Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30775 

be given to this rule; and (3) no 

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required before parties may file suit in 

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E-Government Act 

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achieving the purpose of the EGovernment Act (44 U.S.C. 3601, et 

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Additional Public Notification 

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Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801, et seq.), the Office of 

Information and Regulatory Affairs has 

determined that this rule is not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

USDA Non-Discrimination Statement 

In accordance with Federal civil 

rights law and USDA civil rights 

regulations and policies, the USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

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expression), sexual orientation, 

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civil rights activity, in any program or 

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deadlines vary by program or incident. 

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Language, etc.) should contact the 

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USDA is an equal opportunity 

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List of Subjects in 9 CFR Part 355 

Animal foods, Certified pet food, 

Labeling, Meat inspection, Packaging 

and containers, Reporting and 

recordkeeping. 

PART 355—[REMOVED AND 

RESERVED] 

■ For the reasons set out in the 

preamble, and under the authority of 7 

U.S.C. 1622, 1624; 7 CFR 2.17 (g) and 

(i), and 2.55, FSIS removes 9 CFR part 

355. 

Done at Washington, DC. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2022–10885 Filed 5–19–22; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2019–BT–TP–0003] 

RIN 1904–AE30 

Energy Conservation Program: Test 

Procedures for Direct Heating 

Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is amending the test 

procedure for direct heating equipment 

to incorporate by reference the most 

recent versions of the industry 

consensus test standards previously 

referenced in the Federal test procedure, 

while maintaining the existing oil 

pressure measurement error value. DOE 

is also updating definitions regarding 

unvented heaters, accounting for 

multiple operational modes, specifying 

the input rate for conducting the cyclic 

condensate collection test, specifying 

the use of manufacturer values for gas 

supply pressure in certain 

circumstances, specifying the allowable 

range of regulator outlet pressure and 

specific gravity, providing an option to 

use fewer thermocouples in the 

thermocouple grid for models with 

small-diameter flues, clarifying 

instructions for calculations regarding 

condensate mass measurements, and 

specifying the methods to appropriately 

shield thermocouples from radiation. 

DATES: The effective date of this rule is 

June 21, 2022. The final rule changes 

will be mandatory for product testing 

starting November 16, 2022. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register on June 21, 2022. The 

incorporation by reference of other 

publications listed in this rulemaking 

was approved by the Director of the 

Federal Register on January 16, 2013. 

ADDRESSES: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at www.regulations.gov. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

A link to the docket web page can be 

found at www.regulations.gov/ 


khammond on DSKJM1Z7X2PROD with RULES
30776 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

docket?D=EERE-2019-BT-TP-0003. The 

docket web page contains instructions 

on how to access all documents, 

including public comments, in the 

docket. 

For further information on how to 

review the docket contact the Appliance 

and Equipment Standards Program staff 

at (202) 287–1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Julia Hegarty, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Matthew Ring, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2555. Email: 

Matthew.Ring@hq.doe.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the webinar, contact the Appliance 

and Equipment Standards Program staff 

at (202) 287–1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

maintains a previously approved 

incorporation by reference (IEC 62301 

(Second Edition)) and incorporates by 

reference the following industry 

standards into the Code of Federal 

Regulations (‘‘CFR’’) at 10 CFR part 430: 

American National Standards Institute 

(‘‘ANSI’’)/American Society of 

Heating, Refrigerating, and AirConditioning Engineers (‘‘ASHRAE’’) 

Standard 103–2017, (‘‘ANSI/ASHRAE 

103–2017’’), ‘‘Method of Testing for 

Annual Fuel Utilization Efficiency of 

Residential Central Furnaces and 

Boilers,’’ approved July 3, 2017. 

Copies of ANSI/ASHRAE 103–2017 

can be obtained from the American 

Society of Heating, Refrigerating, and 

Air-Conditioning Engineers, Inc., 180 

Technology Parkway NW, Peachtree 

Corners, GA 30092, (800) 527–4723 or 

(404) 636–8400, or online at: 

www.ashrae.org. 

ANSI Standard Z21.86–2016 · CSA 

2.32–2016 (‘‘ANSI Z21.86–2016’’), 

‘‘Vented Gas-Fired Space Heating 

Appliances,’’ Sixth Edition, approved 

December 21, 2016. 

Copies of ANSI Z21.86–2016 can be 

obtained from the CSA Group, 178 

Rexdale Blvd., Toronto, ON, Canada 

M9W 1R3 or the American National 

Standards Institute, 25 W 43rd Street, 

4th Floor, New York, NY 10036, (212) 

642–4900, or online at: 

www.csagroup.org/store/ or 

www.ansi.org. 

ASTM International (‘‘ASTM’’) D2156– 

09 (Reapproved 2018) (‘‘ASTM 

D2156–09 (R2018)’’), ‘‘Standard Test 

Method for Smoke Density in Flue 

Gases from Burning Distillate Fuels,’’ 

reapproved October 1, 2018. 

Copies of ASTM D2156–09 (R2018) 

can be obtained from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959 or online at: www.astm.org. 

International Electrotechnical 

Commission (‘‘IEC’’) 62301 (‘‘IEC 

62301 (Second Edition)’’), 

‘‘Household electrical appliances— 

Measurement of standby power,’’ 

Edition 2.0 2011–01. 

Copies of IEC 62301 (Second Edition) 

can be obtained from the American 

National Standards Institute, 25 W 43rd 

Street, 4th Floor, New York, NY 10036, 

(212) 642–4900, or online at: 

www.webstore.ansi.org. 

Underwriters Laboratories, Inc. (‘‘UL’’) 

729 (‘‘UL 729–2016’’), ‘‘Standard for 

Safety for Oil-Fired Floor Furnaces,’’ 

approved November 22, 2016. 

UL 730 (‘‘UL 730–2016’’), ‘‘Standard for 

Safety for Oil-Fired Wall Furnaces,’’ 

approved November 22, 2016. 

UL 896 (‘‘UL 896–2016’’), ‘‘Standard for 

Safety for Oil-Burning Stoves,’’ 

approved November 22, 2016. 

Copies of UL 729–2016, UL 730–2016, 

and UL 896–2016 can be obtained from 

Underwriters Laboratories, Inc., 2600 

NW Lake Rd., Camas, WA 98607–8542 

or online at: www.ul.com. 

See section IV.N of this document for 

a further discussion of these standards. 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Synopsis of the Final Rule 

III. Discussion 

A. Definitions 

1. Unvented Heaters 

2. Vented Heaters 

B. Updates to Industry Consensus Test 

Methods 

C. Unvented Heaters 

1. Standby Mode and Off Mode Energy 

Consumption 

2. Efficiency Assumption 

D. Vented Heaters 

1. Models With Multiple Automatic 

Operation Modes 

2. Fuel Supply and Burner Adjustments 

3. Flue Thermocouples 

4. Cyclic Condensate Collection Test 

5. Other Vented Heater Topics 

E. Performance and Utility 

F. Test Procedure Costs, Harmonization, 

and Other Topics 

1. Test Procedure Costs and Impact 

2. Harmonization With Industry Consensus 

Standards 

G. Effective and Compliance Dates 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

N. Description of Materials Incorporated by 

Reference 

V. Approval of the Office of the Secretary 

I. Authority and Background 

Direct heating equipment (‘‘DHE’’) is 

included in the list of ‘‘covered 

products’’ for which DOE is authorized 

to establish and amend energy 

conservation standards and test 

procedures. (42 U.S.C. 6292(a)(9)) DOE 

defines ‘‘direct heating equipment’’ as 

vented home heating equipment and 

unvented home heating equipment. 10 

CFR 430.2. (Hereafter in this final rule, 

the terms ‘‘vented heater’’ and 

‘‘unvented heater’’ are used to describe 

the two types of DHE). DOE’s energy 

conservation standards and test 

procedures for vented heaters are 

currently prescribed at 10 CFR 430.32(i) 

and 10 CFR part 430, subpart B, 

appendix O, ‘‘Uniform Test Method for 

Measuring the Energy Consumption of 

Vented Home Heating Equipment’’ 

(‘‘appendix O’’), respectively. DOE’s test 

procedures for unvented heaters are 

prescribed at 10 CFR part 430, subpart 

B, appendix G, ‘‘Uniform Test Method 

for Measuring the Energy Consumption 

of Unvented Home Heating Equipment’’ 

(‘‘appendix G’’). DOE currently does not 

prescribe energy conservation standards 

for unvented heaters because, as the 

Department explained in an April 2010 

final rule for DHE, DOE has previously 

determined that a standard would 

produce little energy savings (largely 

due to the fact that any heat losses are 

dissipated directly into the conditioned 

space) and because of limitations in the 

applicable DOE test procedure. 75 FR 

20112, 20130 (April 16, 2010). The 

appendix G test procedure includes 

neither a method for measuring energy 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30777 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020)), 

which reflect the last statutory amendments that 

impact Parts A and A–1 of EPCA. 

2For editorial reasons, upon codification in the 

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

3 IEC 62301, Household electrical appliances— 

Measurement of standby power (Edition 2.0, 2011– 

01). 

4 IEC 62087, Audio, video and related 

equipment—Methods of measurement for power 

consumption (Edition 1.0, Parts 1–6: 2015, Part 

7:2018). 

efficiency nor a descriptor for 

representing the efficiency of unvented 

heaters. Instead, appendix G provides a 

method to measure and calculate the 

rated output (for all unvented heaters) 

and annual energy consumption (for 

primary electric unvented heaters). The 

following sections discuss DOE’s 

authority to establish and amend test 

procedures for vented and unvented 

heaters, as well as relevant background 

information regarding DOE’s 

consideration of and amendments to test 

procedures for these products. 

A. Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),1 authorizes 

DOE to regulate the energy efficiency of 

a number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part B 2 of EPCA 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, which sets forth a 

variety of provisions designed to 

improve energy efficiency. These 

products include DHE, the subject of 

this document. (42 U.S.C. 6292(a)(9)) 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA specifically include definitions 

(42 U.S.C. 6291), test procedures (42 

U.S.C. 6293), labeling provisions (42 

U.S.C. 6294), energy conservation 

standards (42 U.S.C. 6295), and the 

authority to require information and 

reports from manufacturers (42 U.S.C. 

6296). 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for: (1) Certifying to 

DOE that their products comply with 

the applicable energy conservation 

standards adopted under EPCA (42 

U.S.C. 6295(s)), and (2) making 

representations about the efficiency of 

those products (42 U.S.C. 6293(c)). 

Similarly, DOE must use these test 

procedures to determine whether the 

products comply with any relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) EPCA defines the 

efficiency descriptor for DHE to be 

annual fuel utilization efficiency 

(‘‘AFUE’’). (42 U.S.C. 6291(22)(A)) 

Federal energy efficiency 

requirements for covered products 

established under EPCA generally 

supersede State laws and regulations 

concerning energy conservation testing, 

labeling, and standards. (42 U.S.C. 6297) 

DOE may, however, grant waivers of 

Federal preemption for particular State 

laws or regulations, in accordance with 

the procedures and other provisions of 

EPCA. (42 U.S.C. 6297(d)) 

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

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA requires that any test procedures 

prescribed or amended under this 

section shall be reasonably designed to 

produce test results which measure 

energy efficiency, energy use or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle (as determined by the 

Secretary) or period of use and shall not 

be unduly burdensome to conduct. (42 

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

In addition, EPCA requires that DOE 

amend its test procedures for all covered 

products to integrate measures of 

standby mode and off mode energy 

consumption into the overall energy 

efficiency, energy consumption, or other 

energy descriptor, taking into 

consideration the most current versions 

of Standards 62301 3 and 62807 4 of the 

International Electrotechnical 

Commission (IEC), unless the current 

test procedure already incorporates the 

standby mode and off mode energy 

consumption, or if such integration is 

technically infeasible. (42 U.S.C. 

6295(gg)(2)(A)) If an integrated test 

procedure is technically infeasible, DOE 

must prescribe separate standby mode 

and off mode energy use test procedures 

for the covered product, if a separate 

test is technically feasible. Id. 

EPCA also requires that, at least once 

every 7 years, DOE evaluate test 

procedures for each type of covered 

product, including DHE, to determine 

whether amended test procedures 

would more accurately or fully comply 

with the requirements for the test 

procedures to not be unduly 

burdensome to conduct and be 

reasonably designed to produce test 

results that reflect energy efficiency, 

energy use, and estimated operating 

costs during a representative average 

use cycle or period of use. (42 U.S.C. 

6293(b)(1)(A)) 

If the Secretary determines, on her 

own behalf or in response to a petition 

by any interested person, that a test 

procedure should be prescribed or 

amended, the Secretary shall promptly 

publish in the Federal Register 

proposed test procedures and afford 

interested persons an opportunity to 

present oral and written data, views, 

and arguments with respect to such 

procedures. The comment period on a 

proposed rule to amend a test procedure 

shall be at least 60 days and may not 

exceed 270 days. In prescribing or 

amending a test procedure, the 

Secretary shall take into account such 

information as the Secretary determines 

relevant to such procedure, including 

technological developments relating to 

energy use or energy efficiency of the 

type (or class) of covered products 

involved. (42 U.S.C. 6293(b)(2)) If DOE 

determines that test procedure revisions 

are not appropriate, DOE must publish 

in the Federal Register its 

determination not to amend the test 

procedures. DOE is publishing this final 

rule in satisfaction of the 7-year review 

requirement specified in EPCA. (42 

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

B. Background 

As mentioned previously, DOE’s 

existing test procedures for unvented 

heaters and vented heaters appear at 

appendix G and appendix O, 

respectively. DOE published a notice of 

proposed rulemaking (‘‘NOPR’’) on 

April 16, 2021 (‘‘April 2021 NOPR’’) 

that provides the full history of test 

procedure rulemakings for unvented 

heaters and vented heaters. 86 FR 

20053, 20055–20056. 

For unvented electric heaters that are 

the primary heating source for the 

home, appendix G includes provisions 

for measuring electric power and 

calculating annual energy consumption 

in sections 2.1 and 3.1, respectively. For 

all unvented heaters, appendix G 

includes provisions for determining the 

rated output, in section 3.3 for electric 

heaters and section 3.4 for natural gas, 

propane, or oil heaters. Appendix G 

does not contain provisions for 

determining energy efficiency, as 

unvented heaters are considered to be 

100-percent efficient during the heating 

season because any heat losses are lost 

to the conditioned living space in which 

the unit is installed. Accordingly, DOE 

has not established energy conservation 

standards for unvented heaters. 


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30778 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

5The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking to develop test procedures for DHE. 

(Docket No. EERE–2019–BT–TP–0003, which is 

maintained at www.regulations.gov). The references 

are arranged as follows: (Commenter name, 

comment docket ID number, page of that 

document). 

For vented heaters, appendix O 

includes provisions for determining 

AFUE, which is the efficiency metric 

used for determining compliance with 

the energy conservation standards for 

vented home heating equipment found 

in 10 CFR 430.32(i)(2). Section 4.6 of 

appendix O also specifies provisions for 

calculating the annual energy 

consumption of vented heaters. 

Manufacturers must use the test 

procedure at appendix O to demonstrate 

compliance with the current energy 

conservation standards for vented 

heaters. Further, there are currently no 

industry consensus test methods to 

measure DHE energy efficiency under 

the AFUE metric for vented home 

heating equipment. 

To better understand potential issues 

with the current test procedures since 

the last amendments, DOE published a 

request for information (‘‘RFI’’) on 

February 26, 2019 (‘‘February 2019 

RFI’’). 84 FR 6088. Following the 

February 2019 RFI, DOE published the 

April 2021 NOPR. 86 FR 20053. 

DOE received comments in response 

to the April 2021 NOPR from the 

interested parties listed in Table I.1. 

TABLE I.1—COMMENTS RECEIVED IN RESPONSE TO THE APRIL 2021 NOPR 

Commenter(s) Reference in this Final Rule Commenter type 

Association of Home Appliance Manufacturers ............................................. AHAM ................................................ Trade Association. 

Air-conditioning, Heating, and Refrigeration Institute ..................................... AHRI .................................................. Trade Association. 

Pacific Gas and Electric Company, Southern California Edison, and San 

Diego Gas & Electric Company; collectively, the California InvestorOwned Utilities.

CA IOUs ............................................ Utility. 

Ethel Kecaph .................................................................................................. Ethel Kecaph ..................................... Individual. 

Flux Tailor ....................................................................................................... Flux Tailor .......................................... Consultant. 

Appliance Standards Awareness Project, Natural Resources Defense 

Council.

Joint Advocates ................................. Efficiency Organizations. 

Northwest Energy Efficiency Alliance ............................................................. NEEA ................................................. Efficiency Organization. 

A parenthetical reference at the end of 

a quoted or paraphrased comment 

provides the location of the item in the 

public record.5

II. Synopsis of the Final Rule 

In this final rule, DOE amends the test 

procedures for unvented and vented 

heaters (Appendices G and O, 

respectively) and several associated 

definitions in 10 CFR 430.2, as follows: 

• Update the definitions of ‘‘floor 

electric heater,’’ ‘‘primary heater,’’ 

‘‘unvented gas heater,’’ ‘‘unvented home 

heating equipment,’’ ‘‘unvented oil 

heater,’’ ‘‘vented home heating 

equipment,’’ and ‘‘vented room heater;’’ 

and update the terms ‘‘primary heater’’ 

and ‘‘supplementary heater’’ to 

‘‘primary electric heater’’ and 

‘‘supplementary electric heater,’’ 

respectively; 

• Update references to several 

industry consensus standards to the 

most recent versions, except that the test 

procedure maintains the existing oil 

pressure measurement error value 

(which was omitted in the most recent 

update to ANSI/ASHRAE 103–2017); 

• Provide explicit direction on the 

operational mode for testing vented 

heaters with multiple automatic 

operation modes; 

• Clarify the required input rate for 

the cyclic condensate collection tests; 

• Allow for the use of the 

manufacturer-specified gas inlet 

pressure range when the required input 

rating cannot be achieved; 

• Explicitly state the regulator outlet 

pressure and specific gravity tolerances 

for the gas supply; 

• Provide the option to use five, 

rather than nine, thermocouples for the 

thermocouple grid in models with small 

(2-inch diameter or less) flues; 

• Clarify the wording of the cyclic 

condensate collection test in the 

calculation of the allowable variance in 

condensate mass measurements; and 

• Provide explicit direction on the 

methods to appropriately shield 

thermocouples from radiation. 

The adopted amendments are 

summarized in Table II.1 compared to 

the test procedure provision prior to the 

amendment, as well as the reason for 

the adopted change. 

TABLE II.1—SUMMARY OF CHANGES IN AMENDED TEST PROCEDURES RELATIVE TO PREVIOUS TEST PROCEDURES

Previous DOE test procedure Amended test procedure Attribution 

Definitions for electric heater, primary heater, 

supplementary heater, floor electric heater, 

unvented gas heater, unvented home heating equipment, unvented oil heater, vented 

home heating equipment, and vented room 

heater had various inconsistencies in terminology.

Updates the definitions to use consistent terminology.Ensure consistent use and application. 

Response to comments. 

Referenced ANSI/ASHRAE 103–2007, ANSI 

Z21.86–2008, ASTM D–2156–09, UL729– 

2003, UL 730–2003, and UL 896–1993.

References ANSI/ASHRAE 103–2017 (but 

maintains existing oil pressure measurement error value), ANSI Z21.86–2016, 

ASTM D2156–09 (R2018), UL 729–2016, 

UL 730–2016, and UL 896–2016.

Update to most recent versions of industry 

standards. Response to comments. 


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TABLE II.1—SUMMARY OF CHANGES IN AMENDED TEST PROCEDURES RELATIVE TO PREVIOUS TEST PROCEDURES— 

Continued 

Previous DOE test procedure Amended test procedure Attribution 

Did not provide specific direction for units with 

multiple automatic operational modes.

Explicitly provides that for units with multiple 

automatic operational modes, the default or 

other similarly named mode is used for testing.

Ensure representativeness, repeatability, and 

reproducibility. Response to comments. 

Did not provide specific direction regarding the 

input rate at which the cyclic condensate collection test is to be conducted.

Explicitly states at which input rate to conduct 

the cyclic condensate collection test.

Ensure repeatable and reproducible results. 

Specified an inlet gas pressure level is to be 

between 7–10 inches water column.

Permits use of manufacturer’s specified gas 

inlet pressure range, if the nameplate input 

rating ±2 percent cannot be achieved at 7– 

10 inches water column.

Ensure representativeness repeatability, and 

reproducibility. 

Did not provide specific values that the regulator outlet pressure and specific gravity of 

the test gas must meet.

Explicitly state that the regulator outlet pressure be within the greater of ± 10 percent of 

the manufacturer-specified manifold pressure or ±0.2 inches water column, and that 

the specific gravity for natural gas and propane gas be 0.57–0.70 and 1.522–1.574, 

respectively.

Ensure consistent use and application. Ensure 

representativeness repeatability, and reproducibility. 

Required use of a nine-thermocouple grid for 

measuring flue gas temperature, regardless 

of flue size.

For smaller size flues (2-inch diameter or 

less), require a five-thermocouple grid.

Reduce test burden, ensure representativeness. 

For the variance of the condensate mass 

measurements, required that ‘‘the sample 

standard deviation is within 20 percent of the 

mean value for three cycles’’ in order to stop 

at three cycles. Otherwise, six cycles are required.

Clarifies that the standard deviation must be 

less than or equal to 20 percent of the 

mean value.

Clarification. Ensure representativeness repeatability, and reproducibility. 

Did not provide specific direction for determining when a radiation shield is needed or 

what an appropriate radiation shield would 

be.

Explicitly states that any thermocouple with a 

direct line of sight to the burner must be 

shielded from radiation and that a radiation 

shield with an explicitly stated material and 

minimum thickness must be used.

Clarification. Ensure representativeness repeatability, and reproducibility. 

DOE has determined that the 

amendments described in section III of 

this final rule will not alter the 

measured efficiency of DHE or require 

retesting or recertification solely as a 

result of DOE’s adoption of the 

amendments to the test procedures. 

Additionally, DOE has determined that 

the amendments will not increase the 

cost of testing. Discussion of DOE’s 

actions are addressed in detail in 

section III of this final rule. 

The effective date for the amended 

test procedures adopted in this final 

rule is 30 days after publication of this 

document in the Federal Register. 

Representations of energy use or energy 

efficiency must be based on testing in 

accordance with the amended test 

procedures beginning 180 days after the 

publication of this final rule. 

III. Discussion 

A. Definitions 

1. Unvented Heaters 

In the April 2021 NOPR, DOE 

proposed several changes to the 

definitions pertaining to unvented 

heaters, including: (1) Changing the 

phrasing from ‘‘heat’’ or ‘‘warm air’’ to 

‘‘heated air,’’ as the term ‘‘warm’’ is 

subjective and does not indicate that 

any process was used to add heat to the 

air being furnished by the heater, 

whereas ‘‘heated’’ indicates that thermal 

energy was added to the air; (2) 

explicitly including floor electric 

heaters as one of the examples provided 

in the definition of a ‘‘primary electric 

heater,’’ given that, to the extent that a 

floor electric heater is the principal 

source of heat for a structure, it is a 

primary heater; (3) adding the phrase ‘‘a 

class of unvented home heating 

equipment’’ to the definitions of 

‘‘electric heater,’’ ‘‘unvented gas 

heater,’’ and ‘‘unvented oil heater,’’ to 

more clearly associate these definitions 

as being unvented home heating 

equipment; and (4) specifying that 

‘‘unvented home heating equipment or 

unvented heater’’ furnishes heated air 

‘‘without exhaust venting,’’ as the prior 

definition did not state this explicitly. 

86 FR 20053, 20057–20058 (April 16, 

2021). 

AHAM, the CA IOUs, and NEEA 

generally stated their support of DOE’s 

proposed updates to the DHE 

definitions. (AHAM, No. 15 at p. 1; CA 

IOUs, No. 14 at p. 1; NEEA, No. 16 at 

p. 1) 

For the reasons identified in the 

preceding discussion and discussed in 

the April 2021 NOPR, this final rule 

amends the definitions pertaining to 

unvented heaters as proposed in the 

April 2021 NOPR. 

2. Vented Heaters 

In the April 2021 NOPR, DOE 

proposed updates to the definitions 

pertaining to vented heaters in 10 CFR 

430.2, including: (1) Changing the 

phrasing of ‘‘warm’’ or ‘‘warmed’’ air to 

‘‘heated’’ air in the definitions of 

‘‘vented home heating equipment or 

vented heater’’ and ‘‘vented room 

heater,’’ for the reasons stated prior; (2) 

replacing the phrase ‘‘to the living space 

of a residence, directly from the device’’ 

in the ‘‘vented home heating equipment 

or vented heater’’ definition with ‘‘to a 

space proximate to such heater, directly 

from the heater’’ to align with the 

definition of ‘‘unvented home heating 

equipment or unvented heater,’’ and (3) 

specifying that ‘‘vented home heating 

equipment or vented heater’’ furnishes 

heated air ‘‘with exhaust venting,’’ as 

the prior definition did not state this 

explicitly. 86 FR 20053, 20058–20059 

(April 16, 2021). 


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6ASTM D2156–09 was reapproved in 2018 

(ASTM D2156–09 (R2018)) without modification. 

7The adjustment factor is a multiplier to adjust 

the heating load hours to the approximate burner 

operating hours experienced by the system. 

8The oversizing factor accounts for space heating 

products generally being oversized when compared 

to the actual required heating load. 

AHAM, the CA IOUs, and NEEA 

generally stated their support of DOE’s 

proposed updates to the DHE 

definitions. (AHAM, No. 15 at p. 1; CA 

IOUs, No. 14 at p. 1; NEEA, No. 16 at 

p. 1) 

For the reasons identified in the 

preceding discussion and discussed in 

the April 2021 NOPR, this final rule 

amends the definitions pertaining to 

vented heaters as proposed in the April 

2021 NOPR. 

B. Updates to Industry Consensus Test 

Methods 

The unvented home heating 

equipment test procedure in appendix G 

referenced the International 

Electrotechnical Commission (‘‘IEC’’) 

62301, ‘‘Household electrical 

appliances—Measurement of standby 

power,’’ (Second Edition). The vented 

home heating equipment test procedure 

in appendix O referenced the following 

industry standards: 

• ANSI/ASHRAE Standard 103–2007, 

‘‘Method of Testing for Annual Fuel 

Utilization Efficiency of Residential 

Central Furnaces and Boilers’’ (‘‘ANSI/ 

ASHRAE 103–2007’’); 

• ANSI Z21.86–2008, ‘‘Vented GasFired Space Heating Appliances’’ 

(‘‘ANSI Z21.86–2008’’); 

• ASTM D2156–09, ‘‘Standard Test 

Method for Smoke Density in Flue 

Gases from Burning Distillate Fuels’’ 

(‘‘ASTM D2156–09’’); 

• IEC 62301 (Second Edition), 

‘‘Household electrical appliances— 

Measurement of standby power’’ (‘‘IEC 

62301 (Second Edition)’’); 

• UL 729–2003, ‘‘Standard for Safety 

for Oil-Fired Floor Furnaces’’ (‘‘UL 729– 

2003’’); 

• UL 730–2003, ‘‘Standard for Safety 

for Oil-Fired Wall Furnaces’’ (‘‘UL 730– 

2003’’); and 

• UL 896–1993, ‘‘Standard for Safety 

for Oil-Burning Stoves’’ (‘‘UL 896– 

1993’’). 

As described in the April 2021 NOPR, 

each of the referenced industry 

standards, except for ASTM D2156–09 6

and IEC 62301 (Second Edition), have 

been superseded with a more recent 

version. 86 FR 20053, 20059. The 

changes in the most recent version of 

UL 729, UL 730, and UL 896 were made 

to sections not referenced by the DOE 

test procedure; and the changes in the 

most recent version of ANSI Z21.86, 

while affecting sections referenced by 

the DOE test procedure, were nonsubstantive and unlikely to have any 

impact on the test burden or measured 

energy consumption under the DOE test 

procedure. Id. DOE proposed to update 

the references to these industry 

standards to their most recent versions: 

ASTM D2156–09 (R2018), UL 729–2016, 

UL 730–2016, UL 896–2016, and ANSI 

Z21.86–2016. 

DOE received no comments regarding 

its proposal to update these industry 

standards to their most recent versions. 

In this final rule, DOE updates the 

references to the industry standards to 

the most recent versions for ASTM 

D2156–09, UL 729, UL 730, UL 896, and 

ANSI Z21.86, consistent with the 

proposal in the April 2021 NOPR. 

ANSI/ASHRAE 103–2007, referenced 

in appendix O, has been superseded by 

ANSI/ASHRAE 103–2017. In the April 

2021 NOPR, DOE discussed the various 

substantive changes between ANSI/ 

ASHRAE 103–2007 and ANSI/ASHRAE 

103–2017 and the proposed changes to 

appendix O to address the changes, 

including: (1) Adding the oil pressure 

measurement error values from ANSI/ 

ASHRAE 103–2007 to appendix O (as 

these were not retained in ANSI/ 

ASHRAE 103–2017); (2) incorporating 

by reference the equations to determine 

jacket loss provided in Section 8.6 of 

ANSI/ASHRAE 103–2017 (as the 

equations in ANSI/ASHRAE 103–2017 

provide more accurate values as 

compared to the figures provided in the 

2007 version and mitigate the 

possibility of human error in 

interpreting the figures); and (3) 

removing the mention of Sections 8.8.3 

and 9.10 of ANSI/ASHRAE 103–2007 

within section 3.6.2.4.2 of appendix O 

(as all the information stated in Section 

8.8.3 of ANSI/ASHRAE 103–2007 is 

already stated in sections 3.6.1 and 3.6.2 

of appendix O; and the inclusion of a 

reference to Section 9.10 of ANSI/ 

ASHRAE 103–2007 could cause 

confusion due to the maximum postpurge requirement, which is not 

discussed within appendix O). 86 FR 

20053, 20059–20060 

The CA IOUs stated their support of 

DOE’s decision to update the reference 

to the most recent version of ANSI/ 

ASHRAE 103, stating that it will allow 

for more consistent test results. (CA 

IOUs, No. 14 at p. 1) The CA IOUs also 

stated their support of DOE’s proposed 

decision to add the allowable error in 

the oil pressure measurement value as 

defined in ANSI/ASHRAE 103–2007 

back into the test procedure to maintain 

consistency for manufacturers and 

contractors. (CA IOUs, No. 14 at p. 1) No 

additional comment was received on the 

proposal regarding the amendments 

related to the ANSI/ASHRAE 103 

update. 

For the reasons discussed in the April 

2021 NOPR, in this final rule, DOE 

adopts ANSI/ASHRAE 103–2017 with 

the modifications as proposed in the 

April 2021 NOPR. 86 FR 20053, 20072– 

20073. 

C. Unvented Heaters 

1. Calculation of Annual Energy 

Consumption 

For electric heaters, section 2.1 of 

appendix G specifies a requirement for 

measuring and recording the maximum 

electrical power consumed when 

heating, in terms of kilowatts, and 

section 3.3 specifies a requirement for 

calculating a rated output. For primary 

electric heaters only, section 3.1 of 

appendix G specifies a calculation for 

the national average annual energy 

consumption based on the maximum 

electrical power, and section 3.2 

specifies a calculation for the annual 

energy consumption by geographic 

region. The calculation of national 

average annual energy consumption in 

section 3.1 of appendix G is based on 

several assumptions, including the 

national average annual heating load 

hours of 2080, an adjustment factor of 

0.77,7 and a typical oversizing factor for 

primary electric heaters of 1.2.8 The 

calculation of regional annual energy 

consumption in section 3.2 of appendix 

G is based on the same assumptions as 

the national value, except that regional 

heating load hours are provided by a 

Figure 1, depicting geographic regions 

the United States and the associated 

heating load hours for each region. 

Appendix G does not specify a method 

for calculating annual fuel energy 

consumption for unvented gas and oil 

heaters. 

In the April 2021 NOPR, DOE did not 

propose changes to the national and 

regional values used in the calculations 

of annual energy consumption based on 

the tentative determination that the 

existing calculations and assumptions 

are still appropriate. 86 FR 20053, 

20061. DOE also did not propose to add 

calculations for annual fuel energy 

consumption of gas and oil unvented 

heaters because DOE tentatively 

concluded that such calculations would 

be unlikely to provide consumers with 

valuable information and could 

potentially confuse consumers if 

comparisons are made between vented 

and unvented heaters without the full 

understanding of the different 

applications and utilities of each 

product. Id. 


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9Section 2.3.1 of appendix G specifies that that 

measurement of the pilot light input rate is not 

required for unvented heaters where the pilot light 

is designed to be turned off by the user when the 

heater is not in use (i.e., for units where turning the 

control to the OFF position will shut off the gas 

supply to the burner(s) and the pilot light) and 

instruction to turn off the unit is provided on the 

heater near the gas control value (e.g., by label). 

10Statistics Canada study: www150.statcan.gc.ca/ 

n1/pub/11-526-s/2013002/t013-eng.htm. 

DOE did not receive any comments on 

its proposals to maintain the existing 

national and regional values used for 

calculating annual energy consumption 

and to not add calculations for annual 

fuel energy consumption of gas and oil 

unvented heaters. Therefore, DOE 

maintains its conclusions from the April 

2021 NOPR and is not adopting changes 

related to these issues. 

2. Standby Mode and Off Mode Energy 

Consumption 

Section 2.3 of appendix G requires 

measuring the pilot light input rate 

except for those products specified in 

section 2.3.1 of appendix G; 9 however, 

the pilot light measurement is not used 

in the calculation of rated output in 

section 3.4 of appendix G. 

In the April 2021 NOPR, DOE did not 

propose to include standby mode and 

off mode energy consumption into the 

annual energy consumption for 

unvented heaters, having tentatively 

determined that the standby mode 

energy consumption of unvented 

heaters is as effective at heating the 

space as active mode energy, and, 

therefore, it is unnecessary to integrate. 

86 FR 20053, 20061–20062. Regarding 

off mode energy consumption, DOE 

tentatively concluded in the April 2021 

NOPR that some consumers could 

potentially leave the pilot light on 

during the non-heating season, thereby 

resulting in consumption of additional 

energy. However, in its review of the 

market, DOE found that all identified 

models with a pilot light included 

instructions from the manufacturer for 

turning the pilot light off during the 

non-heating seasons. Id. DOE stated that 

it lacks data for the operational hours in 

off mode and the percentage of 

consumers that do not turn their pilot 

lights off during the non-heating 

seasons, thereby making it impossible to 

determine whether a problem exists or 

its magnitude. Id. Based on the presence 

of manufacturer instructions and lack of 

data on representative use, DOE did not 

propose to incorporate off mode energy 

use in the test procedure. Id. 

The Joint Advocates encouraged DOE 

to continue investigating off mode 

energy use for unvented heaters, 

asserting that DHE models with 

standing pilot lights waste a significant 

amount of energy in off mode and that 

the instructions provided to turn the 

pilot light off may do little to reduce the 

operating hours of standing pilot lights. 

(Joint Advocates, No. 13 at p. 1) The CA 

IOUs requested that DOE further 

investigate the opportunity for 

regulation of standing pilot lights. (CA 

IOUs, No. 14 at pp. 2–3) The CA IOUs 

cited a NOPR that DOE published on 

February 9, 2015, for hearth products 

and a Statistics Canada study 10 that 

both showed that 44 percent of 

consumers do not turn off their fireplace 

standing pilot light during the nonheating season. The CA IOUs asserted 

that these results should provide an 

indication of the percentage of 

households that leave the standing pilot 

light on all year for DHE. Id. The CA 

IOUs stated that its research has 

uncovered products that do not appear 

to have directions in the manual for 

turning the pilot light off during the 

non-heating seasons. Id. The CA IOUs 

further requested that DOE demonstrate 

why consumer behavior regarding 

standing pilot lights would be different 

for DHE products and hearth products 

and provide more information regarding 

the market research conducted to make 

this determination. Id. 

In response, DOE notes that, in 

addition to providing heat, consumers 

also purchase hearth products for 

aesthetic purposes. The sole purpose of 

unvented heaters, however, is to 

provide heat. As a result, the product 

designs, installation locations, and 

usage patterns may be significantly 

different for hearth products as 

compared to unvented heaters. These 

differences, especially differences in the 

way the consumer uses the appliance, 

could lead users to behave differently 

with respect to turning off the pilot 

light. In a final determination regarding 

energy conservations standards for DHE 

published on November 23, 2021, DOE 

considered this issue and agreed that 

amendments to appendix G to limit the 

exclusion to unvented heaters that are 

controlled with a thermostat or 

manually-controlled unvented heaters 

with both a fully off mode and a pilot 

on mode may be appropriate. 86 FR 

66403, 66411. However, DOE stated that 

the information regarding hearth 

products cannot be used directly for 

unvented heaters because hearth 

products may be used differently than 

unvented heaters, and, at the time of the 

determination, DOE had not received 

information regarding consumer 

behavior for unvented heaters. Id. 

Regarding the comments on this 

rulemaking, the commenters did not 

present new information on the usage of 

pilot lights in unvented heaters during 

the non-heating season that would allow 

DOE to determine whether a significant 

number of unvented heater consumers 

leave the standing pilot light on during 

the non-heating season, or to draw 

comparisons between usage of pilot 

lights in hearth products as compared to 

unvented heaters. As a result, DOE 

maintains its position from the April 

2021 NOPR that it lacks data at this time 

regarding the operational hours of the 

pilot in off mode and the percentage of 

consumers that do not turn their pilot 

lights off during the non-heating 

seasons, which would be needed for 

DOE to incorporate a representative 

measure of off mode energy use in the 

test procedure. DOE will continue to 

investigate this issue and, if appropriate, 

will address the pilot light energy 

consumption in a future rulemaking 

proceeding. 

3. Efficiency Assumption 

As stated in section I.B of this 

document, appendix G does not contain 

provisions for determining the energy 

efficiency of unvented heaters, as they 

are considered to be 100-percent 

efficient due to the fact that any heat 

loss from the heater is transferred to the 

conditioned space in which the unit is 

installed. Thus, DOE has not established 

energy conservation standards for 

unvented heaters. 

In the February 2019 RFI, DOE noted 

the absence of provisions for calculating 

the energy efficiency of unvented 

heaters in appendix G and sought 

comment on whether calculations for 

the annual fuel energy consumption of 

unvented gas, propane, and oil heaters 

should be added to the test procedure. 

84 FR 6088, 6092 (Feb. 26, 2019). In 

response, AHRI recommended against 

calculating annual fuel energy 

consumption for unvented gas and oil 

heaters, stating that all heat is contained 

within the conditioned space, so that 

such products should be considered 

100-percent efficient. (AHRI, No. 5 at p. 

2). NEEA commented that unvented 

heaters have higher efficiencies than 

vented heaters because all the heated air 

and combustion gases are delivered to 

the consumer’s heated space. (NEEA, 

No. 7 at pp. 1–2) The Joint Advocates 

recommended that DOE require the 

annual fuel energy consumption 

calculations for gas and oil unvented 

heaters to ensure that any 

representations of annual energy use for 

these products would be based on a 

consistent calculation methodology. 

(Joint Advocates, No. 6 at p. 1) 

In the April 2021 NOPR, DOE did not 

propose to add calculations for annual 


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30782 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

11A vented floor furnace is defined in part as 

being ‘‘suspended from the floor of the space being 

heated.’’ A vented room heater is defined in part as 

being ‘‘free-standing, nonrecessed.’’ A vented wall 

furnace is defined in part as ‘‘designed for 

incorporation in, or permanent attachment to, a 

wall of a residence.’’ 

fuel energy consumption of gas and oil 

unvented heaters to appendix G, having 

tentatively determined that such 

calculations would be unlikely to 

provide consumers with valuable 

information, and that an annual fuel 

energy consumption value for unvented 

gas and oil heaters could potentially 

confuse consumers if comparisons are 

made to the values for vented heaters 

without full understanding of the 

different applications and utilities of 

each product. 86 FR 20053, 20062. 

In response to the April 2021 NOPR, 

the CA IOUs asserted that some 

unvented heaters, depending on 

installed conditions, may lose heat to an 

unconditioned space such as a wall or 

ceiling, which could result in the 

consumer setting the unit’s thermostat 

higher, ultimately leading to more 

energy consumption relative to a unit 

with less peripheral heat loss. The CA 

IOUs urged DOE to perform further 

analysis that includes the installation 

and use of unvented heaters to verify its 

assumption of 100 percent efficiency. 

(CA IOUs, No. 14 at p. 2) 

AHAM stated its support of DOE’s 

assumption that unvented heaters are 

100 percent efficient and commented 

that it would object to amendments that 

would add efficiency or energy 

calculations for unvented heaters that 

are not used as the primary heating 

source for the home. (AHAM, No. 15 at 

pp. 1–2) 

Flux Tailor stated that the rate at 

which the unvented heater heats the 

conditioned space affects the energy use 

of the product, as the unvented heater 

will operate less if the conditioned 

space is heated more quickly. (Flux 

Tailor, Public Meeting Transcript, No. 

12 at pp. 20–22) 

In response to the CA IOUs comment, 

DOE notes that unvented heaters can 

typically be installed either on the wall 

or ceiling, or free-standing within the 

room (mounted on supports that are 

provided with the unit or can be 

purchased separately). For an unvented 

heater installed on a wall or ceiling, a 

portion of the heat losses through the 

jacket may heat the wall or ceiling; 

however, the wall and ceiling are part 

of the overall envelope of the heated 

space. Therefore, DOE does not find 

such an installation would result in 

losses that do not provide heat to the 

conditioned space. Further, DOE notes 

that its assumption that unvented 

heaters are 100 percent efficient is 

consistent with the treatment of vented 

heaters in appendix O. The test 

procedure for vented heaters requires a 

jacket loss test for vented floor furnaces 

(section 3.2), but does not require this 

test for any other type of vented heater, 

because a floor furnace is the only type 

of vented heater that is considered to 

have some portion of the jacket outside 

the heated space.11

In response to Flux Tailor’s comment, 

DOE notes that the total amount of heat 

supplied to a space to satisfy a given 

heat load would be the same regardless 

of the rate at which the heat is supplied. 

Supplying heat at a higher rate of energy 

consumption will satisfy a particular 

heating load more quickly (i.e., the 

heater will be on for a shorter duration); 

whereas, supplying heat at a lower rate 

of energy consumption will satisfy the 

same heating load more slowly (i.e., the 

heater will be on for a longer duration). 

In both cases, however, the total amount 

of energy consumption (i.e., heat 

supplied to the room) would be the 

same. Therefore, DOE has determined 

not to amend appendix G to account for 

the rate at which an unvented heater 

can heat a conditioned space. 

D. Vented Heaters 

For vented heaters, appendix O 

specifies provisions for determining the 

product’s AFUE, which is the efficiency 

descriptor established by EPCA for these 

products. (42 U.S.C. 6291(22)(A)) 

1. Models With Multiple Automatic 

Operation Modes 

Section 2.11 of appendix O specifies 

that for equipment that has both manual 

and automatic thermostat control 

modes, the unit must be tested 

according to the procedure for its 

automatic control mode (i.e., singlestage, two-stage, or step-modulating). 

However, when a unit has multiple 

automatic operational modes, the test 

procedure did not explicitly specify 

what automatic operating mode must be 

used for testing. 

In the April 2021 NOPR DOE 

proposed to amend section 2.11 of 

appendix O to explicitly specify that 

models with multiple automatic 

operation modes be tested in the mode 

suggested by the manufacturer for 

normal operation or the default mode as 

defined in the manufacturer’s 

installation and operations manual. If a 

default mode is not defined in the 

product literature, DOE proposed that 

tests be conducted in the mode in which 

the product operates as shipped from 

the manufacturer. 86 FR 20053, 20062. 

DOE received no comments on its 

proposal. In this final rule, DOE amends 

section 2.11 of appendix O, consistent 

with the proposal in the April 2021 

NOPR, to require equipment that has 

multiple automatic thermostat control 

modes to be tested in the default mode 

(or similarly named mode identified for 

normal operation) as defined by the 

manufacturer in its installation and 

operation (‘‘I&O’’) manual. If a default 

mode is not defined in the I&O manual, 

such equipment must be tested in the 

mode in which the equipment operates 

as shipped from the manufacturer. 

2. Fuel Supply and Burner Adjustments 

Sections 2.3.1 and 2.3.2 of appendix 

O required that for natural gas-fueled 

and propane gas-fueled vented heaters, 

the gas supply be maintained at a 

normal inlet test pressure immediately 

ahead of all controls at 7 to 10 inches 

water column and 11 to 13 inches water 

column, respectively. In addition, 

section 2.4.1 of appendix O requires that 

the fuel flow rate be set to obtain a heat 

rate of within ±2 percent of the hourly 

Btu rating specified by the 

manufacturer, as measured after 15 

minutes of operation. Section 2.4.2 of 

appendix O requires that the burners of 

oil fueled vented heaters be adjusted to 

give the CO2 reading recommended by 

the manufacturer and an hourly Btu 

input during steady-state operation 

within ±2 percent of the heater 

manufacturer’s specified normal hourly 

Btu input rating. In addition, on units 

employing a power burner, section 2.4.2 

requires that smoke in the flue not 

exceed a No. 1 smoke during the steadystate performance test as measured by 

the procedure in ASTM D2156. During 

exploratory testing performed for the 

development of the April 2021 NOPR, 

only one tested gas-fired unit was 

unable to achieve the nameplate input 

rate within ±2 percent while 

maintaining a natural gas supply 

pressure of 7 to 10 inches water column. 

The manufacturer’s recommended gas 

inlet pressure for this model was 5 to 

10.5 inches water column, and the 

nameplate input rating was achieved at 

a natural gas supply pressure of 5 inches 

water column. 

In the April 2021 NOPR, DOE 

proposed several changes to appendix 

O, as follows. First, DOE proposed to 

specify that if the heater is equipped 

with a gas pressure regulator, that the 

regulator outlet pressure be maintained 

within the greater of ±0.2 inches water 

column and ±10 percent of the 

manufacturer-specified manifold 

pressure on the nameplate of the unit or 

in the installation and operation (‘‘I&O’’) 

manual. DOE reasoned that this would 

ensure consistency in setting the 

regulator outlet pressure and align with 


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12 ‘‘Reduced heat input rate’’ is defined in section 

1 of appendix O as the factory-adjusted lowest 

reduced heat input rate for vented home heating 

equipment equipped with either two-stage 

thermostats or step-modulating thermostats. 

DOE test procedures for other gas-fired 

heating products such as consumer 

water heaters and commercial water 

heaters. 86 FR 20053, 20062. Second, 

DOE proposed to require that the 

specific gravity be between 0.57 and 

0.70 for natural gas and 1.522 and 1.574 

for propane gas, instead of 

‘‘approximately’’ 0.65 and 1.53 for 

natural gas and propane gas, 

respectively, in order to better align the 

test procedure in appendix O with 

Annex G of ANSI Z21.86–2016. Id. 

Third, DOE proposed to specify that if 

the burner cannot be adjusted to obtain 

a heat input rate of within ±2 percent of 

the hourly Btu rating specified by the 

manufacturer on the nameplate of the 

unit or in the I&O manual, as required 

by section 2.4.1 of appendix O, the gas 

supply to the unit under test at an inlet 

test pressure immediately ahead of all 

controls may be set to any value within 

the range specified by the manufacturer 

on the nameplate of the unit or in the 

I&O manual. DOE reasoned that this 

change, if adopted, would ensure 

models are tested at conditions 

representative of field conditions while 

still maintaining consistency and 

repeatability. Id. Finally, DOE proposed 

to remove the word ‘‘normal’’ from 

sections 2.3.1 and 2.3.2 of appendix O 

(in reference to ‘‘normal inlet test 

pressure’’), and replace the phrase 

‘‘normal hourly Btu input rating’’ with 

‘‘maximum hourly Btu input rating’’ 

within section 2.4.2 of appendix O. In 

doing so, DOE explained that because 

the test pressures within section 2.3 of 

appendix O were proposed to be 

explicitly stated, the use of the phrase 

‘‘normal’’ would no longer be necessary, 

and the proposed change to replace 

‘‘normal hourly Btu input rating’’ with 

‘‘maximum hourly Btu input rating’’ 

would better align the input rate 

language throughout section 2.4 of 

appendix O. Id. at 20063. 

DOE received no comments on its 

proposals. For the reasons discussed in 

the preceding paragraphs and in the 

April 2021 NOPR, in this final rule, 

DOE amends sections 2.3.1, 2.3.2, 2.4.1, 

and 2.4.2 of appendix O consistent with 

the proposals in the April 2021 NOPR. 

3. Flue Thermocouples 

Section 2.6 of appendix O required 

installation of nine thermocouples in 

the vent for measuring flue gas 

temperature for both gas-fueled and oilfueled vented heaters. As discussed in 

the April 2021 NOPR, DOE has 

conducted testing on one unit for which 

the exhaust piping was 2 inches in 

diameter, and the nine thermocouples 

significantly restricted airflow in the 

vent, resulting in flue gas temperature 

readings and carbon monoxide levels 

above normal operating conditions. 86 

FR 20053, 20063. 

To ensure that measurements taken 

during testing of models with smaller 

flues (i.e., 2 inches diameter or less) are 

representative of typical use, DOE 

proposed in the April 2021 NOPR an 

amendment to section 2.6 of appendix 

O to allow the test lab to use five 

thermocouples (consistent with the 

direction in ASHRAE 103–2017, section 

7.6 and figure 10) when the flue size is 

less than or equal to 2 inches diameter. 

As explained in the April 2021 NOPR, 

given that the cross-sectional flue area is 

smaller for models with small vent 

diameter, fewer thermocouples may be 

needed to obtain accurate flue gas 

temperature measurements. Further, 

using fewer thermocouples would result 

in less flue restriction, and could more 

closely resemble operation in the field, 

thereby providing more representative 

flue gas readings. 86 FR 20053, 20063. 

DOE received no comments on its 

proposal. In this final rule, DOE amends 

section 2.6 of appendix O to allow the 

test lab to use five thermocouples when 

the flue diameter is less than or equal 

to 2 inches. 

4. Cyclic Condensate Collection Test 

Section 3.8.2 of appendix O specifies 

the test procedure for collecting 

condensate under cyclic conditions for 

condensing vented heaters. During this 

test, three to six cycles of a 4-minute oncycle followed by a 13-minute off-cycle 

are completed. The total mass of 

condensate and fuel energy input are 

then used in section 4.0 of appendix O, 

‘‘Calculations.’’ The cyclic condensate 

collection test did not specify the input 

rate at which the burner should fire 

during the on-cycle times for units with 

modulating controls. 

a. Input Rate 

The cyclic condensate collection test 

was based on Section 9.8 of ANSI/ 

ASHRAE 103–2007, which specifies 

that regarding the input rate for units 

with modulating controls, the following 

applies: (a) For step-modulating units, 

the test is conducted at the reduced 12

input rate only, which is defined in 

Section 3 of ANSI/ASHRAE 103–2007; 

or (b) for two-stage units, the test is 

conducted at both the maximum and 

reduced input rates unless the balancepoint temperature (TC) determined is 

equal to or less than the typical outdoor 

design temperature of 5 °F (¥5 °C), in 

which case the test is conducted at the 

reduced input rate only. The required 

input rate is specified in all other tests 

within the vented heater test procedure. 

In the April 2021 NOPR, DOE 

proposed to explicitly provide input 

rate instructions similar to those in 

ANSI/ASHRAE 103–2007 to section 

3.8.2 of appendix O to further align the 

vented heater test procedure with ANSI/ 

ASHRAE 103. 86 FR 20053, 20063. DOE 

notes that the input rate instructions for 

units with modulating controls in 

Section 9.8 of ASHRAE 103–2007 and 

ASHRAE 103–2017 are essentially 

identical. 

DOE received no comments on its 

proposal. In this final rule, DOE amends 

section 3.8.2 of appendix O to add input 

rate instructions for the cyclic 

condensate collection test equivalent to 

those in ANSI/ASHRAE 103–2017, 

consistent with the proposal in the 

April 2021 NOPR. 

b. Condensate Mass Measurement 

Requirements 

Section 3.8.2 of appendix O stated 

that if after three cycles ‘‘the sample 

standard deviation [of the mass of 

collected condensate] is within 20 

percent of the mean value for three 

cycles,’’ the test can be ended, and the 

total mass collected in the three cycles 

can be used. Otherwise, three additional 

cycles of condensate collection are 

required, for a total of six cycles. DOE 

notes that the language for checking 

whether the variance of the condensate 

collected during the first three cycles is 

sufficiently small could be read to 

require that the standard deviation be 

‘‘within 20 percent’’ of the mean value 

of the mass of condensate collected. 

Such a reading would not be logical 

because a small standard deviation is 

desirable for consistent results, and, 

therefore, the standard deviation value 

should not be compared directly to the 

mean and be required to be within 20 

percent of the mean value. Rather, the 

phrase required that the standard 

deviation be at or below ‘‘20 percent of 

the mean value’’ (i.e., the sample 

standard deviation should be less than 

or equal to 20 percent of the mean). 

To clarify the wording to avoid 

confusion that could result from the 

text, DOE proposed in the April 2021 

NOPR to revise section 3.8.2 of 

appendix O to state that the standard 

deviation must be less than or equal to 

20 percent of the mean rather than 

‘‘within 20 percent’’ of the mean. 86 FR 

20053, 20063. 

DOE received no comments on its 

proposal. In this final rule, DOE amends 

section 3.8.2 of appendix O, consistent 

with the proposal in the April 2021 


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13The ‘‘balance point temperature’’ is defined in 

section 4 of Appendix O and represents a 

temperature used to apportion the annual heating 

load between the reduced input cycling mode and 

either the modulating mode or maximum input 

cycling mode. 

NOPR, to clarify that the standard 

deviation must be less than or equal to 

20 percent of the mean as the 

determining factor for whether the 

cyclic condensate mass collection must 

be performed for three cycles or six 

cycles. 

5. Other Vented Heater Topics 

a. Determination of Balance Point 

Temperature, Heating Load Fractions, 

and Average Outdoor Temperature 

In section 4.1.10 of appendix O, titled 

‘‘Steady-state efficiency,’’ the balance 

point temperature (Tc) 13 can be 

determined either with an equation or 

using the values provided in Table 3 of 

appendix O. The two options may not 

yield the exact same result because 

Table 3 provides a single balance point 

temperature value for a range of heat 

output ratios (R), while the equation 

provides a specific value for each heat 

output ratio. In other words, to use 

Table 3, first the heat output ratio is 

determined, then the corresponding 

range in Table 3 is selected to identify 

the balance point temperature for units 

with heat output ratios in the given 

range. To use the equation method, 

however, the heat output ratio is 

plugged into the equation, and balance 

point temperature is calculated. 

Similarly, values for the fraction of the 

heating load and average outdoor 

temperature at the reduced and 

maximum operating modes (variables 

X1, X2, TOA, and TOA*) are determined 

using either Table 3, or for TOA and 

TOA*, Figure 1 of appendix O (which 

provides a graph showing TOA and TOA* 

variables for any balance point 

temperature between 16 °F and 62 °F) 

and, for X1 and X2, Figure 2 of appendix 

O (which provides a graph showing 

variables X1 and X2 for any balance 

point temperature between 0 °F and 

62 °F). In the April 2021 NOPR, DOE 

noted that Table 3, Figure 1, and Figure 

2 may yield different results because 

Table 3 provides discreet values for X1, 

X2, TOA, and TOA*, whereas Figure 1 

and Figure 2 provide continuous 

graphical curves for determining the 

relevant variables. 86 FR 20053, 20064. 

DOE further discussed in the April 2021 

NOPR that it had reviewed test data to 

estimate the impact of the different 

methods for determining the value of 

variables on the measured AFUE value 

and found that the different methods 

resulted in a difference on the order of 

hundredths of a percentage point of 

AFUE, which DOE tentatively 

concluded would not be likely to affect 

the measured AFUE in most cases when 

rounded to a whole number. Id. 

Therefore, in the April 2021 NOPR, DOE 

did not propose any changes to the test 

method related to these issues. Id. 

DOE did not receive any comments on 

these issues in response to the April 

2021 NOPR; therefore, DOE is not 

adopting any changes regarding them. 

b. Default Jacket Loss Value for Vented 

Floor Furnaces 

The test procedure for vented floor 

furnaces requires the measurement of 

jacket losses when determining the 

AFUE. See section 3.2, appendix O. In 

the NOPR published in the Federal 

Register on October 24, 2013 as part of 

the most recent previous test procedure 

rulemaking for DHE (resulting in a final 

rule published on January 6, 2015 (the 

‘‘January 2015 final rule’’; 80 FR 792), 

DOE proposed an optional use of a 

default jacket loss value of 1 percent for 

vented floor furnaces, as an alternative 

to performing a jacket loss test. 78 FR 

63410, 63415 (Oct. 24, 2013). In the 

January 2015 final rule, DOE decided 

not to adopt the 1 percent default jacket 

loss value for vented floor furnaces after 

reviewing test data that revealed an 

average jacket loss of 3.05 percent. 80 

FR 792, 794 (Jan. 6, 2015). 

In the April 2021 NOPR, DOE did not 

propose a default jacket loss value, 

stating its tentative conclusion that a 

default jacket loss value for vented floor 

furnaces would provide less 

representative ratings than the existing 

test method, which requires 

measurement of the jacket loss in floor 

furnaces. 86 FR 20053, 20064 

NEEA and the Joint Advocates 

expressed support for continuing to 

measure jacket losses, rather than 

including a default value, stating that 

this would provide the most accurate 

representation of energy use and may 

encourage manufacturers to develop 

technology that further minimizes jacket 

losses. (NEEA, No. 16 at p. 2; Joint 

Advocates, No. 13 at p. 1) 

Consistent with the April 2021 NOPR, 

DOE is not amending section 3.2 of 

appendix O to allow for a default jacket 

loss factor for floor furnaces. 

c. Radiation Shielding 

Sections 2.6.1, 2.6.2, and 2.9 of 

appendix O require that radiation 

shields be used to protect 

thermocouples that could receive direct 

radiation from the fire. However, no 

instruction was given on how to 

determine if a thermocouple could 

receive direct radiation from the fire, 

and if so, what type of radiation 

shielding would be required. 

In the April 2021 NOPR, DOE 

proposed to require that all 

thermocouples be shielded from the fire 

if there is a direct line of sight between 

the fire and the thermocouple. Further, 

DOE proposed that if radiation shielding 

is required, then a radiation shield 

meeting the material and minimum 

thickness requirements stated in Section 

8.14.1 of ANSI Z21.86–2016 shall be 

used. 86 FR 20053, 20065. 

DOE received no comments on its 

proposal. In this final rule, DOE amends 

sections 2.6.1, 2.6.2, and 2.9 of 

appendix O, consistent with the 

proposal from the April 2021 NOPR, to 

require that all thermocouples be 

shielded from the fire if there is a direct 

line of sight between the fire and the 

thermocouple; and if radiation shielding 

is required, then the radiation shield 

must meet the material and minimum 

thickness requirements stated in Section 

8.14.1 of ANSI Z21.86–2016. 

d. Standing Pilot Light Energy 

In response to a notice of proposed 

determination (‘‘NOPD’’) not to amend 

energy conservation standards for DHE 

published on December 1, 2020 (85 FR 

77017), the Joint Advocates urged DOE 

to address the pilot light energy 

consumption for both vented and 

unvented heaters, noted that the test 

procedures (i.e., appendix G and 

appendix O) do not require 

measurement of the pilot light energy 

input rate for vented heater models that 

instruct the user on how to turn the 

pilot light off, and stated that this 

instruction does little to reduce the 

operating hours of standing pilot lights 

in practice. (EERE–2019–BT–STD–0002: 

Joint Advocates, No. 16 at p. 1) No such 

comments were submitted on the April 

2021 NOPR; however, DOE will respond 

to the Joint Advocates’ comments in this 

document. 

DOE addresses similar comments 

regarding appendix G received in 

response to the April 2021 NOPR in 

section III.C.2 of this document. 

Regarding appendix O, similar to the 

requirement for unvented heaters 

discussed previously, DOE notes that 

section 3.5 requires measurement of the 

standing pilot input rate for all vented 

heaters that are not manually controlled 

heaters for which the pilot light is 

designed to be turned off by the user 

when the heater is not in use (that is, 

turning the control to the OFF position 

will shut off the gas supply to burner(s) 

and to the pilot light). This provision 

applies only to manually controlled 

heaters that operate by the consumer 

physically turning the unit on and off 


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when heating is desired, and does not 

apply to heaters that operate with a 

thermostat or other automatic means of 

control. 

DOE did not propose any changes to 

section 3.5 of appendix O in the April 

2021 NOPR. DOE does not have, and 

has not been presented with, sufficient 

data to determine whether a significant 

number of vented heater consumers 

leave the standing pilot light on during 

the non-heating season. As a result, DOE 

lacks data at this time regarding the 

operational hours of the pilot in off 

mode and the percentage of consumers 

that do not turn their pilot lights off 

during the non-heating seasons, which 

would be needed for DOE to incorporate 

a representative measure of off mode 

energy use in the test procedure. 

Therefore, DOE is maintaining the 

existing provisions in appendix O 

regarding the measurement of the pilot 

light energy input rate for vented heater 

models. 

e. Draft Factors for Models With No 

Measurable Airflow 

Section 3.6.1 of appendix O specifies 

that for units with no measurable 

airflow through the unit when not in 

heating mode (as determined by a 

smoke stick test defined in section 3.6.2 

of appendix O), a default value of 0.05 

may be used for both the off-cycle draft 

factor for flue gas flow (DF) and power 

burner draft factor (DP). 

In the April 2021 NOPR, DOE noted 

its prior request for information in the 

February 2019 RFI regarding whether 

models using condensing or induced 

draft technology are always capable of 

meeting the criteria required to use the 

default draft factors of 0.05 and whether 

such models should automatically be 

considered to have no measurable 

airflow, and, thus, be allowed to use the 

defined value of 0.05 for DF and DP. 86 

FR 20053, 20062. However, DOE did not 

propose the use of the default DF and DP

values for condensing and induced draft 

vented heaters without first performing 

the test in section 3.6.2 of appendix O 

to confirm that there is no measurable 

airflow. Id. DOE tentatively concluded 

that the existing provisions in the test 

procedure for ensuring there is no 

airflow through the unit when not in 

heating mode before allowing the 

default draft factors are appropriate, 

particularly since the smoke stick test 

was not identified as overly burdensome 

by stakeholders or during DOE’s testing. 

Further verification of no airflow 

ensures that representative draft factors 

are applied during testing. Id. 

DOE received no comments in 

response to its tentative conclusions in 

the April 2021 NOPR. As such, DOE has 

concluded that the existing provisions 

in the test procedure for ensuring there 

is no airflow through the unit when not 

in heating mode before allowing the 

default draft factors are appropriate. 

E. Performance and Utility 

DHE provides space heating (heated 

air) directly to the consumer’s living 

space without the use of duct 

connections. Also relevant to DHE may 

be the ability to provide ‘‘quiet’’ 

operation, non-heating air circulation, 

and space humidification. 

In the April 2021 NOPR, DOE did not 

propose any changes to the test 

procedure related to performance and 

utility, and tentatively determined that 

the proposed changes to appendix O 

would not affect performance or utility. 

86 FR 20053, 20065. DOE sought 

comment and data on whether the DHE 

test method affects DHE performance or 

utility, specifically including whether 

there are impacts on features such as air 

circulation and space humidification. 

DOE received no comments on its 

proposal. DOE has determined that the 

amendments adopted in this final rule 

do not affect performance and utility of 

DHE. 

F. Test Procedure Costs, Harmonization, 

and Other Topics 

1. Test Procedure Costs and Impact 

EPCA requires that test procedures 

proposed by DOE not be unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) In this final rule, DOE 

amends the existing test procedures for 

DHE (including both unvented and 

vented heaters) by updating definitions 

regarding unvented and vented heaters, 

incorporating by reference the most 

recent versions of several industry 

standards, explicitly specifying the 

operational mode for testing units with 

multiple automatic operational modes, 

stating the required input rate for the 

cyclic condensate collection test, 

allowing the use of manufacturerspecified values for gas supply pressure 

in certain circumstances, aligning the 

tolerance on the regulator outlet 

temperature with other DOE test 

procedures and the tolerance on the 

specific gravity of natural gas and 

propane with industry standards, 

providing an option to use fewer 

thermocouples for measuring the flue 

gas temperature in models with small 

flues, clarifying instructions for cyclic 

condensate mass measurements, and 

clarifying when radiation shielding is 

necessary. DOE has determined that the 

amendments adopted in this final rule 

will not be unduly burdensome for 

manufacturers to conduct, will not 

change test burden for manufacturers, 

and will not increase testing costs. 

Specifically, this final rule amends 

certain definitions of unvented heaters. 

These definitional changes provide 

greater consistency and do not affect the 

applicability of the test procedures or 

classification of any unvented heaters. 

As a result, the definitional changes will 

not require additional testing or impact 

testing costs. 

This final rule updates the industry 

consensus standards incorporated by 

reference to the most recent versions of 

those test methods. All of the updated 

industry consensus standards, except 

ANSI/ASHRAE 103–2017, do not 

contain any significant changes in the 

sections referenced in the DOE test 

procedures for DHE. For ANSI/ASHRAE 

103, the 2017 version differs from the 

2007 version referenced in the DOE test 

procedure in relation to the oil pressure 

measurement error allowance and the 

post-purge time for applying default 

draft factor values. DOE is adopting the 

updated standard with modification to 

retain the oil pressure measurement 

error allowance and removing mentions 

of sections 8.8.3 and 9.10 within section 

3.6.2.4.2 of appendix O, which refers to 

the maximum post-purge time for 

applying default draft factor values from 

the previously referenced 2007 version 

of the standard. These two revisions 

were the only significant differences 

between the 2007 and 2017 versions 

that would potentially impact testing of 

vented heaters. These amendments will 

not result in any additional burden or 

costs, as manufacturers are already 

complying with the oil pressure 

measurement error allowance 

provisions under the previous test 

procedure, and all the information 

stated in Section 8.8.3 of ANSI/ 

ASHRAE 103–2007 is already stated in 

sections 3.6.1 and 3.6.2 of appendix O. 

DOE is adopting amendments to 

specify that models with multiple 

automatic operational modes are to be 

tested in the default mode (or similarly 

named mode identified for normal 

operation). If a default mode is not 

defined in the product literature, the 

model shall be tested in the mode that 

the equipment operates in as shipped 

from the manufacturer. As discussed, 

DOE did not identify any models 

currently on the market that are capable 

of multiple automatic operation modes. 

Thus, DOE concludes that this change 

will not require additional testing, nor 

will it impact testing costs. 

DOE is amending appendix O to 

explicitly state the required input rate 

for the cyclic condensate collection test 

in section 3.8.2. The input rate 

instruction is identical to the instruction 


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in Section 9.8 of ANSI/ASHRAE 103– 

2007, which was the industry test 

procedure on which the cyclic 

condensate collection test in section 

3.8.2 was based. DOE notes this 

instruction is also included in the most 

recent version of ANSI/ASHRAE 103– 

2017. DOE concludes that because the 

input rate is not specified in DOE’s 

current test procedure, but is explicitly 

stated in the industry test method, 

manufacturers are already testing as 

instructed by the industry test method. 

Therefore, this change will not require 

additional testing, nor would it impact 

testing costs. 

DOE is amending appendix O to allow 

for use of manufacturer-specified gas 

inlet pressure ranges when the required 

input rating (i.e., the nameplate input 

rating ±2 percent) cannot be achieved at 

7–10 inches water column, as 

previously required in appendix O. 

Aside from the tested unit that 

presented this issue, DOE is unaware of 

this issue more broadly occurring in 

manufacturer testing. Were this issue to 

occur, a valid test as prescribed by the 

test procedure could not be performed, 

and a manufacturer would need to seek 

a waiver from the test procedure under 

10 CFR 430.27. DOE has not received 

any such waivers. As such, this 

amendment will not require retesting of 

units on the market and is not expected 

to impact test burden. 

DOE is also adding a tolerance on the 

regulator outlet temperature to be 

within the greater of ±10 percent of the 

manufacturer-specified manifold 

pressure or ±0.2 inches water column. 

This tolerance is consistent with other 

DOE test procedures and is not expected 

to require retesting of units on the 

market or to impact test burden. 

DOE is adding specifications that the 

specific gravity of natural gas be 

between 0.57 and 0.70 and of propane 

gas be between 1.522 and 1.574. These 

ranges include the previously required 

values and align with the industry’s 

required ranges as stated in Annex G of 

ANSI Z21.86–2016. As such, these 

changes will not require retesting of 

units on the market and are not 

expected to impact test burden. 

DOE is also allowing the testing 

agency to determine whether to use nine 

or five thermocouples when testing 

models with small (2-inch or less 

diameter) flues. In models where nine 

thermocouples restrict the flow to the 

point of causing the unit to operate 

outside of the allowable test and/or 

operational conditions (such as the 

maximum outlet air temperature), a test 

meeting all the required test conditions 

cannot be completed. Therefore, for 

impacted models, this change will allow 

testing to the required test conditions to 

be conducted, which are designed to 

produce results representative of a 

typical average use cycle. DOE has 

determined that performing a test with 

five thermocouples instead of nine will 

impose no additional testing costs. 

DOE is clarifying the calculation for 

the allowable variance of the condensate 

mass measured during the cyclic 

condensate test when determining 

whether to conduct three cycles or six. 

The amended wording does not change 

the intent of the test or the test 

requirements, nor will it have an impact 

on test cost. 

Finally, DOE is clarifying when 

thermocouple radiation shielding is 

necessary to install and, when shielding 

is necessary, providing additional 

specification to ensure that appropriate 

shielding materials are used. Radiation 

shielding requirements were already 

included in the previous test procedure, 

and the amendments do not change the 

intent of the test or the test 

requirements, nor will they have an 

impact on test cost. 

In summary, DOE has determined that 

manufacturers will be able to rely on 

data generated under the previous test 

procedure and that retesting will not be 

necessary as a result of the amendments 

adopted by this final rule. 

2. Harmonization With Industry

Consensus Standards

Appendices G and O incorporate by 

reference certain provisions of 

numerous industry standards. Both 

appendices incorporate by reference IEC 

62301 (Edition 2.0, 2011–01), which 

provides methods for measuring 

electrical standby mode and off mode 

power consumption. Appendix O also 

incorporates by reference ANSI/ 

ASHRAE 103, which is a test method for 

determining the annual fuel utilization 

efficiency of residential central furnaces 

and boilers; ANSI Z21.86, which is a 

standard for construction and safety 

performance of vented gas space heating 

appliance; ASTM D–2156, which is a 

standard for determining smoke density; 

and UL 729, UL 730, and UL 896, which 

are standards pertaining to the 

installation of oil-fired vented heaters. 

The only industry standard referenced 

in appendix G is IEC 62301. As 

discussed in section III.B of this 

document, this final rule incorporates 

by reference the most recent versions of 

the referenced industry standards. 

G. Effective and Compliance Dates

The effective date for the adopted test

procedure amendments is 30 days after 

publication of this final rule in the 

Federal Register. EPCA prescribes that 

all representations of energy efficiency 

and energy use, including those made 

on marketing materials and product 

labels, must be made in accordance with 

an amended test procedure, beginning 

180 days after publication of the final 

rule in the Federal Register. (42 U.S.C. 

6293(c)(2)) EPCA provides an allowance 

for individual manufacturers to petition 

DOE for an extension of the 180-day 

period if the manufacturer may 

experience undue hardship in meeting 

the deadline. (42 U.S.C. 6293(c)(3)) To 

receive such an extension, petitions 

must be filed with DOE no later than 60 

days before the end of the 180-day 

period and must detail how the 

manufacturer will experience undue 

hardship. (Id.) 

IV. Procedural Issues and Regulatory

Review

A. Review Under Executive Order 12866

The Office of Management and Budget

(‘‘OMB’’) has determined this test 

procedure rulemaking does not 

constitute a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866, Regulatory Planning and 

Review, 58 FR 51735 (Oct. 4, 1993). 

Accordingly, this action was not subject 

to review under the Executive order by 

the Office of Information and Regulatory 

Affairs (‘‘OIRA’’) in OMB. 

B. Review Under the Regulatory

Flexibility Act

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of a final regulatory flexibility analysis 

(‘‘FRFA’’) for any final rule where the 

agency was first required by law to 

publish a proposed rule 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. 

As required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(Aug. 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 website: www.energy.gov/gc/ 

office-general-counsel. 

The Small Business Administration 

(‘‘SBA’’) considers a business entity to 

be a small business, if, together with its 

affiliates, it employs less than a 

threshold number of workers specified 

in 13 CFR part 121. The size standards 

and codes are established by the 2017 

North American Industry Classification 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30787 

System (‘‘NAICS’’). DHE manufacturers 

are classified under NAICS code 

333414, ‘‘Heating Equipment (except 

Warm Air Furnaces) Manufacturing.’’ 

The SBA sets a threshold of 500 

employees or fewer for an entity to be 

considered as a small business. DOE 

used available public information to 

identify potential small manufacturers 

of the covered product. DOE accessed 

the Compliance System Management 

System’s Compliance Certification 

Database and AHRI’s certified product 

directory to create a list of companies 

that import or otherwise manufacture 

DHE covered by this proposal. Using 

these sources, DOE identified a total of 

four manufacturers of DHE. Of these 

manufacturers, two are potential small 

domestic businesses. In April 2021 

NOPR, DOE concluded that the impacts 

of the proposed test procedure 

amendments would not have a 

‘‘significant economic impact on a 

substantial number of small entities,’’ 

and that the preparation of an initial 

regulatory flexibility analysis (‘‘IRFA’’) 

was not warranted. DOE transmitted the 

certification of its determination and 

supporting statement of factual basis to 

the Chief Counsel for Advocacy of the 

Small Business Administration for 

review under 5 U.S.C 605(b). 

Between the publication of the April 

2021 NOPR and this final rule, one 

small business manufacturer purchased 

another small business manufacturer’s 

vented heater brand. It is unclear at this 

time whether the combined business 

remains below the SBA’s headcount 

threshold of 500 people to be 

considered a small business. Due to the 

nature of this final rule, which generally 

updates the incorporations by reference 

to the latest version of applicable 

industry consensus standards (which 

saw no substantive changes to the 

relevant provisions) and makes a 

number of clarifications and minor 

modifications designed to reduce 

burden, the Department has determined 

that this final rule will not impose a 

significant burden on small 

manufacturers who produce this 

specific type of product. 

More specifically, in this document, 

DOE added the following changes to the 

test procedure for unvented and vented 

heaters, as well as several associated 

changes to definitions at 10 CFR 430.2. 

First, to ensure consistent use and 

application of the test procedure, DOE: 

Updates the definitions of ‘‘floor electric 

heater,’’ ‘‘primary heater,’’ ‘‘unvented 

gas heater,’’ ‘‘unvented home heating 

equipment,’’ ‘‘unvented oil heater,’’ 

‘‘vented home heating equipment,’’ and 

‘‘vented room heater’’; updates the 

terms ‘‘primary heater’’ and 

‘‘supplementary heater’’ to ‘‘primary 

electric heater’’ and ‘‘supplementary 

electric heater,’’ respectively; maintains 

the existing oil pressure measurement 

error value in the test procedure; 

explicitly states the regulator outlet 

pressure and specific gravity tolerances 

for the gas supply; and clarifies the 

wording of the cyclic condensate 

collection test in the calculation of the 

allowable variance in condensate mass 

measurements. Second, to align with the 

most recent industry consensus 

standards, DOE: Updates the references 

to the industry consensus standards to 

the most recent versions; clarifies the 

required input rate for the cyclic 

condensate collection tests; and 

explicitly states the methods to 

appropriately shield thermocouples 

from radiation. Third, to ensure the 

representativeness of the test procedure, 

DOE: Explicitly states the operational 

mode for testing vented heaters with 

multiple automatic operation modes; 

allows for use of manufacturer-specified 

gas inlet pressure range when the 

required input rating cannot be reached; 

and provides an option to use five, 

rather than nine, thermocouples for the 

thermocouple grid in models with small 

(2-inch diameter or less) flues. 

All changes are either clarifications to 

ensure consistent use and application 

(which does not affect the results of the 

test procedure or how the test procedure 

is run) or amendments that ensure the 

representativeness of the test procedure 

as compared to products installed in the 

field. These amendments are consistent 

with the most recent industry consensus 

standards. 

As stated, DOE has reviewed this final 

rule to amend the test procedures for 

DHE under the provisions of the 

Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003, and the Department 

has determined that this rulemaking 

will not have any cost impact. 

Therefore, DOE concludes that the 

impacts of the test procedure 

amendments in this final rule will not 

have a ‘‘significant economic impact on 

a substantial number of small entities,’’ 

and that the preparation of an FRFA is 

not warranted. DOE has submitted a 

certification and supporting statement 

of factual basis to the Chief Counsel for 

Advocacy of the Small Business 

Administration for review under 5 

U.S.C. 605(b). 

C. Review Under the Paperwork

Reduction Act of 1995

Manufacturers of DHE must certify to 

DOE that their products comply with 

any applicable energy conservation 

standards. To certify compliance, 

manufacturers must first obtain test data 

for their products according to the DOE 

test procedures, including any 

amendments adopted for those test 

procedures. DOE has established 

regulations for the certification and 

recordkeeping requirements for all 

covered consumer products and 

commercial equipment, including DHE. 

(See generally 10 CFR part 429.) The 

collection-of-information requirement 

for the certification and recordkeeping 

is subject to review and approval by 

OMB under the Paperwork Reduction 

Act (‘‘PRA’’). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 35 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National

Environmental Policy Act of 1969

In this document, DOE finalizes test 

procedures to measure the rated output 

and implement energy conservation 

standards for DHE. DOE has determined 

that this rule falls into a class of actions 

that are categorically excluded from 

review under the National 

Environmental Policy Act of 1969 (42 

U.S.C 4321 et seq.) and DOE’s 

implementing regulations at 10 CFR part 

1021. Specifically, DOE has determined 

that adopting test procedures for 

measuring energy efficiency of 

consumer products and industrial 

equipment is consistent with activities 

identified in 10 CFR part 1021, 

appendix A to subpart D, A5 and A6. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 13132

Executive Order 13132, ‘‘Federalism,’’

64 FR 43255 (Aug. 4, 1999), imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. The 

Executive order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 


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30788 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

Executive order also requires agencies to 

have an accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process it will follow in the 

development of such regulations. 65 FR 

13735. DOE examined this final rule 

and determined that it will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the products that are the subject of this 

final rule. States can petition DOE for 

exemption from such preemption to the 

extent, and based on criteria, set forth in 

EPCA. (42 U.S.C. 6297(d)) No further 

action is required by Executive Order 

13132. 

F. Review Under Executive Order 12988

Regarding the review of existing

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation (1) clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this final rule 

meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded

Mandates Reform Act of 1995

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

201 (codified at 2 U.S.C. 1531). For a 

regulatory action resulting in a rule that 

may cause the expenditure by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

economy. (2 U.S.C. 1532(a), (b)) The 

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirements that might 

significantly or uniquely affect small 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820; also available at 

www.energy.gov/gc/;office-generalcounsel. DOE examined this final rule 

according to UMRA and its statement of 

policy and determined that the rule 

contains neither an intergovernmental 

mandate, nor a mandate that may result 

in the expenditure of $100 million or 

more in any year, so these requirements 

do not apply. 

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. This 

final rule will 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

DOE has determined, under Executive

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this regulation 

will not result in any takings that might 

require compensation under the Fifth 

Amendment to the U.S. Constitution. 

J. Review Under Treasury and General

Government Appropriations Act, 2001

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516 note) provides 

for agencies to review most 

disseminations of information to the 

public under 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). Pursuant to OMB 

Memorandum M–19–15, Improving 

Implementation of the Information 

Quality Act (April 24, 2019), DOE 

published updated guidelines which are 

available at: www.energy.gov/sites/prod/ 

files/2019/12/f70/DOE%20Final

%20Updated%20IQA%20Guidelines

%20Dec%202019.pdf. DOE has 

reviewed this final rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

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 

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 significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

This regulatory action is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

a significant energy action by the 

Administrator of OIRA. Therefore, it is 

not a significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 


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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), DOE must comply 

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

Authorization Act of 1977. (15 U.S.C. 

788; ‘‘FEAA’’) Section 32 essentially 

provides in relevant part that, where a 

proposed rule authorizes or requires use 

of commercial standards, the notice of 

proposed rulemaking must inform the 

public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (‘‘FTC’’) 

concerning the impact of the 

commercial or industry standards on 

competition. 

The modifications to the test 

procedure for DHE adopted in this final 

rule incorporates testing methods 

contained in certain sections of the 

following commercial standards: ASNI/ 

ASHRAE 103–2017, ANSI Z21.86–2016, 

ASTM D2156–09 (R2018), IEC 62301 

(Edition 2.0, 2011–01), UL 729–2016, 

UL 730–2016, and UL 897–2016. DOE 

has evaluated these standards and is 

unable to conclude whether it fully 

complies with the requirements of 

section 32(b) of the FEAA (i.e., whether 

it was developed in a manner that fully 

provides for public participation, 

comment, and review.) DOE has 

consulted with both the Attorney 

General and the Chairman of the FTC 

about the impact on competition of 

using the methods contained in these 

standards and has received no 

comments objecting to their use. 

M. Congressional Notification 

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

report to Congress on the promulgation 

of this rule before its effective date. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

N. Description of Materials Incorporated 

by Reference 

In this final rule, DOE incorporates by 

reference the following test standards: 

(1) The test standard published by 

ASHRAE, titled ‘‘Method of Testing for 

Annual Fuel Utilization Efficiency of 

Residential Central Furnaces and 

Boilers,’’ ANSI/ASHRAE 103–2017. 

ANSI/ASHRAE 103–2017 is an 

industry-accepted test procedure for 

determining the annual fuel utilization 

efficiency of consumer furnaces and 

boilers. Specifically, the test procedure 

amendments adopted by this final rule 

reference sections of that industry 

consensus standard regarding test set-up 

for oil-fueled DHE (including 

instrumentation and measurement 

descriptions for oil burner adjustments), 

and instructions on calculating jacket 

losses in vented floor heaters and 

calculations for draft factors. Copies of 

ANSI/ASHRAE 103–2017 can be 

obtained from ASHRAE, 180 

Technology Parkway NW, Peachtree 

Corners, GA 30092, (800) 527–4723 or 

(404) 636–8400, or online at: 

www.ashrae.org. 

(2) The test standard approved by 

ANSI, titled ‘‘Vented Gas-fired Space 

Heating Appliances,’’ ANSI Z21.86– 

2016. ANSI Z21.86 is an industryaccepted test procedure for vented gasfired space heating appliances. 

Specifically, the test procedure 

amendments adopted by this final rule 

reference sections of that industry 

consensus standard regarding the set-up 

specifications for vented wall DHE, 

instructions for gas usage other than 

natural gas or propane, instructions for 

measuring discharge temperatures of 

forced air, vented, wall DHE, and 

descriptions of thermocouple 

installation in gas-fueled, vented DHEs. 

Copies of ANSI Z21.86–2016 can be 

obtained from ANSI, 25 W 43rd Street, 

4th Floor, New York, NY 10036, (212) 

642–4900, or online at: www.ansi.org. 

(3) The test standard published by 

ASTM, titled ‘‘Standard Test Method for 

Smoke Density in Flue Gases from 

Burning Distillate Fuels,’’ ASTM 

D2156–09 (R2018). ASTM D2156 is an 

industry-accepted test procedure for 

measuring smoke density in flue gases 

from burning distillate fuels. 

Specifically, the test procedure 

amendments adopted by this final rule 

reference sections of that industry 

consensus standard regarding providing 

smoke density levels which are 

measured during for the steady-state 

test. Copies of ASTM D2156–09 (R2018) 

can be obtained from ASTM, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959 or 

online at: www.astm.org. 

(4) The test standard published by 

IEC, titled ‘‘Household electrical 

appliances—Measurement of standby 

power,’’ IEC 62301 (Edition 2.0, 2011– 

01). IEC 62301 is an industry-accepted 

test procedure for the measurement of 

standby power modes in household 

electrical appliances. Specifically, the 

test procedure amendments adopted by 

this final rule reference sections of that 

industry consensus standard regarding 

measurement of electrical standby mode 

and off mode power consumption. 

Copies of IEC 62301 (Second Edition) 

can be obtained from the American 

National Standards Institute, 25 W 43rd 

Street, 4th Floor, New York, NY 10036, 

(212) 642–4900, or online at: 

www.webstore.ansi.org. 

(5)–(7) The test standards published 

by UL: ‘‘Standard for Safety for Oil-fired 

Floor Furnaces,’’ ‘‘Standard for Safety 

for Oil-fired Wall Furnaces,’’ and 

‘‘Standard for Safety for Oil-burning 

Stoves,’’ UL 729–2016, UL 730–2016, 

and UL 896–2016, respectively. UL 729, 

UL 730, UL 896 are industry-accepted 

test procedures for oil-fired floor 

furnaces, oil-fired wall furnaces, and 

oil-burning stoves respectively. 

Specifically, the test procedure 

amendments adopted by this final rule 

reference sections of those industry 

consensus standards regarding vented 

floor and wall DHE test installation and 

instructions for flue and thermocouple 

installation for oil fueled, vented floor 

DHEs. Copies of UL 729–2016, UL 730– 

2016, and UL 896–2016 can be obtained 

from UL at 2600 NW Lake Rd., Camas, 

WA 98607–8542 or online at: 

www.ul.com. 

The Director of the Federal Register 

previously approved IEC 62301 (Edition 

2.0, 2011–01) for incorporation by 

reference in the locations in which it 

appears in this rule’s regulatory text for 

10 CFR part 430. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on May 10, 2022, by 

Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 


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30790 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on May 10, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE amends part 430 of 

Chapter II of Title 10, Code of Federal 

Regulations as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.2 is amended by: 

■ a. Revising the definitions for 

‘‘Electric heater’’, ‘‘Floor electric 

heater’’, ‘‘Primary heater’’, 

‘‘Supplementary heater’’, and 

‘‘Unvented gas heater’’; 

■ b. Removing the definition of 

‘‘Unvented home heating equipment’’ 

and adding, in alphabetical order, the 

definition of ‘‘Unvented home heating 

equipment or unvented heater’’; and 

■ c. Revising the definitions of 

‘‘Unvented oil heater’’, ‘‘Vented home 

heating equipment or vented heater’’, 

and ‘‘Vented room heater’’. 

The revisions and addition read as 

follows: 

§ 430.2 Definitions. 

* * * * * 

Electric heater means an electric 

appliance which is a class of unvented 

home heating equipment in which heat 

is generated from electrical energy and 

dissipated by convection and radiation 

and includes baseboard electric heaters, 

ceiling electric heaters, floor electric 

heaters, portable electric heaters, and 

wall electric heaters. 

* * * * * 

Floor electric heater means an electric 

heater which is intended to be recessed 

in a floor, and which transfers heat by 

radiation and/or convection (either 

natural or forced). 

* * * * * 

Primary electric heater means an 

electric heater that is the principal 

source of heat for a structure and 

includes baseboard electric heaters, 

ceiling electric heaters, floor electric 

heaters, and wall electric heaters. 

* * * * * 

Supplementary electric heater means 

an electric heater that provides heat to 

a space in addition to that which is 

supplied by a primary electric heater 

and includes portable electric heaters. 

* * * * * 

Unvented gas heater means a class of 

unvented home heating equipment 

which is a self-contained, free-standing, 

nonrecessed gas-burning appliance that 

furnishes heated air by gravity or fan 

circulation. 

Unvented home heating equipment or 

unvented heater means a class of home 

heating equipment, not including 

furnaces, designed to furnish heated air 

to a space proximate to such heater, 

directly from the heater, without inlet 

duct connections and without exhaust 

venting, and includes: Electric heater, 

unvented gas heater, and unvented oil 

heater. 

Unvented oil heater means a class of 

unvented home heating equipment 

which is a self-contained, free-standing, 

nonrecessed oil-burning appliance that 

furnishes heated air by gravity or fan 

circulation. 

* * * * * 

Vented home heating equipment or 

vented heater means a class of home 

heating equipment, not including 

furnaces, designed to furnish heated air 

to a space proximate to such heater, 

directly from the heater, without inlet 

duct connections (except that boots not 

to exceed 10 inches beyond the casing 

may be permitted), and with exhaust 

venting, and includes: Vented wall 

furnace, vented floor furnace, and 

vented room heater. 

Vented room heater means a selfcontained, free standing, nonrecessed, 

vented heater for furnishing heated air 

to the space in which it is installed. The 

vented room heater supplies heated air 

circulated by gravity or by a fan directly 

into the space to be heated through 

openings in the casing. 

* * * * * 

■ 3. Section 430.3 is amended by: 

■ a. Removing and reserving paragraph 

(e)(25); 

■ b. Revising paragraphs (g) 

introductory text and (g)(16); 

■ c. Redesignating paragraphs (g)(17) 

and (18) as (g)(18) and (19), respectively; 

■ d. Adding new paragraph (g)(17); 

■ e. Revising paragraph (j)(1) and 

adding paragraph (j)(3); 

■ f. Redesignating paragraphs (k) 

through (v) as paragraphs (l) through (w) 

and adding new paragraph (k); and 

■ g. Revising newly redesignated 

paragraphs (w)(1) through (3). 

The revisions and additions read as 

follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(g) ASHRAE. American Society of 

Heating, Refrigerating, and AirConditioning Engineers, Inc., 180 

Technology Parkway NW, Peachtree 

Corners, GA 30092; (800) 527–4723 or 

(404) 636–8400; www.ashrae.org. 

* * * * * 

(16) ANSI/ASHRAE Standard 103– 

2007 (‘‘ASHRAE 103–2007’’), Method of 

Testing for Annual Fuel Utilization 

Efficiency of Residential Central 

Furnaces and Boilers, ANSI-approved 

March 25, 2008; IBR approved for 

appendix AA to subpart B. 

(17) ANSI/ASHRAE Standard 103– 

2017 (‘‘ASHRAE 103–2017’’), Method of 

Testing for Annual Fuel Utilization 

Efficiency of Residential Central 

Furnaces and Boilers, ANSI-approved 

July 3, 2017; IBR approved for appendix 

O to subpart B. 

* * * * * 

(j) * * * 

(1) ASTM D2156–09 (‘‘ASTM 

D2156’’), Standard Test Method for 

Smoke Density in Flue Gases from 

Burning Distillate Fuels, ASTMapproved December 1, 2009; IBR 

approved for appendix E to subpart B. 

* * * * * 

(3) ASTM D2156–09 (Reapproved 

2018) (‘‘ASTM D2156–09 (R2018)’’), 

Standard Test Method for Smoke 

Density in Flue Gases from Burning 

Distillate Fuels, approved October 1, 

2018; IBR approved for appendix O to 

subpart B. 

(k) Canadian Standards Association 

(CSA). CSA Group, 178 Rexdale Blvd., 

Toronto, ON, Canada M9W 1R3, 1–800– 

463–6727 or 416–747–4044, 

www.csagroup.org. 

(1) ANSI Z21.86–2016 • CSA 2.32– 

2016 (‘‘ANSI Z21.86–2016’’), Vented 

gas-fired space heating appliances, 

ANSI-approved December 21, 2016; IBR 

approved for appendix O to subpart B. 

(2) [Reserved] 

* * * * * 

(w) * * * 

(1) UL 729 (‘‘UL 729–2016’’), 

Standard for Safety for Oil-Fired Floor 

Furnaces, Sixth Edition, dated August 

29, 2003, including revisions through 

November 22, 2016; IBR approved for 

appendix O to subpart B. 

(2) UL 730 (‘‘UL 730–2016’’), 

Standard for Safety for Oil-Fired Wall 

Furnaces, Fifth Edition, dated August 

29, 2003, including revisions through 

November 22, 2016; IBR approved for 

appendix O to subpart B. 

(3) UL 896 (‘‘UL 896–2016’’), 

Standard for Safety for Oil-Burning 

Stoves, Fifth Edition, dated July 29, 

1993; including revisions through 

November 22, 2016, IBR approved for 

appendix O to subpart B. 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30791 

■ 4. Appendix O to subpart B of part 

430 is amended by: 

■ a. Revising the introductory note; 

■ b. Adding section 0; and 

■ c. Revising sections 2, 3.1.2, 3.2, 

3.6.2.4.2, and 3.8.2. 

The additions and revisions read as 

follows: 

Appendix O to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Vented Home 

Heating Equipment 

Note: Prior to November 16, 2022, 

representations with respect to the energy 

use or efficiency of vented home heating 

equipment, including compliance 

certifications, must be based on testing 

conducted in accordance with either this 

appendix as it now appears or appendix O 

as it appeared at 10 CFR part 430, subpart B 

revised as of January 1, 2021. 

On and after November 16, 2022, 

representations with respect to energy use or 

efficiency of vented home heating 

equipment, including compliance 

certifications, must be based on testing 

conducted in accordance with this appendix. 

0.0 Incorporation by Reference. DOE 

incorporated by reference in § 430.3: ANSI 

Z21.86–2016; ASHRAE 103–2017; ASTM 

D2156–09 (R2018); IEC 62301; UL 729–2016; 

UL 730–2016; and UL 896–2016 in their 

entirety. However, only enumerated 

provisions of ANSI Z21.86–2016; ASHRAE 

103–2017, UL 729–2016, UL 730–2016, and 

UL 896–2016 are applicable to this appendix, 

as follows: 

0.1 ANSI Z21.86–2016 

(i) Section 5.2—Test gases 

(ii) Section 9.1.3 

(iii) Section 11.1.3 

(iv) Section 11.7—Temperature at 

discharge air opening and surface 

temperatures 

0.2 ASHRAE 103–2017 

(i) Section 6—INSTRUMENTS 

(ii) Section 8.2.2.3.1—Oil Supply 

(iii) Section 8.6—Jacket Loss Measurement 

(iv) Section 8.8.3—Additional Optional 

Method of Testing for Determining DP 

and DF for Furnaces and Boilers 

(v) Section 9.10—Optional Test Procedures 

for Condensing Furnaces and Boilers that 

Have no OFF-Period Flue Losses 

0.3 UL 729–2016 

(i) Section 38.1—Enclosure 

(ii) Section 38.2—Chimney connector 

0.4 UL 730–2016 

(i) Section 36.1—Enclosure 

(ii) Section 36.2—Chimney connector 

(iii) Sections 37.5.8 through 37.5.180.5 UL 

896–2016 

(i) Section 37.1.2 

(ii) Section 37.1.3 

* * * * * 

2.0 Testing conditions. 

2.1 Installation of test unit. 

2.1.1 Vented wall furnaces (including 

direct vent systems). Install non-direct vent 

gas fueled vented wall furnaces as specified 

in Section 11.1.3 of ANSI Z21.86–2016. 

Install direct vent gas fueled vented wall 

furnaces as specified in Section 9.1.3 of ANSI 

Z21.86–2016. Install oil-fueled vented wall 

furnaces as specified in Section 36.1 of UL 

730–2016. 

2.1.2 Vented floor furnaces. Install vented 

floor furnaces for test as specified in Section 

38.1 of UL 729–2016. 

2.1.3 Vented room heaters. Install vented 

room heaters for test in accordance with the 

manufacturer’s installation and operations 

(I&O) manual provided with the unit. 

2.2 Flue and stack requirements. 

2.2.1 Gas fueled vented home heating 

equipment employing integral draft diverters 

and draft hoods (excluding direct vent 

systems). Attach to, and vertically above the 

outlet of gas-fueled vented home heating 

equipment employing draft diverters or draft 

hoods with vertically discharging outlets, a 

five (5) foot long test stack having a crosssectional area the same size as the draft 

diverter outlet. 

Attach to the outlet of vented heaters 

having a horizontally discharging draft 

diverter or draft hood outlet a 90-degree 

elbow, and a five (5) foot long vertical test 

stack. A horizontal section of pipe may be 

used on the floor furnace between the 

diverter and the elbow, if necessary, to clear 

any framing used in the installation. Use the 

minimum length of pipe possible for this 

section. Use stack, elbow, and horizontal 

section with same cross-sectional area as the 

diverter outlet. 

2.2 Oil-fueled vented home heating 

equipment (excluding direct vent systems). 

Use flue connections for oil-fueled vented 

floor furnaces as specified in Section 38.2 of 

UL 729–2016, Section 36.2 of UL 730–2016 

for oil-fueled vented wall furnaces, and 

Sections 37.1.2 and 37.1.3 of UL 896–2016 

for oil-fueled vented room heaters. 

2.2.3 Direct vent systems. Have the 

exhaust/air intake system supplied by the 

manufacturer in place during all tests. Test 

units intended for installation with a variety 

of vent pipe lengths with the minimum 

length recommended by the manufacturer in 

the I&O manual. Do not connect a heater 

employing a direct vent system to a chimney 

or induced draft source. Vent the gas solely 

on the provision for venting incorporated in 

the heater and the vent/air intake system 

supplied with it. 

2.2.4 Condensing vented heater, 

additional flue requirements. The flue pipe 

installation must not allow condensate 

formed in the flue pipe to flow back into the 

unit. An initial downward slope from the 

unit’s exit, an offset with a drip leg, annular 

collection rings, or drain holes must be 

included in the flue pipe installation without 

disturbing normal flue gas flow. Flue gases 

should not flow out of the drain with the 

condensate. For condensing vented heaters 

that do not include means for collection of 

condensate, a means to collect condensate 

must be supplied by the test lab for the 

purposes of testing. 

2.3 Fuel supply. 

2.3.1 Natural gas. For a gas-fueled vented 

heater, maintain the gas supply to the unit 

under test at an inlet test pressure 

immediately ahead of all controls at 7 to 10 

inches water column. If the heater is 

equipped with a gas pressure regulator, 

maintain the regulator outlet pressure within 

the greater of ±0.2 inches water column, or 

±10 percent, of the manufacturer-specified 

manifold pressure on the nameplate of the 

unit or in the I&O manual. Use natural gas 

having a specific gravity between 0.57 and 

0.70 and a higher heating value within ±5 

percent of 1,025 Btu per standard cubic foot. 

Determine the actual higher heating value in 

Btu per standard cubic foot for the natural 

gas to be used in the test with an error no 

greater than one percent. If the burner cannot 

be adjusted to obtain a heat input rate of 

within ±2 percent of the hourly Btu rating 

specified by the manufacturer on the 

nameplate of the unit or in the I&O manual, 

as required by section 2.4.1 of this appendix, 

maintain the gas supply to the unit under test 

at an inlet test pressure immediately ahead 

of all controls at any value within the range 

specified on the nameplate of the unit or in 

the I&O manual that results in a heat input 

rate of within ±2 percent of the hourly Btu 

rating specified by the manufacturer on the 

nameplate of the unit or in the I&O manual. 

2.3.2 Propane gas. For a propane-gasfueled vented heater, maintain the gas supply 

to the unit under test at an inlet pressure of 

11 to 13 inches water column. If the heater 

is equipped with a gas pressure regulator, 

maintain the regulator outlet pressure within 

the greater of ±0.2 inches water column, or 

±10 percent, of the manufacturer’s specified 

manifold pressure on the nameplate of the 

unit or in the I&O manual. Use propane 

having a specific gravity between 1.522 and 

1.574 and a higher heating value within ±5 

percent of 2,500 Btu per standard cubic foot. 

Determine the actual higher heating value in 

Btu per standard cubic foot for the propane 

to be used in the test. If the burner cannot 

be adjusted to obtain a heat input rate of 

within ±2 percent of the hourly Btu rating 

specified by the manufacturer on the 

nameplate of the unit or in the I&O manual, 

as required by section 2.4.1 of this appendix, 

maintain the gas supply to the unit under test 

at an inlet test pressure immediately ahead 

of all controls at any value within the range 

specified on the nameplate of the unit or in 

the I&O manual that results in a heat input 

rate of within ±2 percent of the hourly Btu 

rating specified by the manufacturer on the 

nameplate of the unit or in the I&O manual. 

2.3.3 Other test gas. For vented heaters 

fueled by other test gases, use test gases with 

characteristics as described in Table 3 of 

Section 5.2 of ANSI Z21.86–2016. Use gases 

with a measured higher heating value within 

±5 percent of the values specified in Table 3 

of Section 5.2 of ANSI Z21.86–2016. 

Determine the actual higher heating value of 

the gas used in the test with an error no 

greater than one percent. 

2.3.4 Oil supply. For an oil-fueled vented 

heater, use No. 1 fuel oil (kerosene) for 

vaporizing-type burners and either No. 1 or 

No. 2 fuel oil, as specified by the 

manufacturer in the I&O manual provided 

with the unit, for mechanical atomizing type 

burners. Use test fuel conforming to the 

specifications given in Tables 2 and 3 of 

Section 8.2.2.3.1 of ASHRAE 103–2017. 

Measure the higher heating value of the test 

fuel within ±1 percent. 

2.3.5 Electrical supply. For auxiliary 

electric components of a vented heater, 


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maintain the electrical supply to the test unit 

within ±1 percent of the nameplate voltage 

for the entire test cycle. If a voltage range is 

used for nameplate voltage, maintain the 

electrical supply within ±1 percent of the 

mid-point of the nameplate voltage range. 

2.4 Burner adjustments. 

2.4.1 Gas burner adjustments. Adjust the 

burners of gas-fueled vented heaters to their 

maximum Btu ratings at the test pressure 

specified in section 2.3 of this appendix. 

Correct the burner volumetric flow rate to 

60 °F (15.6 °C) and 30 inches of mercury 

barometric pressure, set the fuel flow rate to 

obtain a heat rate of within ±2 percent of the 

hourly Btu rating specified by the 

manufacturer on the nameplate of the unit or 

in the I&O manual, as measured after 15 

minutes of operation, starting with all parts 

of the vented heater at room temperature. Set 

the primary air shutters in accordance with 

the manufacturer’s recommendations on the 

nameplate of the unit or in the I&O manual 

to give a good flame at this adjustment. Do 

not allow the deposit of carbon during any 

test specified herein. If a vent limiting means 

is provided on a gas pressure regulator, have 

it in place during all tests. 

For gas-fueled heaters with modulating 

controls, adjust the controls to operate the 

heater at the maximum fuel input rate. Set 

the thermostat control to the maximum 

setting. Start the heater by turning the safety 

control valve to the ‘‘on’’ position. In order 

to prevent modulation of the burner at 

maximum input, place the thermostat 

sensing element in a temperature control 

bath which is held at a temperature below 

the maximum set point temperature of the 

control. 

For gas-fueled heaters with modulating 

controls, adjust the controls to operate the 

heater at the reduced fuel input rate. Set the 

thermostat control to the minimum setting. 

Start the heater by turning the safety control 

valve to the ‘‘on’’ position. If ambient test 

room temperature is above the lowest control 

set point temperature, initiate burner 

operation by placing the thermostat sensing 

element in a temperature control bath that is 

held at a temperature below the minimum set 

point temperature of the control. 

2.4.2 Oil burner adjustments. Adjust the 

burners of oil-fueled vented heaters to give 

the CO2 reading recommended by the 

manufacturer and an hourly Btu input, 

during the steady-state performance test 

described below, which is within ±2 percent 

of the heater manufacturer’s specified hourly 

Btu input rating on the nameplate of the unit 

or in the I&O manual. On units employing a 

power burner, do not allow smoke in the flue 

to exceed a No. 1 smoke during the steadystate performance test as measured by the 

procedure in ASTM D2156–09 (R2018). If, on 

units employing a power burner, the smoke 

in the flue exceeds a No. 1 smoke during the 

steady-state test, readjust the burner to give 

a lower smoke reading, and, if necessary, a 

lower CO2 reading, and start all tests over. 

Maintain the average draft over the fire and 

in the flue during the steady-state 

performance test at that recommended by the 

manufacturer within ±0.005 inches of water 

gauge. Do not make additional adjustments to 

the burner during the required series of 

performance tests. The instruments and 

measuring apparatus for this test are 

described in Section 6 and shown in Figure 

8 of ASHRAE 103–2017. Calibrate 

instruments for measuring oil pressure so 

that the error is no greater than ±0.5 psi. 

2.5 Circulating air adjustments. 

2.5.1 Forced-air vented wall furnaces 

(including direct vent systems). During 

testing, maintain the air flow through the 

heater as specified by the manufacturer in the 

I&O manual provided with the unit and 

operate the vented heater with the outlet air 

temperature between 80 °F and 130 °F above 

room temperature. If adjustable air discharge 

registers are provided, adjust them so as to 

provide the maximum possible air 

restriction. Measure air discharge 

temperature as specified in Section 11.7.2 of 

ANSI Z21.86–2016. 

2.5.2 Fan-type vented room heaters and 

floor furnaces. During tests on fan-type 

furnaces and heaters, adjust the air flow 

through the heater as specified by the 

manufacturer. If adjustable air discharge 

registers are provided, adjust them to provide 

the maximum possible air restriction. 

2.6 Location of temperature measuring 

instrumentation. 

2.6.1 Gas-fueled vented home heating 

equipment (including direct vent systems). 

Install thermocouples for measuring the 

heated air temperature as described in 

Section 11.7.5 of ANSI Z21.86–2016. 

Establish the temperature of the inlet air by 

means of a single No. 24 AWG bead-type 

thermocouple located in the center of the 

plane of each inlet air opening. Use beadtype thermocouples having wire size not 

greater than No. 24 American Wire Gauge 

(AWG). If a thermocouple has a direct line of 

sight with the fire, install a radiation shield, 

meeting the material and minimum thickness 

requirements from Section 8.14.1 of ANSI 

Z21.86–2016, on the fire side of the 

thermocouple only, and position the shield 

so that it does not touch the thermocouple 

junction. 

2.6.1.1 Integral draft diverter. For units 

employing an integral draft diverter, install 

nine thermocouples, wired in parallel, in a 

horizontal plane in the five-foot test stack 

located one foot from the test stack inlet. 

Equalize the length of all thermocouple leads 

before paralleling. Locate one thermocouple 

in the center of the stack. Locate eight 

thermocouples along imaginary lines 

intersecting at right angles in this horizontal 

plane at points one third and two thirds of 

the distance between the center of the stack 

and the stack wall. 

For units with a stack diameter 2 inches or 

less, five thermocouples may be installed 

instead of nine. Locate one thermocouple in 

the center of the stack. Locate four 

thermocouples along imaginary lines 

intersecting at right angles in this horizontal 

plane at points halfway between the center 

of the stack and the stack wall. 

2.6.1.2 Direct vent system. For units 

which employ a direct vent system, locate at 

least one thermocouple at the center of each 

flue way exiting the heat exchanger. Provide 

radiation shields if the thermocouples are 

exposed to burner radiation. 

2.6.1.3 Draft hood or direct vent system 

which does not intentionally preheat 

incoming air. For units which employ a draft 

hood or units which employ a direct vent 

system which does not intentionally preheat 

the incoming combustion air, such as a nonconcentric direct vent system, install nine 

thermocouples, wired in parallel, in a 

horizontal plane located within 12 inches 

(304.8 mm) of the heater outlet and upstream 

of the draft hood on units so equipped. 

Locate one thermocouple in the center of the 

pipe and eight thermocouples along 

imaginary lines intersecting at right angles in 

this horizontal plane at points one third and 

two thirds of the distance between the center 

of the pipe and the pipe wall. 

For units with a flue pipe diameter of 2 

inches or less, five thermocouples may be 

installed instead of nine. Locate one 

thermocouple in the center of the pipe and 

four thermocouples along imaginary lines 

intersecting at right angles in this horizontal 

plane at points halfway between the center 

of the pipe and the pipe wall. 

2.6.1.4 Direct vent system which 

intentionally preheat incoming air. For units 

which employ direct vent systems that 

intentionally preheat the incoming 

combustion air, such as a concentric direct 

vent system, install nine thermocouples, 

wired in parallel, in a plane parallel to and 

located within 6 inches (152.4 mm) of the 

vent/air intake terminal. Equalize the length 

of all thermocouple leads before paralleling. 

Locate one thermocouple in the center of the 

flue pipe and eight thermocouples along 

imaginary lines intersecting at right angles in 

this plane at points one third and two thirds 

of the distance between the center of the flue 

pipe and the pipe wall. 

For units with a flue pipe diameter of 2 

inches or less, five thermocouples may be 

installed instead of nine. Locate one 

thermocouple in the center of the flue pipe 

and four thermocouples along imaginary 

lines intersecting at right angles in this plane 

at points halfway between the center of the 

flue pipe and the pipe wall. 

2.6.2 Oil-fueled vented home heating 

equipment (including direct vent systems). 

Install thermocouples for measuring the 

heated air temperature as described in 

Sections 37.5.8 through 37.5.18 of UL 730– 

2016. Establish the temperature of the inlet 

air by means of a single No. 24 AWG beadtype thermocouple located in the center of 

the plane of each inlet air opening. Use beadtype thermocouples having a wire size not 

greater than No. 24 AWG. If there is a 

thermocouple that has a direct line of sight 

with the fire, install a radiation shield, 

meeting the material and minimum thickness 

requirements from Section 8.14.1 of ANSI 

Z21.86–2016, on the fire side of the 

thermocouple only, and position the shield 

so that it does not touch the thermocouple 

junction. 

Install nine thermocouples, wired in 

parallel and having equal length leads, in a 

plane perpendicular to the axis of the flue 

pipe. Locate this plane at the position shown 

in Figure 36.4 of UL 730–2016, or Figure 38.1 

and 38.2 of UL 729–2016 for a single 

thermocouple, except that on direct vent 

systems which intentionally preheat the 

incoming combustion air, locate this plane 

within 6 inches (152.5 mm) of the outlet of 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30793 

the vent/air intake terminal. Locate one 

thermocouple in the center of the flue pipe 

and eight thermocouples along imaginary 

lines intersecting at right angles in this plane 

at points one third and two thirds of the 

distance between the center of the pipe and 

pipe wall. 

For units with a flue pipe diameter of 2 

inches or less, five thermocouples may be 

installed instead of nine. Wire the 

thermocouples in parallel with equal length 

leads, in a plane perpendicular to the axis of 

the flue pipe. Locate this plane at the 

position shown in Figure 36.4 of UL 730– 

2016, or Figure 38.1 and 38.2 of UL 729–2016 

for a single thermocouple, except that on 

direct vent systems which intentionally 

preheat the incoming combustion air, locate 

this plane within 6 inches (152.5 mm) of the 

outlet of the vent/air intake terminal. Locate 

one thermocouple in the center of the flue 

pipe and four thermocouples along imaginary 

lines intersecting at right angles in this plane 

at points halfway between the center of the 

pipe and pipe wall. 

2.7 Combustion measurement 

instrumentation. Analyze the samples of 

stack and flue gases for vented heaters to 

determine the concentration by volume of 

carbon dioxide present in the dry gas with 

instrumentation which will result in a 

reading having an accuracy of ±0.1 

percentage point. 

2.8 Energy flow instrumentation. Install 

one or more instruments, which measure the 

rate of gas flow or fuel oil supplied to the 

vented heater, and if appropriate, the 

electrical energy with an error no greater than 

one percent. 

2.9 Room ambient temperature. The room 

ambient temperature shall be the arithmetic 

average temperature of the test area, 

determined by measurement with four No. 24 

AWG bead-type thermocouples with 

junctions shielded against radiation using 

shielding meeting the material and minimum 

thickness requirements from Section 8.14.1 

of ANSI Z21.86–2016, located approximately 

at 90-degree positions on a circle 

circumscribing the heater or heater enclosure 

under test, in a horizontal plane 

approximately at the vertical midpoint of the 

appliance or test enclosure, and with the 

junctions approximately 24 inches from sides 

of the heater or test enclosure and located so 

as not to be affected by other than room air. 

The value TRA is the room ambient 

temperature measured at the last of the three 

successive readings taken 15 minutes apart 

described in section 3.1.1 or 3.1.2 of this 

appendix as applicable. During the time 

period required to perform all the testing and 

measurement procedures specified in section 

3.0 of this appendix, maintain the room 

ambient temperature within ±5 °F (±2.8 °C) of 

the value TRA. At no time during these tests 

shall the room ambient temperature exceed 

100 °F (37.8 °C) or fall below 65 °F (18.3 °C). 

Locate a thermocouple at each elevation of 

draft relief inlet opening and combustion air 

inlet opening at a distance of approximately 

24 inches from the inlet openings. The 

temperature of the air for combustion and the 

air for draft relief shall not differ more than 

±5 °F from the room ambient temperature as 

measured above at any point in time. This 

requirement for combustion air inlet 

temperature does not need to be met once the 

burner is shut off during the testing described 

in sections 3.3 and 3.6 of this appendix. 

2.10 Equipment used to measure mass 

flow rate in flue and stack. The tracer gas 

chosen for this task should have a density 

which is less than or approximately equal to 

the density of air. Use a gas unreactive with 

the environment to be encountered. Using 

instrumentation of either the batch or 

continuous type, measure the concentration 

of tracer gas with an error no greater than 2 

percent of the value of the concentration 

measured. 

2.11 Equipment with multiple control 

modes. 

2.11.1 For equipment that has both 

manual and automatic thermostat control 

modes, test the unit according to the 

procedure for its automatic control mode, 

i.e., single-stage, two-stage, or stepmodulating. 

2.11.2 For equipment that has multiple 

automatic thermostat control modes, test in 

the default mode (or similarly named mode 

identified for normal operation) as defined by 

the manufacturer in its I&O manual. If a 

default mode is not defined in the I&O 

manual, test in the mode in which the 

equipment operates as shipped from the 

manufacturer. 

* * * * * 

3.1.2 Oil-fueled vented home heating 

equipment (including direct vent systems). 

Set up and adjust the vented heater as 

specified in sections 2.1, 2.2, and 2.3.4 of this 

appendix. Begin the steady-state performance 

test by operating the burner and the 

circulating air blower, on units so equipped, 

with the adjustments specified by sections 

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

a temperature variation of not more than 

±5 °F (2.8 °C) in the flue gas temperature in 

three successive readings taken 15 minutes 

apart. The measurements described in this 

section are to coincide with the last of these 

15 minutes readings. 

For units equipped with power burners, do 

not allow smoke in the flue to exceed a No. 

1 smoke during the steady-state performance 

test as measured by the procedure described 

in ASTM D2156–09 (R2018). Maintain the 

average draft over the fire and in the 

breeching during the steady-state 

performance test at that recommended by the 

manufacturer ±0.005 inches of water gauge. 

Measure the room temperature (TRA) as 

described in section 2.9 of this appendix. 

Measure the steady-state flue gas temperature 

(TF,SS) using nine thermocouples (or five, as 

applicable) located in the flue pipe as 

described in section 2.6.2 of this appendix. 

From the plane where TF,SS was measured, 

collect a sample of the flue gas and determine 

the concentration by volume of CO2 (XCO2F) 

present in dry flue gas. Measure and record 

the steady-state heat input rate (Qin). 

For manually controlled oil fueled vented 

heaters, determine the steady-state efficiency 

at a fuel input rate that is within ±5 percent 

of 50 percent of the maximum fuel input rate; 

or, if the design of the heater is such that the 

fuel input rate cannot be set to ±5 percent of 

50 percent of the maximum rated fuel input 

rate, determine the steady-state efficiency at 

the minimum rated fuel input rate as 

measured in section 3.1.2 of this appendix 

for manually controlled oil fueled vented 

heaters. 

* * * * * 

3.2 Jacket loss measurement. Conduct a 

jacket loss test for vented floor furnaces. 

Measure the jacket loss (Lj) in accordance 

with ASHRAE 103–2017 Section 8.6, 

applying the provisions for furnaces and not 

the provisions for boilers. 

* * * * * 

3.6.2.4.2 If absolutely no smoke is drawn 

into the combustion air intake, the vented 

heater meets the requirements to allow use of 

the default draft factor of 0.05. 

* * * * * 

3.8.2 Cyclic condensate collection tests. If 

existing controls do not allow for cyclical 

operation of the tested unit, install control 

devices to allow cyclical operation of the 

vented heater. Run three consecutive test 

cycles. For each cycle, operate the unit until 

flue gas temperatures at the end of each oncycle, rounded to the nearest whole number, 

are within 5 °F of each other for two 

consecutive cycles. On-cycle and off-cycle 

times are 4 minutes and 13 minutes 

respectively. Control of ON and OFF 

operation actions shall be within ±6 seconds 

of the scheduled time. For fan-type vented 

heaters, maintain circulating air adjustments 

as specified in section 2.5 of this appendix. 

Begin condensate collection at one minute 

before the on-cycle period of the first test 

cycle. Remove the container one minute 

before the end of each off-cycle period. 

Measure condensate mass for each test-cycle. 

The error associated with the mass 

measurement instruments shall not exceed 

±0.5 percent of the quantity measured. 

Record fuel input during the entire test 

period starting at the beginning of the ontime period of the first cycle to the beginning 

of the on-time period of the second cycle, 

from the beginning of the on-time period of 

the second cycle to the beginning of the ontime period of the third cycle, etc., for each 

of the test cycles. Record fuel HHV, 

temperature, and pressure necessary for 

determining fuel energy input, QC. Determine 

the mass of condensate for each cycle, MC, 

in pounds. If at the end of three cycles, the 

sample standard deviation is less than or 

equal to 20 percent of the mean value for 

three cycles, use total condensate collected in 

the three cycles as MC; if not, continue 

collection for an additional three cycles and 

use the total condensate collected for the six 

cycles as MC. Determine the fuel energy 

input, QC, during the three or six test cycles, 

expressed in Btu. 

For units with step-modulating controls, 

conduct the cyclic condensate collection test 

at reduced input rate only. For units with 

two-stage controls, conduct the cyclic 

condensate collection test at both maximum 

and reduced input rates unless the balancepoint temperature (TC) as determined in 

section 4.1.10 of this appendix O is equal to 

or less than the typical outdoor design 

temperature of 5 °F (–5 °C), in which case, 


khammond on DSKJM1Z7X2PROD with RULES
30794 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

conduct testing at the reduced input rate 

only. 

* * * * * 

[FR Doc. 2022–10373 Filed 5–19–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–1167; Project 

Identifier AD–2021–00823–E; Amendment 

39–22034; AD 2022–09–14] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2019–22– 

05, which applied to all General Electric 

Company (GE) CF34–8C model turbofan 

engines. AD 2019–22–05 required initial 

and repetitive inspections of the 

operability bleed valve (OBV) fuel tubes, 

OBV bleed air manifold link rod 

assemblies, and the OBV fuel fittings. 

AD 2019–22–05 also required 

replacement of OBVs or related OBV 

link rod hardware that fail inspection. 

This AD was prompted by multiple 

reports of fuel leaks, some leading to 

engine fires, which have occurred as a 

result of malfunctions related to the 

OBV. Additionally, the manufacturer 

has redesigned the OBV, which 

terminates the need for the repetitive 

inspections. This AD requires initial 

and repetitive inspections of the OBV 

fuel tubes, OBV bleed air manifold link 

rod assemblies, and the OBV fuel 

fittings installed on GE CF34–8C model 

turbofan engines. This AD requires 

replacement of OBVs or related OBV 

link rod hardware that fail inspection. 

As a terminating action to the repetitive 

inspections, this AD requires 

replacement of certain OBVs installed 

on GE CF34–8C model turbofan engines. 

This AD also requires replacement of 

certain OBVs installed on GE CF34–8E 

model turbofan engines. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective June 24, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of June 24, 2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of December 23, 2019 (84 FR 

63569, November 18, 2019). 

ADDRESSES: For service information 

identified in this final rule, contact 

General Electric Company, 1 Neumann 

Way, Cincinnati, OH 45215; phone: 

(513) 552–3272; email: 

aviation.fleetsupport@ge.com; website: 

https://www.ge.com. You may view this 

service information at the Airworthiness 

Products Section, Operational Safety 

Branch, FAA, 1200 District Avenue, 

Burlington, MA 01803. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. It is also 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–1167. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–1167; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Scott Stevenson, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 

District Avenue, Burlington, MA 01803; 

phone: (781) 238–7132; fax: (781) 238– 

7199; email: Scott.M.Stevenson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2019–22–05, 

Amendment 39–19784 (84 FR 63569, 

November 18, 2019), (AD 2019–22–05). 

AD 2019–22–05 applied to all GE CF34– 

8C1, CF34–8C5, CF34–8C5A1, CF34– 

8C5B1, CF34–8C5A2, and CF34–8C5A3 

(CF34–8C) model turbofan engines. The 

NPRM published in the Federal 

Register on December 29, 2021 (86 FR 

73997). The NPRM was prompted by 

multiple reports of fuel leaks, some 

leading to engine fires, which have 

occurred as a result of malfunctions 

related to the OBV. Since the FAA 

issued AD 2019–22–05, the 

manufacturer redesigned the OBV, 

which terminates the need for the 

repetitive inspections of the OBV fuel 

tubes, OBV bleed air manifold link rod 

assemblies, and the OBV fuel fittings. 

Additionally, the FAA determined that 

GE CF34–8E2, CF34–8E2A1, CF34–8E5, 

CF34–8E5A1, CF34–8E5A2, CF34–8E6, 

and CF34–8E6A1 (CF34–8E) model 

turbofan engines are susceptible to the 

same unsafe condition as the CF34–8C 

model turbofan engines, and therefore, 

added the GE CF34–8E model turbofan 

engines to the applicability of this AD. 

GE published service information 

specifying procedures to replace certain 

OBVs installed on GE CF34–8C and 

CF34–8E model turbofan engines. In the 

NPRM, the FAA proposed to continue to 

require initial and repetitive inspections 

of the OBV fuel tubes, OBV bleed air 

manifold link rod assemblies, the OBV 

fuel fittings installed on GE CF34–8C 

model turbofan engines, and 

replacement of OBVs or related OBV 

link rod hardware that fail inspection. 

In the NPRM, the FAA proposed to 

require replacement of certain OBVs 

installed on GE CF34–8C model 

turbofan engines as a terminating action 

to the repetitive inspections. In the 

NPRM, the FAA also proposed to 

require replacement of certain OBVs 

installed on GE CF34–8E model 

turbofan engines. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from 

four commenters. The commenters were 

Air Line Pilots Association, 

International (ALPA), Horizon Air, 

Japan Airlines (JAL), and SkyWest 

Airlines, Inc. (SkyWest). The following 

presents the comments received on the 

NPRM and the FAA’s response to each 

comment. 

Request To Add Guidance for OBVs 

With Unknown Flight Hours (FHs) 

Since New 

Horizon Air requested that the FAA 

provide guidance for compliance with 

the Required Actions, paragraphs (g)(4) 

and (5), in the event the FHs since new 

of the OBV is unknown. Horizon Air 

commented that paragraphs (g)(4) and 

(5) of the NPRM would require 

replacement of the OBV with a part 

eligible for installation within 

prescribed periods, which are 

predicated on the FHs since new of the 

OBV. Horizon Air reasoned that the 

NPRM does not include guidance for 

replacing an OBV if the FHs since new 

of the OBV is unknown. 

In response to this comment, the FAA 

has added paragraph (g)(6) to this AD, 

allowing use of the FHs since new of the 

engine if the accumulated FHs since 

new of the OBV is unknown. 


khammond on DSKJM1Z7X2PROD with RULES