, 2013. 

For the Nuclear Regulatory Commission. 

Mark A. Satorius, 

Executive Director for Operations. 

[FR Doc. 2013–24905 Filed 10–23–13; 8:45 am] 

BILLING CODE 7590–01–P 

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: Notice of proposed rulemaking 

and public meeting. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to revise its test 

procedures for direct heating equipment 

and pool heaters established under the 

Energy Policy and Conservation Act. 

This rulemaking will fulfill DOE’s 

statutory obligation to review its test 

procedures for covered products at least 

once every seven years. For direct 

heating equipment, the proposed 

amendments would add provisions for 

testing vented home heating equipment 

that utilizes condensing technology, and 

to incorporate by reference six industry 

test standards to replace the outdated 

test standards which are referred to in 

the existing DOE test procedure. These 

industry standards reflect the current 

practice in test set-up and test 

conditions for testing direct heating 

equipment. For pool heaters, the 

proposed amendments would 

incorporate by reference ANSI/Airconditioning, Heating, and Refrigeration 

Institute (AHRI) Standard 1160–2009, 

‘‘Performance Rating of Heat Pump Pool 

Heaters,’’ and ANSI/American Society 

of Heating, Refrigerating, and Airconditioning 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 

proposed amendments would also 

clarify the test procedure’s applicability 

to oil-fired pool heaters. DOE is also 

announcing a public meeting to discuss 

and receive comments on issues 

presented in this test procedure 

rulemaking. 

DATES: Comments: DOE will accept 

comments, data, and information 

regarding this notice of proposed 

rulemaking (NOPR) before and after the 

public meeting, but no later than 

January 7, 2014. See section V, ‘‘Public 

Participation,’’ for details. 

Meeting: DOE will hold a public 

meeting on Wednesday, December 4, 

2013, from 9:00 a.m. to 4:00 p.m., in 

Washington, DC. The meeting will also 

be broadcast as a webinar. See section 

V, ‘‘Public Participation,’’ for webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585. To attend, 

please notify Ms. Brenda Edwards at 

(202) 586–2945. For more information, 

refer to section V, ‘‘Public 

Participation,’’ near the end of this 

notice of proposed rulemaking. 

Interested persons are encouraged to 

submit comments using the Federal 

eRulemaking Portal at 

www.regulations.gov. Alternatively, 

interested persons may submit 

comments, identified by docket number 

EERE–2013–BT–TP–0004 and/or RIN 

1904–AC94, by any of the following 

methods: 

• Email: 

DirectHeatingPoolHeaters2013TP0004@

ee.doe.gov. Include EERE–2013–BT– 

TP–0004 and/or RIN 1904–AC94 in the 

subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format, and avoid the use of special 

characters or any form of encryption. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63411 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., 6th Floor, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V of this document (Public 

Participation). 

Docket: A link to the docket Web page 

can be found at: http://

www.regulations.gov/

# !docketDetail;D=EERE-2013-BT-TP0004. This Web page contains a link to 

the docket for this notice of proposed 

rulemaking on the www.regulations.gov 

site. The www.regulations.gov Web page 

contains simple instructions on how to 

access all documents, including Federal 

Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials in the docket. See 

section V, ‘‘Public Participation,’’ for 

information on how to submit 

comments through 

www.regulations.gov. 

For information on how to submit a 

comment, review other public 

comments and the docket, or participate 

in the public meeting, 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. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. Email: 

Eric.Stas@hq.doe.gov. 

For information on how to submit or 

review public comments, contact Ms. 

Brenda Edwards, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Email: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Summary of the Notice of Proposed 

Rulemaking 

III. Discussion 

A. Test Procedure for Direct Heating 

Equipment 

1. Vented Home Heating Equipment 

Employing Condensing Technology 

2. Updating of Industry Reference 

Standards 

3. Other Issues 

B. Test Procedure for Pool Heaters 

1. Electric Pool Heaters 

2. Other Issues 

C. Compliance with Other EPCA 

Requirements 

IV. Procedural Issues and Regulatory Review 

A. Administrative Procedure Act 

B. Review Under Executive Order 12866 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act of 1995 

E. Review Under the National 

Environmental Policy Act of 1969 

F. Review Under Executive Order 13132 

G. Review Under Executive Order 12988 

H. Review Under the Unfunded Mandates 

Reform Act of 1995 

I. Review Under the Treasury and General 

Government Appropriations Act, 1999 

J. Review Under Executive Order 12630 

K. Review Under Treasury and General 

Government Appropriations Act, 2001 

L. Review Under Executive Order 13211 

M. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

V. Public Participation 

A. Attendance at the Public Meeting 

B. Procedure for Submitting Requests to 

Speak and Prepared General Statements 

for Distribution 

C. Conduct of Public Meeting 

D. Submission of Comments 

E. Issues on Which DOE Seeks Comment 

VI. Approval of the Office of the Secretary 

I. Authority and Background 

Title III, Part B1 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 

today’s notice: direct heating equipment 

and pool heaters. (42 U.S.C. 6292(a)(9) 

and (11)) 

Under EPCA, this 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 the extent to which the 

proposed test procedure would alter the 

product’s measured energy efficiency. 

(42 U.S.C. 6293(e)(1)) If DOE determines 

that the amended test procedure would 

alter the measured energy efficiency of 

a covered product, DOE must amend the 

applicable energy conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) 

Further, the Energy Independence and 

Security Act of 2007 (EISA 2007) 

amended EPCA to require that at least 

once every 7 years, DOE must review 

test procedures for all covered products 

and either amend test procedures (if the 

Secretary determines that amended test 

procedures would more accurately or 

fully comply with the requirements of 

42 U.S.C. 6293(b)(3)) or publish notice 

in the Federal Register of any 

determination not to amend a test 

procedure. (42 U.S.C. 6293(b)(1)(A)) 

Under this requirement, DOE must 

review the test procedures for the 

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63412 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

3For more information, please visit DOE’s Web 

site at: http://www1.eere.energy.gov/buildings/ 

appliance_standards/residential/waterheaters.html. 

4The 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. 

various types of direct heating 

equipment and pool heaters not later 

than December 19, 2014 (i.e., 7 years 

after the enactment of EISA 2007). The 

final rule resulting from this rulemaking 

will satisfy this requirement. 

There are separate test procedures for 

the two types of direct heating 

equipment (i.e., vented home heating 

equipment and unvented home heating 

equipment), specifically 10 CFR 

430.23(g) and 10 CFR part 430, subpart 

B, appendix G for unvented home 

heating equipment (‘‘unvented heater’’); 

and 10 CFR 430.23(o) and 10 CFR part 

430, subpart B, appendix O for vented 

home heating equipment (‘‘vented 

heater’’). The vented heater test 

procedures include provisions for 

determining energy efficiency (annual 

fuel utilization efficiency (AFUE)), as 

well as annual energy consumption. 

Unvented heaters are broken into two 

groups: those used as the primary 

heating source for the home and those 

not used for this purpose. There are no 

provisions for calculating either the 

energy efficiency or annual energy 

consumption of unvented heaters that 

are not used as the primary heating 

source for the home. 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. 

DOE’s test procedures for pool heaters 

are found at 10 CFR 430.23(p) and 10 

CFR part 430, subpart B, appendix P. 

The test procedures include 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 recently completed 

a rulemaking to consider amending its 

test procedures for direct heating 

equipment and pool heaters to include 

provisions for measuring the standby 

mode and off mode energy consumption 

of those products. DOE published a 

notice of proposed rulemaking (NOPR) 

in the Federal Register on August 30, 

2010, which proposes amendments to 

the DOE test procedures for heating 

products to account for the standby 

mode and off mode energy consumption 

of these products, as required under 

EPCA.3 75 FR 52892. DOE published a 

supplemental notice of proposed 

rulemaking (SNOPR) in the Federal 

Register on September 13, 2011, which 

calls for the use of the second edition of 

International Electrotechnical 

Commission (IEC) Standard 62301, 

‘‘Household Electrical Appliances— 

Measurement of standby power,’’ in lieu 

of the first edition and also provides 

guidance on rounding and sampling. 76 

FR 56347. 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 several 

other potential issues in DOE’s existing 

test procedures for the covered 

products. DOE addresses these nonstandby/off mode issues separately in 

today’s NOPR. 

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 

direct heating equipment and pool 

heaters. 76 FR 63211.4 DOE accepted 

comments and information on the 

October 2011 RFI until November 28, 

2011 and considered all feedback 

received when developing the proposals 

contained in this notice of proposed 

rulemaking. Each of the issues raised in 

the October 2011 RFI are discussed in 

detail in section III, along with 

comments received on the issues and 

DOE’s responses. In addition, several 

topics not addressed in the October 

2011 RFI, but brought up by interested 

parties in their comments, are discussed 

in section III of this NOPR. 

II. Summary of the Notice of Proposed 

Rulemaking 

In this NOPR, DOE proposes to 

modify the current test procedures for 

direct heating equipment and pool 

heaters. For direct heating equipment, 

the proposed amendments would add 

provisions for testing vented home 

heating equipment that utilizes 

condensing technology, and update all 

references in the existing test procedure. 

For pool heaters, the proposed 

amendments would incorporate by 

reference ANSI/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 Airconditioning Engineers (ASHRAE) 

Standard 146–2011, ‘‘Method of Testing 

and Rating Pool Heaters,’’ to establish 

testing procedures for electric 

(including heat pump) pool heaters. The 

proposed amendments for pool heaters 

would also clarify the test procedure’s 

applicability to gas-fired and oil-fired 

pool heaters. The following paragraphs 

summarize these proposed changes for 

both product types. 

For direct heating equipment, DOE 

proposes in today’s NOPR 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 103–2007, ‘‘Method of Test for 

Annual Fuel Utilization Efficiency of 

Residential Central Furnaces and 

Boilers’’; (2) ANSI Z21.86–2008, ‘‘GasFired 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’’; and (6) UL 896–1993, 

‘‘Standard for Safety for Oil-Burning 

Stoves.’’ DOE also proposes to establish 

a test method to determine the annual 

fuel utilization efficiency of vented 

home heating products that use 

condensing technology. Lastly, DOE 

proposes to reduce the test burden for 

floor furnaces by allowing a default 

assigned value for jacket loss in lieu of 

testing. 

For pool heaters, DOE clarifies in 

today’s NOPR the applicability of the 

test method for oil-fired products. DOE 

also proposes to adopt new provisions 

for testing electric pool heaters, 

including heat pump pool heaters. DOE 

proposes that electric pool heaters be 

tested in accordance with ASHRAE 

Standard 146–2011, and that heat pump 

pool heaters be tested using the test 

method prescribed in AHRI 1160–2009 

with an accompanying conversion of the 

Coefficient of Performance metric used 

in that standard to thermal efficiency as 

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 as determined under the 

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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63413 

existing test procedure. (42 U.S.C. 

6293(e)(1)) If DOE determines that the 

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) For 

both direct heating equipment and pool 

heaters, DOE has tentatively 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 tentative conclusion is 

provided in section III.C below. 

III. Discussion 

In response to the October 2011 RFI, 

DOE received eight written comments 

related to two covered products, direct 

heating equipment (DHE) and pool 

heaters, from the following interested 

parties: American Council for an 

Energy-Efficient Economy (ACEEE), 

American Gas Association (AGA), AirConditioning, Heating, and Refrigeration 

Institute (AHRI), Empire Stove, Hearth & 

Home Technologies (HHT), National 

Propane Gas Association (NPGA), 

Hearth, Patio & Barbecue Association 

(HPBA), and Miles Industries Ltd. 

(Miles Industries). These interested 

parties commented on a range of issues, 

including those DOE identified in the 

October 2011 RFI, as well as several 

other pertinent issues. The issues on 

which DOE received comment, DOE’s 

responses to those comments, and the 

proposed changes to the test procedures 

for direct heating equipment and pool 

heaters resulting from those comments 

are discussed in the subsections 

immediately below. 

DOE notes that, because of a recent 

decision of the U.S. Court of Appeals for 

the District of Columbia (DC Circuit), 

DOE is not addressing the comments 

relating to the application of the test 

procedure to vented hearth heaters. On 

February 8, 2013, the DC Circuit 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. 

Hearth, Patio & Barbecue Association v. 

U.S. Department of Energy, 706 F.3d 

499, 509 (D.C. Cir. 2013). DOE will 

address the comments received on the 

October 2011 RFI regarding the 

application of the DHE test procedures 

to vented hearth heaters in a separate 

rulemaking devoted to those products. 

A. Test Procedure for Direct Heating 

Equipment 

In response to the October 2011 RFI, 

DOE received comments from eight 

interested parties, all of which 

addressed the DOE test procedures for 

direct heating equipment. (AGA, AHRI, 

Miles Industries, HPBA, Empire Stove, 

HHT, ACEEE, and NPGA) Generally, the 

comments were supportive of DOE’s 

efforts to update, improve, and clarify 

its test procedures for DHE. The 

comments focused on two key issues: 

(1) Clarification of the test procedures as 

applied to vented hearth heating 

products; and (2) the expansion of the 

test procedures to accommodate DHE 

with condensing technology. Regarding 

the first issue, as noted above, DOE will 

address comments related to vented 

hearth heaters in a later rulemaking. 

Regarding the second issue, as part of 

DOE’s overall review of test procedures, 

these proposed DHE amendments 

include a complete updating of 

references to industry standards used in 

the DHE test procedures and 

modifications to the test procedures for 

jacket loss measurement. 

1. Vented Home Heating Equipment 

Employing Condensing Technology 

DOE received comments on the 

October 2011 RFI that encouraged DOE 

to develop and adopt new test 

procedure provisions to properly 

measure the efficiency of gas-fired direct 

heating equipment designed to operate 

using condensing technology. (Empire, 

No. 7 at p. 1; AHRI, No. 12 at p. 3; 

HPBA, No. 26 at p. 1) 

Condensing technology is a design 

strategy that increases the efficiency of 

a heating appliance by extracting 

additional thermal energy from the flue 

gases, thereby reducing the flue gas 

temperatures and air flow such that the 

water vapor created in the combustion 

process becomes a liquid condensate. 

Normally, in non-condensing systems, 

the water vapor created in the 

combustion process remains as a vapor 

and is removed through the flue system 

along with the other products of 

combustion. However, in condensing 

systems, the condensing of the water 

vapor is a result of the reduction in the 

overall flue energy loss of the flue gas 

(i.e., an energy efficiency improvement). 

The test procedures for furnaces and 

boilers have provisions to account for 

the increased efficiency of models that 

utilize condensing technology. 

However, no such provisions are 

included in the existing test procedures 

for vented heaters. 

Today’s proposed amendments would 

account for the increased efficiency of 

vented direct heating equipment 

utilizing condensing technology. The 

proposed amendments are similar to 

those found in DOE’s furnace and boiler 

test procedures (10 CFR Part 430, 

Subpart B, Appendix N), with 

differences and clarifications 

appropriate for the vented direct heating 

equipment product type. More 

specifically, the additional provisions 

proposed for vented heaters are 

essentially the same as those contained 

in the latest version of the ANSI/ 

ASHRAE Standard 103–2007, ‘‘Method 

of Testing for Annual Fuel Utilization 

Efficiency of Residential Central 

Furnaces and Boilers.’’ DOE is 

proposing that ANSI/ASHRAE 103– 

2007 be incorporated by reference into 

these test procedures by this NOPR for 

purposes of certain other AFUE test 

provisions. 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 heaters, DOE proposes 

incorporating the condensing 

procedures as stand-alone amendments 

to DOE’s vented heater test procedure, 

rather than incorporating by reference 

select provisions of ANSI/ASHRAE 

Standard 103–2007. 

Basically, the proposed amendments 

for vented heaters with condensing 

technology would utilize a condensate 

collection methodology that requires a 

separate test to be run to quantify 

directly the extent of the efficiency 

credit appropriate for a given vented 

heater’s particular design of condensing 

technology. This methodology requires 

direct collection of liquid condensate. 

For vented heaters employing 

condensing technology that are not 

designed to collect and dispose of liquid 

condensate, the amendments clarify that 

such means must be provided during 

testing. The duration of the condensate 

collection test time would be 30 

minutes for steady-state testing and 1– 

2 hours for cyclic testing. 

DOE is interested in receiving 

comment on the adequacy of the 

proposed provisions for determining the 

efficiency improvement associated with 

vented heaters that utilize condensing 

technology. DOE is also interested in 

any further clarifications or 

modifications that might be necessary. 

This is identified as issue 1 in section 

V.E, ‘‘Issues on Which DOE Seeks 

Comment.’’ 

2. Updating of Industry Reference 

Standards 

The October 2011 RFI sought 

comment on other relevant issues that 

would affect the test procedures for 

direct heating equipment (both vented 

type and unvented type). 76 FR 63211, 

63215 (Oct. 12, 2011). Interested parties 

were encouraged to provide comments 

on any aspect of the test procedure, 

including updates to referenced 

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63414 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

standards, as part of this comprehensive 

7-year-review rulemaking. 

AGA commented that the existing test 

procedure for direct heating equipment 

cites installation requirements from 

ANSI standards for vented wall furnaces 

and vented floor furnaces but does not 

reference the applicable ANSI standard 

for vented room heaters. (AGA, No. 13 

at pp. 2–3) Accordingly, AGA 

recommended that DOE revise section 

2.1.3 of the DOE test procedure in order 

to provide complete installation 

requirements for testing of vented room 

heaters based on the applicable ANSI 

design certification standards, which 

AGA identified as ANSI Z21.11, ‘‘Gas 

Fired Room Heaters.’’ 

In addition to addressing this 

referencing concern pointed out by 

AGA, DOE is taking this opportunity to 

fully review all the referenced standards 

in the DHE test procedure as part of this 

7-year review process. The following is 

a list of the shorthand titles and full 

titles of all the referenced standards 

currently used and proposed for use in 

the DHE test procedure. 

Standards Currently Used in Existing 

Test Procedures for DHE: 

‘‘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. 

‘‘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 Proposed for Use in the 

Test Procedures for DHE: 

‘‘ANSI/ASHRAE 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.’’ 

‘‘UL 896–1993’’ means the test 

standard published by the Underwriters 

Laboratory, Inc. titled, ‘‘Standard for 

Safety for Oil-Burning Stoves.’’ 

As a result of the full review, DOE 

proposes a number of changes. In most 

cases, the proposed changes reflect the 

updating of the specific references to the 

most current version. This updating 

allows 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, the 

updated reference bundles several of the 

current references under a new title. 

This is the case where the current 

separate ANSI standards for wall 

furnaces, floor furnaces, and room 

heaters have been combined into a 

single standard for these three types of 

vented heaters. This new standard is 

titled, ‘‘Vented Gas-Fired Space Heating 

Appliances’’ referred to as ‘‘ANSI 

Z21.86–2008’’ in the proposed 

amendments. ANSI Z21.86–2008 is 

proposed for purposes of specifying the 

testing procedures related to circulation 

air, section 2.5, and location of 

temperature measuring instrumentation, 

section 2.6.1. In addition, DOE is 

proposing to use ANSI Z21.86–2008 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. 

However, since ANSI Z21.86–2008 does 

not include installation specifications 

for vented room heaters and vented 

floor furnaces, the installation 

specifications of the corresponding UL 

standard for that product type would be 

used. 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 vented heaters (i.e., 

section 2.1.2). As there are no 

installation specifications available in 

ANSI Z21.86–2008 for vented room 

heaters and vented floor furnaces, DOE 

tentatively proposes to follow this 

approach and use the corresponding UL 

standards for installation provisions. 

Finally, in three places (sections 2.3 

Fuel supply, 2.4 Burner adjustments, 

and 3.2 Jacket loss), DOE proposes to 

use a new reference thought to be more 

appropriate for these test procedures. 

Specifically, ANSI/ASHRAE Standard 

103–2007, ‘‘Method of Testing for 

Annual Fuel Utilization Efficiency of 

Residential Furnaces and Boilers,’’ is 

proposed for use in lieu of three older 

standards referenced in these three 

sections of the existing DOE test 

procedure. DOE believes this migration 

to ANSI/ASHRAE Standard 103 is 

appropriate because it is essentially the 

same test method used in the current 

DHE test procedure (i.e., the AFUE test 

method) and incorporates the latest 

industry consensus on such testing 

without the need to depend on other 

references. DOE tentatively concludes 

that these changes and updates would 

neither result in any material 

differences in test results nor increase 

the test procedure burden. 

DOE proposes to list all of the 

referenced industry standards in 10 CFR 

430.3, Materials incorporated by 

reference. As explained above, DOE 

tentatively concludes that these 

incorporation by reference changes and 

updates would neither result in any 

material differences in the test results 

nor increase test procedure burden. DOE 

solicits comment on this tentative 

conclusion, as well as the adequacy of 

the proposed updating of referenced 

standards. DOE is also interested in any 

further clarification or modifications 

that may be necessary. This is identified 

as issue 2 in section V.E, ‘‘Issues on 

Which DOE Seeks Comment.’’ 

3. Other Issues 

As part of its review of the existing 

test procedures, DOE identified three 

additional test procedure issues that it 

believes should be addressed in this 

rulemaking: (1) The jacket loss test for 

floor furnaces; (2) testing of manually 

controlled vented heaters; and (3) 

clarification of section 3.3 tracer gas 

procedures as applied to vented heaters 

without thermal stack dampers. 

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5 In an August 2010 NOPR, DOE proposed to use 

the most recent version of this standard, ANZI 

Z21.56–2006. 75 FR 52892, 52899–901 (August 30, 

2010). 

First, DOE noticed that the jacket loss 

measurement test, which is required for 

all vented floor furnaces by section 3.2 

of the existing DOE test procedure, is 

inconsistent as compared to the similar 

procedures required for outdoorinstalled (weatherized) furnaces and 

boilers. The current jacket loss test for 

DHE uses the procedures from outdated 

ANSI Standard Z21.48–1975. (As 

mentioned above in the discussion 

about updating references, the newly 

proposed industry reference for jacket 

loss testing is ANSI/ASHRAE Standard 

103–2007). The jacket loss test in ANSI 

Standard Z21.48–1975, as well as the 

essentially identical provisions of ANSI/ 

ASHRAE Standard 103–2007, represent 

a considerable test burden. In view of 

this burden, the DOE test procedures for 

furnaces and boilers, through the 

referencing of ANSI/ASHRAE Standard 

103–1993, allow for an assignment of 

jacket loss in lieu of testing. The 

assigned jacket loss value of 1 percent 

for furnaces and boilers is thought to be 

a reasonably conservative value (i.e., 

one that typically would be higher than 

the tested value). This allows for the 

manufacturer to weigh the burden of 

jacket loss testing against the likely 

conservative rating associated with a 

default value. This conservative default 

value approach is used throughout the 

DOE test procedures where appropriate 

(e.g., cyclic degradation coefficient 

assignment for central air conditioners, 

jacket loss assignment for furnaces and 

boilers). In consideration of the test 

burden associated with the jacket loss 

test and the desire for consistency 

across the test procedures, DOE has 

tentatively concluded that 

manufacturers should be allowed the 

choice either to conduct actual jacket 

loss testing or to accept a reasonably 

conservative default value under the 

DHE test procedure. Accordingly, DOE 

is proposing that section 3.2, Jacket loss 

measurement, be amended to include 

the option of assigning the value of one 

percent for the jacket loss in lieu of 

testing. 

DOE solicits comment on adding this 

allowance and the appropriateness of 

the assigned value of 1 percent. This is 

identified as issue 3 in section V.E, 

‘‘Issues on Which DOE Seeks 

Comment.’’ 

A second issue that was identified 

during DOE’s review is the lack of an 

equation in the calculation procedures 

for manually controlled vented heaters. 

Specifically, section 4.2.4 Weightedaverage steady-state efficiency, does not 

have a defining equation, so DOE is 

proposing an amendment to remedy this 

oversight, a matter of particular 

importance in terms of capturing latent 

heat loss. 

The final issue identified in DOE’s 

review was the need to clarify the 

application of the tracer gas procedures 

in section 3.3 for units not employing a 

thermal stack damper. To explain, it is 

noted that section 3.3 and 4.3 outlines 

a testing and calculation procedure that 

must be used to evaluate the efficiency 

of vented heaters employing a thermal 

stack damper. In the calculation section 

4.3 it is noted that all vented heaters 

may use this procedure as an option. 

Although this option is clearly stated in 

the calculation section and no 

modification to the calculations are 

necessary, some clarification is felt 

necessary in the actual testing 

provisions of section 3.3 to 

accommodate vented heaters not 

employing thermal stack dampers. For 

example the location of tracer gas 

introduction is not fully explained in 

the existing procedures for vented 

heaters not employing a thermal stack 

damper. 

Finally, DOE proposes to correct 

typographical errors regarding the 

equation in section 4.3.6 of appendix O. 

Specifically, DOE is proposing to add a 

missing minus (‘‘¥’’) sign and replace a 

plus (‘‘+’’) sign with a multiplication 

symbol (‘‘×’’). These errors are obviously 

typographical in nature because similar 

efficiency equations in other parts of the 

test procedures, 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. DOE is interested in 

receiving comment on any other 

corrections that might be needed in this 

review of the DHE test procedures. 

B. Test Procedure for Pool Heaters 

1. Electric Pool Heaters 

DOE’s test procedures for pool heaters 

are found at 10 CFR 430.23(p) and 10 

CFR part 430, subpart B, appendix P. 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)) 

Further, EPCA defines the ‘‘thermal 

efficiency of pool heaters’’ as the 

‘‘measure of the heat in the water 

delivered at the heater outlet divided by 

the heat input of the pool heater as 

measured under test conditions 

specified in section 2.8.1 of the 

American National Standard for Gas 

Fired Pool Heaters, Z21.56–1986, or as 

may be prescribed by the Secretary.’’ 5

(42 U.S.C. 6291(26)) 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).6 This prescribed 

integrated thermal efficiency 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)) The 

amended test procedure was effective 30 

days after publication of the final rule. 

Until such time as compliance is 

required with amended energy 

conservation standards that account for 

standby mode and off mode energy 

consumption, manufacturers must 

continue using the thermal efficiency 

metric for certification and compliance 

purposes. However, if manufacturers 

choose to make written statements 

regarding standby mode and off mode 

energy efficiency, those representations 

must be based on the amended test 

procedure as of June 17, 2013, 180 days 

after the date of publication of the test 

procedure final rule. 

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 the currently 

incorporated ANSI Z21.56 test method, 

titled ‘‘Gas-Fired Pool Heaters,’’ for 

testing pool heaters that operate with 

electricity (including 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 oilfired pool heaters, and, therefore, no 

further action is necessary for those 

products. DOE received no comments 

that were contrary to this conclusion. 

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 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 

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63416 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

using 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 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 technically feasible to 

develop an integrated thermal efficiency 

rating for a 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 during standby mode and off 

mode). However, if such an integrated 

thermal efficiency metric were applied 

to heat pump pool heaters, DOE noted 

that the numerical result would be 

efficiency ratings of over 100 percent, 

which may necessitate some 

reeducation among consumers because 

heat pumps are typically rated using 

industry standards for Coefficient of 

Performance (COP). In contrast, electric 

pool heaters that operate with resistance 

heating (as opposed to heat pump 

technology), are typically rated with a 

thermal efficiency metric. Consequently, 

DOE noted in the October 2011 RFI that 

the ratings for electric pool heaters 

using these two competing technologies 

are not always directly comparable. Id. 

at 63215. Another consideration for heat 

pump pool heaters is that performance 

depends upon the ambient temperature 

and humidity, so environmental 

conditions for testing are much more 

important for heat pump pool heaters 

than for gas-fired pool heaters. 

Because of these factors, DOE’s 

October 2011 RFI requested comment 

on the potential to update the pool 

heater test procedures by adding 

provisions to address electric heat pump 

pool heaters through use of a COP 

metric drawn from industry standards, 

coupled with a separate conversion to 

thermal efficiency (i.e., the regulating 

metric specified in EPCA) and 

integrated thermal efficiency (i.e., the 

new regulating metric incorporating 

standby mode and off mode energy 

consumption as required by EISA 2007). 

Id. at 63216. 

On this topic, DOE received 

comments from AHRI and ACEEE that 

supported the expansion of the test 

method to include electric pool heaters. 

AHRI further commented that DOE 

should not integrate the standby mode 

and off mode energy consumption into 

an integrated thermal efficiency metric. 

(AHRI, No. 12 at p. 3; ACEEE, No. 24 

at p. 4) 

After carefully considering these 

public comments, DOE is proposing to 

add test methods that are applicable to 

heat pump pool heaters and electric 

resistance pool heaters. DOE proposes to 

amend its pool heater test procedure by 

adding a proposed test method for heat 

pump pool heaters that would reference 

ANSI/AHRI Standard 1160–2009, 

‘‘Performance Rating of Heat Pump Pool 

Heaters,’’ and ANSI/ASHRAE Standard 

146–2011, ‘‘Method of Testing and 

Rating Pool Heaters.’’ Additionally, DOE 

proposes to amend its pool heater test 

procedure by adding a proposed test 

method for electric resistance pool 

heaters that references ANSI/ASHRAE 

Standard 146–2011, ‘‘Method of Testing 

and Rating Pool Heaters.’’ DOE has 

tentatively concluded that incorporation 

of these industry test standards is 

appropriate, because they represent 

current best practices for these pool 

heater products. 

Because the statute requires use of an 

integrated metric where technically 

feasible (as is the case here), DOE 

proposes to maintain the integrated 

thermal efficiency metric in the test 

procedure, as set forth in the final rule 

published on December 17, 2012. 77 FR 

74559. Once DOE arrives at the thermal 

efficiency value for electric pool heaters, 

that value will feed into the integrated 

thermal efficiency calculation, which is 

applicable for all types of pool heaters. 

Although DOE may prescribe 

amended test procedures in the 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 will 

include energy consumption in active, 

standby, and off modes). Prior to DOE 

setting minimum 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 must be based on the amended 

test procedure within 180 days after the 

effective date of the test procedure final 

rule. Manufacturers of heat pump pool 

heaters would be able to use the COP 

metric, the integrated thermal efficiency 

metric, or both for making efficiency 

representations until an energy 

conservation standard is set. 

EPCA requires the use of the 

integrated thermal efficiency metric for 

all pool heaters, including electric 

resistance and heat pump pool heaters, 

upon the compliance date for new 

energy conservation standards. 

Therefore, if DOE were to set energy 

conservation standards for heat pump 

pool heaters and electric resistance pool 

heaters, manufacturers would then be 

required to rate their products using the 

integrated thermal efficiency metric, 

although manufacturers of heat pump 

pool heaters would still have the option 

of making supplemental representations 

of efficiency using the COP metric. DOE 

is proposing to include an approach to 

determine the integrated thermal 

efficiency based on a COP value for heat 

pump pool heaters. 

2. Other Issues 

In addition to the changes for electric 

pool heaters described in the previous 

section, DOE is also clarifying that the 

DOE test procedure is applicable to oilfired pool heaters, despite the 

incorporation of a test method 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. 

DOE also seeks comments on other 

relevant issues that would affect the test 

procedures for pool heaters. Although 

DOE has attempted to identify those 

portions of the test procedure where it 

believes amendments may be warranted, 

interested parties are welcome to 

provide comments on any aspect of the 

test procedure as part of this 

comprehensive 7-year-review 

rulemaking. 

C. Compliance With Other EPCA 

Requirements 

As mentioned in the summary at 

section II above, in amending a test 

procedure, EPCA directs DOE to 

determine to what extent, if any, the test 

procedure would alter the measured 

energy efficiency or measured energy 

use of a covered product. (42 U.S.C. 

6293(e)(1)) If the amended test 

procedure alters the measured energy 

efficiency or measured energy use, the 

Secretary must amend the applicable 

energy conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) The 

current energy conservation standards 

for direct heating equipment and pool 

heaters are based on existing test 

procedure efficiency metrics—AFUE 

and thermal efficiency (Et), respectively. 

The proposed test procedure 

amendments for DHE generally do not 

contain changes that would materially 

alter the measured energy efficiency of 

equipment. Rather, most of the 

proposed changes represent 

clarifications that would improve the 

uniform application of the test 

procedures for certain product types. 

Any change in the reported efficiency 

that might be associated with these 

clarifications is tentatively expected to 

be de minimis. 

Consistent with 42 U.S.C. 6293(c), any 

representations of energy consumption 

of vented heaters must be based on any 

final amended test procedures 180 days 

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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63417 

after the publication of the test 

procedure final rule. Until that time, 

manufacturers 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 O as 

contained in the 10 CFR parts 200 to 

499 edition revised as of January 1, 

2013. Consistent with 42 U.S.C. 6291 

(8), representations of energy 

consumption means 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, Annual Fuel Utilization 

Efficiency (AFUE)), or other measure of 

energy consumption. DOE notes that 

manufacturers must use the same test 

procedure for both representations of 

energy efficiency and certifications of 

compliance. 

Today’s proposal does not include 

any changes to the current standby 

mode and off mode testing procedures 

and calculations 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 proposed test procedure 

amendments for pool heaters would not 

alter the measured efficiency of 

equipment covered by the existing test 

procedure. However, it would provide a 

new method of test for electric 

resistance and heat pump pool heaters, 

which are not currently subject to 

energy conservation standards by DOE. 

Therefore, DOE has tentatively 

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. Until that 

time, manufacturers of gas-fired and oilfired 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, 

2013. Consistent with 42 U.S.C. 6291 

(8), representations of energy 

consumption means 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 

both representations of energy efficiency 

and certifications of compliance. 

There are currently no energy 

conservation standards for electric 

resistance pool heaters, 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 gasfired 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. Administrative Procedure Act 

DOE expects that any final rule in this 

proceeding would be effective 30 days 

after the date of publication of that final 

rule. 

B. Review Under Executive Order 12866 

The Office of Management and Budget 

has determined that test procedure 

rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

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

this regulatory action was not subject to 

review under the Executive Order by the 

Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB). 

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.gc.doe.gov/ 

gc/office-general-counsel. 

Today’s proposed rule would 

prescribe test procedure amendments 

that would be used to determine 

compliance with energy conservation 

standards for direct heating equipment 

and pool heaters. For direct heating 

equipment, the proposed amendments 

would add provisions for testing vented 

home heating equipment that utilizes 

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 proposed amendments 

would incorporate by reference ANSI/

AHRI Standard 1160–2009 and ANSI/

ASHRAE Standard 146–2011 to 

establish testing procedures for electric 

(including heat pump) pool heaters. The 

proposed amendments for pool heaters 

would also clarify the test procedure’s 

applicability to oil-fired pool heaters. 

DOE reviewed today’s proposed 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 Proposed Rule 

The reasons for, objectives of, and 

legal basis for the proposed 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 

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63418 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

7 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. 

8See: http://www.ahrinet.org/

ahri+members.aspx. 

9See: http://www.ahridirectory.org/ahriDirectory/ 

pages/home.aspx. 

10See: http://www.appliances.energy.ca.gov/. 

11See: http://www.hoovers.com/. 

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 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. DHE 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.7

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 8), product databases (e.g., 

AHRI 9 and CEC10 databases), 

individual company Web sites, and 

marketing research tools (e.g., 

Hoovers 11 reports) to create a list of all 

domestic small business manufacturers 

of heating products covered by this 

rulemaking. DOE has identified 2 

manufacturers of vented DHE and 5 

manufacturers of pool heaters 

(including heat pump pool heater 

manufacturers) that can be considered 

small businesses. DOE did not count 

manufacturers of vented hearth heaters 

because, as noted previously, the 

definition of ‘‘vented hearth heater’’ was 

remanded to DOE for further 

consideration by the D.C. Circuit Court. 

DOE plans to conduct a separate 

rulemaking that would clarify the 

standards and test procedures for vented 

hearth products, and as a result, DOE 

will assess impacts on small business 

vented hearth product manufacturers as 

part of that proceeding. 

3. Description and Estimate of 

Compliance Requirements 

For direct heating equipment, the 

proposed amendments would 

incorporate by reference the most recent 

version of various industry standards 

already referenced in the DHE test 

procedures for the purposes of 

specifying the test set-up provisions. In 

addition, the proposed test procedure 

would include provisions for 

determining the AFUE of products that 

use condensing technology. The updates 

to the most recent versions of the 

various industry standards would result 

in no material change to DOE’s test 

procedure for direct heating equipment. 

The additional provisions for measuring 

energy efficiency of products with 

condensing technology may add a 

modest cost to testing for manufacturers 

of such products. The test could be 

conducted in the same test facility, but 

some additional testing and calculation 

would be required to determine AFUE. 

Specifically, the proposed provisions 

would require 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 and 1–2 hours for 

cyclic testing. In some cases only 

steady-state testing would be required 

(i.e., all manually-controlled vented 

heaters and those vented heaters not 

utilizing the optional tracer gas 

procedures). Vented heaters tested 

utilizing the optional tracer gas 

procedures would be required to 

conduct both steady-state and cyclic 

condensate collection procedures. 

Therefore, DOE estimates that the 

additional testing for condensing units 

would add, in the worst case, 3 hours 

to the overall length of time it takes to 

conduct the AFUE test, as compared to 

DHE not utilizing condensing 

technology. At a rate of $30 an hour for 

a test lab technician, DOE estimates that 

the added cost will be $90 per test unit, 

which is modest in comparison to the 

overall cost of product development and 

certification. 

For pool heaters, the proposed 

updates to the test procedure would add 

provisions to determine the energy 

efficiency of electric pool heaters, 

including heat pump pool heaters, and 

would incorporate by reference ANSI/

AHRI 1160–2009 and ANSI/ASHRAE 

146–2011. These products are not 

currently regulated by DOE, but DOE’s 

research showed that all domestic small 

business manufacturers of heat pump 

pool heaters that were identified already 

rate COP and capacity according to the 

rating conditions in ANSI/AHRI 1160 

and typically at an additional rating 

point outside of the ANSI/AHRI 1160 

test conditions. In addition, DOE notes 

that ASHRAE Standard 90.1–2010 

contains efficiency levels for heat pump 

pool heaters and specifies ANSI/AHRI 

1160–2009 as the test method. Several 

States (e.g., Florida, California) also 

have minimum efficiency requirements 

for heat pump pool heaters, which is 

another factor that may drive 

manufacturers to rate their products for 

efficiency. Because manufacturers of 

heat pump pool heaters are already 

rating their products using AHRI 1160– 

2009 due to the ASHRAE Standard 

90.1–2010 requirements and State 

efficiency requirements, DOE does not 

believe there will be much, if any, 

additional burden from today’s proposal 

for including a heat pump pool heater 

test method that references the industry 

standard. For electric resistance pool 

heaters, the proposed test method in 

ANSI/ASHRAE 146–2011 is comparable 

to that for gas-fired and oil-fired pool 

heaters in the existing test method. For 

these manufacturers to make any 

representation regarding the efficiency 

of their products, they must have been 

using a similar test, so it is not expected 

that the current proposal would add to 

the burden of manufacturers of electric 

resistance pool heaters. DOE requests 

comment on these tentative conclusions 

and on the potential impacts of this 

proposed rule on small business 

manufacturers of pool heaters, 

particularly of heat pump pool heaters 

and electric resistance pool heaters. 

This is identified as issue 5 in section 

V.E, ‘‘Issues on Which DOE Seeks 

Comment.’’ 

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 proposed 

today. 

5. Significant Alternatives to the Rule 

As noted earlier in the preamble, the 

proposed rule is largely based upon the 

industry testing procedures already in 

place for direct heating equipment and 

pool heaters. DOE believes the proposed 

amendments would 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. DOE seeks comment and 

information on the need, if any, for 

alternative test methods that, consistent 

with the statutory requirements, would 

reduce the economic impact of this rule 

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on small entities. DOE will consider any 

comments received regarding alternative 

methods of testing that would reduce 

economic impact of the rule on small 

entities. DOE will consider the 

feasibility of such alternatives and 

determine whether they should be 

incorporated into the final rule. 

D. Review Under the Paperwork 

Reduction Act of 1995 

Manufacturers of direct 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 

direct 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 direct 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 20 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 proposed rule, DOE proposes 

test procedure amendments that it 

expects will be used to develop and 

implement future energy conservation 

standards for direct 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 proposed rule 

would amend 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 proposed rule and has 

tentatively determined that it would not 

have a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the products that are the subject of 

today’s proposed rule. States can 

petition DOE for exemption from such 

preemption to the extent, and based on 

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

6297(d)) 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 tentatively determined that, 

to the extent permitted by law, the 

proposed 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 

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.) DOE examined 

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63420 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

today’s proposed rule according to 

UMRA and its statement of policy and 

has tentatively determined that the rule 

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 

rule 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 proposed 

rule would 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 today’s proposed 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. 

Today’s regulatory action to amend 

the test procedure for measuring the 

energy efficiency of direct heating 

equipment and pool heaters is not a 

significant regulatory action under 

Executive Order 12866 or any successor 

order. Moreover, it would 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. 

Today’s proposed rule incorporates 

testing methods contained in the 

following commercial standards: ANSI/ 

ASHRAE 103–2007, ‘‘Method of Test for 

Annual Fuel Utilization Efficiency of 

Residential Central Furnaces and 

Boilers’’; ANSI Z21.86–2008, ‘‘Vented 

Gas-Fired Space Heating Appliances’’; 

ASTM D2156–09, ‘‘Standard Test 

Method for Smoke Density in Flue 

Gases from Burning Distillate Fuels’’; 

UL 729–2003, ‘‘Standard for Safety for 

Oil-Fired Floor Furnaces’’; UL 730– 

2003, ‘‘Standard for Safety for Oil-Fired 

Wall Furnaces’’; UL 896–1993, 

‘‘Standard for Safety for Oil-Burning 

Stoves’’; AHRI 1160–2009, 

‘‘Performance Rating of Heat Pump Pool 

Heaters’’; and ASHRAE 146–2011, 

‘‘Method of Testing Pool Heaters.’’ 

While today’s proposed 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 will consult with the Attorney 

General and the Chairman of the FTC 

concerning the impact on competition 

of requiring manufacturers to use the 

test methods contained in these 

standards prior to prescribing a final 

rule. 

V. Public Participation 

A. Attendance at the Public Meeting 

The time, date and location of the 

public meeting are listed in the DATES

and ADDRESSES sections at the beginning 

of this document. If you plan to attend 

the public meeting, please notify Ms. 

Brenda Edwards at (202) 586–2945 or 

Brenda.Edwards@ee.doe.gov. Please 

note that foreign nationals visiting DOE 

Headquarters are subject to advance 

security screening procedures. Any 

foreign national wishing to participate 

in the meeting should advise DOE of 

this fact as soon as possible by 

contacting Ms. Brenda Edwards to 

initiate the necessary procedures. 

In addition, you can attend the public 

meeting via webinar. Webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants will be published on DOE’s 

Web site at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/product.aspx/ 

productid/68. Please also note that any 

person wishing to bring a laptop 

computer or tablet into the Forrestal 

Building will be required to obtain a 

property pass. Visitors should avoid 

bringing such devices, or allow an extra 

45 minutes. Persons may also attend the 

public meeting via webinar. Participants 

are responsible for ensuring their 

systems are compatible with the 

webinar software. 

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B. Procedure for Submitting Requests To 

Speak and Prepared General Statements 

for Distribution 

Any person who has an interest in the 

topics addressed in this notice of 

proposed rulemaking, or who is 

representative of a group or class of 

persons that has an interest in these 

issues, may request an opportunity to 

make an oral presentation at the public 

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

show in the ADDRESSES section at the 

beginning of this notice of proposed 

rulemaking between 9:00 a.m. and 4:00 

p.m., Monday through Friday, except 

Federal holidays. Requests may also be 

sent by mail or email to Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue SW, Washington, DC 20585– 

0121, or Brenda.Edwards@ee.doe.gov. 

Persons who wish to speak should 

include in their request a computer 

diskette or CD–ROM in WordPerfect, 

Microsoft Word, PDF, or text (ASCII) file 

format that briefly describes the nature 

of their interest in this rulemaking and 

the topics they wish to discuss. Such 

persons should also provide a daytime 

telephone number where they can be 

reached. 

DOE requests persons selected to 

make an oral presentation to submit an 

advance copy of their statements at least 

one week before the public meeting. 

DOE may permit persons who cannot 

supply an advance copy of their 

statement to participate, if those persons 

have made advance alternative 

arrangements with the Building 

Technologies Program. As necessary, 

request to give an oral presentation 

should ask for such alternative 

arrangements. 

Any person who has plans to present 

a prepared general statement may 

request that copies of his or her 

statement be made available at the 

public meeting. Such persons may 

submit requests, along with an advance 

electronic copy of their statement in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format, to the appropriate address 

shown in the ADDRESSES section at the 

beginning of this notice of proposed 

rulemaking. The request and advance 

copy of statements must be received at 

least one week before the public 

meeting and may be emailed, handdelivered, or sent by mail. DOE prefers 

to receive requests and advance copies 

via email. Please include a telephone 

number to enable DOE staff to make 

follow-up contact, if needed. 

C. Conduct of Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also use a professional facilitator to aid 

discussion. The meeting will not be a 

judicial or evidentiary-type public 

hearing, but DOE will conduct it in 

accordance with section 336 of EPCA 

(42 U.S.C. 6306). A court reporter will 

be present to record the proceedings and 

prepare a transcript. DOE reserves the 

right to schedule the order of 

presentations and to establish the 

procedures governing the conduct of the 

public meeting. There shall not be 

discussion of proprietary information, 

costs or prices, market share, or other 

commercial matters regulated by U.S. 

anti-trust laws. After the public meeting, 

interested parties may submit further 

comments on the proceedings, as well 

as on any aspect of the rulemaking, until 

the end of the comment period. 

The public meeting will be conducted 

in an informal, conference style. DOE 

will present summaries of comments 

received before the public meeting, 

allow time for prepared general 

statements by participants, and 

encourage all interested parties to share 

their views on issues affecting this 

rulemaking. Each participant will be 

allowed to make a general statement 

(within time limits determined by DOE), 

before the discussion of specific topics. 

DOE will allow, as time permits, other 

participants to comment briefly on any 

general statements. 

At the end of all prepared statements 

on a topic, DOE will permit participants 

to clarify their statements briefly and 

comment on statements made by others. 

Participants should be prepared to 

answer questions by DOE and by other 

participants concerning these issues. 

DOE representatives may also ask 

questions of participants concerning 

other matters relevant to this 

rulemaking. The official conducting the 

public meeting will accept additional 

comments or questions from those 

attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of the above procedures that may be 

needed for the proper conduct of the 

public meeting. 

A transcript of the public meeting will 

be included in the docket, which can be 

viewed as described in the Docket 

section at the beginning of this notice of 

proposed rulemaking, and will be 

accessible on the DOE Web site. In 

addition, any person may buy a copy of 

the transcript from the transcribing 

reporter. 

D. Submission of Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule before or after the public meeting, 

but no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments using any of the 

methods described in the ADDRESSES

section at the beginning of this notice of 

proposed rulemaking. 

All submissions received must 

include the agency name and docket 

number and/or RIN for this rulemaking. 

No telefacsimilies (faxes) will be 

accepted. 

Submitting comments via 

regulations.gov. The 

www.regulations.gov Web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment itself or in any 

documents attached to your comment. 

Any information that you do not want 

to be publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Otherwise, persons viewing comments 

will see only first and last names, 

organization names, correspondence 

containing comments, and any 

documents submitted with the 

comments. 

Do not submit to www.regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

Web site will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

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63422 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email, hand 

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provide your contact information in a 

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The cover letter will not be publicly 

viewable as long as it does not include 

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Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via mail or hand delivery/ 

courier, please provide all items on a 

CD, if feasible, in which case it is not 

necessary to submit printed copies. No 

telefacsimiles (faxes) will be accepted. 

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information submitted to DOE 

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Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email, postal mail, or hand 

delivery/courier two well-marked 

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Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

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passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

E. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this proposal, DOE is 

particularly interested in receiving 

comments and views of interested 

parties concerning the following issues: 

1. Are the proposed provisions for 

testing vented heaters that are capable of 

condensing operation appropriate and 

sufficient? 

2. Are the updates to the material 

incorporated by reference into the direct 

heating equipment test procedure 

appropriate and sufficient? 

3. Is the assignment of a 1-percent 

default jacket loss in lieu of testing for 

vented floor furnaces appropriate? 

4. Are the proposed provisions to 

allow testing of electric resistance and 

heat pump pool heaters appropriate and 

sufficient? 

5. What are the impacts of this 

proposed rule on small business 

entities? 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s notice of 

proposed rulemaking. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on September 

30, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE is proposing to amend 

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 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Section 430.3 is amended by: 

■ a. Redesignating paragraph (d)(18) as 

(d)(19) and adding ‘‘and Appendix O of 

this part’’ after ‘‘for § 430.2’’ in 

redesignated paragraph (d)(19); 

■ b. Redesignating paragraphs (f)(10) as 

(f)(11) and (i) through (p) as (j) through 

(q) respectively; and 

■ c. Adding paragraphs (b)(2), (d)(18), 

(f)(10), (f)(12), (i), and (r). 

The additions read as follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(b) * * * 

(2) ANSI/AHRI Standard 1160–2009 

(‘‘ANSI/AHRI 1160’’), Performance 

Rating of Heat Pump Pool Heaters, ANSI 

approved November 4, 2011, IBR 

approved for appendix P to subpart B. 

* * * * * 

(d) * * * 

(18) ANSI Z21.86–2008 (CSA 2.32– 

2008), (‘‘ANSI Z21.86’’), Vented GasFired Space Heating Appliances, Fifth 

Edition, ANSI approved March 28, 

2008, IBR approved for appendix O to 

subpart B. 

* * * * * 

(f) * * * 

(10) ANSI/ASHRAE 103–2007, 

Method of Test for Annual Fuel 

Utilization Efficiency of Residential 

Central Furnaces and Boilers, ASHRAE 

approved June 27, 2007, ANSI approved 

March 25, 2008, IBR approved for 

appendix O to subpart B. 

* * * * * 

(12) ANSI/ASHRAE 146–2011 

(‘‘ANSI/ASHRAE 146’’), Method of 

Testing and Rating Pool Heaters, 

ASHRAE approved February 2, 2011, 

ANSI approved February 3, 2011, IBR 

approved for appendix P to subpart B. 

* * * * * 

(i) ASTM. American Society for 

Testing and Materials International, 100 

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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, Edition 09, 

ASTM approved December 1, 2009, IBR 

approved for and appendix O to subpart 

B. 

(2) [Reserved] 

* * * * * 

(r) 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, dated August 29, 2003, Sixth 

Edition 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, dated August 29, 2003, 5th 

edition 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, dated July 29, 1993, 5th edition 

including revisions through May 7, 

2010, IBR approved for appendix O to 

subpart B. 

■ 3. Section 430.23 is amended by 

revising paragraphs (o) and (p) to read 

as follows: 

§ 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 (%), AFUE shall be 

calculated in accordance with section 

4.1.17 or 4.3.7 of appendix O of this 

subpart for vented heaters without 

either manual controls or thermal stack 

dampers; according to section 4.2.6 or 

4.3.7 of appendix O of this subpart for 

vented heaters equipped with manual 

controls; or according to 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 Btu’s per 

year for natural gas, propane, or oilfueled 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 kilowatthours as provided pursuant to section 

323(b)(2) of the Act, the resulting sum 

then being rounded off to the nearest 

dollar per year. 

(3) When estimating the estimated 

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 Btu’s per hour as determined in 

3.1.1 or 3.1.2 of appendix O of this 

subpart times the annual fuel utilization 

efficiency in percent as determined in 

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 

3.1.3 of appendix O of this subpart 

times the quantity 3.412; and 

(ii) Of the sum of: 

(A) The product of the maximum fuel 

input in Btu’s per hour as determined in 

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 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, the resulting quantity shall 

be rounded off to the nearest 0.01 dollar 

per million Btu output. 

(p) Pool heaters. (1) Prior to the 

compliance date of any energy 

conservation standards that incorporate 

standby mode and off mode energy 

consumption for pool heaters, when 

determining the thermal efficiency of 

pool heaters (see the note at the 

beginning of appendix P of this subpart) 

expressed as a percent (%), thermal 

efficiency shall be calculated in 

accordance with section 5.1 of appendix 

P to this subpart. 

(2) After the compliance date of any 

energy conservation standards that 

incorporate standby mode and off mode 

energy consumption for pool heaters, 

when determining the integrated 

thermal efficiency of pool heaters (see 

the note at the beginning of appendix P 

of this subpart) expressed as a percent 

(%), integrated thermal efficiency shall 

be calculated 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 

fuel energy consumption, in Btu’s per 

year, of natural gas or oil-fueled pool 

heaters, 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 Btu = 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, 

the resulting sum then being rounded 

off to the nearest dollar per year. 

* * * * * 

■ 4. Appendix O to subpart B of part 

430 is amended by: 

■ a. Revising the note after the appendix 

heading; 

■ b. Redesignating the second section 

1.33 (following section 1.37) as section 

1.39. 

■ c. Redesignating sections 1.5 through 

1.37 as 1.6 through 1.38; 

■ d. Adding sections 1.5, 2.2.4, 3.8, 

3.8.1, 3.8.2, 4.1.6.1, 4.1.6.2, 4.1.6.3, and 

4.1.6.4; 

■ e. Amending section 2.6.1 by 

removing the words ‘‘ANSI Z21.49– 

1975, section 2.14.’’ and adding in their 

place ‘‘Part VIII section 8.7 of ANSI 

Z21.86.’’ 

■ f. Amending section 2.6.2 by 

removing the words ‘‘Figure 34.4 of UL 

730–1974, or Figures 35.1 and 35.2 of 

UL 729–1976’’ and adding in their place 

‘‘Figure 36.4 of UL 730, or Figure 38.1 

and 38.2 of UL 729.’’ and by removing 

the words ‘‘sections 35.12 through 35.17 

of UL 730–1974.’’ and adding in their 

place ‘‘sections 37.5.8 through 37.5.18 

of UL 730.’’ 

■ g. Revising sections 2.1.1, 2.1.2, 2.1.3, 

2.2.2, 2.3.3, 2.3.4, 2.4.2, 2.5.1, 3.1.2, 3.2, 

3.3, 4.1.6, 4.1.10, 4.2.4.1, 4.3.3, and 

4.3.6. 

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: After [date 180 days after publication 

of the final rule in the Federal Register], any 

representations made with respect to the 

energy use or efficiency of vented home 

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heating equipment must be made in 

accordance with the results of testing 

pursuant to this appendix. After this date, if 

a manufacturer elects to make 

representations with regard to 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. 

Manufacturers conducting tests of vented 

home heating equipment after [date 30 days 

after publication of the final rule in the 

Federal Register] and prior to [date 180 days 

after publication of the final rule in the 

Federal Register], must conduct such test in 

accordance with either this appendix or 

appendix O as it appeared at 10 CFR part 

430, subpart B, appendix X, in the 10 CFR 

parts 200 to 499 edition revised as of January 

1, 2013. Any representations made with 

respect to the energy use or efficiency of such 

vented home heating equipment must be in 

accordance with whichever version is 

selected. Given that after [date 180 days after 

publication of the final rule in the Federal 

Register] representations with respect to the 

energy use or efficiency of vented home 

heating equipment must be made in 

accordance with tests conducted pursuant to 

this appendix, manufacturers may wish to 

begin using this test procedure as soon as 

possible. 

On or after the compliance date for any 

amended energy conservation standards that 

incorporate standby mode and off mode 

energy consumption, all representations must 

be based on testing performed in accordance 

with this appendix in its entirety. 

* * * * * 

1.5 ‘‘Condensing vented heater’’ means a 

vented heater that will, during the laboratory 

tests prescribed in this appendix, condense 

part of the water vapor in the flue gases. 

* * * * * 

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 

§ 430.3). Install direct vent gas-fueled vented 

wall furnaces as specified in section 6.1.3 

and figure 6 of ANSI Z21.86. Install oilfueled vented wall furnaces as specified in 

section 36.1 of UL 730. 

2.1.2 Vented floor furnaces. Install vented 

floor furnaces for test as specified in section 

38.1 of UL 729. 

2.1.3 Vented room heaters. Install vented 

room heaters for test as specified in section 

37.1.1 of UL 896. 

* * * * * 

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 for oil-fueled vented room 

heaters (incorporated by reference; see 

§ 430.3). 

* * * * * 

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 

not designed for collection and draining of 

condensate, a means to collect condensate 

must be provided for the purposes of testing. 

* * * * * 

2.3.3 Other test gas. Use other test gases 

with characteristics as described in table 1 of 

ANSI/ASHRAE 103–2007 (incorporated by 

reference; see § 430.3). Use gases with a 

measured higher heating value within ±5 

percent of the values specified in the above 

ANSI/ASHRAE standard. 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 a vented heater 

utilizing fuel oil, use No. 1, fuel oil 

(kerosene) for vaporizing-type burners and 

either No. 1 or No. 2 fuel oil, as specified by 

the manufacturer, for mechanical atomizing 

type burners. Use test fuel conforming to the 

specifications given in tables 2 and 3 of 

ANSI/ASHRAE 103–2007 (incorporated by 

reference; see § 430.3). Measure the higher 

heating value of the test fuel with an error 

no greater than one 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 § 430.3). If, on units 

employing a power burner, the smoke in the 

flue exceeds a No. 1 smoke during the steadystate 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 ANSI/

ASHRAE 103–2007 (incorporated by 

reference; see § 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 and 

operate the vented heater with the outlet air 

temperature between 80 °F and 130 °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 

§ 430.3). 

* * * * * 

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 

circulating air blower, on units so equipped, 

with the adjustments specified by sections 

2.4.2 and 2.5 of this appendix until steadystate conditions are attained as indicated by 

a temperature variation of not more than 5 °F 

(2.8 C) in the flue gas temperature in three 

successive readings taken 15 minutes apart. 

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 D 2156 (incorporated by reference; 

see § 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 and 

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. 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. 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 at the minimum fuel input rate as 

measured in section 3.1.2 to this appendix 

for manually controlled oil-fueled 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. 

* * * * * 

3.2 Jacket loss measurement. Conduct a 

jacket loss test for vented floor furnaces. 

Measure the jacket loss (Lj) in accordance 

with the ANSI/ASHRAE 103–2007 section 

8.6 (incorporated by reference; see § 430.3), 

applying the provisions for furnaces and not 

the provisions for boilers. In lieu of testing, 

the jacket loss can be assigned a value of 1%. 

3.3 Measurement of the off-cycle losses 

for vented heaters equipped with thermal 

stack dampers. As noted in section 4.3, this 

procedure may be optionally used for all 

vented heaters. Install the thermal stack 

damper, if required, according to the 

manufacturer’s instructions. 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 singlestage 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, 

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measure the off-cycle losses at the reduced 

fuel input rate. 

Let the vented heater heat up to a steadystate condition. Feed a tracer gas at a 

constant metered rate into the stack directly 

above and within one foot above the stack 

damper. For units not employing a thermal 

stack damper, introduce the tracer gas within 

the first foot of the test stack. 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 shutdown and ten minutes after burner shutdown. Meter response time and sampling 

delay time shall be considered in timing 

these measurements. 

* * * * * 

3.8 Condensing vented heaters 

measurement of condensate under steadystate and cyclic conditions. Condensate drain 

lines shall be attached to the vented heater 

as specified in the manufacturer’s installation 

instructions. The test unit shall be level prior 

to all testing. A continuous downward slope 

of drain lines from the unit shall be 

maintained. Additional precautions shall be 

taken to facilitate uninterrupted flow of 

condensate during the test. 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% relative 

humidity. For condensing units not designed 

for collecting and draining condensate, drain 

lines need to 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 section 3.3 and 3.6 shall only 

conduct the steady-state condensate 

collection test. 

3.8.1 Steady-state condensate collection 

test. Begin a steady-state condensate 

collection immediately after the steady-state 

testing of section 3.1 has been completed. 

The steady-state condensate collection period 

shall be an additional 30 minutes. 

Condensate mass shall be measured 

immediately at the end of the collection 

period to minimize evaporation loss from the 

sample. Fuel input shall be recorded for the 

30-minute condensate collection steady-state 

test period. Fuel higher heating value (HHV), 

temperature, and pressures necessary for 

determining fuel energy input (Qc,ss) will be 

measured and recorded. The fuel quantity 

and HHV shall be measured with errors no 

greater than 1%. 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. 

For units with step modulating or twostage 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. 

(only for vented heaters tested under the 

optional tracer gas procedures of section 3.3 

or 3.6) Control devices shall be installed to 

allow cyclical operation of the vented heater. 

The unit shall be operated in a cyclical 

manner until flue gas temperatures at the end 

of each on-cycle are within 5° F of each other 

for two consecutive cycles. On-cycle and offcycle times are 4 minutes and 13 minutes 

respectively. Control of ON and OFF 

operation actions shall be within +/¥ 6 

seconds of the scheduled time. Begin three 

test cycles. For fan-type vented heaters, 

maintain circulating air adjustments 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. The container shall be removed one 

minute before the end of each off-cycle 

period. Condensate mass shall be measured 

for each test-cycle. 

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, etc., for each of the test cycles. Fuel 

higher heating value (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 threecycles, the sample standard deviation is 

within 20% 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. 

* * * * * 

4.1.6 Latent heat loss. For noncondensing vented heaters, obtain the latent 

heat loss (LL,A) from Table 2 of this appendix. 

For condensing vented heaters, a modified 

latent heat loss (LL,A*) is obtained 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 4.1.6.1 of 

this appendix 

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 

4.1.6.3 of this appendix 

LC = Heat loss due to hot condensate going 

down the drain under cyclic conditions 

as determined in 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: 

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 steadystate test as determined in 3.8.1 of this 

appendix, pounds 

Qc,ss = fuel energy input for steady-state test 

as determined in 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: 

where: 

LG,SS = Latent heat gain due to condensation 

under steady-state conditions as defined 

in 4.1.6.1 of this appendix 

1.0 = specific heat of water, Btu/lb–°F 

TF,SS = Flue (or stack) gas temperature as 

defined in 3.1 of this appendix, °F. 

70 = assumed indoor temperature, °F 

0.45 = specific heat of water vapor, Btu/lb– 

°F 

45 = average outdoor temperature for vented 

heaters, °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) 

Calculate the latent heat gain (LG) expressed 

as a percent and defined as: 

where: 

100 = conversion factor to express a decimal 

as a percent 


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63426 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

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 

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) Calculate the cyclic heat 

loss due to hot condensate going down the 

drain (LC) expressed as a percent and defined 

as: 

where: 

LG = Latent heat gain due to condensation 

under cyclic conditions as defined in 

4.1.6.3 of this appendix 

1.0 = specific heat of water, Btu/lb–°F 

TF,SS = Flue (or stack) gas temperature as 

defined in 3.1 of this appendix. 

70 = assumed indoor temperature, °F 

0.45 = specific heat of water vapor, Btu/lb– 

°F 

45 = average outdoor temperature for vented 

heaters, °F 

* * * * * 

4.1.10 Steady-state efficiency. For vented 

heaters equipped with single-stage 

thermostats, calculate the steady-state 

efficiency (excluding jacket loss, hSS,

expressed in percent and defined as: 

hSS = 100 ¥ LL,A ¥ LS,SS,A

where: 

LL,A = latent heat loss, as defined in 4.1.6 of 

this appendix (for condensing vented 

heaters LL,A* for steady-state conditions) 

LS,SS,A = sensible heat loss at steady-state 

operation, as defined in 4.1.9 of this 

appendix 

For vented heaters equipped with either 

two-stage thermostats or with stepmodulating thermostats, calculate the steadystate efficiency at the reduced fuel input rate, 

hSS–L, expressed in percent and defined as: 

hSS–L = 100 ¥ LL,A ¥ LS,SS,A

where: 

LL,A = latent heat loss, as defined in 4.1.6 of 

this appendix (for condensing vented 

heaters LL,A* for steady-state conditions 

at the reduced firing rate) 

LS,SS,A = sensible heat loss at steady-state 

operation, as defined in 4.1.9 of this 

appendix in which LS,SS,Ais determined 

at the reduced fuel input rate 

For vented heaters equipped with twostage thermostats, calculate the steady-state 

efficiency at the maximum fuel input rate, 

hSS–H, expressed in percent and defined as: 

hSS–H = 100 ¥ LL,A ¥ LS,SS,A

where: 

LL,A = latent heat loss, as defined in 4.1.6 of 

this appendix (for condensing vented 

heaters LL,A* for steady-state conditions 

at the maximum fuel input rate) 

LS,SS,A = sensible heat loss at steady-state 

operation, as defined in 4.1.9 of this 

appendix in which LS,SS,Ais measured at 

the maximum fuel input rate 

For vented heaters equipped with stepmodulating thermostats, calculate the 

weighted-average steady-state efficiency in 

the modulating mode, hSS–MOD, expressed in 

percent and defined as: 

where: 

hSS–H = steady-state efficiency at the 

maximum fuel input rate, as defined in 

4.1.10 of this appendix 

hSS–L = steady-state efficiency at the reduced 

fuel input rate, as defined in 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 

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 

R = ratio of reduced to maximum heat output 

rates, as defined in 4.1.13 of this 

appendix 

* * * * * 

4.2.4.1 For manually-controlled heaters 

with various input rates the weighted average 

steady-state efficiency (hSS¥WT), is 

determined as follows: 

hSS¥WT = 100¥LL,A¥LS,SS,A

where: 

LL,A = latent heat loss, as defined in 4.1.6 of 

this appendix (for condensing vented 

heaters, LL,A* for steady-state conditions) 

LS,SS,A = steady-state efficiency at the reduced 

fuel input rate, as defined in 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 to this 

appendix for manually-controlled gas vented 

heaters or section 3.1.2 to 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. 

* * * * * 

4.3.3 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 stepmodulating thermostats, calculate LS,OFF

defined as: 

LS,OFF = X1 LS,OFF,red

where: 

X1 = as defined in 4.1.14 of this appendix 

LS,OFF,red = as defined as LS,OFF in 4.3.3 of this 

appendix at the reduced fuel input rate 

For vented heaters equipped with twostage thermostats, calculate LS,OFF defined as: 

LS,OFF = X1 LS,OFF,red +X2 LS,OFF,Max

where: 

X1 = as defined in 4.1.14 of this appendix 

LS,OFF,red =as defined as LS,OFF in 4.3.3 of this 

appendix at the reduced fuel input rate 

X2 = as defined in 4.1.15 of this appendix 

LS,OFF,Max = as defined as LS,OFF in 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: 


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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63427 

where: 

100 = conversion factor for percent 

0.24 = specific heat of air in Btu per 

pound¥°F 

Qin = fuel input rate, as defined in 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 

S mS,OFF (TS,OFF ¥TRA) = summation of the 

ten values (for single-stage or stepmodulating models) or twenty values (for 

two-stage models) of the quantity, mS,OFF

(TS,OFF ¥ TRA), measured in accordance 

with 3.3 of this appendix 

mS,OFF = stack gas mass flow rate pounds per 

minute 

TS,OFF = stack gas temperature measured in 

accordance with 3.3 of this appendix 

TRA = average room temperature measured in 

accordance with 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 

(TT + 460) = absolute temperature of the 

tracer gas entering the flow meter in 

degrees Rankine 

* * * * * 

4.3.6 Part-load fuel utilization efficiency. 

Calculate the part-load fuel utilization 

efficiency (hu) expressed as a percent and 

defined as: 

where: 

Cj = 2.8, adjustment factor 

Lj = jacket loss as defined in 4.1.5 

LL,A = Latent heat loss, as defined in 4.1.6 of 

this appendix (for condensing vented 

heaters LL,A* for cyclic conditions) 

ton = Average burner on time which is 20 

mins. 

LS,ON = On-cycle sensible heat loss, as 

defined in 4.3.1 of this appendix 

LS,OFF = Off-cycle sensible heat loss, as 

defined in 4.3.3 of this appendix 

LI,ON = On-cycle infiltration heat loss, as 

defined in 4.3.2 of this appendix 

LI,OFF = Off-cycle infiltration heat loss, as 

defined in 4.3.5 of this appendix 

PF = Pilot fraction, as defined in 4.1.4 of this 

appendix 

tOFF = average burner off-time per cycle, 

which is 20 minutes 

* * * * * 

■ 5. Appendix P to subpart B of part 430 

is revised to read as follows: 

Appendix P to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Pool Heaters 

Note: After [date 180 days after publication 

of the final rule in the Federal Register], any 

representations made with respect to the 

energy use or efficiency of pool heaters must 

be made in accordance with the results of 

testing pursuant to this appendix. After this 

date, if a manufacturer elects to make 

representations with regard to 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. 

Manufacturers conducting tests of gas-fired 

pool heaters after [date 30 days after 

publication of the final rule in the Federal 

Register] and prior to [date 180 days after 

publication of the final rule in the Federal 

Register], must conduct such test in 

accordance with either this appendix or 

appendix X as it appeared at 10 CFR Part 

430, subpart B, appendix P, in the 10 CFR 

Parts 200 to 499 edition revised as of January 

1, 2013. Any representations made with 

respect to the energy use or efficiency of such 

gas-fired pool heaters must be in accordance 

with whichever version is selected. Given 

that after [date 180 days after publication of 

the final rule in the Federal Register] 

representations with respect to the energy 

use or efficiency of pool heaters must be 

made in accordance with tests conducted 

pursuant to this appendix, manufacturers 

may wish to begin using this test procedure 

as soon as possible. 

On or after the compliance date for any 

amended energy conservation standards that 

incorporate standby mode and off mode 

energy consumption, all representations must 

be based on testing performed in accordance 

with this appendix in its entirety. 

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 employing a compressor, water-cooled 

condenser, and outdoor air coil. 

1.4 Electric resistance pool heater means 

an appliance designed for heating nonpotable 

water employing electric resistance heating 

elements. 

1.5 Fossil fuel-fired pool heater means an 

appliance designed for heating nonpotable 

water employing natural gas or oil burners. 

1.6 Hybrid pool heater means an 

appliance designed for heating nonpotable 

water 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, 

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 effects a difference in off mode energy 

consumption as compared to standby mode 

energy consumption. 

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 

ANSI Z21.56 (incorporated by reference; see 

§ 430.3). 

2.1.2 Electric resistance pool heaters. The 

test method for testing electric resistance 

pool heaters in active mode is as specified in 

ANSI/ASHRAE 146 (incorporated by 

reference; see § 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 ANSI/AHRI 1160 (incorporated 

by reference; see § 430.3), which references 

ANSI/ASHRAE 146 (incorporated by 

reference; see § 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. 


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63428 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 

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 § 430.3). 

3.1.2 Electric resistance pool heaters. 

Establish the test conditions specified in 

section 9.1.4 of ANSI/ASHRAE 146 

(incorporated by reference; see § 430.3). 

3.1.3 Electric heat pump pool heaters. 

Establish the test conditions specified in 

section 5 of ANSI/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 

ANSI/AHRI 1160 (80.6 °F [27.0 °C] Dry-Bulb, 

71.2 °F [21.8 °C]). 

3.1.4 Hybrid pool heaters. [Reserved] 

3.2 Standby mode and off mode. After 

completing the active mode tests described in 

section 3.1, reduce the thermostat setting to 

a low enough temperature to put the pool 

heater into standby mode. Reapply the 

energy sources and operate the pool heater in 

standby mode for 60 minutes. 

4. Measurements 

4.1 Active mode 

4.1.1 Fossil fuel-fired pool heaters. 

Measure the quantities delineated in section 

2.10 of ANSI Z21.56 (incorporated by 

reference; see § 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 ANSI/ASHRAE 146 (incorporated by 

reference; see § 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 ANSI/ASHRAE 146 

(incorporated by reference; see § 430.3). The 

elapsed time, tHP, from the start of electric 

power metering to the end shall be recorded, 

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 (Second Edition) (incorporated by 

reference; see § 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. The 

recorded standby power (PW,SB) shall be 

rounded to the second decimal place, and for 

loads greater than or equal to 10W, at least 

three significant figures shall be reported. 

4.3 Off mode. 

4.3.1 Pool heaters with a seasonal off 

switch. For pool heaters with a seasonal off 

switch, the average electric power 

consumption during the off mode, PW,OFF = 

0, and the fossil fuel energy consumed during 

the off mode, Qoff = 0. 

4.3.2 Pool heaters without a seasonal off 

switch. 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 

(Second Edition) (incorporated by reference; 

see § 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. The recorded off mode 

power (PW,OFF) shall be rounded to the 

second decimal place, and for loads greater 

than or equal to 10W, at least three 

significant figures shall be reported. 

5. Calculations. 

5.1 Thermal efficiency. 

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 § 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 ANSI/ASHRAE 146 

(incorporated by reference; see § 430.3). 

5.1.3 Electric heat pump pool heaters. 

Calculate the COP according to section 11.1 

of ANSI/ASHRAE 146. Calculate the thermal 

efficiency, Et (expressed as a percent): Et = 

100 * 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 = 4464 h 

QIN = rated fuel energy input as defined 

according to section 2.10.1 or section 

2.10.2 of ANSI Z21.56 (incorporated by 

reference; see § 430.3), as appropriate. 

(For electric resistance and 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) 

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 

§ 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 heat pump pool heaters, 

in Btu/h. 

Ec = electrical consumption of the heater 

(converted to equivalent unit of Btu), 

including the electrical energy to the 

recirculating pump if used, during the 

30-minute thermal efficiency test, as 

defined in section 2.10.1 of ANSI Z21.56 

for fossil fuel-fired pool heaters and 

section 9.1.4 of ANSI/ASHRAE 146 

(incorporated by reference; see § 430.3) 

for electric resistance pool heaters, in 

Btu per 30 min. 

2 = conversion factor to convert unit from per 

30 min. to per h. 

PErated = nameplate rating of auxiliary 

electrical equipment of heater, in Watts 

Ec,HP = electrical consumption of the 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 ANSI/ASHRAE 146, in Btu. 

tHP = elapsed time of data recording during 

the thermal efficiency test on heat pump 

pool heater, as defined in section 9.1 of 

ANSI/ASHRAE 146, in minutes. 

BOH = as defined in 5.2 of this appendix 

POH = as defined in 5.2 of this appendix 

PW,SB (Btu/h) = electrical energy 

consumption rate during standby mode 

expressed in Btu/h = 3.412 PW,SB, Btu/h 

PW,SB = as defined in 4.2 of this appendix 

PW,OFF (Btu/h) = electrical energy 

consumption rate during off mode 

expressed in Btu/h = 3.412 PW,OFF, Btu/ 

h 

PW,OFF = as defined in 4.3 of this appendix 

5.4 Integrated thermal efficiency. 

5.4.1 Calculate the seasonal useful output 

of the pool heater as: 

EOUT = BOH[(Et/100)(QIN + PE)] 

where: 

BOH = as defined in 5.2 of this appendix 

Et = thermal efficiency as defined in 5.1 of 

this appendix 

QIN = as defined in 5.2 of this appendix 

PE = as defined in 5.3 of this appendix 

100 = conversion factor, from percent to 

fraction 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63429 

5.4.2 Calculate the annual input to the pool 

heater as: 

EIN = EF + EAE

where: 

EF = as defined in 5.2 of this appendix 

EAE = as defined in 5.3 of this appendix 

5.4.3 Calculate the pool heater integrated 

thermal efficiency (TEI) (in percent). 

TEI = 100(EOUT/EIN) 

where: 

EOUT = as defined in 5.4.1 of this appendix 

EIN = as defined in 5.4.2 of this appendix 

100 = conversion factor, from fraction to 

percent 

[FR Doc. 2013–24352 Filed 10–23–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0872; Directorate 

Identifier 2013–SW–012–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Eurocopter France Model AS332C, 

AS332L, AS332L1, AS332L2, EC225LP, 

and SA330J helicopters with a certain 

tail rotor control turnbuckle 

(turnbuckle) installed. This proposed 

AD would require inspecting the 

turnbuckles for corrosion or a crack, and 

depending on the results, either 

replacing the turnbuckle or treating the 

turnbuckle for corrosion. This proposed 

AD is prompted by a report that a 

turnbuckle had failed because of 

corrosion. The proposed actions are 

intended to detect corrosion or a crack 

on a turnbuckle and prevent the failure 

of a turnbuckle, loss of control of the tail 

rotor and subsequent loss of control of 

the helicopter. 

DATES: We must receive comments on 

this proposed AD by December 23, 

2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov or in person at the 

Docket Operations Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

foreign authority’s AD, the economic 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations Office (telephone 

800–647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

For service information identified in 

this proposed AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http://

www.eurocopter.com/techpub. You may 

review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: 

Robert Grant, Aviation Safety Engineer, 

Safety Management Group, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

robert.grant@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2013– 

0081, dated March 26, 2013, to correct 

an unsafe condition for the Eurocopter 

Model SA330J, AS332C, AS332C1, 

AS332L, AS332L1, AS332L2, EC225LP 

helicopters equipped with tail rotor 

control turnbuckles, part number 

330A27–5031–20. EASA advises that 

one of the two turnbuckles installed on 

the tail rotor’s yaw flight control cables 

failed on a helicopter because of 

corrosion. The subsequent investigation 

revealed a lack of Mastinox sealant 

coating between both sides of the 

turnbuckle’s internal tappings and the 

interface screws of the end-fitting 

components of the yaw flight control 

cables. EASA advises that this likely 

caused the corrosion. This condition, if 

not detected and corrected, could lead 

to failure of a tail rotor control 

turnbuckle, resulting in loss of control 

of the tail rotor and subsequent loss of 

control of the helicopter. 

To address this condition, EASA 

issued AD No. 2013–0081, which 

requires repetitive inspections of each 

turnbuckle and, depending on the 

results, either replacing the turnbuckle 

or treating the turnbuckle for corrosion. 

EASA revised its AD and issued AD No. 

2013–0081R1, dated June 20, 2013, to 

clarify some of the requirements. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of France and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, EASA, its 

technical representative, has notified us 

of the unsafe condition described in its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

On March 14, 2013, Eurocopter issued 

Alert Service Bulletin (ASB) No. EC225– 

05A031 for Model No. EC225LP 

helicopters; ASB No. AS332–05.00.95 

for Model AS332C, AS332C1, AS332L, 

AS332L1 and AS332L2 and for military 

Model AS332B, AS332B1, AS332F1, 

mstockstill on DSK4VPTVN1PROD with PROPOSALS