This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

64621 

Vol. 75, No. 202 

Wednesday, October 20, 2010 

1This part was originally titled Part B. It was 

redesignated Part A in the United States Code for 

editorial reasons. 

2All references to EPCA refer to the statute as 

amended through the Energy Independence and 

Security Act of 2007, Public Law 110–140. 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2008–BT–TP–0020] 

RIN 1904–AB89 

Energy Conservation Program for 

Consumer Products: Test Procedures 

for Residential Furnaces and Boilers 

(Standby Mode and Off Mode) 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (DOE) is amending its test 

procedures for residential furnaces and 

boilers to include provisions for 

measuring standby mode and off mode 

energy consumption, as required by the 

Energy Independence and Security Act 

of 2007 (EISA 2007). These test 

procedure amendments are primarily 

based on and incorporate by reference 

provisions of the International 

Electrotechnical Commission (IEC) 

Standard 62301, ‘‘Household electrical 

appliances—Measurement of standby 

power.’’ This final rule adds new 

calculations to determine the annual 

energy consumption associated with 

standby mode and off mode measured 

power, and it modifies the existing 

energy consumption equations to 

integrate standby mode and off mode 

energy consumption into the calculation 

of overall annual energy consumption of 

these products. This final rule also 

adopts a number of definitions for key 

terms. 

DATES: This rule is effective November 

19, 2010. The incorporation by reference 

of certain publications listed in the rule 

is approved by the Director of the 

Federal Register on November 19, 2010. 

ADDRESSES: You may review copies of 

all materials related to this rulemaking 

at the U.S. Department of Energy, 

Resource Room of the Building 

Technologies Program, 950 L’Enfant 

Plaza, SW., Suite 600, Washington, DC 

(202) 586–2945, between 9 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mohammed Khan, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–7892. E-mail: 

Mohammed.Khan@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585. Telephone: 

(202) 586–9507. E-mail: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule incorporates by reference the 

following standard into part 430. 

• International Electrotechnical 

Commission (IEC) Standard 62301 (‘‘IEC 

62301’’), Household electrical 

appliances—Measurement of standby 

power (first edition, June 2005). 

Copies of IEC Standard 62301 can be 

purchased from the American National 

Standards Institute, 11 West 42nd 

Street, New York, New York 10036, 

(212) 642–4936, or http:// 

webstore.iec.ch. 

You can also view copies of this 

standards at the U.S. Department of 

Energy, Resource Room of the Building 

Technologies Program, 950 L’Enfant 

Plaza, SW., 6th Floor, Washington, DC 

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

and 4 p.m., Monday through Friday, 

except Federal holidays. 

Table of Contents 

I. Background and Authority 

II. Summary of the Final Rule 

III. Discussion 

A. Possible Conflicts Between IEC 

Standard 62301 and Existing Test 

Procedures 

B. Alternate Test Procedure for Boilers 

C. Additional Issues Raised by Energy 

Kinetics 

D. Need for an Integrated Annual Fuel 

Utilization Efficiency (AFUEI) 

E. Other Comments Received on the 

Supplemental Notice of Proposed 

Rulemaking 

IV. Effect of Test Procedure Revisions on 

Compliance With Standards 

V. Compliance With Other EPCA 

Requirements 

VI. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

VII. Approval of the Office of the Secretary 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291 et 

seq.; EPCA or the Act) sets forth a 

variety of provisions designed to 

improve energy efficiency. Part A 1 of 

Title III (42 U.S.C. 6291–6309) 

establishes the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles,’’ including 

residential furnaces and boilers (all of 

which are referenced below as ‘‘covered 

products’’).2 (42 U.S.C. 6291(1)–(2) and 

6292(a)(5)) 

Under the Act, this program consists 

essentially of three parts: (1) Testing; 

(2) labeling; and (3) establishing Federal 

energy conservation standards. The 

testing requirements consist of test 

procedures that manufacturers of 

covered products must use as the basis 

for certifying to DOE that their products 

comply with applicable energy 

conservation standards adopted under 

EPCA and for representing the 

efficiency of those products. Similarly, 

DOE must use these test procedures to 

determine whether the products comply 

with standards adopted under EPCA. 

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

criteria and procedures for DOE’s 

adoption and amendment of such test 

procedures. EPCA provides that ‘‘[a]ny 

test procedures prescribed or amended 


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3 IEC standards are available for purchase at: 

http://www.iec.ch. 

4EISA 2007 directs DOE to also consider IEC 

Standard 62087 when amending its test procedures 

to include standby mode and off mode energy 

consumption. See 42 U.S.C. 6295(gg)(2)(A). 

However, IEC Standard 62087 addresses the 

methods of measuring the power consumption of 

audio, video, and related equipment. However, IEC 

Standard 62087 does not include measurement of 

the power consumption of appliances such as 

furnaces and boilers. Therefore, DOE has 

determined that IEC Standard 62087 is not 

applicable to this rulemaking. 

under this section shall be reasonably 

designed to produce test results which 

measure energy efficiency, energy use, 

* * * or estimated annual operating 

cost of a covered product during a 

representative average use cycle or 

period of use, as determined by the 

Secretary [of Energy], and shall not be 

unduly burdensome to conduct.’’ (42 

U.S.C. 6293(b)(3)) In addition, if DOE 

determines that a test procedure 

amendment is warranted, it must 

publish proposed test procedures and 

offer the public an opportunity to 

present oral and written comments on 

them, with a comment period no less 

than 60 or more than 270 days. (42 

U.S.C. 6293(b)(2)) Finally, in any 

rulemaking to amend a test procedure, 

DOE must determine ‘‘to what extent, if 

any, the proposed test procedure would 

alter the measured energy efficiency 

* * * of any covered product as 

determined under the existing test 

procedure.’’ (42 U.S.C. 6293(e)(1)) If 

DOE determines that the amended test 

procedure would alter the measured 

efficiency of a covered product, DOE 

must amend the applicable energy 

conservation standard accordingly. (42 

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

On December 19, 2007, the Energy 

Independence and Security Act of 2007 

(EISA 2007), Public Law 110–140, was 

enacted. The EISA 2007 amendments to 

EPCA, in relevant part, require DOE to 

amend the test procedures for all 

covered products to include measures of 

standby mode and off mode energy 

consumption. Specifically, section 310 

of EISA 2007 provides definitions of 

‘‘active mode,’’ ‘‘standby mode,’’ and ‘‘off 

mode’’ (42 U.S.C. 6295(gg)(1)(A)); 

however, the statute permits DOE to 

amend these definitions in the context 

of a given product (42 U.S.C. 

6295(gg)(1)(B)). The legislation requires 

integration of such energy consumption 

‘‘into the overall energy efficiency, 

energy consumption, or other energy 

descriptor for each covered product, 

unless the Secretary determines that— 

(i) The current test procedures for a 

covered product already fully account 

and incorporate the standby and off 

mode energy consumption of the 

covered product; or 

(ii) Such an integrated test procedure 

is technically infeasible for a particular 

covered product, in which case the 

Secretary shall prescribe a separate 

standby mode and off mode energy use 

test procedure for the covered product, 

if technically feasible.’’ (42 U.S.C. 

6295(gg)(2)(A)) 

Under the statutory provisions 

introduced by EISA 2007, any such 

amendment must consider the most 

current versions of International 

Electrotechnical Commission (IEC) 

Standard 62301, Household electrical 

appliances—Measurement of standby 

power, (First Edition 2005–06) and IEC 

Standard 62087, Methods of 

measurement for the power 

consumption of audio, video, and 

related equipment (Second Edition, 

2008–09).3 Id. For residential furnaces 

and boilers, the statute directed DOE to 

prescribe any such amendment to the 

test procedures by September 30, 2009. 

(42 U.S.C. 6295(gg)(2)(B)(iv)) 

DOE’s current test procedure for 

residential furnaces and boilers is found 

at 10 CFR part 430, subpart B, appendix 

N, Uniform Test Method for Measuring 

the Energy Consumption of Furnaces 

and Boilers. DOE established its test 

procedures for furnaces and boilers in a 

final rule published in the Federal 

Register on May 12, 1997. 62 FR 26140. 

This procedure establishes a means for 

determining annual energy efficiency 

and annual energy consumption of gasfired, oil-fired, and electric furnaces and 

boilers. It is important to note that gasfired and oil-fired furnaces and boilers 

consume both fossil fuel and electricity. 

Electric furnaces and boilers only 

consume electricity. In this test 

procedure, fossil-fuel energy 

consumption is accounted for 

comprehensively over a full-year cycle, 

thereby satisfying EISA 2007 

requirements for fossil-fuel standby 

mode and off mode energy 

consumption. However, electrical 

energy consumption in standby mode 

and off mode is not accounted for in the 

current test procedure. 

Proposed amendments to include 

electrical energy consumption in 

standby mode and off mode were 

published in the Federal Register in the 

July 27, 2009, notice of proposed 

rulemaking (NOPR). 74 FR 36959. DOE’s 

proposal was presented and explained 

at a public meeting on August 18, 2009 

at DOE headquarters in Washington, DC. 

DOE invited written comments, data, 

and information on the NOPR and 

accepted such material through October 

13, 2009. 

Subsequent to the NOPR, DOE issued 

a Supplemental Notice of Proposed 

Rulemaking (SNOPR) for the purpose of 

adding an integrated metric that 

incorporates standby mode and off 

mode energy consumption into the 

statutorily-identified efficiency 

descriptor, Annual Fuel Utilization 

Efficiency (AFUE). The SNOPR was 

published in the Federal Register on 

April 5, 2010. 75 FR 17075. An 

extension of the comment period was 

published in the Federal Register on 

April 14, 2010. 75 FR 19296. The 

comment period closed on April 27, 

2010. 

II. Summary of the Final Rule 

In this final rule, DOE is amending 

the current test procedure for furnaces 

and boilers in order to implement recent 

amendments to EPCA pertaining to 

measurement of standby mode and off 

mode energy consumption. As an initial 

matter, DOE has concluded that the 

existing test procedures already fully 

account for and incorporate the standby 

mode and off mode fossil-fuel energy 

consumption of gas-fired and oil-fired 

furnaces and boilers. Accordingly, for 

the fossil-fuel aspect of these units, no 

further action is required. (42 U.S.C. 

6295(gg)(2)(A)(i)) However, to address 

electrical standby mode and off mode 

energy use, today’s amendments 

incorporate by reference into the DOE 

test procedures, the International 

Electrotechnical Commission’s (IEC) 

Standard 62301, Household electrical 

appliances—Measurement of standby 

power (First Edition 2005–06), as well as 

language to clarify application of this 

standard for measuring standby mode 

and off mode power consumption for 

furnaces and boilers.4

In addition, the amendments add new 

calculations to determine annual energy 

consumption associated with electrical 

standby mode and off mode measured 

power. The amendments modify 

existing energy consumption equations 

to integrate electrical standby mode and 

off mode energy consumption into the 

calculation of overall annual energy 

consumption of these products. Finally, 

the final rule also adopts definitions for 

a number of key terms. 

Since the time of the NOPR and 

public hearing, DOE proposed that one 

additional test procedure change is 

needed to carry out the purposes of 

EISA 2007. Specifically, it was thought 

necessary to add an integrated metric 

that incorporates standby mode and off 

mode energy consumption into the 

statutorily-identified efficiency 

descriptor, AFUE. For the reasons 

discussed below, after considering 

public comments, DOE has determined 

that the proposed test procedure change 


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5The existing provisions are found at Title 10 

part 430, subpart B, appendix N, which 

incorporates by reference sections of the American 

National Standards Institute (ANSI)/American 

Society of Heating, Refrigerating and AirConditioning Engineers (ASHRAE) Standard 103— 

1993, ‘‘Method of Testing for Annual Fuel 

Utilization Efficiency of Residential Central 

Furnaces and Boilers.’’ 

for an integrated metric is not 

technically feasible. 

Today’s amendments are essentially 

as proposed in the July 27, 2009 NOPR. 

74 FR 36959. DOE has provided further 

clarification in this final rule on how to 

implement the IEC Standard 62301 

standard, as a result of public 

comments. These comments and 

clarifications are discussed fully below. 

As provided by EPCA, amendments to 

the test procedure to measure standby 

mode and off mode energy consumption 

shall not be used to determine 

compliance with previously established 

standards. (42 U.S.C. 6295(gg)(2)(C)) 

Furthermore, EPCA requires DOE to 

determine whether a proposed test 

procedure amendment would alter the 

measured efficiency of a product, and 

require adjustment of the existing 

standards. (42 U.S.C. 6293(e)) However, 

the inclusion of standby mode and off 

mode test methods in this final rule will 

not affect a manufacturer’s ability to 

demonstrate compliance with the 

current energy conservation standards 

for residential furnaces and boilers. The 

new test procedure provisions clearly 

state that the standby mode and off 

mode test need not be performed to 

determine compliance with the current 

energy conservation standards for 

furnaces and boilers, because the 

standards do not comprehensively 

account for all standby mode and off 

mode energy consumption. 

Today’s final rule, which include 

provisions for measuring standby mode 

and off mode, will become effective in 

terms of adoption into the Code of 

Federal Regulations (CFR), 30 days after 

the date of publication in the Federal 

Register. Manufacturers will be required 

to use this test procedure’s standby 

mode provisions to demonstrate 

compliance with any future energy 

conservation standards for residential 

furnaces and boilers as of the 

compliance date of a final rule 

establishing amended energy 

conservation standards for furnaces and 

boilers that fully address standby mode 

and off mode energy consumption. The 

introductory note to 10 CFR part 430, 

subpart B, appendix N reads as follows: 

‘‘The procedures and calculations that 

refer to standby mode and off mode 

energy consumption, (i.e., sections 8.6 

and 10.9 of this appendix N) need not 

be performed to determine compliance 

with energy conservation standards for 

furnaces and boilers at this time. 

However, any representation related to 

standby mode and off mode energy 

consumption of these products made 

after April 18, 2011 must be based upon 

results generated under this test 

procedure, consistent with the 

requirements of 42 U.S.C. 6293(c)(2). 

After July 1, 2010, any adopted energy 

conservation standard shall address 

standby mode and off mode energy 

consumption, and upon the compliance 

date for such standards, compliance 

with the applicable provisions of this 

test procedure will also be required.’’ 

The quoted language will be removed in 

the rulemaking to amend the energy 

conservation standards for residential 

furnaces and boilers which must also 

address standby mode and off mode 

energy consumption. A statement has 

also been added to the introductory note 

to clarify that any representations 

pertaining to standby mode and off 

mode energy consumption that are 

made after a date 180 days after 

publication of the test procedure final 

rule in the Federal Register must be 

based upon testing under the relevant 

provisions of this test procedure. 

Although this is a statutory requirement 

under 42 U.S.C. 6293(c), DOE has 

concluded that it would be useful to 

explicitly state this requirement in 

DOE’s regulations. 

III. Discussion 

In the July 27, 2009 NOPR and at the 

subsequent August 18, 2009 public 

meeting, DOE sought input from 

interested parties on the proposed 

amendments to the DOE test procedure 

for furnaces and boilers to address 

standby mode and off mode energy use. 

Three written comments were received 

from the Air-Conditioning, Heating and 

Refrigeration Institute (AHRI), the 

People’s Republic of China (China), and 

Energy Kinetics, Inc. Two comments 

were generally supportive of the 

proposed amendments but asked for 

clarification and specific modifications 

on how to implement the IEC Standard 

62301 in light of some possible conflicts 

with the existing test procedure’s 

specifications. (AHRI, No. 08 at pp. 

1–2; China, No. 09 at p. 3.) A third 

comment asked for consideration of a 

completely new test procedure for 

boilers (Energy Kinetics, No. 3 at pp. 

1–3). This third comment is not directly 

related to the purpose of these 

amendments that are the basis for this 

test procedure rulemaking to address 

measurement of standby mode and off 

mode energy consumption, but it is 

discussed separately below. 

In general, DOE has retained the 

approach to measurement of standby 

mode and off mode presented in the 

July 2009 NOPR with certain 

modifications based upon public 

comment input, so for further details, 

please consult that document. 74 FR 

36959 (July 27, 2009). DOE notes that 

numerous comments were received on 

the supplemental proposal of an 

integrated AFUE (AFUEI), the 

overwhelming majority of which 

opposed adoption of the proposed 

integrated metric. These comments and 

the overall discussion of the regulating 

metric for this product are discussed 

below. However, to summarize here, 

based upon a careful examination of 

these public comments, DOE has 

concluded that an integrated metric 

(AFUEI) is not technically feasible, 

because the standby mode and off mode 

energy usage, when measured, is 

essentially lost in practical terms due to 

the fact that manufacturers’ ratings of 

AFUE are presented to the nearest 

whole number. Consequently, DOE has 

decided to withdraw its AFUEI

proposal. 

A. Possible Conflicts Between IEC 

Standard 62301 and Existing Test 

Procedures 

The AHRI comments recommended 

that the existing test procedure’s 

provisions 5 should be used whenever 

there is a possible conflict with IEC 

Standard 62301. Specifically, AHRI 

suggested that because the additional 

proposed measurements will be taken in 

the course of the overall conduct of the 

existing test procedure, ambient 

temperature, test voltage and frequency, 

and instrument accuracy should be the 

same as is currently specified in the 

furnace and boiler test procedure. 

(AHRI, No. 3 at p. 1) The comment from 

China pointed out the same possible 

conflicts but only asked for clarification. 

(China, No. 09 at p. 3) 

DOE has further analyzed the various 

provisions of both the existing test 

procedure and IEC Standard 62301 and 

has concluded that some of the 

provisions of IEC Standard 62301 could 

represent either a conflict or 

unnecessary burden. Accordingly, DOE 

believes some additional clarification is 

necessary in this final rule. The 

following discussion outlines, 

parameter by parameter, where the 

existing procedures are to apply and 

where the IEC procedures are to apply. 

On the matter of ambient temperature, 

DOE agrees with AHRI that the existing 

test procedure specification should be 

used. Ambient temperature is an 

important measurement within the 

existing test procedure and has bearing 


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64624 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

on the overall efficiency determination 

of the appliance. Considerable effort is 

required to maintain a reasonably 

uniform ambient temperature in the 

testing facility during actual testing of 

furnaces and boilers. This is because 

there is considerable heat being 

produced by the operation of the 

appliance during testing. The existing 

provisions require a determination of 

average ambient temperature by taking 

multiple measurements at various 

locations around the appliance; the air 

for combustion and draft relief must not 

differ by more that 5 °F from the average 

ambient temperature, and the average 

ambient temperature must remain in a 

specified range during all tests (section 

8.5, Room Ambient Temperature, of the 

ASHRAE 103—1993). In contrast, IEC 

Standard 62301 only specifies an 

ambient temperature requirement of (23 

+/¥ 5) °C (section 4.2, Test room, of IEC 

Standard 62301). DOE believes this 

limited specification in IEC Standard 

62301 is indicative that ambient 

temperature is not likely to have a 

significant effect on the measurement of 

standby mode and off mode wattage, 

provided that a reasonable range of 

temperature is maintained. Since an 

ambient temperature within a 

reasonable range is all that is required 

under IEC Standard 62301, and given 

that an increased testing burden may 

result from adoption of the slightly 

different IEC Standard 62301 ambient 

temperature provision, DOE has 

concluded that the existing, more 

detailed specification of ambient 

temperature is appropriate for the 

standby mode and off mode wattage 

measurements. In this final rule, DOE is 

explicitly clarifying the ambient 

temperature requirement in its 

regulations at 10 CFR part 430, subpart 

B, appendix N, sections 8.6.1 and 8.6.2. 

On the matter of voltage and 

frequency, section 4.3, Power supply, of 

IEC Standard 62301 states that ‘‘where 

the IEC standard is referenced by an 

external standard or regulation that 

specifies a test voltage and frequency, 

the test voltage and frequency so 

defined shall be used for all tests.’’ The 

DOE test procedures for residential 

furnaces and boilers would be 

considered such an external standard, 

except that the DOE test procedure only 

specifies voltage and not frequency. 

Accordingly, it is not clear that this 

deference to the existing test procedures 

should automatically apply. 

IEC Standard 62301 specifies the test 

voltage and frequency of the country for 

which the measurement is being 

determined (e.g., 115V, 60Hz for North 

America). IEC Standard 62301 specifies 

that the tested voltage and frequency 

should be within 1 percent of these 

values. As noted above, in the existing 

test procedure, there is no specification 

of frequency, but throughout the United 

States, 60 Hz is the frequency of the 

distributed electrical power. Therefore, 

there is no possible conflict regarding 

frequency, so DOE has determined that 

the 60Hz specification should apply. 

The voltage specification in the existing 

test procedure is expressed as ‘‘within 

1% of nameplate voltage.’’ Typically, 

nameplate voltage would be either 115V 

or 120V. Therefore, the difference in 

testing voltage possible is either nonexistent or very small, especially 

considering the same specified 

tolerance. In view of this small possible 

difference in the voltage specification 

and the general deference given to 

external standards, DOE has clarified in 

this final rule that the existing test 

procedure’s specification for voltage 

shall apply to the standby mode and off 

mode measurements. In this final rule, 

DOE is explicitly clarifying the 

frequency and voltage requirements in 

its regulations at 10 CFR part 430, 

subpart B, appendix N, sections 8.6.1 

and 8.6.2. 

On the issue of measurement 

accuracy, DOE continues to believe, as 

stated in the NOPR, that the relevant 

IEC Standard 62301 provisions are 

reasonable and appropriate for the low 

wattage levels expected for furnaces and 

boilers in standby mode and off mode 

and should not pose a significant 

burden to the furnace and boiler 

industry or the associated testing 

industry. 74 FR 36959, 36966 (July 27, 

2009). It is noted that these 

measurement accuracy provisions 

discussed here only apply to the new 

measurement requirements for standby 

mode and off mode added by this final 

rule. This final rule does not affect the 

existing test procedures’ accuracy 

provision which applies for the active 

mode measurements. AHRI in its 

comment recommended that the 

existing test procedure provisions on 

measurement accuracy should be used 

for all electrical measurements 

including the newly proposed 

measurements. The accuracy provision 

in the existing test procedure states ‘‘the 

error shall be no greater than 1%’’ 

(section 6.10, Energy Flow Rate, of 

ASHRAE Standard 103—1993). In 

contrast, IEC Standard 62301’s accuracy 

provision states ‘‘measurements * * * 

shall be made with an uncertainty of 

less than or equal to 2% at the 95% 

confidence level’’ (section 4.5, Power 

measurement accuracy, of IEC Standard 

62301). In addition, section 5 of IEC 

Standard 62301 outlines measurement 

procedures that clarify how stability is 

to be addressed in the testing (section 5, 

Measurements, of IEC Standard 62301). 

AHRI stated that the ‘‘95% confidence’’ 

provision implies repeated 

measurements and is not consistent 

with any other measurements taken in 

the course of conducting testing under 

the residential furnace and boiler test 

procedure. (AHRI, No. 3 at p. 1). In 

follow-up comments, AHRI provided 

detailed recommendations that maintain 

the instrument accuracy specification of 

the existing test procedure (i.e., no 

greater than 1-percent error). Also 

included in the AHRI detailed 

recommendations is an added stability 

measurement procedure that involves 

multiple measurements similar to what 

is outlined in section 5 of the IEC 

Standard 62301 procedures (AHRI, No. 

11 at pp. 3–4). AHRI did not provide 

any data as to the potential for increased 

cost, time, or other burden that might 

result from adopting the IEC accuracy 

provisions in total. 

In response, DOE believes the IEC 

accuracy provisions, including the ‘‘95% 

confidence’’ format, are consistent with 

how instrument and measurement 

accuracy are specified in the present 

day, whereas the existing test procedure 

provision format is consistent with how 

instrument and measurement accuracy 

were specified at the time the test 

procedures were first developed. In 

addition, in this case, DOE does not 

believe the IEC provision is more 

stringent or burdensome than the 

existing provision. Taken together, DOE 

does not view the AHRI comments as 

providing a reason to depart from the 

IEC measurement accuracy provision. 

DOE had decided to retain its proposed 

approach to measurement accuracy, 

because the IEC accuracy provision is 

consistent with how present day 

instrument and measurement 

procedures are specified, should not 

represent a significant increase in 

testing burden, and will provide the 

additional benefit of measurement 

consistency across DOE product types. 

This latter point is of interest to DOE in 

the context of energy conservation 

standards where the analysis and 

consideration of regulating standby 

mode and off mode energy consumption 

would be served by a consistent 

measurement basis across product 

types. 

In summary, DOE has revisited the 

IEC Standard 62301 provisions in order 

to address the comments received and 

has, for the reasons stated above, 

decided to require existing test 

procedure specifications to govern 

ambient temperature and voltage during 

the standby mode and off mode tests. 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64625 

6Flue loss method of test involves measurement 

of the actual energy loss occurring in the exiting 

flue passage. Annual efficiency is determined as 

100 percent minus the on-period and off-period flue 

losses and other appropriate losses (e.g., jacket 

losses for outdoor units and air infiltration losses 

for indoor units). Input/output method of test 

involves direct measurement of the useful output of 

the unit. For hot water boilers this output would be 

the heat content of the circulating water. Under the 

input/output method of test, annual efficiency 

would be inferred by some combination of 

laboratory simulation or mathematical modeling 

utilizing these heat measurements. 

However, also for reasons stated above, 

DOE is requiring use of IEC Standard 

62301 as the governing standard for 

standby mode and off mode instrument 

and measurement accuracy. 

B. Alternate Test Procedure for Boilers 

The comments from Energy Kinetics 

presented what it believes to be a 

myriad of shortcomings of the existing 

DOE test procedures as applied to 

boilers. The dominant point made in the 

comment is to suggest that an input/ 

output method of test, in lieu of the 

current test procedure’s flue loss 

method of test, would be more 

appropriate for boilers.6 However, the 

commenter did not recommend any 

specific alternate test method. (Energy 

Kinetics, No. 3 pp. 1–3, specifically 

points 1.0, 2.0, 4.0, and 6.0) Although 

generally outside the scope of the 

present rulemaking to address standby 

mode and off mode energy use, DOE is 

aware of the developments and possible 

advantages of input/output methods and 

is appreciative of the efforts made by the 

commenter in presenting these issues 

from their perspective. Conceptually, 

DOE sees merit in a number of points 

made in the comments. Specifically, 

DOE believes any time a more complete 

or more comprehensive analysis is 

suggested, its potential for use in a test 

procedure should be given serious 

consideration. However, it is DOE’s 

view at this time that the input/output 

methodology has not progressed to the 

point that it can be considered for 

addition or substitution directly into 

DOE regulations. Specifically, DOE is 

not aware of an agreed upon 

representative average use simulation or 

model, utilizing input/output method of 

test, which might meet the statutory 

requirements for a DOE test procedure. 

The statute requires that ‘‘any test 

procedure prescribed or amended * * * 

shall be reasonably designed to produce 

test results which measure energy 

efficiency * * * of a covered product 

during a representative average use 

cycle or period of use * * * and shall 

not be unduly burdensome to conduct.’’ 

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

The commenter has not offered such a 

procedure for consideration. 

Nonetheless, DOE acknowledges that 

this is an important issue, and, 

accordingly, DOE will monitor the 

efforts of ASHRAE and others in 

developing improved testing methods. 

C. Additional Issues Raised by Energy 

Kinetics 

Within the overall suggestion to 

consider a different test procedure for 

boilers, the Energy Kinetics comments 

raised issues regarding the existing DOE 

boiler test procedure that are not 

necessarily related to the test 

methodology issue discussed above. 

Although these issues may have some 

relevance to the test methodology issue, 

they are independent enough to merit 

separate discussion. 

First, Energy Kinetics suggested in its 

comments that the treatment of jacket 

losses in the existing test procedure is 

inappropriate for boilers. (Energy 

Kinetics, No. 03 pp. 1–3, specifically 

points 4.4, 4.5, 5.0, and 5.1). Key to this 

interpretation is the commenter’s belief 

that the heat energy from the boiler 

jacket should not be credited as useful 

heat to the home. This belief would be 

true for boilers installed outdoors but 

not true for boiler installed indoors. For 

uniformity purposes, the existing test 

procedure minimizes the number of 

ratings to just two; indoor ratings for 

boilers that are not weatherized and 

outdoor ratings for boilers that are 

weatherized. (10 CFR part 430, subpart 

B, appendix N, section 10.1) Indoor 

ratings (i.e., non-weatherized) assume 

all jacket heat is useful heat, and 

outdoor ratings (i.e., weatherized) 

assume all jacket heat is an energy loss. 

These existing provisions provide a 

uniform basis of comparison for indoor 

installed boilers that is reasonably 

representative without requiring a 

separate test to determine and added 

calculations to deduct (or partially 

deduct) jacket loss. Also, these existing 

provisions provide a uniform basis of 

comparison for outdoor installed boilers 

where a full jacket loss deduction is 

appropriate. It is interesting to note, a 

full deduction of jacket loss for indoor 

boilers, although inappropriate, would 

easily be accommodated in an input/ 

output test methodology since, in that 

methodology, only the heat content of 

the circulating water is credited as 

useful heat. In effect, this limit on only 

crediting circulating water heat results 

in a full deduction of any jacket loss. 

This fact supports the commenter’s 

preference for a full jacket loss 

deduction for all boilers. 

In consideration of all of the above, 

DOE believes the points Energy Kinetics 

raised are outside of the scope of this 

rulemaking and does not see the need to 

delay this final rule for the purposes of 

reconsidering the existing provisions on 

jacket loss. DOE believes that a better 

path would be to consider this issue as 

part of a more comprehensive future 

rulemaking to consider updates to the 

residential furnaces and boilers test 

procedure. 

The Energy Kinetics comment also 

identified two areas where it believes 

the test procedures should be expanded: 

(1) Use of advanced controls, and (2) the 

combination of water heating and space 

conditioning functions. (Energy 

Kinetics, No. 03 pp. 1–3, specifically 

points 2.0, 4.6, and 5.2) These are issues 

of which DOE is aware and which are 

currently under study within the test 

procedure support community. As with 

the jacket loss issue, DOE believes this 

issue is out of scope and does not see 

the need to delay this final rule for the 

purposes of addressing these 

complicated issues at this time. Again, 

DOE believes that a better path would 

be to consider these issues as part of a 

more comprehensive future rulemaking 

to consider updates to the residential 

furnace and boilers test procedure. 

Finally, Energy Kinetics stated that a 

separate metric should be developed to 

provide information on the relative 

difference in energy efficiency across 

different distribution systems (e.g. 

ducted distribution systems vs. 

hydronic systems). (Energy Kinetics, No. 

03 p. 2, specifically points 7.0, 7.1, and 

7.2.) In response, DOE notes that the test 

procedure’s focus is the testing and 

differentiation of energy performance of 

the manufactured product. Annual 

energy consumption estimates reflect a 

uniform application of representative 

values that result in an energy or 

monetary value of a given manufactured 

product’s performance, all for the 

purposes of comparison. One could 

argue that the test procedure’s annual 

energy consumption estimates are 

inaccurate because of this lack of 

distribution efficiency consideration. 

However, one could also argue that the 

test procedure provides for a means to 

uniformly test and compare all boilers 

regardless of effects of actual 

distribution systems. In any event, the 

issue is outside of the scope of this 

rulemaking and will not be considered 

further or resolved here. Once again, 

DOE believes that a better path would 

be to consider this issue as part of a 

more comprehensive future rulemaking 

to consider updates to the residential 

furnaces and boilers test procedure. 


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D. Need for an Integrated Annual Fuel 

Utilization Efficiency (AFUEI) 

Subsequent to publication of the July 

2009 NOPR and the related public 

hearing, DOE proposed one additional 

test procedure change that it tentatively 

determined is needed to carry out the 

purposes of EISA 2007. Specifically, 

DOE proposed to add an integrated 

metric that incorporates standby mode 

and off mode energy consumption into 

the statutorily-identified efficiency 

descriptor, AFUE. Key to DOE’s 

tentative determination is the 

specification of AFUE as the required 

energy efficiency descriptor for furnaces 

in the statute. (42 U.S.C. 6291(22)). EISA 

2007 requires, if technically feasible, 

integration of standby mode and off 

mode energy consumption into the 

overall energy efficiency, energy 

consumption, or other energy 

descriptor. (42 U.S.C. 6295(gg)(2)(A)) 

The July 2009 NOPR proposed 

accomplishing this integration by 

incorporating standby mode and off 

mode energy consumption into the 

energy consumption equations and 

other energy descriptors. It was thought 

at the time of the proposal that this 

extent of integration was sufficient to 

satisfy the requirements of EISA 2007. 

However, because of the specific 

identification of AFUE as the efficiency 

descriptor for furnaces in the statute, 

DOE interpreted EISA 2007 as requiring, 

if technically feasible, an integrated 

AFUE that reflects standby mode and off 

mode energy consumption for both 

fossil fuel and electricity. DOE reasoned 

that this approach would also allow for 

a smooth transition to the EISA 2007 

requirement that all energy conservation 

standards adopted after July 1, 2010 

must account for standby mode and off 

mode energy consumption. (42 U.S.C. 

6295(gg)(3)(A)) 

As noted above, this matter was the 

subject of an SNOPR published in the 

Federal Register on April 5, 2010. 75 FR 

17075. 

Numerous comments opposed both 

the need for AFUEI and the possibility 

of regulating by AFUEI. In sum, these 

comments suggested that DOE has 

misinterpreted the statute in terms of 

requiring the integration of standby 

mode and off mode energy consumption 

into the AFUE metric and further that 

regulating by AFUEI would be counter 

to the intent of EISA 2007, so the 

separate standard form of regulation, as 

contemplated by EISA 2007, should be 

pursued instead. Commenters 

overwhelmingly opposed DOE’s 

proposed integrated AFUEI metric, as 

presented in the SNOPR. 

On the first point, Lennox, AHRI, and 

American Council for an EnergyEfficient Economy (ACEEE) all asserted 

that in their reading of the EISA 2007 

statute, the requirement to integrate 

standby mode and off mode energy 

consumption into the AFUE metric is 

not mandated. (Lennox, No. 20 at p. 3; 

AHRI, No. 08 at p. 2; ACEEE, No. 18 at 

p. 3) These commenters believe DOE is 

given latitude in the statute to integrate 

if it chooses and that there is no 

mandate that DOE must integrate the 

standby and off mode consumption into 

the AFUE descriptor. Other commenters 

pointed out the mathematical 

inconsistencies associated with adding 

consumption values within an 

efficiency descriptor. (Carrier No. 17 at 

p. 3; AHRI, No. 16 at p. 2) In support 

of this inconsistency argument, ACEEE 

stated that the proposed approach for 

AFUEI is counter to DOE’s own position 

taken in its test procedure final rule for 

fluorescent lamp ballasts. 74 FR 54445 

(Oct. 22, 2009). In the technical support 

document (TSD) for that rulemaking, 

DOE stated, ‘‘Because BEF [ballast 

efficiency factor] is a measure of 

efficiency and standby mode power is a 

measure of energy consumption, DOE 

does not believe it is feasible to 

incorporate a measure of standby mode 

energy use into the BEF metric.’’ 

(ACEEE, No. 18 at p. 2) In contrast, 

comments from the American Gas 

Association (AGA) and the American 

Public Gas Association (APGA) were 

supportive of the integrating concept. 

However, while these entities support 

the proposal for AFUEI, they argued that 

the included conversion factor 

transposing the point-of-use electrical 

energy into an expression of Btu 

provides only a partial picture of the 

total energy use of these products. AGA 

and APGA stated that it would be more 

appropriate to convert measured site 

energy to source energy to capture 

transmission losses. Accordingly, AGA 

and APGA recommended that the 

proposed integrated metric should be 

adjusted for a full-fuel-cycle measure of 

energy consumption and encouraged 

further integration of electricity 

consumption utilizing the full fuel cycle 

into the regulatory process. (AGA, No. 

19, at pp. 1–3; APGA, No. 23 at pp. 

1–2) 

Further objection to AFUEI was 

expressed in the comments if in fact 

DOE uses AFUEI as the basis of 

regulation. Specifically, it was argued 

that because of the relatively small 

magnitude of the standby mode and off 

mode loss, the results for AFUEI are not 

materially different enough from the 

existing test procedure’s AFUE to allow 

for effective differentiation and 

regulation, and, therefore, integration is 

not feasible. (ACEEE, No. 18 at p. 4) 

Earthjustice asserted that the rounding 

allowed in the test procedure and the 

associated sampling provisions would 

‘‘swallow’’ the effect of standby mode 

and off mode. (Earthjustice, No. 21 at 

pp. 3–4) Trane further argued that the 

integrated AFUE would have the 

perverse effect of making larger-capacity 

furnaces inappropriately appear to be 

slightly more efficient than smaller 

furnaces. This is because the magnitude 

of standby mode and off mode energy 

consumption could be the same across 

a given manufacturer’s models of 

different capacities. The result, in that 

case, is a smaller adjustment in terms of 

efficiency percentage for larger furnaces, 

even though the potential energy 

savings by reducing standby mode and 

off mode energy consumption is the 

same. (Trane, No. 14 at p. 3) 

Key to the opposition to AFUEI as the 

regulating metric is the distinction made 

in the statute as to ‘‘technically feasible’’ 

with regard to test procedure 

integration, and ‘‘feasible’’ with regard to 

a single new or amended standard. (42 

U.S.C. 6295(gg)(2)(A) and (3)) 

Specifically, objecting comments 

maintain that the AFUEI provides an 

ineffective basis for regulation, and, 

therefore, it makes it infeasible to 

carryout the intent of EISA 2007. These 

commenters reasoned that a separate 

metric such as that provided in the 

original NOPR, specifically ESO or the 

measured wattage, would be a feasible 

basis of regulation. 

In consideration of the above, DOE 

reexamined the applicable provisions of 

EPCA regarding standby mode and off 

mode energy consumption. Specifically, 

EPCA requires that the test procedures 

for all covered products be amended to 

include standby mode and off mode 

energy consumption by integrating such 

energy consumption into the overall 

energy efficiency, energy consumption, 

or other energy descriptor for each 

covered product, unless the Secretary 

determines that: (1) The current test 

procedures for a covered product 

already fully account for and 

incorporate the standby mode and off 

mode energy consumption of the 

covered product; or (2) such an 

integrated test procedure is technically 

infeasible for a particular covered 

product, in which case, the Secretary 

shall prescribe a separate standby mode 

and off mode energy use test procedure 

for that covered product, if technically 

feasible. (42 U.S.C. 6295(gg)(2)(A)) 

To examine the commenters’ claim 

that an integrated AFUE metric (AFUEI) 

is infeasible, DOE further investigated 


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the magnitude of the standby mode and 

off mode electrical use for residential 

furnaces. DOE conducted testing of 

various commercially-available 

residential furnaces that span a range of 

efficiencies, input capacities, and 

manufacturers, and found that the 

standby mode and off mode electrical 

rate of consumption ranges from 2 to 10 

watts, depending on the residential 

furnace’s features. A typical residential 

furnace uses approximately 7 watts of 

electrical standby mode and off mode 

power. Some common components 

contributing to the electrical standby 

mode and off mode energy consumption 

include the interruptible igniter, the 

control board for the furnace, and any 

additional controls used in the furnace 

blower-motor assembly. When the hours 

that the furnace spends in standby mode 

and off mode are considered, standby 

mode and off mode power consumption 

of 7 watts results in a total of 

approximately 55 kilowatt hours of 

electrical use annually per furnace. The 

total annual fossil fuel energy use for a 

typical furnace with an input capacity 

of 80,000 Btu/h is at least 400 times 

greater than the electrical standby mode 

and off mode energy consumption, 

depending on the operating conditions 

of the furnace. Thus, when the electrical 

consumption in standby mode and off 

mode is added to the fossil fuel energy 

consumption in all modes of operation 

in the AFUEI equation, as proposed in 

the SNOPR, the standby mode and off 

mode electrical consumption would 

have an insignificant impact on the 

value of AFUEI. Using the 

approximations described above, the 

standby mode and off mode electrical 

consumption would be 1/400th or 0.25 

percent of the fossil fuel energy 

consumption. Currently, the Federal 

energy conservation standards and 

manufacturers’ ratings of AFUE are 

presented to the nearest whole number. 

Consequently, given rounding 

conventions, standby mode and off 

mode would be likely to effect a change 

in the standard level for furnaces and 

boilers in only rare cases, if an 

integrated AFUE metric were adopted. 

After considering the comments on 

the SNOPR, DOE has determined that it 

is technically infeasible to integrate the 

standby mode and off mode energy use 

with active mode energy use for 

furnaces because the standby mode and 

off mode energy usage, when measured, 

is essentially lost in practical terms due 

to the fact that manufacturers’ ratings of 

AFUE are presented to the nearest 

whole number. 

In light of the comments and DOE’s 

re-examination explained above, DOE is 

abandoning its supplemental proposal 

to integrate the standby mode and off 

mode electrical energy consumption 

into the AFUE descriptor for residential 

furnaces. Instead, DOE is adopting 

amendments to the residential furnaces 

and boilers test procedure to separately 

measure the electrical power 

consumption of those products in 

standby mode and off mode (i.e., PSB

and POFF) as specified in its original 

NOPR. 74 FR 36959, 36970–71 (July 27, 

2009). In addition, DOE is adopting the 

calculations as specified in its original 

NOPR, which allow the electrical power 

consumption to be translated into an 

annualized energy consumption value 

based on the hours the furnace spends 

operating in standby mode and off mode 

(i.e., ESO). Id. This approach would 

allow for the measurement of standby 

mode and off mode electrical 

consumption of different furnace and 

boiler products. Although the 

magnitude of energy savings may be 

small for a given unit, it could be 

substantial when aggregated across the 

full range of covered products over the 

30-year analysis period. DOE plans to 

further address the standby mode and 

off mode electrical consumption of 

residential furnaces through the use of 

one of these separate energy descriptors 

in the current standards rulemaking. For 

additional information, see http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

furnaces_boilers.html. 

E. Other Comments Received on the 

Supplemental Notice of Proposed 

Rulemaking 

Comments were received in response 

to the SNOPR that were not related to 

the subject of the SNOPR but rather 

were related to aspects of the original 

NOPR. Although these comments are 

outside of the narrowed focus of the 

SNOPR, DOE did not want to 

unnecessarily limit the opportunity for 

public comment and is addressing these 

comments here. These additional 

comments objected to the integration 

and accounting of standby mode and off 

mode energy consumption as presented 

in the July 2009 NOPR. Specifically, 

Carrier, Rheem, and AHRI argued that 

the annual accounting of electricity 

energy consumption, as expressed in the 

test procedure’s descriptor EAE, should 

not include the addition of standby 

mode and off mode energy 

consumption, because EAE without such 

addition is currently being used by the 

industry, and to change this value now 

would unnecessarily burden 

manufacturers. (Carrier, No. 17 at p. 3: 

Rheem, No. 15 at pp. 8–9: AHRI, No. 16 

at pp. 4–5) The EAE descriptor is the 

annual electrical energy consumption of 

furnaces and boilers. This annual 

consumption descriptor has always 

been a part of the test procedures for 

furnaces and boilers, and it is used to 

obtain a representative annual operating 

cost for furnaces and boilers. For fossilfueled furnaces and boilers, the annual 

operating cost is the sum of the annual 

electrical operating cost plus the annual 

fossil fuel cost. The July 2009 NOPR 

proposed to modify this descriptor by 

adding the additional electrical 

consumption represented by the newlyadded standby mode and off mode 

energy consumption. No comments 

were received objecting to this addition 

to EAE at the time of the original NOPR. 

However, in response to the SNOPR, 

these commenters now report that EAE

without the addition of standby mode 

and off mode energy consumption is 

being used currently to identify 

electrically efficient furnaces and also to 

identify efficient furnace fans for the 

purposes of tax credits. Adding standby 

mode and off mode energy consumption 

to the EAE term is problematic because 

it would change the meaning of the 

existing rebate and tax credit criterion 

based on EAE. In response, DOE does not 

see the need to withdraw the proposed 

modification of EAE for the convenience 

of current programs using the 

unmodified EAE descriptor. Rather, DOE 

believes that the modified descriptor is 

both consistent with the directives in 

EISA 2007 and also provides a more 

complete basis for product comparison. 

Accordingly, DOE is adopting the 

proposed modification to EAE as part of 

this final rule. 

A second objection was received 

regarding the proposed ESO descriptor. 

ESO is the annual sum of standby mode 

and off mode electrical energy 

consumption. Trane and Rheem 

objected to the accounting or hourly 

assignments proposed for the ESO

descriptor, because such accounting is 

inaccurate in their view. In the 

proposed amendments, electric standby 

mode is defined as the off period during 

the heating season, and off mode is 

defined as the entire non-heating 

season. These definitions allow for the 

use of the hourly assignments already in 

the test procedures. Taken together, 

these proposed assignments would 

provide a full year’s accounting of the 

energy consumption. Trane argued that 

there is some overstatement of ESO

because some of the off period for one 

of the electrical components (i.e., 

circulating fan) is actually in active 

mode because of the possible active 

cooling load hours utilizing this same 

fan. Rheem argued the opposite point, 

because in Rheem’s view, the proposed 


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64628 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

ESO assignments understate the actual 

standby mode energy consumption; 

Rheem reasoned that some electronic 

losses are constant, and an annual 

consumption approximation of the 

wattage times a full year of 8760 hours 

would be more appropriate. As one can 

see, there is no perfect resolution to this 

accounting problem. Accordingly, DOE 

finds the proposed accounting in the 

NOPR to be reasonably accurate and 

appropriate for the integration necessary 

to implement the relevant provisions of 

EISA 2007. Accordingly, DOE has 

decided to retain the accounting 

methodology associated with ESO for 

this final rule. 

IV. Effect of Test Procedure Revisions 

on Compliance With Standards 

In amending a test procedure, section 

323(e) of EPCA directs DOE to 

determine to what extent, if any, the test 

procedure would alter the measured 

energy efficiency of the covered 

product. If the amended test procedure 

alters the measured efficiency, the 

Secretary must amend the applicable 

energy conservation standard to the 

extent the amended test procedure 

changes the energy efficiency of 

products that minimally comply with 

the existing standard. (42 U.S.C. 

6293(e)) The current energy 

conservation standard for furnaces and 

boilers is based on a metric, AFUE, 

which is not effected by the inclusion of 

electrical standby mode and off mode 

energy consumption. As explained 

below, this final rule has no effect on 

the current energy conservation 

standard. 

As provided by EPCA, amendments to 

the test procedures to include standby 

mode and off mode energy consumption 

shall not be used to determine 

compliance with previously established 

standards. (42 U.S.C. 6295(gg)(2)(C)) 

The inclusion of a standby mode and off 

mode test method in this final rule will 

not affect a manufacturer’s ability to 

demonstrate compliance with the 

existing energy conservation standards 

for residential furnaces and boilers. The 

standby mode and off mode tests need 

not be performed to determine 

compliance with the current energy 

conservation standards for furnaces and 

boilers because the current standards do 

not comprehensively account for 

electrical standby mode and off mode 

energy consumption. 

Today’s final rule, which includes 

provisions for measuring standby mode 

and off mode energy consumption, will 

become effective, in terms of adoption 

into the Code of Federal Regulations 

(CFR), 30 days after the date of 

publication in the Federal Register. 

Manufacturers will be required to use 

this test procedure’s standby mode and 

off mode provisions to demonstrate 

compliance with any future energy 

conservation standards for residential 

furnaces and boilers that address 

standby mode and off mode energy 

consumption. The introductory 

sentence to 10 CFR part 430, subpart B, 

appendix N, reads as follows: ‘‘The 

procedures and calculations that refer to 

standby mode and off mode energy 

consumption (i.e., sections 8.6 and 10.9 

of this appendix N) need not be 

performed to determine compliance 

with energy conservation standards for 

furnaces and boilers at this time.’’ The 

above statement will be removed as part 

of a future rulemaking to amend the 

energy conservation standards for 

residential furnaces and boilers to 

account for standby mode and off mode 

energy consumption, and compliance 

with the applicable test procedure 

provisions will be required on the 

compliance date of those amended 

energy conservation standards. A 

statement has also been added to the 

introductory note to appendix N to 

clarify that any representations 

pertaining to standby mode and off 

mode energy consumption of these 

products that are made on or after a date 

180 days after the date of publication of 

this test procedure final rule in the 

Federal Register must be based upon 

results generated under this test 

procedure, consistent with the 

requirements of 42 U.S.C. 6293(c)(2). 

Although this is a statutory requirement 

under 42 U.S.C. 6293(c), DOE has 

concluded that it would be useful to 

explicitly state this requirement in 

DOE’s regulations. 

V. Compliance With Other EPCA 

Requirements 

EPCA requires that new or amended 

test procedures shall be reasonably 

designed to produce test results which 

measure energy efficiency, energy use, 

or estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

shall not be unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) For the 

reasons that follow, DOE has 

determined that the incorporation of IEC 

Standard 62301, along with the 

modifications and additional 

calculations described above, satisfy 

this requirement. 

As noted above, the test procedure 

incorporates by reference provisions 

from IEC Standard 62301 for the 

measurement of standby mode and off 

mode energy consumption. IEC 

Standard 62301 is widely accepted and 

used internationally to measure electric 

power in standby mode and off mode. 

Based on its analysis of IEC Standard 

62301, DOE has determined that the test 

methods and equipment that the 

amendments require for measuring 

standby mode and off mode power do 

not differ substantially from the test 

methods and equipment in the current 

DOE test procedure for furnaces and 

boilers. Therefore, testing of furnaces 

and boilers pursuant to today’s final 

rule will not require any significant 

investment in test facilities or new 

equipment. For these reasons, DOE does 

not believe that the standby mode and 

off mode test procedure provisions will 

add significant costs. 

VI. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

Today’s regulatory action is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review.’’ 58 

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

this regulatory action was not subject to 

review under that Executive Order by 

the Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

Small Business Regulatory Enforcement 

Fairness Act of 1996) requires 

preparation of an initial regulatory 

flexibility analysis for any rule that, by 

law, must be proposed for public 

comment, unless the agency certifies 

that the rule, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. A 

regulatory flexibility analysis examines 

the impact of the rule on small entities 

and considers alternative ways of 

reducing negative effects. Also, as 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site at http:// 

www.gc.doe.gov. 

Today’s final rule adopts test 

procedure provisions to measure 

standby mode and off mode energy 

consumption of residential furnaces and 

boilers, generally through the 

incorporation by reference of IEC 


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7U.S. Small Business Administration, Table of 

Small Business Size Standards, August 22, 2008, 

available at: http://www.sba.gov/idc/groups/public/ 

documents/sba_homepage/serv_sstd_tablepdf.pdf. 8The Air-Conditioning, Heating and Refrigeration 

Institute, Directory of Certified Product 

Performance, June 2009, available at: http:// 

www.ahridirectory.org/ahridirectory/pages/ 

home.aspx. 

9The U.S. Environmental Protection Agency and 

the U.S. Department of Commerce, ENERGY STAR 

Furnaces—Product Databases for Gas and Oil 

Furnaces, May 15, 2009: http://www.energystar.gov/ 

index.cfm?c=furnaces.pr_furnaces. 

10The California Energy Commission, Appliance 

Database for Residential Furnaces and Boilers, 

2009: http://www.appliances.energy.ca.gov/ 

QuickSearch.aspx. 

11Consortium of Energy Efficiency, Qualifying 

Furnace and Boiler List, April 2, 2009: http:// 

www.ceedirectory.org/ceedirectory/pages/cee/ 

ceeDirectoryInfo.aspx. 

12Categorical Exclusion A5 provides: 

‘‘Rulemaking interpreting or amending an existing 

rule or regulation that does not change the 

environmental effect of the rule or regulation being 

amended.’’ 

Standard 62301 and the modifications 

and additional calculations described in 

detail in the July 2009 NOPR. DOE 

reviewed today’s final rule under the 

provisions of the Regulatory Flexibility 

Act and the policies and procedures 

published on February 19, 2003. For the 

reasons explained in the July 2009 

NOPR, DOE certified that the proposed 

rule would not have a significant impact 

on a substantial number of small 

entities. 74 FR 36959, 36967 (July 27, 

2009). 

As noted above, the test procedure 

incorporates by reference provisions 

from IEC Standard 62301 for the 

measurement of standby mode and off 

mode energy consumption. IEC 

Standard 62301 is widely accepted and 

used internationally to measure electric 

power in standby mode and off mode. 

Based on its analysis of IEC Standard 

62301, DOE determined that the test 

methods and equipment that the 

amendments require for measuring 

standby mode and off mode power do 

not differ substantially from the test 

methods and equipment in the current 

DOE test procedure for furnaces and 

boilers. Therefore, testing of furnaces 

and boilers pursuant to today’s final 

rule will not require any significant 

investment in test facilities or new 

equipment. For these reasons, DOE does 

not believe that the standby mode and 

off mode test procedure provisions will 

add significant costs. 

The Small Business Administration 

(SBA) considers an entity to be a small 

business if, together with its affiliates, it 

employs fewer than a threshold number 

of workers specified in 13 CFR part 121, 

which relies on size standards and 

codes established by the North 

American Industry Classification 

System (NAICS). The threshold number 

for NAICS classification 333415, which 

applies to Air-Conditioning and Warm 

Air Heating Equipment and Commercial 

and Industrial Refrigeration Equipment 

Manufacturing (including residential 

furnaces and boilers), is 750 

employees.7 DOE reviewed the AirConditioning, Heating, and Refrigeration 

Institute’s Directory of Certified Product 

Performance for Residential Furnaces 

and Boilers (2009),8 the ENERGY STAR 

Product Databases for Gas and Oil 

Furnaces (May 15, 2009),9 the California 

Energy Commission’s Appliance 

Database for Residential Furnaces and 

Boilers,10 and the Consortium for 

Energy Efficiency’s Qualifying Furnace 

and Boiler List (April 2, 2009).11 From 

this review, DOE found that there are 

approximately 25 small businesses 

within the furnace and boiler industry. 

Even though there are a significant 

number of small businesses within the 

furnace and boiler industry, DOE has 

concluded that the test procedure 

amendments contained in this final rule 

would not represent a substantial 

burden to any manufacturer, including 

small manufacturers, as explained 

above. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

rulemaking. DOE’s certification and 

supporting statement of factual basis 

was provided to the Chief Counsel for 

Advocacy of the SBA for review under 

5 U.S.C. 605(b). DOE did not receive any 

comments regarding a significant 

economic impact on any small entities. 

Thus, DOE reaffirms and certifies that 

this rule will have no significant 

economic impact on a substantial 

number of small entities. 

C. Review Under the Paperwork 

Reduction Act of 1995 

Today’s final rule imposes no new 

information or recordkeeping 

requirements. Accordingly, OMB 

clearance is not required under the 

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

3501 et seq.) 

D. Review Under the National 

Environmental Policy Act of 1969 

DOE is establishing a final rule to 

amend the test procedure for residential 

furnaces and boilers to address 

measurement of the standby mode and 

off mode energy consumption of these 

products. DOE has determined that this 

final rule falls into a class of actions that 

are categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (Pub. L. 91–190, 

codified at 42 U.S.C. 4321 et seq.), and 

DOE’s implementing regulations at 10 

CFR part 1021. Specifically, this final 

rule, which adopts an industry standard 

for measurement of standby mode and 

off mode energy consumption, amends 

an existing rule without changing its 

environmental effect, and, therefore, is 

covered by Categorical Exclusion A5 

found in 10 CFR part 1021, subpart D, 

appendix A. Today’s final rule would 

not affect the amount, quality, or 

distribution of energy usage, and, 

therefore, would not result in any 

environmental impacts.12 Accordingly, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. 64 FR 43255 (August 10, 

1999). The Executive Order requires 

agencies to examine the constitutional 

and statutory authority supporting any 

action that would limit the 

policymaking discretion of the States, 

and to carefully assess the necessity for 

such actions. The Executive Order also 

requires agencies to have an accountable 

process to ensure meaningful and timely 

input by State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

that it will follow in developing such 

regulations. 65 FR 13735. DOE has 

examined this final rule and 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)) Therefore, Executive Order 

13132 requires no further action. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 


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64630 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Regarding the 

review required by section 3(a), section 

3(b) of Executive Order 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

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

whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this rule meets 

the relevant standards of Executive 

Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

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

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

requires each Federal agency to assess 

the effects of Federal regulatory actions 

on State, local, and Tribal governments 

and the private sector. For regulatory 

actions likely to result in a rule that may 

cause expenditures by State, local, and 

Tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any one year (adjusted annually 

for inflation), section 202 of UMRA 

requires a Federal agency to publish a 

written statement that estimates the 

resulting costs, benefits, and other 

effects on the national economy. (2 

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

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate.’’ UMRA also requires an 

agency plan for giving notice and 

opportunity for timely input to small 

governments that may be potentially 

affected before establishing any 

requirement that might significantly or 

uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. (This policy is 

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

Today’s final rule, which modifies the 

current test procedures for residential 

furnaces and boilers, contains neither an 

intergovernmental mandate, nor a 

mandate that may result in the 

expenditure by State, local, and Tribal 

governments, or by the private sector, of 

$100 million or more in any year. 

Accordingly, no further assessment or 

analysis is required under the Unfunded 

Mandates Reform Act of 1995. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s final rule to amend DOE test 

procedures would not have any impact 

on the autonomy or integrity of the 

family as an institution. Accordingly, 

DOE has concluded that it is not 

necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

Pursuant to Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

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

DOE has determined that this final rule 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the United States 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

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

3516 note) provides for agencies to 

review most disseminations of 

information to the public under 

information quality guidelines 

established by each agency pursuant to 

general guidelines issued by OMB. 

OMB’s guidelines were published at 67 

FR 8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

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

today’s final rule under the OMB and 

DOE guidelines and has concluded that 

it is consistent with applicable policies 

in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), requires Federal agencies to 

prepare and submit to OMB a Statement 

of Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

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

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s final rule 

is not a significant regulatory action 

under Executive Order 12866 or any 

successor order; would not have a 

significant adverse effect on the supply, 

distribution, or use of energy; and has 

not been designated by the 

Administrator of OIRA as a significant 

energy action. Therefore, DOE has 

determined that this rule is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects for this rulemaking. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

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

comply with all laws applicable to the 

former Federal Energy Administration, 

including section 32 of the Federal 

Energy Administration Act of 1974 

(Pub. L. 93–275), as amended by the 

Federal Energy Administration 

Authorization Act of 1977 (Pub. L. 95– 

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

that where a proposed rule authorizes or 

requires use of commercial standards, 

the notice of proposed rulemaking must 

inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Attorney General and 

the Federal Trade Commission (FTC) 

concerning the impact of commercial or 

industry standards on competition. 

Certain of the amendments and 

revisions in this final rule incorporate 

testing methods contained in the 

following commercial standard, the 

International Electrotechnical 

Commission (IEC) Standard 62301, 

‘‘Household electrical appliances— 

Measurement of standby power’’ (First 

Edition 2005–06). As stated in the July 

2009 NOPR, DOE has evaluated this 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64631 

standard and is unable to conclude 

whether it fully complies with the 

requirements of section 32(b) of the 

Federal Energy Administration Act (i.e., 

that it was developed in a manner that 

fully provides for public participation, 

comment, and review). 74 FR 36959, 

36968 (July 27, 2009). DOE has 

consulted with the Attorney General 

and the Chairman of the FTC 

concerning the impact on competition 

of requiring manufacturers to use the 

test methods contained in this standard, 

and neither recommended against 

incorporation of this standard. 

M. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 801(2). 

VII. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on August 20, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

■ For the reasons stated in the preamble, 

DOE is amending part 430 of chapter II 

of title 10 of the Code of Federal 

Regulations, to read as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.3 is amended by adding 

new paragraph (l)(1), and adding and 

reserving paragraph (l)(2), to read as 

follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(l) * * * 

(1) International Electrotechnical 

Commission (IEC) Standard 62301 (‘‘IEC 

62301’’), Household electrical 

appliances—Measurement of standby 

power (first edition, June 2005), IBR 

approved for Appendix N to Subpart B. 

(2) [Reserved]. 

* * * * * 

■ 3. Appendix N to subpart B of part 

430 is amended as follows: 

■ a. Adding a note after the heading. 

■ b. In section 2.0 Definitions, by 

redesignating sections 2.1, 2.2, 2.3, and 

2.4 as sections 2.2, 2.3, 2.9, and 2.5 

respectively; and adding new sections 

2.1, 2.4, 2.6, 2.7, and 2.8. 

■ c. In section 8.0 Test procedure, by 

adding new sections 8.6, 8.6.1, and 

8.6.2. 

■ d. In section 9.0 Nomenclature, by 

adding three new text items at the end 

of the section. 

■ e. In section 10.0 Calculation of 

derived results from test measurements, 

by: 

■ i. Revising sections 10.2.3, 10.2.3.1, 

10.2.3.2, 10.3, 10.5.2, 10.5.3; and 

■ ii. Adding new section 10.9. 

The additions and revisions read as 

follows: 

Appendix N to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Furnaces and 

Boilers 

Note: The procedures and calculations that 

refer to standby mode and off mode energy 

consumption (i.e., sections 8.6 and 10.9 of 

this appendix N) need not be performed to 

determine compliance with energy 

conservation standards for furnaces and 

boilers at this time. However, any 

representation related to standby mode and 

off mode energy consumption of these 

products made after April 18, 2011 must be 

based upon results generated under this test 

procedure, consistent with the requirements 

of 42 U.S.C. 6293(c)(2). After July 1, 2010, 

any adopted energy conservation standard 

shall address standby mode and off mode 

energy consumption, and upon the 

compliance date for such standards, 

compliance with the applicable provisions of 

this test procedure will be required. 

* * * * * 

2.0 Definitions 

2.1 Active mode means the 

condition during the heating season in 

which the furnace or boiler is connected 

to the power source, and either the 

burner, electric resistance elements, or 

any electrical auxiliaries such as 

blowers or pumps, are activated. 

* * * * * 

2.4 IEC 62301 means the test 

standard published by the International 

Electrotechnical Commission (IEC), 

titled ‘‘Household electrical 

appliances—Measurement of standby 

power,’’ Publication 62301 (First Edition 

2005–06). (incorporated by reference, 

see § 430.3) 

* * * * * 

2.6 Off mode means the condition 

during the non-heating season in which 

the furnace or boiler is connected to the 

power source, and neither the burner, 

electric resistance elements, nor any 

electrical auxiliaries such as blowers or 

pumps, are activated. 

2.7 Seasonal off switch means the 

switch on the furnace or boiler that, 

when activated, results in a measurable 

change in energy consumption between 

the standby and off modes. 

2.8 Standby mode means the 

condition during the heating season in 

which the furnace or boiler is connected 

to the power source, and neither the 

burner, electric resistance elements, nor 

any electrical auxiliaries such as 

blowers or pumps, are activated. 

* * * * * 

8.0 Test Procedure 

* * * * * 

8.6 Measurement of electrical 

standby and off mode power. 

8.6.1 Standby power measurement. 

With all electrical auxiliaries of the 

furnace or boiler not activated, measure 

the standby power (PSB) in accordance 

with the procedures in IEC 62301 

(incorporated by reference, see § 430.3), 

except that section 8.5 Room Ambient 

Temperature of ASHRAE 103—1993 

(incorporated by reference, see § 430.3) 

and the voltage provision of section 

8.2.1.4 Electrical Supply of ASHRAE 

103—1993 shall apply in lieu of the 

corresponding provisions of IEC 62301 

at section 4.2 Test room and the voltage 

specification of section 4.3 Power 

supply. Frequency shall be 60Hz. 

Clarifying further, IEC 62301 section 4.5 

Power measurement accuracy and 

section 5 Measurements shall apply in 

lieu of section 6.10 Energy Flow Rate of 

ASHRAE 103—1993. Measure the 

wattage so that all possible standby 

mode wattage for the entire appliance is 

recorded, not just the standby mode 

wattage of a single auxiliary. 

8.6.2 Off mode power measurement. 

If the unit is equipped with a seasonal 

off switch or there is an expected 

difference between off mode power and 

standby mode power, measure off mode 

power (POFF) in accordance with the 

standby power procedures in IEC 62301 

(incorporated by reference, see § 430.3), 

except that section 8.5 Room Ambient 

Temperature of ASHRAE 103—1993 

(incorporated by reference, see § 430.3) 

and the voltage provision of section 

8.2.1.4 Electrical Supply of ASHRAE 

103—1993 shall apply in lieu of the 

corresponding provisions of IEC 62301 

at section 4.2 Test room and the voltage 

specification of section 4.3 Power 

supply. Frequency shall be 60Hz. 

Clarifying further, IEC 62301 section 4.5 


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Power measurement accuracy and 

section 5 Measurements shall apply for 

this measurement in lieu of section 6.10 

Energy Flow Rate of ASHRAE 103— 

1993. Measure the wattage so that all 

possible off mode wattage for the entire 

appliance is recorded, not just the off 

mode wattage of a single auxiliary. If 

there is no expected difference in off 

mode power and standby mode power, 

let POFF = PSB, in which case no separate 

measurement of off mode power is 

necessary. 

9.0 Nomenclature 

* * * * * 

ESO = Average annual electric standby mode 

and off mode energy consumption, in 

kilowatt-hours 

POFF = Furnace or boiler off mode power, in 

watts 

PSB = Furnace or boiler standby mode power, 

in watts 

10.0 Calculation of Derived Results 

From Test Measurements 

* * * * * 

10.2.3 Average annual auxiliary 

electrical energy consumption for gas or 

oil-fueled furnaces or boilers. For 

furnaces and boilers equipped with 

single-stage controls, the average annual 

auxiliary electrical consumption (EAE) is 

expressed in kilowatt-hours and defined 

as: 

EAE = BOHSS(y PPE + yIGPEIG + yBE) 

+ ESO

Where: 

BOHSS = as defined in 10.2.1 of this appendix 

PE = as defined in 10.2.1 of this appendix 

yP = as defined in 10.2.1 of this appendix 

yIG = as defined in 10.2.1 of this appendix 

PEIG = as defined in 10.2.1 of this appendix 

y = as defined in 10.2.1 of this appendix 

BE = as defined in 10.2.1 of this appendix 

ESO = as defined in 10.9 of this appendix. 

10.2.3.1 For furnaces or boilers 

equipped with two-stage controls, EAE is 

defined as: 

EAE = BOHR (yPPER + yIGPEIG + yBER) 

+ BOHH (yPPEH + yIGPEIG + y BEH) 

+ ESO

Where: 

BOHR = as defined in 10.2.1.2 of this 

appendix 

yP = as defined in 10.2.1 of this appendix 

PER = as defined in 9.1.2.2 and measured at 

the reduced fuel input rate of ANSI/ 

ASHRAE Standard 103—1993, 

(incorporated by reference, see § 430.3) 

yIG = as defined in 10.2.1 of this appendix 

PEIG = as defined in 10.2.1 of this appendix 

y = as defined in 10.2.1 of this appendix 

BER = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103—1993, (incorporated by 

reference, see § 430.3) measured at the 

reduced fuel input rate 

BOHH = as defined in 10.2.1.3 of this 

appendix 

PEH = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103—1993, (incorporated by 

reference, see § 430.3) measured at the 

maximum fuel input rate 

BEH = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103—1993, (incorporated by 

reference, see § 430.3) measured at the 

maximum fuel input rate 

ESO = as defined in 10.9 of this appendix. 

10.2.3.2 For furnaces or boilers 

equipped with step-modulating 

controls, EAE is defined as: 

EAE = BOHR (yP PER + yIGPEIG + yBER) 

+ BOHM (yPPEH + yIGPEIG + y BEH) 

+ ESO

Where: 

BOHR = as defined in 10.2.1.2 of this 

appendix 

yP = as defined in 10.2.1 of this appendix 

PER = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103—1993, (incorporated by 

reference, see § 430.3), measured at the 

reduced fuel input rate 

yIG = as defined in 10.2.1 of this appendix 

PEIG = as defined in 10.2.1 of this appendix 

y = as defined in 10.2.1. of this appendix 

BER = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103—1993, (incorporated by 

reference, see § 430.3) measured at the 

reduced fuel input rate 

BOHM = as defined in 10.2.1.4 of this 

appendix 

PEH = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103—1993, (incorporated by 

reference, see § 430.3) measured at the 

maximum fuel input rate 

BEH = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103—1993, (incorporated by 

reference, see § 430.3) measured at the 

maximum fuel input rate 

ESO = as defined in 10.9 of this appendix. 

10.3 Average annual electric energy 

consumption for electric furnaces or 

boilers. 

EE = 100(2,080)(0.77)DHR/(3.412 AFUE) 

+ ESO

Where: 

100 = to express a percent as a decimal 

2,080 = as specified in 10.2.1 of this 

appendix 

0.77 = as specified in 10.2.1 of this appendix 

DHR = as defined in 10.2.1 of this appendix 

3.412 = conversion to express energy in terms 

of watt-hours instead of Btu 

AFUE = as defined in 11.1 of ANSI/ASHRAE 

Standard 103—1993 (incorporated by 

reference, see § 430.3), in percent, and 

calculated on the basis of: ICS 

installation, for non-weatherized warm 

air furnaces; indoor installation, for nonweatherized boilers; or outdoor 

installation, for furnaces and boilers that 

are weatherized. 

ESO = as defined in 10.9 of this appendix. 

* * * * * 

10.5.2 Average annual auxiliary 

electrical energy consumption for gas or 

oil-fueled furnaces and boilers located 

in a different geographic region of the 

United States and in buildings with 

different design heating requirements. 

For gas or oil-fueled furnaces and 

boilers, the average annual auxiliary 

electrical energy consumption for a 

specific geographic region and a specific 

typical design heating requirement 

(EAER) is expressed in kilowatt-hours 

and defined as: 

EAER = (EAE¥ESO) (HLH/2080) + ESOR

Where: 

EAE = as defined in 10.2.3 of this appendix 

ESO = as defined in 10.9 of this appendix 

HLH = as defined in 10.5.1 of this appendix 

2,080 = as specified in 10.2.1 of this 

appendix 

ESOR = as specified in 10.5.3 of this appendix. 

10.5.3 Average annual electric 

energy consumption for electric 

furnaces and boilers located in a 

different geographic region of the 

United States and in buildings with 

different design heating requirements. 

For electric furnaces and boilers, the 

average annual electric energy 

consumption for a specific geographic 

region and a specific typical design 

heating requirement (EER) is expressed 

in kilowatt-hours and defined as: 

EER = 100(0.77) DHR HLH/(3.412 AFUE) 

+ ESOR

Where: 

100 = as specified in 10.3 of this appendix 

0.77 = as specified in 10.2.1 of this appendix 

DHR = as defined in 10.2.1 of this appendix 

HLH = as defined in 10.5.1 of this appendix 

3.412 = as specified in 10.3 of this appendix 

AFUE = as defined in 10.3 of this appendix 

ESOR = ESO as defined in 10.9 of this 

appendix, except that in the equation for 

ESO, the term BOH is multiplied by the 

expression (HLH/2080) to get the 

appropriate regional accounting of 

standby mode and off mode loss. 

* * * * * 

10.9 Average annual electrical 

standby mode and off mode energy 

consumption. Calculate the annual 

electrical standby mode and off mode 

energy consumption (ESO) in kilowatthours, defined as: 

ESO = ((PSB * (4160¥BOH)) + (POFF * 

4600)) * K 

Where: 

PSB = furnace or boiler standby mode power, 

in watts, as measured in Section 8.6 

4,160 = average heating season hours per year 

POFF = furnace or boiler off mode power, in 

watts, as measured in Section 8.6 

4,600 = average non-heating season hours per 

year 

K = 0.001 kWh/Wh, conversion factor for 

watt-hours to kilowatt-hours 

BOH = total burner operating hours as 

calculated in section 10.2 for gas or oilfueled furnaces or boilers. Where for gas 

or oil-fueled furnaces and boilers 

equipped with single-stage controls, 

BOH = BOHSS; for gas or oil-fueled 

furnaces and boilers equipped with twostage controls, BOH = (BOHR + BOHH); 

and for gas or oil-fueled furnaces and 

boilers equipped with step-modulating 

controls, BOH = (BOHR + BOHM). For 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64633 

electric furnaces and boilers, BOH = 

100(2080)(0.77)DHR/(Ein 3.412)(AFUE)) 

Where: 

100 = to express a percent as a decimal 

2,080 = as specified in 10.2.1 of this 

appendix 

0.77 = as specified in 10.2.1 of this appendix 

DHR = as defined in 10.2.1 of this appendix 

3.412 = conversion to express energy in terms 

of KBtu instead of kilowatt-hours 

AFUE = as defined in 11.1 of ANSI/ASHRAE 

Standard 103—1993 (incorporated by 

reference, see § 430.3) in percent 

E in = Steady-state electric rated power, in 

kilowatts, from section 9.3 of ANSI/ 

ASHRAE Standard 103—1993 

(incorporated by reference, see § 430.3). 

[FR Doc. 2010–26369 Filed 10–19–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1036; Directorate 

Identifier 2009–NM–247–AD; Amendment 

39–16480; AD 2010–22–01] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 767–200, –300, and 

–300F Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the products listed above. That AD 

currently requires repetitive inspections 

for fatigue cracking and corrosion of the 

upper link fuse pin of the nacelle struts, 

and related investigative and corrective 

actions if necessary. The existing AD 

also provides terminating action for the 

repetitive inspections. This AD revises 

certain criteria for the terminating 

action. This AD was prompted by two 

reports of cracked upper link fuse pins. 

We are issuing this AD to prevent 

fatigue cracking or corrosion of the 

upper link fuse pin, which could result 

in failure of the fuse pin and consequent 

reduced structural integrity of the 

nacelle strut and possible separation of 

the strut and engine from the airplane 

during flight. 

DATES: This AD is effective November 4, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 4, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of November 5, 2009 (74 FR 

50692, October 1, 2009). 

We must receive comments on this 

AD by December 6, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

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

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6577; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On September 18, 2009, we issued AD 

2009–20–09, Amendment 39–16032 (74 

FR 50692, October 1, 2009), for certain 

Model 767–200, –300, and –300F series 

airplanes. That AD requires repetitive 

inspections for fatigue cracking and 

corrosion of the upper link fuse pin of 

the nacelle struts, and related 

investigative and corrective actions if 

necessary. That AD also provides 

terminating action for the repetitive 

inspections. That AD resulted from two 

reports of cracked upper link fuse pins. 

We issued that AD to prevent fatigue 

cracking or corrosion of the upper link 

fuse pin, which could result in failure 

of the fuse pin and consequent reduced 

structural integrity of the nacelle strut 

and possible separation of the strut and 

engine from the airplane during flight. 

Actions Since Existing AD Was Issued 

We have learned that paragraph (h) of 

AD 2009–20–09 incorrectly identifies 

the pin replacement as acceptable for 

compliance with the optional strut 

modification specified in paragraph (g) 

of that AD. Rather, replacing the pin 

terminates only the repetitive 

inspections of the pins as required by 

paragraph (g) of this AD; replacing the 

pin does not terminate the requirement 

for the strut modification. We have 

removed credit for replacement of the 

fuse pins with new fuse pins from 

paragraph (h) of the existing AD 

(specified as paragraph (i) in this AD) 

because it is not a terminating action. 

We have added new paragraph (j) in this 

AD to specify that replacement of the 

fuse pins terminates the repetitive 

inspection requirements of paragraph (g) 

of this AD, and the strut modification is 

still required. 

We have also revised paragraph (b) of 

this AD to clarify that certain 

requirements of this AD terminate 

certain requirements of AD 2000–19–09, 

Amendment 39–11910 (65 FR 58641, 

October 2, 2000), and AD 2004–16–12, 

Amendment 39–13768 (69 FR 51002, 

August 17, 2004). 

Explanation of Additional Paragraph in 

the AD 

We have added a new paragraph (d) 

to this AD to provide the Air Transport 

Association (ATA) of America subject 

code 54: Nacelles/Pylons. This code is 

added to make this AD parallel with 

other new AD actions. We have 

reidentified subsequent paragraphs 

accordingly. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. 


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