[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Proposed Rules]
[Pages 52892-52907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21363]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / 
Proposed Rules

[[Page 52892]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2009-BT-TP-0013]
RIN 1904-AB95


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

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

ACTION: Notice of proposed rulemaking and announcement of public 
meeting.

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SUMMARY: In order to implement recent amendments to the Energy Policy 
and Conservation Act of 1975 (EPCA), the U.S. Department of Energy 
(DOE) proposes to amend its test procedures for residential direct 
heating equipment and pool heaters to provide for measurement of 
standby mode and off mode power use by these products. Where 
appropriate, the amendments would incorporate into the DOE test 
procedures relevant provisions from the International Electrotechnical 
Commission's (IEC) Standard 62301, ``Household electrical appliances--
Measurement of standby power'' (First Edition 2005-06), as well as 
language to clarify application of these provisions as they 
specifically relate to measurement of electrical standby mode and off 
mode power consumption in direct heating equipment and pool heaters.
    This rulemaking also proposes a number of definitions for key 
terms. DOE has tentatively concluded that no amendments are necessary 
to the test procedure for residential water heaters to address standby 
mode and off mode power use, because the existing test procedures for 
water heaters already fully account for and incorporate the standby 
mode and off mode energy consumption. In addition, DOE announces a 
public meeting to discuss and receive comments on the issues presented 
in this notice.

DATES: DOE will hold a public meeting Friday, September 24, 2010, from 
9 a.m. to 4 p.m., in Washington, DC. DOE must receive requests to speak 
at the public meeting before 4 p.m., Friday, September 10, 2010. DOE 
must receive a signed original and an electronic copy of statements to 
be given at the public meeting before 4 p.m., Friday, September 3, 
2010.
    DOE will accept comments, data, and information regarding the 
notice of proposed rulemaking (NOPR) before and after the public 
meeting, but no later than November 15, 2010. See section V, ``Public 
Participation,'' of this NOPR for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. To attend the public meeting, please notify 
Ms. Brenda Edwards at (202) 586-2945. (Please note that foreign 
nationals visiting DOE Headquarters are subject to advance security 
screening procedures. Any foreign national wishing to participate in 
the public meeting should advise DOE as soon as possible by contacting 
Ms. Edwards to initiate the necessary procedures.)
    Any comments submitted must identify the NOPR on Test Procedures 
for Residential Water Heaters, Direct Heating Equipment, and Pool 
Heaters, and provide the docket number EERE-2009-BT-TP-0013 and/or 
Regulatory Information Number (RIN) 1904-AB95. Comments may be 
submitted using any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#7a3f33293b57321f1b0e573f0b0f130a57484a4b4a572e2a574a4a4b493a1f1f541e151f541d150c"><span class="__cf_email__" data-cfemail="67222e34264a2f0206134a2216120e174a555756574a33374a575756542702024903080249000811">[email protected]</span></a>. Include docket 
number EERE-2009-BT-TP-0013 and/or RIN 1904-AB95 in the subject line of 
the message.
    3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121. Please submit one signed paper 
original.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. Please submit one 
signed paper original.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V, ``Public 
Participation,'' of this document.
    Docket: For access to the docket to read background documents or 
comments received, visit the U.S. Department of Energy, Resource Room 
of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. Please call Ms. Brenda 
Edwards at the above telephone number for additional information about 
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of 
Energy, Energy Efficiency and Renewable Energy, Building Technologies 
Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-7892. E-mail: <a href="/cdn-cgi/l/email-protection#c489abaca5a9a9a1a0ea8faca5aa84a1a1eaa0aba1eaa3abb2"><span class="__cf_email__" data-cfemail="064b696e676b6b6362284d6e67684663632862696328616970">[email protected]</span></a>.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: <a href="/cdn-cgi/l/email-protection#8bcef9e2e8a5d8ffeaf8cbe3faa5efe4eea5ece4fd"><span class="__cf_email__" data-cfemail="c386b1aaa0ed90b7a2b083abb2eda7aca6eda4acb5">[email protected]</span></a>.
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail: 
<a href="/cdn-cgi/l/email-protection#307242555e54511e755447514254437055551e545f551e575f46"><span class="__cf_email__" data-cfemail="3674445358525718735241574452457653531852595318515940">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Authority
II. Summary of the Proposal
III. Discussion
    A. Determination Not To Amend Test Procedures for Residential 
Water Heaters
    B. Proposed Test Procedure Amendments for Vented Heaters
    1. Treatment of Fossil-Fuel Consumption in Existing Test 
Procedures for Fossil-Fuel Vented Heaters
    2. Specific Amendments for Vented Heaters
    3. Active Mode Hours Approximated by Burner Operating Hours for 
Vented Heaters
    4. Measurement of Standby Mode and Off Mode Wattages of Vented 
Heaters

[[Page 52893]]

    5. Incorporating by Reference IEC Standard 62301 (First Edition 
2005-06) for Measuring Standby Mode and Off Mode Energy Consumption 
for Vented Heaters
    C. Proposed Test Procedure Amendments for Unvented Heaters
    D. Proposed Test Procedure Amendments for Pool Heaters
    1. Treatment of Fossil-Fuel Consumption in Existing Test 
Procedures for Pool Heaters
    2. Treatment of Electricity Consumption in Existing Test 
Procedures for Pool Heaters
    3. Measurement of Standby Energy Consumption in ANSI/ASHRAE 
Standard 146-2006
    4. Specific Amendments for Pool Heaters
    5. Incorporating by Reference IEC Standard 62301 (First Edition 
2005-06) for Measuring Standby Mode and Off Mode Energy Consumption 
for Pool Heaters
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 the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
V. Public Participation
    A. Attendance at the Public Meeting
    B. Procedure for Submitting Requests To Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
    1. Incorporation of IEC Standard 62301
    2. Separate Standard
VI. Approval of the Office of the Secretary

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 
6291, et seq.; ``EPCA'' or, in context, ``the Act'') sets forth a 
variety of provisions designed to improve energy efficiency. Part A of 
Title III (42 U.S.C. 6291-6309) establishes the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles,'' including 
residential water heaters, direct heating equipment, and pool heaters 
(all of which are referred to below as ``covered products'').\1\ (42 
U.S.C. 6291(1)-(2) and 6292(a)(4), (9) and (11))
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    \1\ All references to EPCA refer to the statute as amended, 
including through the Energy Independence and Security Act of 2007, 
Public Law 110-140.
---------------------------------------------------------------------------

    Under the Act, the overall program consists essentially of three 
parts: (1) Testing; (2) labeling; and (3) Federal energy conservation 
standards. The testing requirements consist of test procedures, 
prescribed under EPCA, that manufacturers of covered products must use 
as the basis for certifying to DOE that their products comply with 
applicable energy conservation standards adopted under EPCA and for 
representations about the energy consumption or energy efficiency of 
those products. Similarly, DOE must use these test procedures whenever 
testing is required in an enforcement action to determine whether the 
products comply with energy conservation standards adopted pursuant to 
EPCA.
    Under 42 U.S.C. 6293, EPCA sets forth criteria and procedures for 
DOE's adoption and amendment of such test procedures. EPCA provides 
that any test procedures prescribed or amended shall be reasonably 
designed to produce test results which measure energy efficiency, 
energy use, or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use, and shall 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In 
addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments thereon. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the measured energy efficiency of any covered 
product as determined under the existing test procedure. (42 U.S.C. 
6293(e)(1)) If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2))
    DOE's test procedures for residential water heaters are found in 
the Code of Federal Regulations (CFR) at 10 CFR 430.23(e) and 10 CFR 
part 430, subpart B, appendix E. The test procedures include provisions 
for determining the energy efficiency (energy factor (EF)), as well as 
the annual energy consumption of these products.
    The direct heating equipment covered product (not including 
furnaces) is referred to as ``home heating equipment'' in CFR. Unlike 
central heating furnaces, direct heating equipment is a covered product 
which is designed to furnish warmed air to the living space of a 
residence, directly from the device, without duct connections. There 
are separate test procedures for the two classes of home heating 
equipment, specifically 10 CFR 430.23(g) and 10 CFR part 430, subpart 
B, appendix G for unvented home heating equipment, and 10 CFR 430.23(o) 
and 10 CFR part 430, subpart B, appendix O for vented home heating 
equipment. Taken together, these two classes of home heating equipment 
represent ``direct heating equipment,'' the covered product listed at 
42 U.S.C. 6292(a)(9). (Hereafter in this notice, the terms ``vented 
heater'' and ``unvented heater'' are used to describe the two types of 
direct heating equipment.) The vented heater test procedures include 
provisions for determining energy efficiency (annual fuel utilization 
efficiency (AFUE)), as well as annual energy consumption. The unvented 
heater test procedures currently have no provisions for determining 
energy efficiency; however, for unvented heaters that are the primary 
heating source for the home, there is a calculation of annual energy 
consumption based on a single assignment of active mode hours. For 
unvented heaters that are not the primary heating source for the home, 
there are no calculation provisions for efficiency or annual energy 
consumption.
    DOE's test procedures for pool heaters are found at 10 CFR 
430.23(p) and 10 CFR part 430, subpart B, appendix P. The test 
procedures include provisions for determining two energy efficiency 
descriptors (i.e., thermal efficiency and pool heater heating seasonal 
efficiency), as well as annual energy consumption.
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007 
amendments to EPCA, in relevant part, require DOE to amend the test 
procedures for all covered products to include measurement of standby 
mode and off mode energy consumption. Specifically, section 310 of EISA 
2007 provides definitions of ``active mode,'' ``standby mode,'' and 
``off mode'' (42 U.S.C. 6295(gg)(1)(A)); however, the statute permits 
DOE to amend these definitions in the context of a given product (42 
U.S.C. 6295(gg)(1)(B)). The legislation requires integration of such 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor for each covered product, 
unless the Secretary determines that--(i) the current test procedures 
for a covered product already fully account for and incorporate the 
standby and off mode energy consumption of the covered product; or (ii) 
such an integrated test procedure is technically infeasible for a 
particular covered product, in which case the Secretary shall prescribe 
a separate standby mode and off mode

[[Page 52894]]

energy use test procedure for the covered product, if technically 
feasible. (42 U.S.C. 6295(gg)(2)(A)).
    Under the statutory provisions introduced by EISA 2007, any such 
amendment must consider the most current versions of International 
Electrotechnical Commission (IEC) Standard 62301, ``Household 
electrical appliances--Measurement of standby power'' (First Edition 
2005-06) and IEC Standard 62087, ``Methods of measurement for the power 
consumption of audio, video, and related equipment'' (Second Edition, 
2008-09).\2\ Id. Further, section 310 of EISA 2007 provides that any 
final rule establishing or revising energy conservation standards 
adopted on or after July 1, 2010, must incorporate standby mode and off 
mode energy use. (42 U.S.C. 6295(gg)(3)(A)).
---------------------------------------------------------------------------

    \2\ IEC standards are available for purchase at: http://www.iec.ch.
---------------------------------------------------------------------------

    Accordingly, pursuant to section 310 of EISA 2007, DOE's 
residential water heater, direct heating equipment, and pool heater 
test procedures must account for standby mode and off mode energy 
consumption. (42 U.S.C. 6295(gg)(2)) DOE test procedures are needed 
that account for standby mode and off mode energy use (to the extent 
those operational modes apply to the products in question), in order to 
permit manufacturers to measure and certify compliance with future 
amended energy conservation standards that address those modes for the 
products that are the subject of this rulemaking. If finalized, today's 
proposal would also provide DOE a means for determining compliance with 
any future standards adopted for these products that include standby 
mode and off mode energy consumption.

II. Summary of the Proposal

    In today's NOPR, DOE has tentatively concluded that for residential 
water heaters, there is no need to amend the test procedures pursuant 
to EISA 2007. Specifically, because the current test procedures for 
residential water heaters already fully account for and incorporate 
standby mode energy consumption, and because off mode is not applicable 
to water heaters, no amendment is required. (42 U.S.C. 
6295(gg)(2)(A)(i)) A more complete discussion is provided below in 
section III.A.
    For direct heating equipment and pool heaters, DOE is proposing to 
amend the test procedures in order to: (1) Address the statutory 
requirement to expand test procedures to incorporate measurement of 
standby mode and off mode power consumption; and (2) provide a 
foundation for DOE to develop, implement, and ensure compliance with 
amended energy conservation standards in the future that address the 
energy use of these products when in standby mode and off mode.
    In addition to these statutory requirements for amended test 
procedures, EISA 2007 has three separate provisions regarding the 
inclusion of standby mode and off mode energy use in any energy 
conservation standard, which have bearing on the current test 
procedures rulemaking. First, test procedure amendments to include 
standby mode and off mode energy consumption shall not be used to 
determine compliance with standards established prior to the adoption 
of such test procedure amendments. (42 U.S.C. 6295(gg)(2)(C)) Second, 
standby mode and off mode energy use must be included into a single 
amended or new standard for a covered product adopted in a final rule 
after July 1, 2010. Finally, a separate standard for standby mode and 
off mode energy consumption is required if a single amended or new 
standard is not feasible. (42 U.S.C. 6295(gg)(3)(B))
    In order to accommodate the above-mentioned first provision, DOE 
clarifies that today's proposed amended test procedures would not alter 
the measures of energy efficiency used in existing energy conservation 
standards; therefore, this proposal would not affect a manufacturer's 
ability to demonstrate compliance with previously-established 
standards. These amended test procedures would become effective, in 
terms of adoption into the CFR, 30 days after the date of publication 
in the Federal Register of the final rule in this test procedures 
rulemaking. However, DOE is proposing added language to the regulations 
codified in the CFR that would state that any added procedures and 
calculations for standby mode and off mode energy consumption resulting 
from implementation of the relevant provisions of EISA 2007 need not be 
performed at this time to determine compliance with the current energy 
conservation standards. Subsequently, and consistent with the second 
provision above, manufacturers would be required to use the amended 
test procedures' standby mode and off mode provisions to demonstrate 
compliance with DOE's energy conservation standards on the compliance 
date of a final rule establishing amended energy conservation standards 
for these products that address standby mode and off mode energy 
consumption, at which time the limiting statement in the DOE test 
procedure would be removed. Further clarification would also be 
provided that as of 180 days after publication of a test procedure 
final rule, any representations as to the standby mode and off mode 
energy consumption of the products that are the subject of this 
rulemaking would need to be based upon results generated under the 
applicable provisions of this test procedure. (42 U.S.C. 6293(c)(2))
    On November 24, 2006, DOE published a notice in the Federal 
Register announcing the availability of and seeking comment on a 
framework document to initiate rulemaking to consider amended energy 
conservation standards for residential water heaters, direct heating 
equipment, and pool heaters (hereafter the November 2006 Framework 
Document). 71 FR 67825. The issuance of a framework document is the 
first step in conducting an appliance standards rulemaking.
    The November 2006 Framework Document was issued before the 
enactment of EISA 2007, and consequently, it did not address the 
possible amendments to the test procedure associated with the EISA 2007 
legislative charge (i.e., the standby mode and off mode provisions in 
42 U.S.C. 6295(gg)(3)) DOE issued its final rule revising energy 
conservation standards for residential water heaters, direct heating 
equipment, and pool heaters on March 31, 2010, which was published in 
the Federal Register on April 16, 2010. 75 FR 20112. Because 
publication of this final rule amending the energy conservation 
standards for these products was required to be completed before July 
1, 2010 (the date after which any final rule establishing or revising a 
standard must incorporate standby mode and off mode energy use), this 
standards final rule did not necessarily need to incorporate standby 
mode and off mode energy use. Nonetheless, today's proposal for amended 
test procedures will allow consideration of the standby mode and off 
mode energy use of these products in a subsequent standards rulemaking 
(e.g., standards adopted after July 1, 2010).
    As currently drafted, three of the test procedures for the products 
at issue in this rulemaking would require amendment to account for 
standby mode and off mode energy use as required by EISA 2007. 
Specifically, the test procedure for vented heaters would need added 
measurement and calculation provisions to integrate electrical standby 
mode and off mode energy use into the overall energy consumption 
equations. Fossil-fuel standby mode and off mode energy use is already 
integrated into the vented

[[Page 52895]]

heater test procedure (see section III.B.1 below). Test procedures for 
unvented heaters would need added measurement provisions of standby 
power (fossil-fuel and electrical). However, for the reasons explained 
in section III.C below, no added calculations or new energy efficiency 
descriptors are offered in today's proposal for unvented heaters. Pool 
heater test procedures would need added measurement and calculation 
provisions for both electric and fossil-fuel standby mode and off mode 
energy use. Such energy use would need to be incorporated into both the 
overall energy consumption equations. As noted above, the test 
procedures for residential water heaters would not need amendment, 
because standby mode energy use is fully integrated into the existing 
test procedure, and off mode is not applicable for residential water 
heaters.
    In amending the current test procedures for residential direct 
heating equipment and pool heaters, DOE proposes to incorporate by 
reference IEC Standard 62301, ``Household electrical appliances--
measurement of standby power'' (First Edition, 2005-06), regarding test 
conditions and test procedures for measuring standby mode and off mode 
energy consumption. DOE also proposes to incorporate product-specific 
definitions of ``active mode,'' ``standby mode,'' and ``off mode'' that 
are consistent with the guidance set forth under 42 U.S.C. 
6295(gg)(1)(A). Further, DOE proposes to include in each test procedure 
additional language that would clarify the application of IEC Standard 
62301 for measuring standby mode and off mode power consumption.\3\
---------------------------------------------------------------------------

    \3\ EISA 2007 directs DOE to also consider IEC Standard 62087 
when amending its test procedure to include standby mode and off 
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC 
Standard 62087 addresses the methods of measuring the power 
consumption of audio, video, and related equipment. As explained 
subsequently in this notice, the narrow scope of this particular IEC 
Standard reduces its relevance to today's proposal.
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III. Discussion

A. Determination Not To Amend Test Procedures for Residential Water 
Heaters

    As noted above, DOE's test procedures for residential water heaters 
are found at 10 CFR 430.23(e) and 10 CFR part 430, subpart B, appendix 
E. These test procedures include provisions for determining the energy 
factor (EF) as well as the annual energy consumption of those products. 
As written, the test procedures include a full year accounting of 
energy use, both electricity and fossil fuel as applicable to a given 
unit. The following explains generally how water heater energy 
consumption is determined under the DOE test procedure. Specific 
measurements are required to determine the water heater's energy 
performance in providing a representative daily amount of hot water. 
The measurements are used to calculate two separate performance 
metrics: (1) Recovery efficiency, and (2) standby loss. Further 
calculations provide for a comprehensive efficiency descriptor (EF) 
which represents the overall efficiency of the water heater in 
providing the representative daily amount of hot water. Annual energy 
consumption and cost are estimated by extending this daily performance 
measured by EF to a full year (i.e., 365 days).
    There are some non-substantive differences in terms of the 
terminology used in the existing residential water heater test 
procedures as compared to what is used in EISA 2007. For example, the 
test procedure's standby loss is expressed as either an hourly standby 
loss or a heat loss coefficient, and while not identical, it can be 
equated to EISA 2007's ``standby mode'' energy use. In addition, the 
EISA 2007 definition of ``off mode'' appears inapposite to water heater 
operation. Water heaters are assumed to operate all year either 
actively heating water or incurring energy consumption (loss) in 
standby mode. There is no other mode of energy consumption conceivable 
for these products. Accordingly, to the extent those terms apply, DOE 
believes the full-year accounting of energy use as currently presented 
in the DOE water heater test procedure fully accounts for measurement 
of active mode, standby mode, and off mode energy consumption, as 
required by EISA 2007. Similarly, the water heater test procedure's 
efficiency descriptor Energy Factor is a complete accounting of all 
energy consumption possible for a residential water heater.
    In consideration of the above, DOE has tentatively concluded that 
the current test procedures for water heaters already fully account for 
and incorporate measurement of standby mode and off mode energy 
consumption, as required by EISA 2007. (42 U.S.C. 6295(gg)(2)(A)(i))

B. Proposed Test Procedure Amendments for Vented Heaters

    As discussed above, EISA 2007 requires amendment of DOE's test 
procedures for direct heating equipment to account for standby mode and 
off mode energy consumption. This section discusses amendments for the 
test procedure provisions for vented heaters, and section III.C 
addresses test procedure amendments for unvented heaters. Specifically, 
the vented heater test procedures require additional measurement and 
calculation provisions in order to account for electrical standby mode 
and off mode energy use. Fossil-fuel standby mode and off mode energy 
use is already integrated into the vented heater test procedure.\4\
---------------------------------------------------------------------------

    \4\ Vented heaters can be fueled by natural gas, propane, or 
oil. For simplicity, the expressions ``fossil-fueled'' or ``fossil-
fuel'' will be used to include all three fuel types.
---------------------------------------------------------------------------

    As a first step in addressing the requirements of EISA 2007, DOE 
believes the relevant terms and concepts from that statute need 
clarification as they apply to vented heaters. While EISA 2007 provided 
definitions and concepts that are generally applicable and workable 
within the context of the existing vented heater test procedure, some 
clarifying language is necessary to address the specific 
characteristics of the products relevant to this rulemaking. The 
following paragraphs discuss these proposed clarifications.
    Section 310(3) of EISA 2007 defines ``active mode'' as ``* * * the 
condition in which an energy-using product--(I) is connected to a main 
power source; (II) has been activated; and (III) provides 1 or more 
main functions.'' (42 U.S.C. 6295(gg)(1)(A)(i)) This statutory 
definition of ``active mode'' is comparable to what is referred to as 
``on-cycle'' in the current vented heater test procedures. 10 CFR part 
430, subpart B, appendix O, section 4.0 Calculations. On-cycle is the 
period during the heating season when the vented heater is performing 
its main function (i.e., heat delivery). The heat delivery process 
begins with the activation of the burner followed by, or simultaneously 
with, the activation of circulating fans, and ends with the 
deactivation of these components. As discussed in section III.B.3 
below, the duration of on-cycle can be estimated in the test procedure 
as burner operating hours (BOH).
    Section 310(3) of EISA 2007 defines ``standby mode'' as ``* * * the 
condition in which an energy-using product--(I) is connected to a main 
power source; and (II) offers 1 or more of the following user oriented 
or protective functions: (aa) To facilitate the activation or 
deactivation of other functions (including active mode) by remote 
switch (including remote control), internal sensor, or timer; (bb) 
Continuous functions, including information or status displays 
(including clocks) or sensor-based functions.'' (42 U.S.C.

[[Page 52896]]

6295(gg)(1)(A)(iii)) The statutory definition of ``standby mode'' is 
comparable to what is referred to as ``off-cycle'' in the current 
vented heater test procedure. 10 CFR part 430, subpart B, appendix O, 
section 4.0 Calculations. The duration of off-cycle would be the total 
time during the heating season when the vented heater is connected to 
power sources and not in active mode.
    Section 310(3) of EISA 2007 defines ``off mode'' as ``* * * the 
condition in which an energy-using product--(I) is connected to a main 
power source; and (II) is not providing any standby or active mode 
function.'' (42 U.S.C. 6295(gg)(1)(A)(ii)) For vented heaters, off mode 
would occur during the non-heating season when the vented heater is 
connected to power sources but is not activated to provide heat. The 
statutory definition of ``off mode'' is comparable to what is referred 
to as non-heating season in the current vented heaters test procedure. 
The proposed definitions are located in 10 CFR part 430, subpart B, 
appendix O, section 4.0 Calculations.
    DOE believes these proposed definitions provide the clarification 
necessary to carry out the requirements of EISA 2007 without unduly 
complicating matters by addressing the potential for minor 
inaccuracies, such as those that might be caused by slight differences 
in run times for burners and air circulating fans (see section III.B.3 
below). DOE requests comments on this approach for characterizing the 
active mode, standby mode, and off mode operation of vented heaters.
1. Treatment of Fossil-Fuel Consumption in Existing Test Procedures for 
Fossil-Fueled Vented Heaters
    DOE has tentatively concluded that the existing test procedures for 
vented heaters already fully account for and integrate standby mode and 
off mode fossil fuel energy consumption.\5\ Underlying the basis for 
this conclusion is the manner in which gas consumption is accounted for 
in two of the test procedure's efficiency metrics, the part-load fuel 
utilization efficiency and the Annual Fuel Utilization Efficiency 
(AFUE).
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    \5\ The only possible fossil fuel standby mode or off mode 
energy use for vented heaters would be the energy consumption 
associated with a constant-burning pilot light. Therefore, only gas-
fired vented heaters are a part of this discussion, where the term 
``gas-fired'' encompasses both natural gas and propane. Oil-fired 
vented heaters do not have pilot lights. In the case of electrical 
energy use, all types of vented heaters may have measurable standby 
mode and off mode energy use.
---------------------------------------------------------------------------

    The existing test procedure for vented heaters is a flue loss 
procedure which, accordingly, requires measurement of temperatures and 
percent concentrations of carbon dioxide (CO<INF>2</INF>) in the flue. 
The fossil fuel and electric input is measured within a tolerance of 
the nameplate input.\6\ For units equipped with a constant-burning 
pilot light, a separate measurement of energy input to the pilot light 
is required. An exception to the pilot light measurement requirement is 
granted to manually- controlled heaters where the pilot light is 
designed to be turned off by the user when the heater is not in use and 
where the unit is labeled with instructions to do so.
---------------------------------------------------------------------------

    \6\ Nameplate input is the energy supply rate in Btus per hour, 
which is physically listed on the tested vented heater. Testing at 
this input would be the most appropriate and consistent way to 
specify a uniform test input rate.
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    From this relatively limited set of data, on-cycle and off-cycle 
losses are determined using empirical coefficients and a suite of 
calculations that address various design features such as manual and 
modulating controls. Direct measurement of draft coefficients for units 
that are installed with thermal stack dampers is required. At the 
manufacturer's discretion, this direct measurement procedure is 
optional for vented heaters without thermal stack dampers. The gas 
pilot light consumption is present during testing and is, therefore, 
accounted for in the off-cycle.
    The test procedure's on-cycle and off-cycle provisions are 
essentially identical in meaning to the EISA 2007 statutory definitions 
of ``active mode'' and ``standby mode,'' respectively. This on-cycle/
off-cycle format provides a complete accounting of gas energy use 
during the entire heating season. In EISA 2007 terminology, gas 
consumption in both active mode and standby mode is fully accounted for 
and integrated into the test procedure's primary efficiency metric, 
part-load fuel utilization efficiency.
    A second efficiency descriptor, AFUE, provides an accounting of the 
non-heating-season fossil-fuel energy consumption (i.e., pilot light 
energy consumption). Non-heating season directly relates to the EISA 
2007 definition of ``off mode.'' Accordingly, DOE has tentatively 
concluded that the AFUE provides a full accounting of fossil-fuel off 
mode energy consumption pursuant to EISA 2007.
    Part-load efficiency is calculated for vented heaters with manual 
controls and thermal dampers. For all other vented heaters, the 
calculations produce an AFUE without separately calculating part-load 
efficiency. Nonetheless, regardless of whether part-load efficiency is 
separately calculated or not, AFUE represents a full accounting of 
annual fossil-fuel consumption (i.e., active mode, standby mode, and 
off mode) into a single efficiency descriptor.
    In addition to the efficiency descriptors discussed above, the 
vented heater test procedure's annual energy consumption calculations 
also represent a complete accounting of fossil-fuel energy consumption.
    In sum, the energy efficiency and consumption equations in the 
existing test procedures for vented heaters provide an entire year's 
accounting of fossil-fuel energy consumption (i.e., 8,760 hours),\7\ 
which includes active mode, standby mode, and off mode energy 
consumption, as required under EISA 2007. Given that EISA 2007 does not 
prescribe any time periods over which to measure the energy consumption 
for all three modes, DOE believes it is reasonable to interpret the Act 
as permitting the consolidation of active mode, standby mode, and off 
mode together into an entire year's accounting.
---------------------------------------------------------------------------

    \7\ Each year comprises 8,760 hours--i.e. (365 days/year) x (24 
hours/day) = 8,760 hours/year.
---------------------------------------------------------------------------

    In consideration of the above, and pursuant to section 310(2)(A)(i) 
of EISA 2007, DOE has tentatively concluded that the existing test 
procedures for vented heaters already fully account for and integrate 
standby mode and off mode fossil-fuel energy consumption.
2. Specific Amendments for Vented Heaters
    Some vented heaters have electric auxiliaries. In most cases, the 
only electric auxiliary associated with vented heaters is the air 
circulating fan. However, it is conceivable that other auxiliaries, 
such as power burners and damper controls, could be present, and such 
devices may have associated electric standby mode and off mode energy 
consumption. The vented heater test procedure, as written, requires 
measurement of maximum auxiliary electric power and does not 
distinguish separate measurements of multiple components. For vented 
heaters so equipped, this maximum auxiliary electric power measurement 
would include the total active wattage of multiple auxiliaries. DOE 
believes this single measurement of maximum active wattage coupled with 
the estimate of active hours, discussed below in section III.B.3, 
constitutes a full accounting of what EISA 2007 refers to as active 
mode electrical consumption. Accordingly, no amendments are offered 
today to expand the active mode accounting of electrical energy 
consumption.

[[Page 52897]]

    However, since operation of vented heaters with electric 
auxiliaries may also result in electric energy consumption in standby 
mode and off mode, and since electric standby mode and off mode are not 
accounted for, it will be necessary to amend the vented home heating 
equipment test procedures. First, it is necessary to include a 
measurement of the standby mode and off mode electrical consumption 
rate (i.e., wattages). This can be done by adding a new subsection to 
the vented home heating equipment test procedure. Specifically, 
separate measurements of standby mode and off mode wattages can be 
added to section 3.0, Testing and measurements, of 10 CFR part 430, 
subpart B, appendix O. For these provisions, DOE proposes to reference 
IEC Standard 62301 for the measurement itself. The added section would 
require only one measurement of wattage if there is no difference 
between standby mode and off mode. Separate measurements would be 
required if a difference is expected. Clarification of the requirement 
for separate measurements is provided in section III.B.4.
    It is further clarified in this added section that the existing 
test procedure specifications for ambient temperature and voltage shall 
apply in lieu of the IEC 62301 standard provisions for these 
parameters. This is done to avoid the possibility of unnecessary burden 
that might result if the slightly different IEC provisions were 
required. These parameters have little bearing on the measurement of 
electrical standby mode and off mode energy consumption as long as they 
are reasonably uniform during the test. The existing test procedure 
requires uniform control of these parameters and, thus, should suffice 
for these added measurements.
    A second amendment is needed to specify how to calculate the annual 
electrical standby mode and off mode energy consumption from the 
measured wattages. This can be done by adding a new calculation 
subsection within existing section 4.0, Calculations, of 10 CFR part 
430, subpart B, appendix O. The new subsection would be designated as 
4.7, Average annual electric standby mode and off mode energy 
consumption. This added subsection would assign mode hours consistent 
with the annual accounting already in the test procedure. Specifically, 
off mode hours would be assigned the test procedure's value for non-
heating season hours. Standby mode hours would be assigned the test 
procedure's value for heating season hours minus the active mode hours, 
where active mode hours would be assigned the test procedures value for 
burner operating hours.
    No changes to the current regulating quotient, AFUE, are proposed. 
Therefore, the proposed test procedure amendments related to standby 
mode and off mode would not impact testing and certification under the 
existing energy conservation standard (which does not currently address 
standby mode and off mode energy consumption in a comprehensive 
manner). DOE considered proposing an integrated AFUE that would 
incorporate the standby mode and off mode energy consumption into the 
existing AFUE by adding this additional energy consumption to the 
active energy consumption within the AFUE quotient. However, DOE has 
determined that such integration is technically infeasible for vented 
heaters. This is because the standby mode and off mode energy usage is 
essentially not measureable due to the fact that most manufacturers' 
ratings of AFUE (as well as the current energy conservation standards) 
are presented to the nearest whole number, and the magnitude of the 
energy for standby mode and off mode would be so comparatively small 
that it would be unlikely to change the reported value. For example, 
assuming a representative 4 watts \8\ of standby mode and off mode 
power might only represent 0.3 percent of the total active energy 
consumption, and it is expected that in most cases, no change in the 
reported AFUE would result because of the integration.
---------------------------------------------------------------------------

    \8\ DOE does not have complete knowledge of the range of 
expected standby wattages for all types of vented heaters at this 
time, but it is assumed to be less than the 7-watt average that DOE 
has determined for central furnaces. This is because vented heaters 
typically do not have as extensive an array of electrical components 
and controls as compared to central furnaces. For example, a vented 
heater may have one small fan as its only electrical component, 
whereas a central furnace might have a larger circulating fan, 
electrical power burners, igniters, and considerably more associated 
electronic controls.
---------------------------------------------------------------------------

    DOE's proposed approach would allow for the measurement of standby 
mode and off mode electrical energy consumption of different vented 
heater products. Although the magnitude of energy savings may be small 
for a given unit, it could be substantial when aggregated across the 
full range of covered products over the 30-year analysis period. DOE 
plans to further address the standby mode and off mode electrical 
energy consumption of vented heaters in the next standards rulemaking.
    DOE seeks comment on its tentative conclusion that it would be 
technically infeasible to adopt an integrated AFUE for vented heaters, 
as well as the accuracy of the assumptions made regarding the relative 
magnitude of the standby mode and off mode energy consumption for 
vented heaters.
3. Active Mode Hours Approximated by Burner Operating Hours for Vented 
Heaters
    As mentioned above in section III.B.2, today's proposal would 
assign active mode hours of a particular vented heater as its burner 
operating hours (BOH). BOH is a calculated value in the existing test 
procedure for gas-fired and oil-fired vented heaters. BOH is determined 
by estimating the expected annual heating load and deducing the burner 
on hours necessary to address the annual heating load. BOH is exactly 
the active mode hours for the burner itself. However, the blower and 
other electric auxiliaries may have different active mode hours because 
of intentional time delays and overruns. This possible slight 
inaccuracy in the active mode hours accounting would be expected to 
have an insignificant effect on the overall accounting of standby mode 
and off mode energy consumption, considering the order of magnitude 
difference between standby mode and off mode hours compared to active 
mode hours. For example, assuming a representative BOH of 800 hours, 
the corresponding standby mode and off mode hours would be 7,960 hours 
(8,760-800); accordingly, a one-percent error in BOH would result in a 
0.1-percent error in standby mode and off mode accounting. Therefore, 
considering the complexity and increased burden of expanding the 
accounting to provide detailed auxiliary run hours with no significant 
improvement in quantifying the magnitude of standby mode and off mode 
energy consumption, DOE maintains that assigning active mode hours for 
all electrical auxiliaries as burner operating hours is both uniform 
and reasonable.
4. Measurement of Standby Mode and Off Mode Wattages of Vented Heaters
    Today's proposed amendments allow for a single wattage (i.e., 
electrical power) measurement to serve as both standby mode wattage and 
off mode wattage. DOE has tentatively concluded that this is a 
reasonable approach when there is expected to be no difference between 
the two modes in terms of wattage. This would be the case for most 
vented heater designs where the appliance is not disconnected from the 
electric power source or where there is an absence of some other 
condition that would affect standby mode and off mode wattage. The 
utilization of a seasonal off switch would be a case

[[Page 52898]]

where a reduction or elimination of off mode wattage compared to 
standby mode wattage can be expected. On units so equipped, a separate 
measurement of off mode wattage would be required, and zero wattage for 
off mode would be a distinct possibility. Although DOE is not currently 
aware of some other factor or condition that might affect a difference 
between standby mode and off mode, a separate measure of off mode 
wattage would also be required anytime the wattages are expected to 
differ.
    DOE believes the phrases ``reduction or elimination'' and 
``seasonal off switch'' are unambiguous and clear enough to direct the 
testing official as to when a separate measurement of off mode wattage 
is needed. DOE invites comments on the appropriateness and workability 
of these provisions.
5. Incorporating by Reference IEC Standard 62301 (First Edition 2005-
06) for Measuring Standby Mode and Off Mode Energy Consumption for 
Vented Heaters
    As noted previously, EPCA, as amended by EISA 2007, requires that 
test procedures be amended to include standby mode and off mode energy 
consumption, taking into consideration the most current versions of 
Standards 62301 and 62087 of the International Electrotechnical 
Commission. (42 U.S.C. 6295(gg)(2)(A)) Today's amendments would 
reference the IEC Standard 62301 to obtain the standby mode and off 
mode measured wattage. The amended test procedure would use these 
measured wattages in calculations to accomplish the incorporation of 
standby mode and off mode energy consumption into the test procedures. 
DOE reviewed the IEC Standard 62301 and believes it is generally 
applicable to vented heater testing, although some clarification is 
needed. Specifically, because there is a possible conflict with 
provisions of the existing procedures, DOE is clarifying in the 
proposed standby mode and off mode measurement provisions that the 
accuracy and precision provisions of the IEC Standard 62301 are to be 
used in lieu of the existing test procedure accuracy provisions. The 
issues addressed in the IEC Standard 62301 of supply voltage waveform 
and power measurement accuracy apply to any measurement of low 
electrical power, including the low-power measurement for vented heater 
standby mode and off mode. The existing test procedures' accuracy and 
measurement provisions will still apply to the measurement of active 
mode electricity consumption. Further, it is clarified that the 
existing test procedure's specification of room ambient temperature and 
voltage, and not the corresponding specifications of the IEC Standard, 
will apply for these measurements. The IEC specification of room 
ambient conditions is slightly more restrictive than those of the 
existing DOE test procedure. However, DOE has tentatively concluded 
that there would be no meaningful difference in wattage measurement 
resulting from the two differing specifications. Overall, IEC Standard 
62301 is concise and well organized, and its use should not pose a 
significant burden to anyone having the ordinary skill and knowledge 
associated with the vented heater manufacturing and testing industries.
    DOE also reviewed IEC Standard 62087, which specifies methods of 
measuring the power consumption of television (TV) receivers, video 
cassette recorders (VCRs), set top boxes, audio equipment, and multi-
function equipment for consumer use. IEC Standard 62087 does not, 
however, include measurement for the power consumption of electrical 
appliances such as vented heaters. Therefore, DOE has tentatively 
concluded that IEC Standard 62087 is unsuitable for use regarding the 
proposed amendments to the vented heater test procedures.

C. Proposed Test Procedure Amendments for Unvented Heaters

    Consistent with the requirements of EISA 2007, today's proposal 
also includes test procedure amendments to address the standby mode and 
off mode energy consumption of unvented heaters. These amendments are 
less involved, as compared to those for vented heaters. Specifically, 
to effect the necessary changes for unvented heaters, DOE proposes to 
add only certain measurement provisions to the existing test procedure. 
DOE has tentatively concluded that no added or amended calculations to 
quantify annual standby mode and off mode energy use are necessary. The 
reasons for this approach are discussed below in detail. DOE believes 
that its proposed amendments are appropriate for unvented heater 
products and are consistent with the direction provided in EISA 2007 
for both test procedures and standards. (42 U.S.C. 6295(gg)(2) and (3))
    By way of background, the unvented heater test procedure is found 
at 10 CFR 430.23(g) and 10 CFR part 430, subpart B, appendix G. This 
test procedure applies to the active mode of both electric and fossil-
fueled unvented heaters, and it only requires measurement of input 
energy rate (e.g., Btu's/hour). Output energy rate is simply equated to 
input energy rate, because all the input energy is delivered to the 
heated space as useful heat. This energy rate is converted by 
mathematical constants to either dollars per million Btu's output and/
or annual energy consumption. (Annual energy consumption is calculated 
only for heaters that are the primary heating source for the entire 
house. Supplemental heaters only require calculation of dollars per 
million Btu's.) As currently written, this test procedure generally 
reflects the lack of any appreciable energy performance difference 
among models of this product subcategory. This product subcategory has 
not been subject to any labeling requirements or energy conservation 
standards, because of the lack of appreciable performance difference as 
would support regulation. As mentioned above, pursuant to EISA 2007, 
DOE must now include provisions to measure standby mode and off mode 
energy use in the test procedures used for these and many other 
products. This brings up the question of whether unvented heaters use 
energy in standby mode or off mode and whether this energy consumption 
might be regulated. DOE anticipates that such test procedure amendments 
could identify an opportunity for energy performance improvements in 
unvented heater models, which would in turn require DOE to consider 
regulating this energy performance.
    DOE realizes that this product subcategory presents a unique set of 
circumstances when addressing the applicable provisions of EISA 2007, 
particularly the requirement to eventually include standby mode and off 
mode energy consumption in a future energy conservation standard. 
First, unlike other test procedures, appendix G does not include energy 
efficiency or energy use metrics that would allow for the integration 
of standby mode and off mode energy use. Instead, it merely provides a 
measure of energy consumption for that unit. As a consequence, there 
currently exists no basis to establish what EISA 2007 would call a 
single or integrated standard for the energy efficiency of unvented 
heaters.
    Second, standby mode energy use (defined as energy use during the 
heating season when the heater is not on) is as effective in heating 
the space as active mode energy use. Therefore, this energy consumption 
is not energy waste, but, rather, it is useful output. Accordingly, it 
may not be beneficial to measure this energy use or appropriate to 
consider its regulation in an energy conservation standard, unless it 
is

[[Page 52899]]

properly considered as part of the overall system.
    Finally, off mode energy consumption (defined as non-heating-season 
energy consumption) could be considered ineffective energy use and, 
accordingly, could be minimized by prescribing a separate energy 
conservation standard. However, defining a representative off mode for 
this subcategory is difficult because of the lack of data on consumer 
use. For example, prior to the present rulemaking proceeding, DOE has 
not been aware of data, or attempted to collect data, on the fraction 
of the year unvented heaters might be unplugged or otherwise 
disconnected from the energy source, and the extent to which pilot 
lights are turned off during the non-heating season.
    This unique set of circumstances formed the basis of an inquiry to 
nine manufacturers of unvented heaters, a number which DOE believes 
would provide representative input from the affected industry. 
Specifically, a request for information regarding possible standby mode 
and off mode energy use for unvented heaters was sent to manufacturers 
in March 2009. This request for information outlined the issue and 
asked specific questions designed to aid DOE in addressing the 
requirements of EISA 2007 for these products. The letter and responses 
received are available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/water_pool_heaters_tp_nopr.html.
    Basically, all respondents agreed as to the unique set of 
circumstances for this product type. The respondents reported that 
standby mode and off mode energy use is present in some designs of 
unvented heaters. Specifically, fossil-fueled unvented heaters could 
have constant-burning pilot lights and electric remote controls, both 
of which would contribute to standby mode and off mode energy use. 
Similarly, electric heaters could have remote controls that would 
contribute to off mode energy use. All respondents agreed that it is 
difficult to define an average representative use cycle for these 
products, particularly in the off mode. One respondent, the Association 
of Home Appliance Manufacturers (AHAM), suggested that the off mode be 
ignored entirely for portable electric heaters, considering the 
evidence of these units being unplugged when not in use. Specifically, 
AHAM stated that consumer data, collected by The Stevenson Group for 
AHAM in 2004, reports that 86 percent of the consumers unplug their 
portable electric heaters per the safety instructions. (AHAM, No. 2 at 
pp. 1-2)
    In consideration of all of above, DOE believes that the best way to 
satisfy the EISA 2007 test procedure requirements is to propose 
additional measurement provisions for standby mode and off mode energy 
rates without attempting to define an average representative use cycle. 
The added measurement provisions for pilot lights would be similar 
those already incorporated in vented heater test procedure. The added 
measurement provisions for electrical standby mode and off mode energy 
use rates would be similar to what is proposed today for vented 
heaters. Both of these added provisions would allow for exemption from 
measurement if there is means to disconnect the power source when not 
in use and instructions to do so are clearly visible. This exemption 
from measurement is identical to what is currently in the existing 
vented heater test procedures as applied to pilot lights on manually-
controlled heaters. DOE believes this exemption from measurement should 
apply to unvented heaters so equipped.
    The proposed approach does not relinquish DOE's authority to 
regulate unvented direct heating equipment, given the statutory 
directive to consider amended standards for ``direct heating 
equipment'' generally. (42 U.S.C. 6295(e)) The results of the 
additional measurements provisions could be used to regulate standby 
mode and off mode energy use for these products.
    DOE is interested in receiving comment on its tentative decision 
not to define a representative use cycle for unvented heaters and the 
sufficiency of the proposed amendments. DOE is particularly interested 
in data that might allow for more complete treatment of unvented 
heaters.

D. Proposed Test Procedure Amendments for Pool Heaters

    As indicated above, EISA 2007 requires amendment of the test 
procedures for pool heaters to account for standby mode and off mode 
energy consumption. The applicable pool heater test procedure is found 
at 10 CFR 430.23(p) and 10 CFR part 430, subpart B, appendix P. As 
explained below, consumption of fossil fuel in the standby mode is 
already included in the existing test procedure's calculations. 
However, DOE is proposing to add a specific measurement procedure for 
fossil-fuel standby mode and off mode energy consumption, because there 
is currently no protocol for actual measurement of such energy 
consumption. In addition, measurement and calculation provisions need 
to be added for off mode fossil-fuel energy consumption. Furthermore, 
the test procedures need additional measurement and calculation 
provisions to integrate electrical standby mode and off mode energy 
use, as required by EISA 2007. The sections below explain the existing 
test procedure's requirements for measuring the fossil-fuel and 
electrical energy consumption of pool heaters, followed by a discussion 
of DOE's proposed amendments pertaining to the measurement of standby 
mode and off mode energy consumption for these products.
1. Treatment of Fossil-Fuel Consumption in Existing Test Procedures for 
Pool Heaters
    The existing DOE test procedure for pool heaters is based on a 
steady-state measure of thermal efficiency in active mode, as specified 
by ANSI Standard Z21.56-1994, ``Gas-Fired Pool Heaters.'' (It is noted 
that ``thermal efficiency'' is specified by statute as the regulating 
efficiency descriptor. (42 U.S.C. 6291(22)) It is also noted that the 
current version of this ANSI standard was released in 2006. Upon 
review, DOE found no substantive differences between the 1994 version 
and the 2006 version, and accordingly, DOE is proposing to update the 
incorporation by reference in DOE's regulations at 10 CFR 430.3.) The 
DOE pool heater test procedure as it now appears in 10 CFR part 430, 
subpart B, appendix P extends this ANSI procedure by creating a heating 
seasonal efficiency descriptor (EFFY<INF>HS</INF>). The heating 
seasonal efficiency accounts for active and standby modes of fossil-
fuel energy consumption, and unlike thermal efficiency, it also 
accounts for auxiliary electrical energy consumption in the active 
mode, which is identified in the test procedure as the period of time 
when the main heating device is energized.
    Fossil-fuel energy consumption in the standby mode, which is 
essentially the pilot light energy consumption (Q<INF>P</INF>), is 
included in the existing test procedure's calculations of heating 
seasonal efficiency. The term Q<INF>p</INF> is currently included in 
the test procedures' equations without a specified protocol to 
ascertain the value of Q<INF>p</INF>. No default value for 
Q<INF>p</INF> is specified, so it is not clear how this value is 
obtained. Accordingly, today's proposal would provide a method by which 
to measure the pilot light energy consumption to help quantify fossil 
fuel consumption in the standby mode.
    The existing test procedures' heating seasonal efficiency includes 
an accounting of fossil-fuel standby mode that DOE believes is 
consistent with

[[Page 52900]]

EISA 2007 guidance for standby mode. Specifically, standby mode is when 
the pool heater is connected to the main power source but the heater's 
main heating device is not functioning. The test procedure establishes 
that the duration of the standby mode is equivalent to the number of 
pool operating hours (POH) during the year (4,464 hours) minus the 
burner operating hours (BOH = 104 hours), where 4,464 and 104 are 
assigned values already in the existing test procedure. DOE believes 
this accounting is consistent with EISA 2007 and, accordingly, should 
remain as the basis of incorporating standby mode. Under today's 
modified approach, the active mode rate of consumption would be 
multiplied by the time during which the pool heater is in the active 
mode, and the standby mode rate of consumption would be multiplied by 
the time during which the pool heater is in the standby mode.
    The existing DOE pool heater test procedure does not account for 
off mode fossil-fuel energy consumption (i.e., the amount of energy 
used when the pool heater is not in service). Off mode operation would 
occur outside the pool heating season that is currently described in 
the test procedure by the average number of pool operating hours during 
the year, which is defined as 4,464 h per year throughout the country. 
The pilot light energy consumption during this period would be an 
example of off mode fossil-fuel energy consumption. Under the modified 
approach, DOE proposes to now include off mode fossil-fuel energy 
consumption measurement provisions and to incorporate the results into 
the test procedures' energy usage and efficiency equations. Again, 
under today's modified approach, the off mode rate of consumption would 
be multiplied by the time during which the pool heater is in the off 
mode. However, for pool heaters with a seasonal off switch, off mode 
fossil-fuel energy consumption would be assigned a value of zero.
2. Treatment of Electricity Consumption in Existing Test Procedures for 
Pool Heaters
    As mentioned in section III.D.1, the electricity consumption during 
active mode is incorporated in the heating seasonal efficiency 
descriptor, but electricity consumption during the standby mode or off 
mode is not considered in the existing DOE pool heater test procedure. 
Under the modified approach, DOE proposes to introduce standby mode and 
off mode electrical energy consumption measurement provisions and to 
incorporate the results into the test procedures' energy usage and 
efficiency equations. However, for pool heaters with a seasonal off 
switch, off mode electrical energy consumption would be assigned a 
value of zero.
3. Measurement of Standby Energy Consumption in ANSI/ASHRAE Standard 
146-2006
    ANSI/ASHRAE Standard 146-2006, ``Method of Testing and Rating Pool 
Heaters,'' extends the procedure specified by ANSI Standard Z21.56 by 
including a test in which the energy consumption in standby mode is 
measured. During this 60-minute standby test, the thermostat setting 
for the pool heater is set low enough so that the pool heater does not 
enter active mode during the test. The total electricity and natural 
gas energy consumption is measured over this 60-minute period and added 
to provide a metric for standby mode energy consumption. Today's NOPR 
proposes to adopt a similar approach to measure standby mode and off 
mode energy consumption. DOE believes that ANSI/ASHRAE 146-2006 cannot 
be adopted ``as-is'' because there are some terminology differences 
specific to implementation of the requirements of EISA 2007. For 
example, there is no measurement or definition of ``off mode'' in ANSI/
ASHRAE 146-2006.
4. Specific Amendments for Pool Heaters
    The proposed amendments to appendix P would modify the existing 
test procedure by adding a standby mode energy consumption measurement 
that is similar to that used in the ASHRAE Standard 146, ``Method of 
Testing for Rating Pool Heaters,'' but that is tailored to address the 
specific concepts of EISA 2007. Specifically, a definition section 
would be added to the test procedure to clarify the EISA 2007 
definitions of ``active mode,'' ``standby mode,'' and ``off mode,'' as 
applied to pool heaters. Separate measurement and calculation 
provisions would be added to allow separate quantification of standby 
mode and off mode energy consumption. A new efficiency descriptor, 
integrated thermal efficiency, would replace the heating seasonal 
efficiency to allow for integration of standby mode and off mode energy 
consumption into a single efficiency measure. The term ``integrated 
thermal efficiency'' is used to maintain consistency with the statute. 
This approach would allow for the integration and incorporation of 
standby mode and off mode energy consumption into both the test 
procedure and an energy conservation standard, as called for in 42 
U.S.C. 6295(gg)(2)(A) and 42 U.S.C. 6295(gg)(3) respectively. The 
thermal efficiency descriptor will remain in the test procedure to 
provide the regulating basis for the current energy conservation 
standard.
    Unlike the integrated AFUE for vented heaters discussed above, DOE 
has tentatively concluded that the integrated thermal efficiency is 
technically feasible and would provide measurable performance 
differentiation, because the added standby mode and off mode energy 
consumption is significant relative to the active energy consumption of 
the original thermal efficiency. There are two contributing factors to 
this conclusion: (1) The added energy consumption includes both fossil 
fuel and electrical energy consumption, and (2) the active energy 
consumption is relatively smaller because of the smaller number of 
active mode hours for pool heaters as compared to vented heaters. As a 
result, the pilot light alone would be expected to have the effect of 
reducing the thermal efficiency by a few percentage points.
    Additionally, the proposed amendments to appendix P would update 
the references to ANSI Standard Z21.56-2006, the most recent version of 
that standard. As noted above, DOE has compared this version with the 
currently-referenced version from 1994 and found no substantive 
differences between the two test methods.
5. Incorporating by Reference IEC Standard 62301 (First Edition 2005-
06) for Measuring Standby Mode and Off Mode Energy Consumption for Pool 
Heaters
    As noted previously, EPCA, as amended by EISA 2007, requires that 
DOE test procedures be amended to include standby mode and off mode 
energy consumption, taking into consideration the most current versions 
of Standards 62301 and 62087 of the International Electrotechnical 
Commission. (42 U.S.C. 6295(gg)(2)(A)) Today's amendments to the pool 
heater test procedure would incorporate by reference IEC Standard 62301 
to obtain the standby mode and off mode measured wattage. Today's 
proposed test procedure amendments would use these measured wattages in 
calculations to accomplish the incorporation of standby mode and off 
mode energy consumption into the test procedures.
    DOE is proposing the following clarifications to avoid any 
conflicts between the existing test procedure and IEC Standard 62301. 
First, DOE proposes to clarify that the room ambient temperature and 
voltage

[[Page 52901]]

specifications of the existing test procedure would suffice to carryout 
the new wattage measurements and should continue to be used rather than 
the corresponding specifications of room ambient temperature and 
voltage in IEC Standard 62301. DOE has tentatively concluded that there 
would be no meaningful difference in the wattage measurement resulting 
from the slightly differing specifications for room ambient temperature 
and voltage. Second, DOE would clarify that the accuracy and 
measurement provisions of IEC Standard 62301 are appropriate for these 
measurements and would supersede the corresponding provisions of the 
existing test procedure. DOE believes the issues addressed in section 5 
of IEC Standard 62301, related to supply voltage waveform and power 
measurement accuracy, would apply to any measurement of low electrical 
power, including the low-power measurement for pool heater standby mode 
and off mode. The existing test procedure's accuracy and measurement 
provisions will still apply to the measurement of active mode 
electricity consumption. In general, DOE believes IEC Standard 62301 is 
concise and well organized and would not impose a significant burden, 
given the considerable skill and knowledge base present in the pool 
heater manufacturing and associated testing industries.
    DOE also reviewed IEC Standard 62087, which specifies methods of 
measuring the power consumption of TV receivers, VCRs, set top boxes, 
audio equipment, and multi-function equipment for consumer use. IEC 
Standard 62087 does not, however, include measurement for the power 
consumption of electrical appliances such as pool heaters. Therefore, 
DOE has tentatively concluded that IEC Standard 62087 is unsuitable for 
use regarding the proposed amendments to the pool heater test 
procedures.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    Today's proposed rule is not a ``significant regulatory action'' 
under section 3(f) of Executive Order 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this proposed action 
was not subject to review under the Executive Order by the Office of 
Information and Regulatory Affairs (OIRA) in the Office of Management 
and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, would 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 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE's 
procedures and policies may be viewed on the Office of the General 
Counsel's Web site (http://www.gc.doe.gov).
    DOE reviewed today's proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. This proposed rule would prescribe test procedure 
amendments that would be used to determine compliance with energy 
conservation standards for the products that are the subject of this 
rulemaking. Although DOE considers test procedure amendments for 
residential water heaters, direct heating equipment, and pool heaters 
in this rulemaking, DOE proposes amendments to the test procedures for 
pool heaters and direct heating equipment only. For the reasons stated 
earlier in the preamble, DOE has tentatively determined that amendments 
to the test procedure for water heaters are not necessary.
    The Small Business Administration (SBA) considers an 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 threshold 
values set forth in these regulations use size standards and codes 
established by the North American Industry Classification System 
(NAICS) that are available at http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. The threshold number 
designation as a small business under NAICS classification 333414, 
titled ``Heating Equipment (Except Warm Air Furnaces) Manufacturing,'' 
is 500 employees. This classification specifically includes 
manufacturers of direct heating equipment and pool heaters.
    Concurrent to this rulemaking for test procedures, DOE has been in 
the process of developing amended energy conservation standards for the 
products covered in this rulemaking. On December 11, 2009, DOE 
published a Notice of Proposed Rulemaking and Public Meeting for Energy 
Conservation Standards for Residential Water Heaters, Direct Heating 
Equipment, and Pool Heaters in the Federal Register. 74 FR 65852. This 
notice inaccurately stated that the applicable NAICS classification 
number for pool heaters is 335228. As these rulemakings apply to the 
same sets of products, the DOE believes clarification is both necessary 
and appropriate. Additionally, DOE has included a similar notification 
regarding the correct NAICS classification number in the context of the 
final rule for Energy Conservation Standards for Residential Water 
Heaters, Direct Heating Equipment, and Pool Heaters. The standards 
final rule was issued on March 31, 2010 and was published in the 
Federal Register on April 16, 2010. 75 FR 20112.
    In the December 11, 2009 NOPR for energy conservation standards, 
DOE identified 12 small DHE manufacturers and one small pool heater 
manufacturer that can be considered small businesses. Pool heater 
manufacturers and the vented heater manufacturers of the DHE product 
class are the same as identified in the standards notice. An estimate 
of the number of manufacturers of unvented heaters was not developed as 
part of the standards analysis because, for reasons stated in the 2009 
NOPR, DOE believes it is unnecessary to set minimum efficiency 
standards for unvented DHE. 74 FR 65852, 65866 (Dec. 11, 2009). Based 
on its interviews with manufacturers, DOE has tentatively determined 
that there are three unvented DHE manufactures considered small 
businesses.
    For the reasons explained below, DOE has tentatively concluded that 
the proposed rule would not have a significant impact on either small 
or large manufacturers under the applicable provisions of the 
Regulatory Flexibility Act. The proposed rule would amend DOE's test 
procedures for direct heating equipment and pool heaters by 
incorporating testing provisions to address standby mode and off mode 
energy consumption. The proposed procedures involve measuring power 
input when the direct heating equipment or pool heater is in standby 
mode and off mode during testing. Pool heater proposed test procedure 
amendments would require measurement of both fossil fuel and electric 
energy use in standby mode and off mode. DHE proposed test procedure 
amendments would require measurement of only electrical energy use in 
standby mode and off mode.

[[Page 52902]]

These tests can be conducted in the same facilities used for the 
current energy testing of these products, so there would be no 
additional facilities costs required by the proposed rule. In addition, 
while the power meter proposed to be required for these tests might 
require greater accuracy than the power meter used for current energy 
testing, the investment required for a possible instrumentation upgrade 
would be modest. It is likely that the manufacturers, or their testing 
facilities, already have equipment that meets the requirements of IEC 
62301, but an Internet search of equipment that specifically meets the 
requirements of IEC 62301 reveals a cost of approximately $2,700 to 
$3,000. This cost is small compared to the overall financial investment 
needed to undertake the business enterprise of testing consumer 
products which involves facilities, qualified staff, and specialized 
equipment.
    The duration of the electrical standby mode and off mode testing 
for DHE is also short, approximately five minutes if the power supply 
is stable and ten minutes if the power supply is not stable. For 
example, testing with unstable power supply might require five minutes 
to determine that it is in fact unstable followed by an additional 
integrated test measurement of five minutes. The duration of the fossil 
fuel and electrical standby mode and off mode test proposed for pool 
heaters is one hour. This one hour time period is consistent with the 
industry consensus for such measurement (i.e., the ASHRAE Standard 
146), and, is not a significant extension of the DOE existing test 
procedures. The existing DOE test procedure requires, in addition to 
set-up, an establishment of steady state conditions that might approach 
2 hours followed by the actual thermal efficiency test for 30 minutes. 
The proposed standby test could begin immediately following the thermal 
efficiency test and therefore, would not require additional set up, 
instrumentation, or waiting period. The testing official could run 
simultaneous tests on other units and simply record the results of the 
test at the end of the 60 minute standby period. For these reasons, DOE 
believes that the proposed requirements for equipment and time to 
conduct the additional tests would not be expected to impose a 
significant economic impact on affected entities, regardless of size.
    Accordingly, DOE tentatively concludes and certifies that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Accordingly, DOE has not prepared 
a regulatory flexibility analysis for this rulemaking. DOE will provide 
its certification and supporting statement of factual basis to the 
Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) which has been approved by OMB 
under control number 1910-1400. Public reporting burden for compliance 
reporting for energy and water conservation standards is estimated to 
average 30 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to DOE (see ADDRESSES) and by e-
mail to <a href="/cdn-cgi/l/email-protection#27644f554e54534e4942786d09786c5e4a4967484a450942485709404851"><span class="__cf_email__" data-cfemail="16557e647f65627f7873495c38495d6f7b7856797b743873796638717960">[email protected]</span></a>.
    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 rulemaking, DOE is proposing test procedure amendments that 
it expects would be used to develop and implement future energy 
conservation standards for residential direct heating equipment and 
pool heaters. DOE has determined that this rule falls into a class of 
actions that are categorically excluded from review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's 
implementing regulations at 10 CFR part 1021. Specifically, this 
proposed rule would amend the existing test procedures for these 
products without changing their environmental effects, and, therefore, 
it is covered by Categorical Exclusion A5 in 10 CFR part 1021, subpart 
D, which applies because this rule would establish revisions to 
existing test procedures that would not affect the amount, quality, or 
distribution of energy usage, and, therefore, would not result in any 
environmental impacts. Accordingly, neither an environmental assessment 
nor an environmental impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' imposes certain requirements 
on agencies formulating and implementing policies or regulations that 
preempt State law or that have Federalism implications. 64 FR 43255 
(August 10, 1999). The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States, and to carefully 
assess the necessity for such actions. The Executive Order also 
requires agencies to have an accountable process to ensure meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have Federalism implications. On March 14, 
2000, DOE published a statement of policy describing the 
intergovernmental consultation process that it will follow in 
developing such regulations. 65 FR 13735. DOE has examined this 
proposed rule and determined that it would not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of today's proposed 
rule. States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 
Therefore, Executive Order 13132 requires no further action.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write 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 clearly specifies the following: 
(1) The preemptive effect, if any; (2) any effect on existing Federal 
law or regulation; (3) a clear legal standard for affected conduct 
while promoting simplification and burden reduction; (4) the 
retroactive effect, if any; (5) definitions of key terms; and

[[Page 52903]]

(6) 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 whether 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 proposed rule meets the relevant 
standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4; 2 U.S.C. 1501 et seq.) requires each Federal agency to assess 
the effects of Federal regulatory actions on State, local, and Tribal 
governments and the private sector. For a proposed regulatory action 
likely to result in a rule that may cause the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector of $100 million or more in any one year (adjusted annually for 
inflation), section 202 of UMRA requires a Federal agency to publish 
estimates of the resulting costs, benefits, and other effects on the 
national economy. (2 U.S.C. 1532(a),(b)) 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 such governments. On March 18, 
1997, DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is 
also available at http://www.gc.doe.gov). Today's proposed rule 
contains neither an intergovernmental mandate nor a mandate that may 
result in an 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. 
Today's proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

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

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

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (Pub. L. 106-554; 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). DOE has reviewed today's notice under OMB and DOE guidelines and 
has concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgates or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. Today's proposed 
regulatory action to amend the test procedures for residential direct 
heating equipment and pool heaters to address standby mode and off mode 
energy use is not a significant regulatory action under Executive Order 
12866. It has likewise not been designated as a significant energy 
action by the Administrator of OIRA. Moreover, it would not have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

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

    Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42 
U.S.C. 7101 et seq.), 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 (FEAA). (15 U.S.C. 788) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the 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 proposed modifications to the test procedures addressed by this 
proposed rule incorporate testing methods contained in the commercial 
standards, the International Electrotechnical Commission (IEC) Standard 
62301, ``Household electrical appliances--Measurement of standby 
power,'' Publication 62301 First Edition 2005-06 and ``American 
National Standards Institute (ANSI) Standard Z21.56-2006, ``Gas-Fired 
Pool Heaters.'' DOE has evaluated these standards and is unable to 
conclude whether they fully comply with the requirements of section 
32(b) of the FEAA (i.e., whether it was developed in a manner that 
fully provides for public participation, comment, and review). DOE will 
consult with the Attorney General and the Chairman of the FTC about the 
impact of these test procedures on competition, before prescribing a 
final rule.

V. Public Participation

A. Attendance at the Public Meeting

    The time, date, and location of the public meeting are listed in 
the DATES and ADDRESSES sections at the beginning of this NOPR. To 
attend the public meeting, please notify Ms. Brenda Edwards at (202) 
586-2945. As explained in the ADDRESSES section,

[[Page 52904]]

foreign nationals visiting DOE Headquarters are subject to advance 
security screening procedures.

B. Procedure for Submitting Requests to Speak

    Any person who has an interest in the topics addressed in this 
notice, or who is a representative of a group or class of persons that 
has an interest in these issues, may request an opportunity to make an 
oral presentation at the public meeting. Such persons may hand-deliver 
requests to speak to the address shown in the ADDRESSES section at the 
beginning of this notice between 9 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. Requests may also be sent by mail or 
e-mail to: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121, or <a href="/cdn-cgi/l/email-protection#236151464d47420d664754425147506346460d474c460d444c55"><span class="__cf_email__" data-cfemail="88cafaede6ece9a6cdecffe9faecfbc8ededa6ece7eda6efe7fe">[email protected]</span></a>. Persons who 
wish to speak should include with their request a computer diskette or 
CD-ROM in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format 
that briefly describes the nature of their interest in this rulemaking 
and the topics they wish to discuss. Such persons should also provide a 
daytime telephone number where they can be reached.
    DOE requests persons scheduled to make an oral presentation to 
submit an advance copy of their statements at least one week before the 
public meeting. DOE may permit persons who cannot supply an advance 
copy of their statement to participate, if those persons have made 
advance alternative arrangements with the Building Technologies 
Program. As necessary, requests to give an oral presentation should ask 
for such alternative arrangements.

C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also use a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 
6306). There shall not be discussion of proprietary information, costs 
or prices, market share, or other commercial matters regulated by U.S. 
anti-trust laws. A court reporter will be present to record the 
proceedings and prepare a transcript.
    The public meeting will be conducted in an informal, conference 
style. DOE reserves the right to schedule the order of presentations 
and to establish the procedures governing the conduct of the public 
meeting. DOE will present summaries of comments received before the 
public meeting, allow time for presentations by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
prepared general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will permit other 
participants to comment briefly on any general statements. At the end 
of all prepared statements on each specific topic, DOE will permit 
participants to clarify their statements briefly and to comment on 
statements made by others.
    Participants should be prepared to answer DOE's and other 
participants' questions. DOE representatives may also ask participants 
about other matters relevant to this rulemaking. The official 
conducting the public meeting will accept additional comments or 
questions from those attending, as time permits. The presiding official 
will announce any further procedural rules or modification of the above 
procedures needed for the proper conduct of the public meeting. After 
the public meeting, interested parties may submit further comments on 
the proceedings as well as on any aspect of the rulemaking until the 
end of the comment period.
    DOE will make the entire record of this proposed rulemaking, 
including the transcript from the public meeting, available for 
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Copies of the 
transcript will be posted on the DOE Web site and are also available 
for purchase from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding the 
proposed rule before or after the public meeting, but no later than 
November 15, 2010. Comments, data, and information submitted to DOE's 
e-mail address for this rulemaking should be provided in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format. Stakeholders should 
avoid the use of special characters or any form of encryption, and 
wherever possible, comments should include the electronic signature of 
the author. Comments, data, and information submitted to DOE via mail 
or hand delivery/courier should include one signed paper original. No 
telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document that 
includes all of the information believed to be confidential, and one 
copy of the document with that information deleted. DOE will make its 
own determination as to the confidential status of the information and 
treat it accordingly.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information was previously made available to others without obligation 
concerning its confidentiality; (5) an explanation of the competitive 
injury to the submitting person that would result from public 
disclosure; (6) when such information might lose its confidential 
nature due to the passage of time; and (7) why disclosure of the 
information would be contrary to the public interest.

E. Issues on Which DOE Seeks Comment

    Although comments are welcome on all aspects of this rulemaking, 
DOE is particularly interested in receiving comments and views of 
interested parties on the following issues:
    1. Incorporation of IEC Standard 62301. DOE invites comment on the 
adequacy of IEC Standard 62301 to measure standby mode and off mode 
power for vented heaters, unvented heaters, and pool heaters.
    2. No Need to Amend Water Heater Test Procedures. DOE invites 
comment on its tentative conclusion that the current test procedures 
for water heaters already fully account for and incorporate measurement 
of standby mode and off mode energy consumption, as required by EISA 
2007.
    3. Updated Reference for Pool Heater Testing. DOE invites comment 
on the updated version of American National Standards Institute (ANSI) 
Standard Z21.56-2006, ``Gas-Fired Pool Heaters,'' and whether it 
constitutes any substantive change relative to the 1994 version of ANSI 
Standard Z21.56 currently referenced in the existing test procedure.
    4. Integrated AFUE for Vented Heaters. DOE seeks comment on its 
tentative conclusion that it would be technically infeasible to adopt 
an integrated AFUE for vented heaters, as well as the accuracy of the 
assumptions made regarding the relative magnitude of the standby mode 
and off mode energy consumption for vented heaters.

[[Page 52905]]

    5. Integrated Thermal Efficiency for Pool Heaters. DOE seeks 
comment on the proposed efficiency descriptor, integrated thermal 
efficiency, that would allow for integration of standby mode and off 
mode energy consumption into a single efficiency measure, and whether 
this approach would allow for the integration and incorporation into 
the test procedure and an energy conservation standard, as called for 
in 42 U.S.C. 6295(gg)(2)(A) and 42 U.S.C. 6295(gg)(3) respectively.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking.

List of Subjects in 10 CFR Part 430

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

    Issued in Washington, DC, on August 20, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 of chapter II, subchapter D of title 10 of the Code of Federal 
Regulations, to read as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

    2. Section 430.3 is amended by revising paragraph (c)(13) to read 
as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (c) * * *
    (13) ANSI Z21.56-2006 (``ANSI Z21.56''), Standard for Gas-Fired 
Pool Heaters, approved December 13, 2005, IBR approved for Appendix P 
to Subpart B.
* * * * *


Sec.  430.23  [Amended]

    3. Section 430.23 is amended by:
    a. Removing the words ``section 4.2 of appendix P'' in paragraph 
(p)(1)(i) and adding in their place ``section 5.2 of appendix P'', and
    b. Removing the words ``section 4.3 of appendix P'' in paragraph 
(p)(1)(ii) and adding in their place ``section 5.3 of appendix P''.

Appendix G to Subpart B--[Amended]

    4. Appendix G to Subpart B of Part 430 is amended in section 2 by 
adding new sections 2.3, 2.3.1, 2.4, and 2.4.1 to read as follows:

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

* * * * *
    2. Testing and measurements.
* * * * *
    2.3 Pilot light measurement. Except as provided in section 
2.3.1, measure the energy input rate to the pilot light 
(Q<INF>p</INF>), with an error no greater than 3 percent, for 
unvented heaters so equipped.
    2.3.1 The measurement of Q<INF>p</INF> 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). This provision applies only 
if an instruction to turn off the unit is provided on the heater 
near the gas control value (e.g., by label) by the manufacturer.
    2.4 Electrical standby mode power measurement. Except as 
provided in section 2.4.1, for all electric heaters and unvented 
heaters with electrical auxiliaries, measure the standby power 
(P<INF>SB</INF>) in accordance with the procedures in the 
International Electrotechnical Commission (IEC) Standard 62301, 
``Household electrical appliances--Measurement of standby power,'' 
Publication 62301 First Edition 2005-06 (incorporated by reference; 
see Sec.  430.3), with all electrical components not activated. 
Voltage shall be as specified in section 1.4.1 Electrical supply of 
this appendix.
    2.4.1 The measurement of P<INF>SB</INF> is not required for 
heaters 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 electrical supply to the heater). This 
provision applies only if an instruction to turn off the unit is 
provided on the heater (e.g., by label) by the manufacturer.
* * * * *

Appendix O to Subpart B--[Amended]

    5. Appendix O to Subpart B of Part 430 is amended by:
    a. Adding a Note after the heading;
    b. Redesignating sections 1.1 through 1.33 as follows:

------------------------------------------------------------------------
               Old sections                         New sections
------------------------------------------------------------------------
1.1 to 1.14...............................  1.2 to 1.15.
1.15 to 1.19..............................  1.17 to 1.21.
1.20 and 1.21.............................  1.23 and 1.24.
1.22 to 1.25..............................  1.26 to 1.29.
1.26 to 1.33..............................  1.31 to 1.38.
------------------------------------------------------------------------

    c. Adding new sections 1.1, 1.16, 1.22, 1.25 and 1.30;
    d. Adding new sections 3.7, 3.7.1, and 3.7.2; and
    e. Revising sections 4.6.3 and 4.6.3.1, and adding a new section 
4.7.
    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:  The procedures and calculations that refer to standby 
mode and off mode energy consumption, (i.e., sections 3.7 and 4.7 of 
this appendix O) need not be performed to determine compliance with 
energy conservation standards for vented heaters at this time. 
However, any representation related to standby mode and off mode 
energy consumption of these products made after [date 180 days after 
date of publication of the test procedure final rule in the Federal 
Register] must be based upon results generated under this test 
procedure, consistent with the requirements of 42 U.S.C. 6293(c)(2). 
After July 1, 2010, any adopted energy conservation standard shall 
incorporate standby mode and off mode energy consumption, and upon 
the compliance date for such standards, compliance with the 
applicable provisions of this test procedure will also be required.

    1.0. Definitions.
    1.1 ``Active mode'' means the condition during the heating 
season in which the vented heater is connected to the power source, 
and either the burner or any electrical auxiliary is activated.
* * * * *
    1.16 ``IEC 62301'' means the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301 First Edition 2005-06. (incorporated by reference; see Sec.  
430.3)
* * * * *
    1.22 ``Off mode'' means the condition during the non-heating 
season in which the vented heater is connected to the power source, 
and neither the burner nor any electrical auxiliary is activated.
* * * * *
    1.25 ``Seasonal off switch'' means the control device, such as a 
lever or toggle, on the vented heater that affects a difference in 
off mode energy consumption as compared to standby mode consumption.
* * * * *
    1.30 ``Standby mode'' means the condition during the heating 
season in which the vented heater is connected to the power source, 
and neither the burner nor any electrical auxiliary is activated.
* * * * *
    3.0 Testing and measurements.
* * * * *
    3.7 Measurement of electrical standby mode and off mode power.
    3.7.1 Standby power measurements. With all electrical 
auxiliaries of the vented heater

[[Page 52906]]

not activated, measure the standby power (P<INF>SB</INF>) in 
accordance with the procedures in IEC 62301 (incorporated by 
reference, see Sec.  430.3), except that section 2.9, Room ambient 
temperature, and the voltage provision of section 2.3.5, Electrical 
supply, of this appendix shall apply in lieu of the IEC 62301 
corresponding sections 4.2, Test room, and 4.3, Power supply. 
Clarifying further, the IEC 62301 sections 4.5, Power measurement 
accuracy, and section 5, Measurements, shall apply in lieu of 
section 2.8, Energy flow instrumentation, of this appendix. Measure 
the wattage so that all possible standby mode wattage for the entire 
appliance is recorded, not just the standby mode wattage of a single 
auxiliary.
    3.7.2 Off mode power measurement. If the unit is equipped with a 
seasonal off switch or there is an expected difference between off 
mode power and standby mode power, measure off mode power 
(P<INF>OFF</INF>) in accordance with the standby power procedures in 
IEC 62301 (incorporated by reference, see Sec.  430.3), except that 
section 2.9, Room ambient temperature, and the voltage provision of 
section 2.3.5, Electrical supply, of this appendix shall apply in 
lieu of the IEC 62301 corresponding sections 4.2, Test room, and 
4.3, Power supply. Clarifying further, the IEC 62301 sections 4.5, 
Power measurement accuracy, and section 5, Measurements, shall apply 
in lieu of section 2.8, Energy flow instrumentation, of this 
appendix. Measure the wattage so that all possible standby mode 
wattage for the entire appliance is recorded, not just the standby 
mode wattage of a single auxiliary. If there is no expected 
difference in off mode power and standby mode power, let 
P<INF>OFF</INF> = P<INF>SB</INF>, in which case no separate 
measurement of off mode power is necessary.
    4.0 Calculations.
* * * * *
    4.6.3 Average annual auxiliary electrical energy consumption for 
vented heaters. For vented heaters with single stage controls or 
manual controls, the average annual auxiliary electrical consumption 
(E<INF>AE</INF>) is expressed in kilowatt-hours and defined as:

E<INF>AE</INF> = BOH<INF>SS</INF>P<INF>E</INF> + E<INF>SO</INF>

Where:

BOH<INF>SS</INF> = as defined in 4.6.1 of this appendix
P<INF>E</INF>= as defined in 3.1.3 of this appendix
E<INF>SO</INF> = as defined in 4.7 of this appendix

    4.6.3.1 For vented heaters with two stage or modulating 
controls, E<INF>AE</INF> is defined as:

E<INF>AE</INF>=(BOH<INF>R</INF>+BOH<INF>H</INF>)P<INF>E</INF> + 
E<INF>SO</INF>

Where:

BOH<INF>R</INF>= as defined in 4.6.1 of this appendix
BOH<INF>H</INF>= as defined in 4.6.1 of this appendix
P<INF>E</INF>= as defined in 3.1.3 of this appendix
E<INF>SO</INF> = as defined in 4.7 of this appendix
* * * * *
    4.7 Average annual electric standby mode and off mode energy 
consumption. Calculate the annual electric standby mode and off mode 
energy consumption, E<INF>SO</INF>, defined as, in kilowatt-hours:

E<INF>SO</INF> = ((P<INF>SB</INF> * (4160 - BOH)) + (P<INF>OFF</INF> 
* 4600)) * K

Where:

P<INF>SB</INF> = vented heater standby mode power, in watts, as 
measured in section 3.7
4,160 = average heating season hours per year
P<INF>OFF</INF> = vented heater off mode power, in watts, as 
measured in section 3.7
4,600 = average non-heating season hours per year
K = 0.001 kWh/Wh, conversion factor for watt-hours to kilowatt-
hours.
BOH = burner operating hours as calculated in section 4.6.1 where 
for single stage controls or manual controls vented heaters BOH = 
BOH<INF>SS</INF> and for vented heaters equipped with two stage or 
modulating controls BOH = (BOH<INF>R</INF> + BOH<INF>H</INF>).

    6. Appendix P to Subpart B of Part 430 is revised to read as 
follows:

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

    Note:  The procedures and calculations that refer to standby 
mode and off mode energy consumption (i.e., sections 2.2, 2.3, 3.2, 
4.2, 4.3, 5.3 equation (3), and 5.4 of this appendix P) need not be 
performed to determine compliance with energy conservation standards 
for pool heaters at this time. However, any representation related 
to standby mode and off mode energy consumption of these products 
made after [date 180 days after date of publication of the test 
procedure final rule in the Federal Register] must be based upon 
results generated under this test procedure, consistent with the 
requirements of 42 U.S.C. 6293(c)(2). After July 1, 2010, any 
adopted energy conservation standard shall incorporate standby mode 
and off mode energy consumption, and upon the compliance date for 
such standards, compliance with the applicable provisions of this 
test procedure will also be required.

    1. Definitions.
    1.1. Active mode means the condition during the pool heating 
season in which the pool heater is connected to the power source, 
and the main burner, electric resistance element, or heat pump is 
activated to heat pool water.
    1.2 IEC 62301 means the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301 First Edition 2005-06. (incorporated by reference; see Sec.  
430.3)
    1.3 Off mode means the condition during the non-pool heating 
season in which the pool heater is connected to the power source, 
and neither the main burner, electric resistance elements, nor heat 
pump is activated.
    1.4 Seasonal off switch means a switch present on the pool 
heater that effects a difference in off mode energy consumption as 
compared to standby mode energy consumption.
    1.5 Standby mode means the condition during the pool heating 
season in which the pool heater is connected to the power source, 
and neither the main burner, electric resistance elements, nor heat 
pump is activated.
    2. Test Method.
    2.1 Active mode. The test method for testing pool heaters in 
active mode is as specified in ANSI Z21.56 (incorporated by 
reference; see Sec.  430.3).
    2.2 Standby mode. The test method for testing the energy 
consumption of pool heaters in standby mode is as described in 
sections 3 through 5 below.
    2.3 Off mode.
    2.3.1 Pool heaters with a seasonal off switch.
    For pool heaters with a seasonal off switch, no off-mode test is 
required.
    2.3.2 Pool heaters without a seasonal off switch.
    For pool heaters without a seasonal off switch, the test method 
for testing the energy consumption of the pool heater is as 
described in sections 3 through 5 below.
    3. Test conditions.
    3.1 Active mode. Establish the test conditions specified in 
section 2.10 of ANSI Z21.56 (incorporated by reference; see Sec.  
430.3).
    3.2 Standby mode and off mode. Following the conclusion of the 
30-minute active mode test described in section 3.1, reduce the 
thermostat setting to a low enough temperature to put the pool 
heater into standby mode. Reapply the energy sources and operate the 
pool heater in standby mode for 60 minutes.
    4. Measurements.
    4.1 Active mode. Measure the quantities delineated in section 
2.10 of ANSI Z21.56 (incorporated by reference; see Sec.  430.3). 
The measurement of energy consumption for oil-fired pool heaters in 
Btu is to be carried out in appropriate units (e.g., gallons).
    4.2 Standby mode. Record the total electricity consumption 
during the standby mode test, E<INF>s</INF>, in Wh, in accordance 
with section 5 of IEC 62301 (incorporated by reference; see Sec.  
430.3) and the fossil fuel energy consumption during the standby 
test, Q <INF>p</INF>, in Btu. Ambient temperature and voltage 
specifications of ANSI Z21.56 (incorporated by reference; see Sec.  
430.3) shall apply to this standby mode testing.
    4.3 Off mode.
    4.3.1 Pool heaters with a seasonal off switch. For pool heaters 
with a seasonal off switch, the total electricity consumption during 
the off mode, E<INF>off</INF> = 0, and the fossil fuel energy 
consumed during the off mode, Q<INF>off</INF> = 0.
    4.3.2 Pool heaters without a seasonal off switch. Record the 
total electricity consumption during the standby/off mode test, 
E<INF>off</INF> (= E<INF>s</INF>), in Wh, in accordance with section 
5 of IEC 62301 (incorporated by reference; see Sec.  430.3), and the 
fossil fuel energy consumption during the off mode test, 
Q<INF>off</INF> (= Q<INF>p</INF>), in Btu. Ambient temperature and 
voltage specifications of ANSI Z21.56 (incorporated by reference; 
see Sec.  430.3) shall apply to this off mode testing.
    5. Calculations.
    5.1 Thermal efficiency. Calculate the thermal efficiency, 
E<INF>t</INF> (expressed as a percent), as specified in section 2.10 
of ANSI Z21.56 (incorporated by reference; see Sec.  430.3). The 
expression of fuel consumption for oil-fired pool heaters shall be 
in Btu.
    5.2 Average annual fossil fuel energy for pool heaters. The 
average annual fuel energy for pool heaters, E<INF>F</INF>, is 
defined as:


[[Page 52907]]


E<INF>F</INF> = BOH Q<INF>IN</INF> + (POH - BOH)Q<INF>PR</INF> + 
(8760 - POH) Q<INF>off,R</INF>
Where:

BOH = average number of burner operating hours = 104 h
POH = average number of pool operating hours = 4464 h
Q<INF>IN</INF> = rated fuel energy input as defined according to 
section 2.10.1 or section 2.10.2 of ANSI Z21.56 (incorporated by 
reference; see Sec.  430.3), as appropriate.
Q<INF>PR</INF> = average energy consumption rate of continuously 
operating pilot light, if employed, = (Q<INF>P</INF>/1 h)
Q<INF>P</INF> = energy consumption of continuously operating pilot 
light, if employed, as measured in section 4.2, in Btu
8,760 = number of hours in one year
Q<INF>off,R</INF> = average off mode fossil fuel energy consumption 
rate = Q<INF>off</INF>/(1 h)
Q<INF>off</INF> = off mode energy consumption as defined in section 
4.3 of this appendix
    5.3 Average annual auxiliary electrical energy consumption for 
pool heaters. The average annual auxiliary electrical energy 
consumption for pool heaters, E<INF>AE</INF>, is expressed in Btu 
and defined as:

(1) E<INF>AE</INF> = E<INF>AE,active</INF> + 
E<INF>AE,standby,off</INF>
(2) E<INF>AE,active</INF> = BOH * PE
(3) E<INF>AE,standby,off</INF> = (POH - BOH) E<INF>s,aux</INF> + 
(8760 - POH) E<INF>off,aux</INF>
Where:

E<INF>AE,active</INF> = auxiliary electrical consumption in the 
active mode
E<INF>AE,standby,off</INF> = auxiliary electrical consumption in the 
standby and off mode
PE = 2E<INF>c</INF>, if heater is tested according to section 2.10.1 
of ANSI Z21.56 (incorporated by reference; see Sec.  430.3), in Btu/
h
= 3.412 PE<INF>rated</INF>, if heater is tested according to section 
2.10.2 of ANSI Z21.56, in Btu/h
E<INF>c</INF> = electrical consumption of the heater (converted to 
equivalent unit of Btu), including the electrical energy to the 
recirculating pump if used, during the 30-minute thermal efficiency 
test, as defined in section 2.10.1 of ANSI Z21.56, in Btu per 30 
min.
2 = conversion factor to convert unit from per 30 min. to per h.
PE<INF>rated</INF> = nameplate rating of auxiliary electrical 
equipment of heater, in Watts
BOH = as defined in 5.2 of this appendix
POH = as defined in 5.2 of this appendix
E<INF>s,aux</INF> = electrical energy consumption rate during 
standby mode = 3.412 E<INF>s</INF>/(1 h), Btu/h
E<INF>s</INF> = as defined in 4.2 of this appendix
E<INF>off,aux</INF> = electrical energy consumption rate during off 
mode = 3.412 E<INF>off</INF>/(1 h), Btu/h
E<INF>off</INF> = as defined in 4.3 of this appendix
    5.4 Integrated thermal efficiency.
    5.4.1 Calculate the seasonal useful output of the pool heater 
as:

E<INF>OUT</INF> = BOH[(E<INF>t</INF>/100)(Q<INF>IN</INF> + PE)]

Where:

BOH = as defined in 5.2 of this appendix
E<INF>t</INF> = thermal efficiency as defined in 5.1 of this 
appendix
Q<INF>IN</INF> = as defined in 5.2 of this appendix
PE = as defined in 5.3 of this appendix
100 = conversion factor, from percent to fraction
    5.4.2 Calculate the annual input to the pool heater as:

E<INF>IN</INF> = E<INF>F</INF> + E<INF>AE</INF>

Where:

E<INF>F</INF> = as defined in 5.2 of this appendix
E<INF>AE</INF> = as defined in 5.3 of this appendix
    5.4.3 Calculate the pool heater integrated thermal efficiency 
(TE<INF>I</INF>) (in percent).

TE<INF>I</INF> = 100(E<INF>OUT</INF>/E<INF>IN</INF>)

Where:

E<INF>OUT</INF> = as defined in 5.4.1 of this appendix
E<INF>IN</INF> = as defined in 5.4.2 of this appendix
100 = conversion factor, from fraction to percent

[FR Doc. 2010-21363 Filed 8-27-10; 8:45 am]
BILLING CODE 6450-01-P


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