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.

Proposed Rules Federal Register

52892 

Vol. 75, No. 167 

Monday, August 30, 2010 

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. 

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: EISA-Heat-Equip-2010-TP0013@ee.doe.gov. 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: 

Mohammed.Khan@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. E-mail: 

Eric.Stas@hq.doe.gov. 

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: 

Brenda.Edwards@ee.doe.gov. 

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 FossilFuel 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 52893 

1All references to EPCA refer to the statute as 

amended, including through the Energy 

Independence and Security Act of 2007, Public Law 

110–140. 

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)) 

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
52894 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 

2 IEC standards are available for purchase at: 

http://www.iec.ch. 

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)). 

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 abovementioned 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 52895 

3EISA 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. 

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. 

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 fossilfuel 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 productspecific 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

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. Fossilfuel standby mode and off mode energy 

use is already integrated into the vented 

heater test procedure.4

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 ‘‘oncycle’’ 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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
52896 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 

5The only possible fossil fuel standby mode or off 

mode energy use for vented heaters would be the 

energy consumption associated with a constantburning 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. 

6Nameplate 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. 

7Each year comprises 8,760 hours—i.e. (365 

days/year) × (24 hours/day) = 8,760 hours/year. 

6295(gg)(1)(A)(iii)) The statutory 

definition of ‘‘standby mode’’ is 

comparable to what is referred to as ‘‘offcycle’’ 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 nonheating 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). 

The existing test procedure for vented 

heaters is a flue loss procedure which, 

accordingly, requires measurement of 

temperatures and percent 

concentrations of carbon dioxide (CO2) 

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 manuallycontrolled 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. 

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 offcycle provisions are essentially identical 

in meaning to the EISA 2007 statutory 

definitions of ‘‘active mode’’ and 

‘‘standby mode,’’ respectively. This oncycle/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 nonheating-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. 

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. 


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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. 

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. 

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 


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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 


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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 nonheating 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, fossilfueled 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 manuallycontrolled 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 fossilfuel 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 

(EFFYHS). 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 (QP), is 

included in the existing test procedure’s 

calculations of heating seasonal 

efficiency. The term Qp is currently 

included in the test procedures’ 

equations without a specified protocol 

to ascertain the value of Qp. No default 

value for Qp 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 


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52900 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 

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 


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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. 


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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 setup, 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-ofinformation 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 

Christine_J._Kymn@omb.eop.gov. 

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 


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(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, 


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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 handdeliver 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 Brenda.Edwards@ee.doe.gov. 

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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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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: 

§ 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. 

* * * * * 

§ 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 (Qp), with an error 

no greater than 3 percent, for unvented 

heaters so equipped. 

2.3.1 The measurement of Qp 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 (PSB) 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 § 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 PSB 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 § 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 


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not activated, measure the standby power 

(PSB) in accordance with the procedures in 

IEC 62301 (incorporated by reference, see 

§ 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 (POFF) in 

accordance with the standby power 

procedures in IEC 62301 (incorporated by 

reference, see § 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 POFF= PSB, 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 (EAE) is expressed in 

kilowatt-hours and defined as: 

EAE = BOHSSPE + ESO

Where: 

BOHSS = as defined in 4.6.1 of this appendix 

PE= as defined in 3.1.3 of this appendix 

ESO = as defined in 4.7 of this appendix 

4.6.3.1 For vented heaters with two stage 

or modulating controls, EAE is defined as: 

EAE=(BOHR+BOHH)PE + ESO

Where: 

BOHR= as defined in 4.6.1 of this appendix 

BOHH= as defined in 4.6.1 of this appendix 

PE= as defined in 3.1.3 of this appendix 

ESO = 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, ESO, 

defined as, in kilowatt-hours: 

ESO = ((PSB * (4160 ¥ BOH)) + (POFF * 4600)) 

* K 

Where: 

PSB = vented heater standby mode power, in 

watts, as measured in section 3.7 

4,160 = average heating season hours per year 

POFF = 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 = BOHSS and for vented 

heaters equipped with two stage or 

modulating controls BOH = (BOHR + 

BOHH). 

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 § 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 § 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 

§ 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 § 430.3). The 

measurement of energy consumption for oilfired 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, Es, in Wh, in accordance with 

section 5 of IEC 62301 (incorporated by 

reference; see § 430.3) and the fossil fuel 

energy consumption during the standby test, 

Q p, in Btu. Ambient temperature and voltage 

specifications of ANSI Z21.56 (incorporated 

by reference; see § 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, Eoff = 0, and the fossil 

fuel energy consumed during the off mode, 

Qoff = 0. 

4.3.2 Pool heaters without a seasonal off 

switch. Record the total electricity 

consumption during the standby/off mode 

test, Eoff (= Es), in Wh, in accordance with 

section 5 of IEC 62301 (incorporated by 

reference; see § 430.3), and the fossil fuel 

energy consumption during the off mode test, 

Qoff (= Qp), in Btu. Ambient temperature and 

voltage specifications of ANSI Z21.56 

(incorporated by reference; see § 430.3) shall 

apply to this off mode testing. 

5. Calculations. 

5.1 Thermal efficiency. Calculate the 

thermal efficiency, Et (expressed as a 

percent), as specified in section 2.10 of ANSI 

Z21.56 (incorporated by reference; see 

§ 430.3). The expression of fuel consumption 

for oil-fired pool heaters shall be in Btu. 

5.2 Average annual fossil fuel energy for 

pool heaters. The average annual fuel energy 

for pool heaters, EF, is defined as: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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EF = BOH QIN + (POH ¥ BOH)QPR + (8760 

¥ POH) Qoff,R

Where: 

BOH = average number of burner operating 

hours = 104 h 

POH = average number of pool operating 

hours = 4464 h 

QIN = rated fuel energy input as defined 

according to section 2.10.1 or section 

2.10.2 of ANSI Z21.56 (incorporated by 

reference; see § 430.3), as appropriate. 

QPR = average energy consumption rate of 

continuously operating pilot light, if 

employed, = (QP/1 h) 

QP = energy consumption of continuously 

operating pilot light, if employed, as 

measured in section 4.2, in Btu 

8,760 = number of hours in one year 

Qoff,R = average off mode fossil fuel energy 

consumption rate = Qoff/(1 h) 

Qoff = off mode energy consumption as 

defined in section 4.3 of this appendix 

5.3 Average annual auxiliary electrical 

energy consumption for pool heaters. The 

average annual auxiliary electrical energy 

consumption for pool heaters, EAE, is 

expressed in Btu and defined as: 

(1) EAE = EAE,active + EAE,standby,off

(2) EAE,active = BOH * PE 

(3) EAE,standby,off = (POH ¥ BOH) Es,aux + (8760 

¥ POH) Eoff,aux

Where: 

EAE,active = auxiliary electrical consumption 

in the active mode 

EAE,standby,off = auxiliary electrical 

consumption in the standby and off 

mode 

PE = 2Ec, if heater is tested according to 

section 2.10.1 of ANSI Z21.56 

(incorporated by reference; see § 430.3), 

in Btu/h 

= 3.412 PErated, if heater is tested according 

to section 2.10.2 of ANSI Z21.56, in 

Btu/h 

Ec = electrical consumption of the heater 

(converted to equivalent unit of Btu), 

including the electrical energy to the 

recirculating pump if used, during the 

30-minute thermal efficiency test, as 

defined in section 2.10.1 of ANSI Z21.56, 

in Btu per 30 min. 

2 = conversion factor to convert unit from per 

30 min. to per h. 

PErated = nameplate rating of auxiliary 

electrical equipment of heater, in Watts 

BOH = as defined in 5.2 of this appendix 

POH = as defined in 5.2 of this appendix 

Es,aux = electrical energy consumption rate 

during standby mode = 3.412 Es/(1 h), 

Btu/h 

Es = as defined in 4.2 of this appendix 

Eoff,aux = electrical energy consumption rate 

during off mode = 3.412 Eoff/(1 h), Btu/ 

h 

Eoff = as defined in 4.3 of this appendix 

5.4 Integrated thermal efficiency. 

5.4.1 Calculate the seasonal useful output 

of the pool heater as: 

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

Where: 

BOH = as defined in 5.2 of this appendix 

Et = thermal efficiency as defined in 5.1 of 

this appendix 

QIN = as defined in 5.2 of this appendix 

PE = as defined in 5.3 of this appendix 

100 = conversion factor, from percent to 

fraction 

5.4.2 Calculate the annual input to the 

pool heater as: 

EIN = EF + EAE

Where: 

EF = as defined in 5.2 of this appendix 

EAE = as defined in 5.3 of this appendix 

5.4.3 Calculate the pool heater integrated 

thermal efficiency (TEI) (in percent). 

TEI = 100(EOUT/EIN) 

Where: 

EOUT = as defined in 5.4.1 of this appendix 

EIN = as defined in 5.4.2 of this appendix 

100 = conversion factor, from fraction to 

percent 

[FR Doc. 2010–21363 Filed 8–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0107; Directorate 

Identifier 2007–NM–087–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 747–100, 747–100B, 

747–100B SUD, 747–200B, 747–200C, 

747–200F, 747–300, 747–400, 747– 

400D, 747–400F, 747SR, and 747SP 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Model 747–100, 747–100B, 

747–100B SUD, 747–200B, 747–200C, 

747–200F, 747–300, 747–400, 747– 

400D, 747–400F, 747SR, and 747SP 

series airplanes. The original NPRM 

would have required inspections for 

scribe lines in affected lap and butt 

splices, wing-to-body fairings locations, 

and external repair and cutout 

reinforcement areas; and related 

investigative and corrective actions if 

necessary. The original NPRM resulted 

from reports of scribe lines found at lap 

joints and butt joints, around external 

doublers and antennas, and at locations 

where external decals had been cut. 

This action revises the original NPRM 

by revising certain compliance times 

including reducing the compliance time 

for certain repetitive inspections. This 

supplemental NPRM also proposes to 

add inspections for certain airplanes. 

We are proposing this AD to detect and 

correct scribe lines, which can develop 

into fatigue cracks in the skin and cause 

sudden decompression of the airplane. 

DATES: We must receive comments on 

this supplemental NPRM by September 

24, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

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

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://www.regulations.

gov; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Han, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6449; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

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