[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Proposed Rules]
[Pages 36959-36971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17555]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-TP-0020]
RIN 1904-AB89


Energy Conservation Program for Consumer Products: Test 
Procedures for Residential Furnaces and Boilers

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

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: In order to implement recent amendments to the Energy Policy 
and Conservation Act (EPCA), the U.S. Department of Energy (DOE) 
proposes to amend its test procedures for residential furnaces and 
boilers to provide for measurement of standby mode and off mode energy 
consumption. Specifically, the proposed amendments would incorporate 
into the DOE test procedures the International Electrotechnical 
Commission's (IEC) Standard 62301, Household electrical appliances--
Measurement of standby power (First Edition 2005-06), as well as 
language to clarify application of this standard for measuring standby 
mode and off mode power consumption in furnaces and boilers. In 
addition, the proposed amendments would add new calculations to 
determine annual energy consumption associated with standby mode and 
off mode measured power. Finally, the amendments would modify existing 
energy consumption equations to integrate standby mode and off mode 
energy consumption into the calculation of overall annual energy 
consumption of

[[Page 36960]]

these products. DOE is also announcing a public meeting to discuss and 
receive comments on the issues presented in this notice.

DATES: DOE will hold a public meeting on Tuesday, August 18, 2009, 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., Tuesday, August 4, 2009. DOE must 
receive a signed original and an electronic copy of statements to be 
given at the public meeting before 4 p.m., Tuesday, August 11, 2009.
    DOE will accept comments, data, and information regarding the 
notice of proposed rulemaking (NOPR) before and after the public 
meeting, but no later than October 13, 2009. For details, see section 
V, ``Public Participation,'' of this NOPR.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. 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 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 Furnaces and Boilers, and provide the docket number 
EERE-2008-BT-TP-0020 and/or regulatory information number (RIN) 1904-
AB89. Comments may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#abf9ede986999b9b9386fffb869b9b999bebcece85cfc4ce85ccc4dd"><span class="__cf_email__" data-cfemail="eab8aca8c7d8dadad2c7bebac7dadad8daaa8f8fc48e858fc48d859c">[email protected]</span></a>. Include docket number EERE-
2008-BT-TP-0020 and/or RIN 1904-AB89 in the subject line of the 
message.
    3. 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, 6th Floor, 950 L'Enfant Plaza, 
SW., 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, 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. 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, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 586-7892. E-mail: 
<a href="/cdn-cgi/l/email-protection#dc91b3b4bdb1b1b9b8f297b4bdb29cb9b9f2b8b3b9f2bbb3aa"><span class="__cf_email__" data-cfemail="44092b2c25292921206a0f2c252a0421216a202b216a232b32">[email protected]</span></a>.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: <a href="/cdn-cgi/l/email-protection#5e1b2c373d700d2a3f2d1e362f703a313b70393128"><span class="__cf_email__" data-cfemail="eaaf988389c4b99e8b99aa829bc48e858fc48d859c">[email protected]</span></a>.
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail: 
<a href="/cdn-cgi/l/email-protection#6a28180f040e0b442f0e1d0b180e192a0f0f440e050f440d051c"><span class="__cf_email__" data-cfemail="5614243338323778133221372432251633337832393378313920">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Authority
II. Summary of the Proposal
III. Discussion
    A. EISA 2007 as Applied to Residential Furnaces and Boilers
    B. Gas and Oil Energy Consumption in the Furnace and Boiler Test 
Procedures
    C. Electrical Energy Accounting in the Existing Test Procedures 
for Gas-Fired and Oil-Fired Furnaces and Boilers
    D. Electrical Energy Accounting in the Existing Test Procedures 
for Electric Furnaces and Boilers
    E. Proposed Amendments
    F. Proposed Amendments' Relationship with Energy Conservation 
Standards and Overall Discussion of Electrical Energy Use in Energy 
Conservation Standards for Residential Furnaces and Boilers
    G. Active Mode Hours Approximated by Burner Operating Hours for 
Gas-Fueled or Oil-Fueled Furnaces and Boilers
    H. Active Mode Hours for Electric Furnaces and Boilers
    I. Measurement of Standby Mode and Off Mode Wattages
    J. Incorporation by Reference of IEC Standard 62301 (First 
Edition 2005-06) for Measuring Standby Mode and Off Mode Power 
Consumption in Furnaces and Boilers
    K. Compliance with Other EPCA Requirements
IV. Procedural Requirements
    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 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. Measurement of Standby Mode and Off Mode Wattages
    3. Proposed Amendments' Relationship with Energy Conservation 
Standards for Residential Furnaces and Boilers
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 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 furnaces and boilers 
(all of which are referenced below as ``covered products'').\1\ (42 
U.S.C. 6291(1)-(2) and 6292(a)(5))
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    \1\ All references to EPCA refer to the statute as amended 
through the Energy Independence and Security Act of 2007, Public Law 
110-140.
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    Under the Act, this program consists essentially of three parts: 
(1) Testing; (2) labeling; and (3) establishing Federal energy 
conservation standards. The testing requirements consist of test 
procedures that manufacturers of covered products must use as the basis 
for certifying to DOE that their products comply with applicable energy 
conservation standards adopted under EPCA and for representing the 
efficiency of those products. Similarly, DOE must use these test 
procedures to

[[Page 36961]]

determine whether the products comply with standards adopted under 
EPCA. Under 42 U.S.C. 6293, EPCA sets forth criteria and procedures for 
DOE's adoption and amendment of such test procedures. EPCA provides 
that ``[a]ny test procedures prescribed or amended under this section 
shall be reasonably designed to produce test results which measure 
energy efficiency, energy use, * * * or estimated annual operating cost 
of a covered product during a representative average use cycle or 
period of use, as determined by the Secretary [of Energy], and shall 
not be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In 
addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them, 
with a comment period no less than 60 or more than 270 days. (42 U.S.C. 
6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE 
must determine ``to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency * * * of any covered product 
as determined under the existing test procedure.'' (42 U.S.C. 
6293(e)(1)) If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2))
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007 
amendments to EPCA, in relevant part, require DOE to amend the test 
procedures for all covered products to include measures of standby mode 
and off mode energy consumption. Specifically, section 310 of EISA 2007 
provides definitions of ``standby mode'' and ``off mode'' (42 U.S.C. 
6295(gg)(1)(A)); however, the statute permits DOE to amend these 
definitions in the context of a given product (42 U.S.C. 
6295(gg)(1)(B)). The legislation requires integration of such energy 
consumption ``into the overall energy efficiency, energy consumption, 
or other energy descriptor for each covered product, unless the 
Secretary determines that--
    (i) The current test procedures for a covered product already fully 
account and incorporate the standby and off mode energy consumption of 
the covered product; or
    (ii) Such an integrated test procedure is technically infeasible 
for a particular covered product, in which case the Secretary shall 
prescribe a separate standby mode and off mode energy use test 
procedure for the covered product, if technically feasible.'' (42 
U.S.C. 6295(gg)(2)(A)).
    Under the statutory provisions introduced by EISA 2007, any such 
amendment must consider the most current versions of International 
Electrotechnical Commission (IEC) Standard 62301, Household electrical 
appliances--Measurement of standby power, (First Edition 2005-06) and 
IEC Standard 62087, Methods of measurement for the power consumption of 
audio, video, and related equipment (Second Edition, 2008-09).\2\ Id. 
For residential furnaces and boilers, DOE must prescribe any such 
amendment to the test procedures by September 30, 2009. (42 U.S.C. 
6295(gg)(2)(B)(iv))
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    \2\ IEC standards are available for purchase at: http://www.iec.ch.
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    DOE's current test procedure for residential furnaces and boilers 
is found at 10 CFR part 430, subpart B, appendix N, Uniform Test Method 
for Measuring the Energy Consumption of Furnaces and Boilers. DOE 
established its test procedures for furnaces and boilers in a final 
rule published in the Federal Register on May 12, 1997. 62 FR 26140. 
This procedure establishes a means for determining annual energy 
efficiency and annual energy consumption of gas-fired, oil-fired, and 
electric furnaces and boilers. It is important to note that gas-fired 
and oil-fired furnaces and boilers consume both fossil fuel and 
electricity. Electric furnaces and boilers only consume electricity. In 
this test procedure, fossil-fuel energy consumption is accounted for 
comprehensively over a full-year cycle, thereby satisfying EISA 2007 
requirements for fossil-fuel standby mode and off mode energy 
consumption. However, electrical energy consumption in standby mode and 
off mode is not accounted for in the current test procedures.

II. Summary of the Proposed Rule

    First, today's NOPR tentatively concludes that, for gas-fired and 
oil-fired furnaces and boilers, the current test procedures already 
fully account for and incorporate the standby mode and off mode fossil-
fuel energy consumption. (42 U.S.C. 6295(gg)(2)(A)(i))
    Second, since standby mode and off mode electrical energy 
consumption are not included in the existing test procedures, today's 
NOPR proposes to amend the test procedures for residential furnaces and 
boilers to address the statutory requirement to incorporate standby 
mode and off mode electrical energy consumption. Specifically, 
measurement procedures would be added, and annual energy consumption 
equations would be expanded to include standby mode and off mode 
electrical energy use. In addition, it is noted that one applicable 
energy efficiency descriptor (i.e., Energy Factor) would automatically 
reflect incorporation of standby mode and off mode energy use, without 
the need for specific amendment.
    In amending the current test procedures, DOE proposes to 
incorporate by reference IEC Standard 62301, Household electrical 
appliances--Measurement of standby power (First edition, 2005-06), 
regarding test conditions and testing procedures for measuring the 
average standby and off mode power.\3\ DOE also proposes to incorporate 
into the test procedure clarifying definitions of ``active mode,'' 
``standby mode,'' and ``off mode'' that are specific to furnaces and 
boilers but consistent with definitions for those terms set forth in 
the EISA 2007 amendments to EPCA. Further, DOE proposes to include in 
the test procedures additional language that would clarify the 
application of IEC Standard 62301 for measuring standby mode and off 
mode power consumption. (42 U.S.C. 6295(gg)(1)(A))
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    \3\ EISA 2007 directs DOE to also consider IEC Standard 62087 
when amending its test procedures to include standby mode and off 
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC 
Standard 62087 addresses the methods of measuring the power 
consumption of audio, video, and related equipment. As explained 
subsequently in this notice, the narrow scope of this particular IEC 
Standard reduces its relevance to today's proposal.
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    The EISA 2007 amendments to EPCA direct DOE to amend the furnace 
and boiler test procedures to integrate standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor for these products, if 
technically feasible. If that is not technically feasible, DOE must 
instead prescribe a separate standby mode and off mode energy use test 
procedure, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) \4\ DOE 
believes that it is technically feasible to integrate standby mode and 
off mode energy consumption into the descriptors found in the existing 
furnace and boiler test procedures. Accordingly, today's

[[Page 36962]]

proposal would integrate standby mode and off mode energy consumption 
into the test procedures' overall annual energy consumption equations. 
However, it is important to note that DOE is not proposing amendments 
to the current regulating quotient specified under EPCA, Annual Fuel 
Utilization Efficiency (AFUE), because that metric currently accounts 
for fossil fuel energy consumption in standby mode and off mode but is 
not suitable for measurement of electrical energy consumption in those 
modes. (42 U.S.C. 6291(22)) A full discussion of the reasoning for not 
fully integrating standby and off mode energy into the current 
regulating quotient, AFUE, is provided in section III.F below.
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    \4\ In either case, for the reasons explained below, these new 
modes (i.e., standby mode and off mode) would be fully accounted for 
in the residential furnace and boiler test procedure, but they might 
not be fully accounted for in the regulating metric (annual fuel 
utilization efficiency) set by statute. Instead, it may be necessary 
to specify integrated metrics by fuel type (i.e., fossil fuel versus 
electricity).
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    EPCA provides that amendments to the test procedures that include 
standby mode and off mode energy consumption will not be used to 
determine compliance with previously established standards. (See 42 
U.S.C. 6295(gg)(2)(C).) Furthermore, EPCA requires DOE to determine 
whether a proposed test procedure amendment would alter the measured 
efficiency of a product, and require adjusting existing standards. (42 
U.S.C. 6293(e)) However, the current Federal energy conservation 
standards for furnaces and boilers utilize an energy efficiency 
descriptor that would be unaffected by the inclusion of new provisions 
in the test procedures meeting the requirements of EISA 2007 and 
pertaining to standby mode and off mode energy consumption. Therefore, 
today's notice would not affect a manufacturer's ability to demonstrate 
compliance with previously established standards.
    These amended test procedures would become effective 30 days after 
the date of publication in the Federal Register of the final rule in 
this test procedures rulemaking. However, DOE's amended test procedure 
regulations codified in the CFR would clarify that the procedures and 
calculations for electrical standby mode and off mode energy 
consumption need not be performed to determine compliance with the 
current energy conservation standards for residential furnaces and 
boilers, because the current energy conservation standards do not 
account for electrical standby mode and off mode power consumption. 
Instead, manufacturers would be required to use the test procedures' 
electrical standby mode and off mode provisions to demonstrate 
compliance with DOE's energy conservation standards on the compliance 
date of any final rule establishing amended energy conservation 
standards for these products that address standby mode and off mode 
power consumption.

III. Discussion

A. EISA 2007 as Applied to Residential Furnaces and Boilers

    As a first step in addressing the requirements of EISA 2007, the 
relevant terms and concepts from that statute need clarification as 
they apply to residential furnaces and boilers. While EISA 2007 
provided definitions and concepts that are generally applicable and 
workable within the context of the existing furnace and boiler test 
procedure, some clarifying language is necessary to address the 
specific characteristics of the products relevant to this rulemaking. 
The following paragraphs discuss these proposed clarifications.
    Section 310(3) of EISA 2007 defines ``active mode'' as ``* * * the 
condition in which an energy-using product--(I) is connected to a main 
power source; (II) has been activated; and (III) provides 1 or more 
main functions.'' (42 U.S.C. 6295(gg)(1)(A)(i)) This statutory 
definition of ``active mode'' is comparable to what is referred to as 
``on-cycle'' in the current residential furnaces and boilers test 
procedures. (ANSI/ASHRAE Standard 103-1993, Method of Testing for 
Annual Fuel Utilization Efficiency of Residential Central Furnaces and 
Boilers) On-cycle is the period during the heating season when the 
furnace or boiler is performing its main function (i.e., heat 
delivery). The heat delivery process begins with the activation of the 
burner or electric resistance heating element followed by, or 
simultaneous with, the activation of circulating fans or pumps, and 
ends with the deactivation of these components. As discussed in section 
III.G below, the duration of on-cycle can be estimated in the test 
procedure as burner operating hours (BOH).
    In light of the above, DOE is proposing to add a definition of 
``active mode'' in the furnace and boiler test procedure. See section 
2.6 of Appendix N to subpart B of part 430.
    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. 
6295(gg)(1)(A)(iii)) The statutory definition of ``standby mode'' is 
comparable to what is referred to as ``off-cycle'' in the current 
residential furnace and boiler test procedure. The duration of off-
cycle would be the total time during the heating season when the 
furnace or boiler is connected to power sources and not in active mode.
    In light of the above, DOE is proposing to add a definition of 
``standby mode'' in the furnace and boiler test procedure. See section 
2.7 of Appendix N to subpart B of part 430.
    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 residential furnaces and 
boilers, off mode would be periods during the non-heating season where 
the furnace or boiler is connected to power sources but is not 
activated to provide heat. This period is called non-heating season in 
the test procedures.
    In light of the above, DOE is proposing to add a definition of 
``off mode'' in the furnace and boiler test procedure: See section 2.8 
of Appendix N to subpart B of part 430.
    DOE believes these proposed definitions provide the clarification 
necessary to carry out the requirements of EISA 2007 without unduly 
complicating matters by addressing possible inaccuracies such as those 
that might be caused by slight differences in run times for burners and 
air circulating fans. DOE requests comments on this approach for 
characterizing active, standby, and off mode operation of residential 
furnaces and boilers.

B. Gas and Oil Energy Consumption in the Furnace and Boiler Test 
Procedures

    DOE is tentatively concluding that the existing test procedures for 
residential furnaces and boilers already fully account for and 
integrate standby mode and off mode fossil fuel energy consumption for 
gas-fired and oil-fired furnaces and boilers. Underlying the basis for 
this conclusion is the manner in which fossil fuel is accounted for in 
two of the test procedure's three annual efficiency metrics (i.e., 
heating seasonal efficiency and AFUE). The third annual efficiency 
metric (Energy Factor), as mentioned above, has an accounting of 
electrical energy consumption for gas-fired and oil-fired furnaces and 
boilers and will be discussed in detail in proceeding sections of this 
document.
    The existing test procedure for gas-fired and oil-fired furnaces 
and boilers specifies a flue loss test that is augmented by 
calculations of jacket loss

[[Page 36963]]

and latent heat loss. Accordingly, the test procedure requires 
measurement of temperatures and percent concentration of carbon dioxide 
(CO<INF>2</INF>) in the flue. CO<INF>2</INF> measurements are used to 
infer how complete the combustion process is and how much excess air is 
passing through the appliance and into the flue. Temperature 
measurements are used to infer the value of the heat energy in this air 
flow through the flue. The product's fossil fuel and electric input is 
measured within a tolerance of the nameplate input.\5\ As specified in 
the ASHRAE 103-1993, temperature and CO<INF>2</INF> measurements are 
taken during a sequencing of three standardized tests: (1) Steady-
state; (2) cool-down; (3) and heat-up. These tests generally represent 
the cycling encountered when the furnace or boiler is in operation. The 
result is a uniform set of temperature and CO<INF>2</INF> measurements 
which can be used to capture the thermal performance of the tested 
unit. From this relatively limited set of test data, on-cycle and off-
cycle losses are determined using integration coefficients and a 
complete suite of calculations that address various installations and 
design features. Additional testing and calculation may apply to some 
furnaces and boilers with certain design features (e.g., condensate 
collection for condensing units, and direct measurement of draft 
coefficients for units that restrict combustion side air flow during 
the off cycle).
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    \5\ Nameplate input is the energy supply rate in Btu's per hour 
which is physically listed on the tested furnace or boiler. Testing 
at this input would be the most appropriate and consistent way to 
specify a uniform test input rate.
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    The on-cycle and off-cycle losses, along with jacket loss and 
latent heat loss, are all expressed as a percentage loss relative to 
the input energy.
    The resulting general format for the heating seasonal efficiency is 
as follows:

Effy<INF>hs</INF> = 100 - L<INF>L,A</INF> - L<INF>j</INF> - 
L<INF>s, on</INF> - L<INF>s,off</INF> - L<INF>i, on</INF> - 
L<INF>i,off</INF>

where:

L<INF>L,A</INF> = average latent heat loss of the fuel
L<INF>j</INF> = jacket heat loss
L<INF>s,on</INF> = on-cycle sensible heat loss \6\
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    \6\ Sensible heat loss is the energy loss associated with the 
elevated temperature (as ``sensed'' by a thermometer) of the exiting 
flue gases.
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L<INF>s,off</INF> = off-cycle sensible heat loss
L<INF>i,on</INF> = on-cycle infiltration loss \7\
---------------------------------------------------------------------------

    \7\ Infiltration loss is the energy loss associated with the 
added leakage a home would experience because of the exiting flue 
gases.
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L<INF>i,off</INF> = off-cycle infiltration loss

    The test procedure's on-cycle and off-cycle are essentially 
identical in meaning to EISA 2007's ``active mode'' and ``standby 
mode,'' respectively. There are some minor differences, resulting from 
the nature of a flue loss methodology. For example, the 
L<INF>s,off</INF> is the quantification of the sensible heat loss 
occurring during the off-cycle, not the energy input consumed during 
the off-cycle, which would more closely track the EISA 2007 ``standby 
mode'' definition. Nonetheless, the test procedure's on-cycle/off-cycle 
format, coupled with the clarifying definitions of ``active mode'' and 
``standby mode,'' provides a complete accounting of fossil fuel energy 
loss during the entire heating season. In EISA 2007 terminology, both 
active and standby modes of fossil fuel consumption are fully accounted 
for and integrated into the Heating Seasonal Efficiency descriptor.
    A second efficiency descriptor, AFUE, includes an accounting of the 
non-heating season fossil fuel energy consumption (i.e., pilot light 
non-heating energy consumption). Non-heating season directly relates to 
the EISA 2007 definition of ``off mode.'' Accordingly, AFUE provides a 
full accounting of fossil fuel off mode energy consumption pursuant to 
EISA 2007.
    In addition to the efficiency descriptors discussed above, the test 
procedure's annual energy consumption calculations also represent a 
complete accounting of fossil fuel consumption.
    In sum, the energy consumption equations in the existing test 
procedures are an entire year's accounting of fossil fuel consumption 
(i.e., 8,760 hours), which includes active, standby, and off mode 
energy consumption, as envisioned under EISA 2007.\8\ 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, 
standby, and off modes together into an entire year's accounting.
---------------------------------------------------------------------------

    \8\ Each year comprises 8,760 hours--i.e., (365 days/year) x (24 
hours/day) = 8,760 hours/year.
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    In consideration of all of the above, and pursuant to section 
310(2)(A)(i) of EISA 2007, DOE has tentatively concluded that the 
existing test procedures for residential furnaces and boilers already 
fully account for and integrate standby mode and off mode fossil-fuel 
energy consumption.

C. Electrical Energy Accounting in the Existing Test Procedures for 
Gas-Fired and Oil-Fired Furnaces and Boilers

    The treatment of electricity consumption in the test procedures for 
residential gas-fired and oil-fired furnaces and boilers begins with 
the measurement of full-load wattages of major electrical components, 
referred to as ``auxiliaries'' in that document. These measurements are 
termed ``PE'' and ``BE'' in the test procedures. ``PE'' is the electric 
power to the power burner, and ``BE'' is the electrical power to the 
conditioned air blower for furnaces, or, electrical power to the 
circulating pump for boilers. A separate measure of power to the 
interrupted ignition device, ``PE<INF>IG,</INF>'' is required if such 
device is present. These wattage values are used in calculations of 
annual energy consumption of electricity.
    Estimation of annual electricity consumption from full-load 
wattages involves a complicated set of equations that estimate the 
expected annual hours of use or run hours for the electric auxiliaries. 
In performing such calculation, the test procedure begins with an 
estimate of the average burner operating hours that would be required 
to meet a representative annual heating demand. Generally, the 
auxiliary run hours would equal burner operating hours if there were no 
time delays or overruns for the auxiliaries. The test procedure 
requires measurement or assignment of time delays and overruns. The 
resulting proportioning of auxiliaries runtime to burner runtime is 
used to provide an estimate of annual electrical power consumption. For 
example, if a blower runs 10 percent more than the burner, the annual 
hours of blower runtime is 1.1 times the burner operating hours. The 
product of the blower runtime ratio, burner operating hours, and the 
measured wattage results in an estimate of annual electrical energy 
consumption for the blower.
    A complicating factor is the heating effect provided by the 
electrical auxiliaries. Explaining further, if some of the heat 
produced by the electric auxiliaries is deemed useful heat to the 
house, this heat energy is credited in the burner operating hours 
calculation as useful heat. In performing such calculation, the test 
procedure first establishes which auxiliaries provide useful heat. For 
example, the blower fan on a forced air furnace is credited fully as 
useful heat. For indoor installed units, induced draft and forced draft 
fans are partially credited (differently) based on the efficiency of 
the motor.\9\ The partial credit relates to the determination of 
whether the heat caused by the electric motor inefficiencies 
contributes to heating a space. For units installed in isolated 
combustion systems, no useful heat is

[[Page 36964]]

ascribed to induced draft or forced draft fans. After these 
determinations and assignments, the test procedure calculates the 
adjusted burner operating hours that reflect the offset of heating load 
attributed to the useful heating effect of the electrical auxiliaries.
---------------------------------------------------------------------------

    \9\ An induced draft fan draws air into the combustion chamber. 
In contrast, a forced draft fan forces air into the combustion 
chamber.
---------------------------------------------------------------------------

    The annual fuel consumption, ``E<INF>F</INF>,'' which is adjusted 
for electrical heat offset, and annual auxiliary electrical energy 
consumption, ``E<INF>AE,</INF>'' are then used to calculate annual 
operating cost. Additionally, E<INF>F</INF> and E<INF>AE</INF> are used 
in an energy efficiency descriptor, Energy Factor (EF). Energy Factor 
is the ratio of useful output provided by the fossil fuel to the total 
site energy consumption.
    This characterization of the electric auxiliaries for gas-fired and 
oil-fired furnaces and boilers is best described in EISA 2007 
terminology as ``active mode.'' The accounting done in the existing 
test procedures only reflects the ``on'' period of the electric 
auxiliaries. There is no measurement or accounting of the electricity 
used in standby mode or off mode in the existing test procedures for 
gas-fired and oil-fired furnaces and boilers. Accordingly, in this 
notice, DOE is proposing added measurement provisions and expanded 
calculation procedures to account for electricity used in standby mode 
and off mode.

D. Electrical Energy Accounting in the Existing Test Procedures for 
Electric Furnaces and Boilers

    The existing test procedure for electric furnaces and boilers 
requires a measurement of full-load electrical input (E<INF>in</INF>). 
This value is then used to calculate annual energy consumption and 
costs. The efficiency is assumed to be 100 percent for indoor units, 
because it is assumed all input energy is delivered to the heated space 
as useful heat. The efficiency for outdoor units is reduced by an 
assigned or measured jacket loss.
    As with fossil-fueled furnaces and boilers, the measurement of 
E<INF>in</INF> and the associated accounting is best described in EISA 
2007 terminology as ``active mode.'' There is no measurement or 
accounting of standby mode or off mode in the existing test procedures 
for electric furnaces and boilers. Accordingly, in this notice, DOE is 
proposing added measurement provisions and expanded calculation 
procedures to account for electricity used in standby mode and off 
mode.

E. Proposed Amendments

    Because the current test procedures do not account for electricity 
consumption in standby mode and off mode, the residential furnace and 
boiler test procedures require amendment. First, measurements for 
standby mode and off mode electrical consumption rates (i.e., wattages) 
are needed. To this end, DOE proposes to add a new subsection to the 
furnace and boiler test procedure. Specifically, separate measurements 
of standby mode and off mode wattages would be added to section 8.0, 
Test procedure, of 10 CFR part 430, subpart B, appendix N. These 
provisions would reference IEC Standard 62301 for the measurement 
methodology 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 as to the requirement for separate 
measurements is provided in the discussion in section III.I.
    Second, the test procedure needs to specify the method for 
calculation of the annual standby mode and off mode electric energy 
consumption from the measured wattages. To this end, DOE proposes to 
add a new calculation subsection in section 10, Calculation of derived 
results from test measurements, of 10 CFR part 430, subpart B, appendix 
N. The proposed new subsection would be designated as 10.9, Average 
annual electric standby and off mode energy consumption. This added 
subsection would determine mode hours consistent with the annual 
accounting already in the furnace and boiler test procedure (i.e., the 
8,760 hours accounting). Specifically, off mode hours would be assigned 
the current test procedure's value for non-heating season hours (4,600 
hours; see ASHRAE 103-1993, section 11.2.12). ``Standby mode hours'' 
would be defined as the difference between the test procedure's value 
for heating season hours (4,160 hours, i.e, the numerical difference 
between total hours in a year and non-heating season hours) and the 
active mode hours. Active mode hours would be estimated as the tested 
unit's burner operating hours (BOH) for fossil-fueled furnaces and 
boilers, as discussed in section III.F below. Electric furnaces and 
boilers do not have a test procedure value for burner operating hours, 
so a calculated estimate of electric furnace and boiler active mode 
hours would be provided in this new subsection, as discussed in section 
III.G below.
    Third, because it is technically feasible to do so, the test 
procedures must integrate the annual standby mode and off mode energy 
consumption into the existing calculations for annual energy 
consumption. To this end, DOE proposes to modify the equations in 
existing section 10.2.3, Annual auxiliary electrical energy consumption 
for gas and oil fueled furnaces or boilers, section 10.3, Average 
annual electric energy consumption for electric furnaces and boilers, 
10.5.2 Average annual auxiliary electrical energy consumption for gas 
or oil-fueled furnaces and boilers located in a different geographic 
region of the United States and in buildings with different design 
heating requirements, and section 10.5.3, Average annual electric 
energy consumption for electric furnaces and boilers located in a 
different geographic region of the United States and in buildings with 
different design heating requirements. The proposed modifications would 
simply add the calculated annual standby mode and off mode electrical 
energy consumption to the existing calculations of annual electrical 
energy consumption. No changes to the current regulating quotient, 
AFUE, are proposed.
    Finally, definitions would be added, as discussed in section III.A 
above, to clarify the application of these amendments.
    An important implication resulting from these proposed 
modifications is that for fossil-fueled furnaces and boilers, the 
electrical standby mode and off mode energy consumption would be 
integrated automatically into the efficiency descriptor Energy Factor. 
Energy Factor is the ratio of annual fuel output of useful heat 
delivered to the heated space to the total annual energy consumption of 
both fossil fuel and electricity. Because annual electrical consumption 
would be increased due to the inclusion of standby mode and off mode 
consumption, the Energy Factor numerical value for residential furnaces 
and boilers will decrease.

F. Proposed Amendments' Relationship With Energy Conservation 
Standards, and Overall Discussion of Electrical Energy Use in Energy 
Conservation Standards for Residential Furnaces and Boilers

    Section 310 of EISA 2007 requires two distinct activities relative 
to standby mode and off mode energy use. First, test procedures for all 
covered products must be amended to incorporate a means for measuring 
standby mode and off mode energy use, if such means are not already 
incorporated, by September 30, 2009. Second, any revised or new energy 
conservation standard adopted after July 1, 2010 must incorporate 
standby mode and off mode energy use by a single amended or new 
standard, if feasible; if that is not feasible, the standby mode and 
off mode energy use

[[Page 36965]]

shall be regulated under a separate standard. (42 U.S.C. 6295(gg)(3))
    The current energy conservation standard for residential furnaces 
and boilers is expressed in terms of AFUE, defined in 42 U.S.C. 
6291(20) as the efficiency descriptor from the test procedures 
prescribed in section 6293. The definition of ``efficiency descriptor'' 
at 42 U.S.C. 6291(22) specifically identifies AFUE as the regulatory 
metric for furnaces. DOE prescribed an amended AFUE-based standard for 
furnaces and boilers in 2007. 72 FR 65136 (Nov. 19, 2007). As noted 
above, AFUE is a specific test procedure efficiency descriptor that 
does not incorporate any active, standby, or off mode electricity 
consumption. Since EISA 2007 requires any energy conservation standard 
adopted after July 1, 2010 to incorporate standby mode and off mode 
energy use, any future furnace/boiler energy conservation standard 
adopted after July 1, 2010 based solely on the existing AFUE equation 
would not satisfy the requirements of EISA 2007.
    Therefore, the current rulemaking proposes amendments to the 
furnace and boiler test procedures that fully address the first EISA 
2007 requirement to include standby mode and off mode energy 
consumption into the test procedures. Specifically, today's notice 
proposes to add new measurement procedures and to expand the annual 
energy consumption equations to include electrical standby mode and off 
mode energy use. (As discussed earlier in section III.B above, the 
current test procedure and AFUE already incorporate standby and off 
mode energy consumption applicable to fossil fuel use.) In the proposed 
amendments, electrical standby mode is defined as the off period during 
the heating season, and off mode is defined as the entire non-heating 
season. Taken together, these proposed amendments, when coupled with 
what is already measured in the existing procedures, would provide a 
full year's accounting of the energy consumption that section 310 of 
EISA 2007 requires each test procedure to include.
    As mentioned above in III.F, in addition to this energy consumption 
accounting, one of the energy efficiency descriptors for these products 
(i.e., Energy Factor) would automatically reflect incorporation of 
electrical standby mode and off mode energy use without the need for 
specific amendment. This is because annual electricity consumption, 
which would be amended to include standby mode and off mode energy 
consumption and to provide a more comprehensive measurement, is part of 
the Energy Factor quotient. This increase in the calculated annual 
electrical consumption would, in turn, reduce slightly the Energy 
Factor numerical value. Energy Factor, as a stand-alone measurement, is 
not currently used to set standards for this product.
    In addition, EISA 2007 amended 42 U.S.C. 6295(f)(4)(D) to require 
the Secretary to consider and prescribe furnace energy conservation 
standards or energy use standards for electricity used for purposes of 
circulating air through ductwork by December 31, 2013. (42 U.S.C. 
6295(f)(4)(D)). DOE notes that there is some ambiguity associated with 
the language of this statutory provision. This language might appear to 
some as requiring DOE to prescribe a limited, separate standard that 
only addresses the active mode electricity used by the circulating fan 
on furnaces. Interpreting the statutory text in this manner would 
exclude the electricity energy consumption of boilers and the 
electricity consumption of furnace auxiliaries other than circulating 
fans. Although DOE plans to consider the scope of the statutory mandate 
under 42 U.S.C. 6295(f)(4)(D) in a subsequent standards rulemaking, 
today's proposed test procedure amendments are expected to be capable 
of addressing the range of electricity-consuming components for these 
products. Standard-setting issues, including any necessary additional 
test procedure modifications subsequently identified, will be fully 
addressed in that later standards rulemaking.

G. Active Mode Hours Approximated by Burner Operating Hours for Gas-
Fueled or Oil-Fueled Furnaces and Boilers

    As mentioned above in section III.E, today's proposal would assume 
that active mode hours of a particular furnace or boiler are equal to 
its burner operating hours (BOH). BOH is a calculated value in the 
existing test procedure for residential gas-fueled and oil-fueled 
furnaces and boilers. 10 CFR Part 430, Subpart B, Appendix N, section 
10.2. BOH is determined by a complicated calculation procedure that 
starts with an estimate of the expected annual heating load and deduces 
the burner on hours necessary to generate 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. To 
some, this might indicate a need to separately account for the standby 
mode and off mode energy use for each electrical auxiliary. As 
explained below, although these differences in active mode hours are 
accounted for in the test procedures, a separate accounting of each 
auxiliary's standby mode and off mode energy consumption is 
impracticable. For most furnaces and boilers, a single measured standby 
electrical wattage cannot be attributed to a particular auxiliary. In 
other words, since most furnaces and boilers have multiple electrical 
components, the measured standby mode or off mode wattage cannot easily 
be parsed out among multiple electrical components even if the exact 
active mode run hours for each component are known. The most precise 
approach to address this problem would be to abandon the BOH assumption 
of active mode for all auxiliaries and measure separately all the 
possible combinations of auxiliaries in active mode and ascribe 
different active mode hours and corresponding standby mode hours for 
each combination. However, such approach would result in a major 
increase in measurement and calculation complexity.
    In addition, a possible slight inaccuracy resulting from the BOH 
assignment for active mode hours would 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 average BOH of 800 hours, the corresponding standby mode 
and off mode hours would be 7,960 hours (8,760 - 800)--a one percent 
error in BOH is a 0.1 percent error in standby mode and off mode 
accounting. Therefore, considering the impracticability of separate 
accounting of each auxiliary with no significant improvement in 
accuracy, DOE maintains that assigning active mode hours for all 
electrical auxiliaries as burner operating hours is appropriate and 
reasonable.

H. Active Mode Hours for Electric Furnaces and Boilers

    The test procedures for residential electric furnaces and boilers 
do not have a calculation for burner operating hours. Since there is 
only one energy source and the efficiency is simply assigned, the 
current test procedure for electric furnaces and boilers calculates 
annual energy consumption directly from input energy measurements. 
Therefore, the option to use the test procedure value of burner 
operating hours to approximate active mode hours is not applicable. 
Today's proposal would include a separate calculation to estimate 
active

[[Page 36966]]

mode hours for electric furnaces and boilers. The calculation is simply 
the quotient of the expected annual heating load (in Btu's) and the 
measured electrical input (in Btu's/hour). This results in an estimate 
of active mode hours which is consistent with the EISA 2007 
definitions, and, since this calculation is nearly identical to that 
used for gas-fueled and oil-fueled furnaces and boilers, the resulting 
estimate is essentially equivalent to BOH for gas-fueled and oil-fueled 
furnaces and boilers.

I. Measurement of Standby Mode and Off Mode Wattages

    Today's proposed amendments allow for a single wattage 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 furnace and boiler 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 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 a 
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 known 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.

J. Incorporation by Reference of IEC Standard 62301 (First Edition 
2005-06) for Measuring Standby Mode and Off Mode Power Consumption in 
Furnaces and Boilers

    As noted previously, EPCA, as amended by EISA 2007, requires that 
test procedures ``shall be amended pursuant to section 323 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 proposed amendments would reference IEC 
Standard 62301 in terms of the methodology to obtain the standby mode 
and off mode measured wattage. The 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 reviewed IEC Standard 62301 and sees no need to 
modify or eliminate any existing IEC provisions. IEC Standard 62301's 
provisions pertaining to supply voltage waveform and power measurement 
accuracy apply to any measurement of low electrical power, including 
the low power measurement expected during furnace and boiler standby 
mode and off mode operation. The IEC Standard 62301 is concise and well 
organized and should not pose a significant burden to the furnace and 
boiler manufacturers or the associated testing industry.
    DOE also reviewed IEC Standard 62087, which specifies methods of 
measurement for the power consumption of television receivers, video 
cassette recorders, 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 appliances such as 
furnaces. Therefore, DOE determined that IEC Standard 62087 was not 
applicable to this rulemaking.
    Finally, DOE recognizes that the IEC is currently developing an 
updated test procedure, IEC Standard 62301 (Ed. 2.0), which would 
include definitions of ``off mode,'' ``network connected standby 
mode,'' and ``disconnected mode,'' and which would also revise the 
current IEC Standard 62301 definition of ``standby mode.'' Given the 
definitions proposed in this NOPR which are tailored to address 
furnaces and boilers, DOE does not believe that these IEC modifications 
would likely impact or improve the amendments proposed here, because 
the measurement provisions of IEC Standard 62301, which are needed to 
implement EISA 2007 for furnaces and boilers, are not expected to 
change appreciably. Therefore, DOE does not plan to wait for such 
amendments, particularly given the upcoming statutory deadline. Thus, 
DOE plans to use the current version of IEC Standard 62301 in today's 
proposed test procedure. After the final rule is published, further 
amendments to the referenced IEC standard by the standard-setting 
organization would become part of the DOE test procedure only if DOE 
subsequently amends the test procedure to incorporate them through a 
separate rulemaking.

K. Compliance With Other EPCA Requirements

    EPCA requires that ``[a]ny test procedures prescribed or amended 
under this section shall be reasonably designed to produce test results 
which measure energy efficiency, energy use * * * or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use * * * and shall not be unduly burdensome to 
conduct.'' (42 U.S.C. 6293(b)(3)). For the reasons that follow, DOE 
believes that the incorporation of IEC Standard 62301, along with the 
modifications and additional calculations described above, would 
satisfy this requirement.
    Today's proposed amendments to the DOE test procedure would 
incorporate a test standard that is widely accepted and used 
internationally to measure electric power in standby mode and off mode. 
Based on its analysis of IEC Standard 62301, DOE determined that the 
test methods and equipment that the amendment would require for 
measuring standby power do not differ substantially from the test 
methods and equipment in the current DOE test procedure for furnaces 
and boilers. Therefore, testing of furnaces and boilers pursuant to 
today's proposed amendments would not require any significant 
investment in test facilities or new equipment. In addition, the 8,760-
hour accounting described above constitutes a full accounting of the 
annual energy consumption for furnaces and boilers. For these reasons, 
DOE has concluded that the amended test procedure would produce test 
results that yield energy consumption values of a covered product 
during a representative period of use, and that the test procedure 
would not be unduly burdensome to conduct.

IV. Procedural Requirements

A. Review Under Executive Order 12866

    Today's regulatory action is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
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

[[Page 36967]]

of an initial regulatory flexibility analysis for any rule that by law 
must be proposed for public comment, unless the agency certifies that 
the rule, if promulgated, will not have a significant economic impact 
on a substantial number of small entities. 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 
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 prescribes amendments to test 
procedures that will be used to test compliance with energy 
conservation standards for the products that are the subject of this 
rulemaking. The proposed rule affects residential furnace and boiler 
test procedures.
    DOE has tentatively concluded that the proposed rule would not have 
a significant economic impact on a substantial number of small entities 
under the provisions of the Regulatory Flexibility Act. The proposed 
rule would amend DOE's test procedures by incorporating testing 
provisions to address standby mode and off mode energy consumption. The 
only possible impact is the added cost to conduct the measurements 
required in the IEC Standard 62301. As discussed in section III.K 
above, this would not represent a substantial burden to any 
manufacturer of furnaces and boilers, small or large.
    In addition, the Small Business Administration (SBA) considers an 
entity to be a small business if, together with its affiliates, it 
employs fewer than a threshold number of workers specified in 13 CFR 
part 121, which relies on size standards and codes established by the 
North American Industry Classification System (NAICS). The threshold 
number for NAICS classification for 333415, which applies to Air-
Conditioning and Warm Air Heating Equipment and Commercial and 
Industrial Refrigeration Equipment Manufacturing (including residential 
furnaces and boilers manufacturers) is 750 employees.\10\ DOE reviewed 
the Air-Conditioning, Heating, and Refrigeration Institute's Directory 
of Certified Product Performance for Residential Furnaces and Boilers 
(2009),\11\ the ENERGY STAR Product Databases for Gas and Oil Furnaces 
(May 15, 2009),\12\ the California Energy Commission's Appliance 
Database for Residential Furnaces and Boilers,\13\ and the Consortium 
for Energy Efficiency's Qualifying Furnace and Boiler List (April 2, 
2009).\14\ From this review, DOE found there were approximately 25 
small businesses within the furnace and boiler industry. Even though 
there are a significant number of small businesses within the furnace 
and boiler industry, DOE does not believe the test procedure amendments 
described in this proposed rule would represent a substantial burden to 
any manufacturer, including small manufacturers, as explained above. 
DOE requests comments on its characterization of the residential 
furnace and boiler industry in terms of the number of and impacts on 
small businesses.
---------------------------------------------------------------------------

    \10\ U.S. Small Business Administration, Table of Small Business 
Size Standards, August 22, 2008: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.
    \11\ The Air-Conditioning, Heating, and Refrigeration Institute, 
Directory of Certified Product Performance, June 2009: http://www.ahridirectory.org/ahridirectory/pages/home.aspx.
    \12\ The U.S. Environmental Protection Agency and the U.S. 
Department of Energy, ENERGY STAR Furnaces--Product Databases for 
Gas and Oil Furnaces, May 15, 2009: http://www.energystar.gov/index.cfm?c=furnaces.pr_furnaces.
    \13\ The California Energy Commission, Appliance Database for 
Residential Furnaces and Boilers, 2009: http://www.appliances.energy.ca.gov/QuickSearch.aspx.
    \14\ Consortium of Energy Efficiency, Qualifying Furnace and 
Boiler List, April 2, 2009: http://www.ceedirectory.org/ceedirectory/pages/cee/ceeDirectoryInfo.aspx.
---------------------------------------------------------------------------

    For these reasons, DOE certifies that the proposed rule, if 
adopted, 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 transmit 
the 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 rulemaking will impose no new information collection or 
recordkeeping requirements. Accordingly, OMB clearance is not required 
under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for residential furnaces and boilers. 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 rule amends an 
existing rule without changing its environmental effect, and, 
therefore, is covered by the Categorical Exclusion in 10 CFR part 1021, 
subpart D, appendix A, paragraph A5. Today's proposed rule would not 
affect the amount, quality, or distribution of energy usage, and, 
therefore, would not result in any environmental impacts.\15\ 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.
---------------------------------------------------------------------------

    \15\ Categorical Exclusion A5 provides: ``Rulemaking 
interpreting or amending an existing rule or regulation that does 
not change the environmental effect of the rule or regulation being 
amended.''
---------------------------------------------------------------------------

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 4, 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 examined this proposed 
rule and determined that it would not preempt State law and 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. 
Therefore, no further action is required to comply with Executive Order 
13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general

[[Page 36968]]

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 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 (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 no 
further action is required under UMRA.

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 have no impact on the autonomy or integrity 
of the family as an institution. Accordingly, DOE has concluded that it 
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation 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 (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 and concluded that it is consistent with 
applicable policies in the OMB and DOE 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 OIRA 
a Statement of Energy Effects for any proposed significant energy 
action. The definition of a ``significant energy action'' is 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 if the proposal is implemented, and 
of reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use. Today's regulatory action is not 
a significant regulatory action under Executive Order 12866. Moreover, 
it would not have a significant adverse effect on the supply, 
distribution, or use of energy. It has likewise not been designated as 
a significant energy action by the Administrator of OIRA. Therefore, it 
is not a significant energy action. 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 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 rule would modify the test procedure for residential 
furnaces and boilers by incorporating testing methods contained in the 
commercial standard, IEC Standard 62301. DOE has evaluated this 
standard and is unable to conclude whether it fully complies with the 
requirements of section 32(b) of the FEAA (i.e., whether it was 
developed in a manner that fully provides for public participation, 
comment, and review). DOE will consult with the Attorney General and 
the Chairman of the FTC about the impact on competition of using the 
methods contained in this standard before prescribing a final rule.

V. Public Participation

A. Attendance at Public Meeting

    The time, date, and location of the public meeting are listed in 
the DATES

[[Page 36969]]

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

B. Procedure for Submitting Requests to Speak

    Anyone who has an interest in today's notice, or who represents a 
group or class of persons with an interest in these issues, may request 
an opportunity to make an oral presentation at the public meeting. Such 
persons may hand-deliver requests to speak to the address shown in the 
ADDRESSES section at the beginning of this notice between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Requests may also 
be sent by mail or e-mail to: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-2J, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, or 
<a href="/cdn-cgi/l/email-protection#713303141f15105f341506100315023114145f151e145f161e07"><span class="__cf_email__" data-cfemail="86c4f4e3e8e2e7a8c3e2f1e7f4e2f5c6e3e3a8e2e9e3a8e1e9f0">[email protected]</span></a>. Persons who wish to speak should include in 
their request a computer diskette or CD 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. 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 5 U.S.C. 553 and section 336 of 
EPCA (42 U.S.C. 6306). A court reporter will be present to record the 
proceedings and prepare a transcript. DOE reserves the right to 
schedule the order of presentations and to establish the procedures 
governing the conduct of the public meeting. 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 conduct the public meeting in an informal conference 
style. 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, if time permits. The presiding official 
will announce any further procedural rules or modification of the above 
procedures that may be needed for the proper conduct of the public 
meeting.
    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, 950 L'Enfant Plaza SW., 
Suite 600, Washington, DC 20024, (202) 586-9127, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Copies of the 
transcript are 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 the 
date provided at the beginning of this notice. 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 determine 
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 the following: (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 character 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

    DOE is particularly interested in receiving comments and views of 
interested parties on the following issues:
1. Incorporation of IEC Standard 62301
    DOE invites comments on the adequacy and appropriateness of IEC 
Standard 62301 in general, and whether there is a need to modify or 
depart from the provisions in the IEC Standard 62301 with regard to 
residential furnaces and boilers.
2. Measurement of Standby Mode and Off Mode Wattages
    To avoid unnecessary measurement burden, today's proposed 
amendments allow a single measurement to serve as both standby mode and 
off mode wattages. DOE invites comments on the appropriateness and 
workability of these provisions.
3. Proposed Amendments' Relationship With Energy Conservation Standards 
for Residential Furnaces and Boilers
    DOE believes today's proposed residential furnace and boiler test 
procedure amendments are sufficient to allow for implementation of EISA 
2007-related energy conservation standards requirements for residential 
furnaces and boilers (e.g., the added provisions will allow a 
subsequent standard to address standby mode and off mode energy 
consumption). DOE invites comment on the overall issue of the test 
procedure's ability to measure

[[Page 36970]]

electricity use (active mode as well as standby mode and off mode) in 
the context of residential furnace and boiler efficiency standards.

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 July 9, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend part 
430 of chapter II of title 10 of the Code of Federal Regulations, to 
read as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

    2. Section 430.3 is amended by adding paragraph (k)(3) to read as 
follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (k) * * *
    (3) IEC 62301, ``Household electrical appliances--Measurement of 
standby power,'' (First Edition 2005-06).
* * * * *
    3. Appendix N to subpart B of part 430 is amended as follows:
    a. Adding new introductory text.
    b. In section 2.0 Definitions, by adding new sections 2.5, 2.6, 
2.7, 2.8, and 2.9.
    c. In section 8.0 Test procedure, by adding new section 8.6.
    d. In section 9.0 Nomenclature, by adding three new text items at 
the end of the section.
    e. In section 10.0 Calculation of derived results from test 
measurements, by:
    1. Revising sections 10.2.3, 10.2.3.1, 10.2.3.2, 10.3, 10.5.2, 
10.5.3; and
    2. Adding new section 10.9.
    The additions and revisions read as follows:

Appendix N to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Furnaces and Boilers

    The procedures and calculations in sections 8.6 and 10.9 of this 
appendix N need not be performed to determine compliance with energy 
conservation standards for furnaces and boilers.
* * * * *
    2.0. Definitions.
* * * * *
    2.5 IEC 62301 means the test standard published by the 
International Electrotechnical Commission (IEC), titled ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301 (First Edition 2005-06). (Incorporated by reference, see Sec.  
430.3.)
    2.6. Active mode means the condition during the heating season 
in which the furnace or boiler is connected to the power source, and 
either the burner, electric resistance elements, or any electrical 
auxiliaries such as blowers or pumps, are activated.
    2.7 Standby mode means the condition during the heating season 
in which the furnace or boiler is connected to the power source, and 
neither the burner, electric resistance elements, nor any electrical 
auxiliaries such as blowers or pumps, are activated.
    2.8 Off mode means the condition during the non-heating season 
in which the furnace or boiler is connected to the power source, and 
neither the burner, electric resistance elements, nor any electrical 
auxiliaries such as blowers or pumps, are activated.
    2.9 Seasonal off switch means the switch on the furnace or 
boiler that, when activated, results in a measurable change in 
energy consumption between the standby and off modes.
* * * * *
    8.0 Test Procedure.
* * * * *
    8.6 Measurement of electrical standby and off mode power.
    8.6.1 Standby power. With all electrical components of the 
furnace or boiler not activated, measure the standby power 
(P<INF>SB</INF>) in accordance with the procedures in IEC 62301 
(incorporated by reference, see Sec.  430.3). Utilize the accuracy 
and precision specifications in IEC Standard 62301 in lieu of those 
in ASHRAE Standard 103-1993. Measure the wattage so that all 
possible standby mode wattage for the entire appliance is recorded, 
not just the standby mode wattage of a single auxiliary.
    8.6.2 Off mode power. If the unit is equipped with a seasonal 
off switch or there is an expected difference between off mode power 
and standby mode power, measure off mode power (P<INF>OFF</INF>) in 
accordance with the standby power procedures in IEC 62301 
(incorporated by reference, see Sec.  430.3). Utilize the accuracy 
and precision specifications in IEC Standard 62301 in lieu of those 
in ASHRAE Standard 103-1993. Measure the wattage so that all 
possible off mode wattage for the entire appliance is recorded, not 
just the off mode wattage of a single auxiliary. If there is no 
expected difference in off mode power and standby power, let 
P<INF>OFF</INF> = P<INF>SB</INF>, in which case no separate 
measurement of off mode power is necessary.
    9.0. Nomenclature.
* * * * *
E<INF>SO</INF> = Average annual electric standby and off mode energy 
consumption, in kilowatt-hours
P<INF>OFF</INF> = Furnace or boiler off mode power, in watts
P<INF>SB</INF> = Furnace or boiler standby mode power, in watts
    10.0 Calculation of derived results from test measurements.
* * * * *
    10.2.3 Average annual auxiliary electrical energy consumption 
for gas or oil-fueled furnaces or boilers. For furnaces and boilers 
equipped with single stage controls the average annual auxiliary 
electrical consumption (E<INF>AE</INF>) is expressed in kilowatt-
hours and defined as:

E<INF>AE</INF> = 
BOH<INF>SS</INF>(y<INF>P</INF>PE+y<INF>IG</INF>PE<INF>IG</INF>+yBE) 
+ E<INF>SO</INF>

Where:

BOH<INF>SS</INF> = as defined in 10.2.1 of this appendix
PE = as defined in 10.2.1 of this appendix
y<INF>P</INF> = as defined in 10.2.1 of this appendix
y<INF>IG</INF> = as defined in 10.2.1 of this appendix
PE<INF>IG</INF> = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1 of this appendix
BE = as defined in 10.2.1 of this appendix
E<INF>SO</INF> = as defined in 10.9 of this appendix

    10.2.3.1 For furnaces or boilers equipped with two stage 
controls, E<INF>AE</INF> is defined as:

E<INF>AE</INF> = 
BOH<INF>R</INF>(y<INF>P</INF>PE<INF>R</INF>+y<INF>IG</INF>PE<INF>IG</INF>
+yBE<INF>R</INF>) + 
BOH<INF>H</INF>(y<INF>P</INF>PE<INF>H</INF>+y<INF>IG</INF>PE<INF>IG</INF>
+y BE<INF>H</INF>) + E<INF>SO</INF>

Where:

BOH<INF>R</INF> = as defined in 10.2.1.2 of this appendix
y<INF>P</INF> = as defined in 10.2.1 of this appendix
PE<INF>R</INF> = as defined in 9.1.2.2 and measured at the reduced 
fuel input rate, of ANSI/ASHRAE Standard 103-1993
y<INF>IG</INF> = as defined in 10.2.1 of this appendix
PE<INF>IG</INF> = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1 of this appendix
BE<INF>R</INF> = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103-
1993, measured at the reduced fuel input rate
BOH<INF>H</INF> = as defined in 10.2.1.3 of this appendix
PE<INF>H</INF> = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103-
1993, measured at the maximum fuel input rate
BE<INF>H</INF> = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103-
1993, measured at the maximum fuel input rate
E<INF>SO</INF> = as defined in 10.9 of this appendix

    10.2.3.2 For furnaces or boilers equipped with step modulating 
controls, E<INF>AE</INF> is defined as:

E<INF>AE</INF> = BOH<INF>R</INF>(y<INF>P</INF> 
PE<INF>R</INF>+y<INF>IG</INF>PE<INF>IG</INF>+yBE<INF>R</INF>) + 
BOH<INF>M</INF>(y<INF>P</INF>PE<INF>H</INF>+y<INF>IG</INF>PE<INF>IG</INF>
+y BE<INF>H</INF>) + E<INF>SO</INF>

Where:

BOH<INF>R</INF> = as defined in 10.2.1.2 of this appendix
y<INF>P</INF> = as defined in 10.2.1 of this appendix
PE<INF>R</INF> = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103-
1993, measured at the reduced fuel input rate
y<INF>IG</INF> = as defined in 10.2.1 of this appendix

[[Page 36971]]

PE<INF>IG</INF> = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1 of this appendix
BE<INF>R</INF> = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103-
1993, measured at the reduced fuel input rate
BOH<INF>M</INF> = as defined in 10.2.1.4 of this appendix
PE<INF>H</INF> = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103-
1993, measured at the maximum fuel input rate
BE<INF>H</INF> = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103-
1993, measured at the maximum fuel inputs rate
E<INF>SO</INF> = as defined in 10.9 of this appendix

    10.3 Average annual electric energy consumption for electric 
furnaces or boilers.

E<INF>E</INF> = 100(2,080)(0.77)DHR/(3.412 AFUE) + E<INF>SO</INF>

Where:

100= to express a percent as a decimal
2,080 = as specified in 10.2.1 of this appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
3.412 = conversion to express energy in terms of watt-hours instead 
of Btu
AFUE = as defined in 11.1 of ANSI/ASHRAE Standard 103-1993, in 
percent, and calculated on the basis of: ICS installation, for non-
weatherized warm air furnaces; indoor installation, for non-
weatherized boilers; or outdoor installation, for furnaces and 
boilers that are weatherized
E<INF>SO</INF> = as defined in 10.9 of this appendix
* * * * *
    10.5.2 Average annual auxiliary electrical energy consumption 
for gas or oil-fueled furnaces and boilers located in a different 
geographic region of the United States and in buildings with 
different design heating requirements. For gas or oil-fueled 
furnaces and boilers, the average annual auxiliary electrical energy 
consumption for a specific geographic region and a specific typical 
design heating requirement (E<INF>AER</INF>) is expressed in 
kilowatt-hours and defined as:

E<INF>AER</INF> = (E<INF>AE</INF>-E<INF>SO</INF>) (HLH/2080) + 
E<INF>SOR</INF>

Where:

E<INF>AE</INF> = as defined in 10.2.3 of this appendix
E<INF>SO</INF> = as defined in 10.9 of this appendix
HLH = as defined in 10.5.1 of this appendix
2,080 = as specified in 10.2.1 of this appendix
E<INF>SOR</INF> = as specified in 10.5.3 of this appendix

    10.5.3 Average annual electric energy consumption for electric 
furnaces and boilers located in a different geographic region of the 
United States and in buildings with different design heating 
requirements. For electric furnaces and boilers, the average annual 
electric energy consumption for a specific geographic region and a 
specific typical design heating requirement (E<INF>ER</INF>) is 
expressed in kilowatt-hours and defined as:

E<INF>ER</INF> = 100(0.77) DHR HLH/(3.412 AFUE) + E<INF>SOR</INF>

Where:

100 = as specified in 10.3 of this appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
HLH = as defined in 10.5.1 of this appendix
3.412 = as specified in 10.3 of this appendix
AFUE = as defined in 10.3 of this appendix
E<INF>SOR</INF> = E<INF>SO</INF> as defined in 10.9 of this 
appendix, except that in the equation for E<INF>SO</INF> the term 
BOH is multiplied by the expression (HLH/2080) to get the 
appropriate regional accounting of standby mode and off mode loss
* * * * *
    10.9 Average annual electrical standby and off mode energy 
consumption. Calculate the annual electrical standby mode and off 
mode energy consumption (E<INF>SO</INF>) in kilowatt-hours, defined 
as:

E<INF>SO</INF> = ((P<INF>SB</INF> * (4,160-BOH)) + (P<INF>OFF</INF> 
* 4,600)) * K

Where:

P<INF>SB</INF> = furnace or boiler standby mode power, in watts, as 
measured in Section 8.6
4,160 = average heating season hours per year
P<INF>OFF</INF> = furnace or boiler off mode power, in watts, as 
measured in Section 8.6
4,600 = average non-heating season hours per year
K = 0.001 kWh/Wh, conversion factor for watt-hours to kilowatt-hours
BOH = total burner operating hours as calculated in section 10.2 for 
gas or oil-furled furnaces or boilers. Where for gas or oil-fueled 
furnaces and boilers equipped with single-stage controls BOH = 
BOH<INF>SS</INF>, for gas or oil-fueled furnaces and boilers 
equipped with two-stage controls BOH = (BOH<INF>R</INF> + 
BOH<INF>H</INF>) and for gas or oil-fueled furnaces and boilers 
equipped with step-modulating controls BOH = (BOH<INF>R</INF> + 
BOH<INF>M</INF>). For electric furnaces and boilers, BOH = 
100(2,080)(0.77)DHR/(E<INF>in</INF> 3.412)(AFUE)

Where:

100 = to express a percent as a decimal
2,080 = as specified in 10.2.1 of this appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
3.412 = conversion to express energy in terms of KBtu instead of 
kilowatt-hours
AFUE = as defined in 11.1 of ANSI/ASHRAE Standard 103-1993, 
(incorporated by reference, see Sec.  430.3) in percent
E<INF>in</INF> = Steady state electric rated power, in kilowatts, 
from section 9.3 of ANSI/ASHRAE Standard 103-1993

[FR Doc. E9-17555 Filed 7-24-09; 8:45 am]
BILLING CODE 6450-01-P


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