Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 36959 

Also, the Council would invest 

additional funds to explore new uses 

and applications for highbush 

blueberries in the domestic and 

international markets. Furthermore, the 

Council stated that it will use the 

additional resources to expand the 

health research studies. 

Furthermore, the Council whose 

members represent all highbush 

blueberry producing states as well as 

importers voted to increase the 

assessment rate at its February 28, 2009, 

meeting. The vote to recommend the 

assessment increase was nine in favor 

and two against of the Council members 

present at the meeting. The two voters 

against the change expressed concern 

about how the growers might respond to 

an assessment increase given the overall 

economic climate the industry is facing 

and noted how an assessment increase 

might impact voting on the program 

continuance referendum in 2011. One of 

the two dissenters noted that in a 

meeting held in his region prior to the 

Council’s meeting, the growers had 

discussed and supported the $18 per ton 

assessment rate increase, but did not 

discuss the $24 per ton increase. 

Accordingly, he did not feel comfortable 

voting for the change. Both dissenting 

voters stated that they were willing to 

support an $18 per ton assessment 

increase instead of the proposed $24 per 

ton. 

The Council evaluated a media plan 

designed to advertise to consumers 

nationwide with a proposed rate of $18 

per ton on highbush blueberries. At this 

assessment rate level, the Council could 

continue to support its current market 

promotion efforts and add a $1 million 

media budget for advertising. This level 

would result in 45 percent reach and a 

frequency of 4 of the target audience 

which is 18 million out of the 40 

million of the United States population. 

The Council discussed the rate of $18 

per ton and determined that the 

highbush blueberry potential supply 

and demand situation would require a 

need to create greater awareness than 

the level that could be generated at $18 

per ton. Therefore, the Council voted to 

recommend the rate of $24 per ton on 

highbush blueberries which is the first 

assessment increase since the Council 

was established in August 2000. 

If adopted, the Council’s 

recommended assessment rate would be 

applicable to the 2010 highbush 

blueberry crop. The higher assessment 

rate on the 2010 crop would generate 

additional dollars allocated for the 2011 

budget year. The Council plans to 

increase the domestic marketing budget 

beginning that year to $4 million which 

would allow for as much as $2 million 

allocation to advertising to increase the 

frequency of the Council’s message. 

According to the Council, this increase 

would gain greater awareness for 

highbush blueberries. 

This rule would amend the rules and 

regulations under the Order. The rate 

would increase the assessment from $12 

per ton to $24 per ton on highbush 

blueberries. This proposed increase is 

consistent with section 517(d) of the Act 

that permits changes in the assessment 

rate through notice and comment 

procedures. Section 1218.52(c) of the 

Order state assessments can be levied at 

a rate of $12 per ton on all highbush 

blueberries. The assessment rate will be 

reviewed and may be modified with the 

approval of the Secretary. 

The Council is recommending the 

proposed assessment rate increase for 

the following reasons: (1) A potential 

gap between highbush blueberry 

demand and future supply in the United 

States; (2) efforts are necessary to 

strengthen the Council’s existing 

consumer, food service, and food 

manufacturer publicity and export 

market promotion programs and add an 

advertising component to expand the 

reach and frequency of the highbush 

blueberry message; (3) the Council plans 

to invest additional revenue to explore 

new markets both domestic and 

international, as well as to explore new 

uses and application for highbush 

blueberries; (4) to expand its investment 

in more health research and move to 

human clinical trials to discover 

additional product attributes; and (5) 

added funding will allow for greater 

educational effort in the critical areas of 

good management practices and food 

safety. Accordingly, section 1218.52(c) 

of the Order would be revised. 

A 60-day comment period is provided 

to allow interested persons to respond 

to this proposal. All written comments 

received in response to this rule by the 

date specified would be considered 

prior to finalizing this action. 

List of Subjects in 7 CFR Part 1218 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Blueberry promotion, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, Part 1218, Chapter XI of Title 

7 is proposed to be amended as follows: 

PART 1218—BLUEBERRY 

PROMOTION, RESEARCH, AND 

INFORMATION ORDER 

1. The authority citation for 7 CFR 

part 1218 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

2. In § 1218.52, paragraph (c) is 

revised to read as follows: 

§ 1218.52 Assessments. 

* * * * * 

(c) Such assessments shall be levied at 

a rate of $24 per ton on all blueberries. 

The assessment rate will be reviewed, 

and may be modified with the approval 

of the Secretary, after the first 

referendum is conducted as stated in 

§ 1218.71(b). 

* * * * * 

Dated: July 21, 2009. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. E9–17802 Filed 7–24–09; 8:45 am] 

BILLING CODE 3410–02–P 

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. 

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 


hsrobinson on PROD1PC76 with PROPOSALS
36960 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 

1All references to EPCA refer to the statute as 

amended through the Energy Independence and 

Security Act of 2007, Public Law 110–140. 

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: RFB-2008-TP0020@ee.doe.gov. 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: 

Mohammed.Khan@ee.doe.gov. 

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: 

Eric.Stas@hq.doe.gov. 

For information on how to submit or 

review public comments and on how to 

participate in the public meeting, 

contact Ms. Brenda Edwards, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. E-mail: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Authority 

II. Summary of the Proposal 

III. Discussion 

A. 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)) 

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 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 36961 

2 IEC standards are available for purchase at: 

http://www.iec.ch. 

3EISA 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. 

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). 

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)) 

DOE’s current test procedure for 

residential furnaces and boilers is found 

at 10 CFR part 430, subpart B, appendix 

N, Uniform Test Method for Measuring 

the Energy Consumption of Furnaces 

and Boilers. DOE established its test 

procedures for furnaces and boilers in a 

final rule published in the Federal 

Register on May 12, 1997. 62 FR 26140. 

This procedure establishes a means for 

determining annual energy efficiency 

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

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

consume both fossil fuel and electricity. 

Electric furnaces and boilers only 

consume electricity. In this test 

procedure, fossil-fuel energy 

consumption is accounted for 

comprehensively over a full-year cycle, 

thereby satisfying EISA 2007 

requirements for fossil-fuel standby 

mode and off mode energy 

consumption. However, electrical 

energy consumption in standby mode 

and off mode is not accounted for in the 

current test procedures. 

II. Summary of the Proposed Rule 

First, today’s NOPR tentatively 

concludes that, for gas-fired and oilfired 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)) 

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 


hsrobinson on PROD1PC76 with PROPOSALS
36962 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 

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. 

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 nonheating 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 gasfired and oil-fired furnaces and boilers 

and will be discussed in detail in 

proceeding sections of this document. 

The existing test procedure for gasfired and oil-fired furnaces and boilers 

specifies a flue loss test that is 

augmented by calculations of jacket loss 


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5Nameplate 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. 

6Sensible heat loss is the energy loss associated 

with the elevated temperature (as ‘‘sensed’’ by a 

thermometer) of the exiting flue gases. 

7 Infiltration loss is the energy loss associated 

with the added leakage a home would experience 

because of the exiting flue gases. 

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

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

9An induced draft fan draws air into the 

combustion chamber. In contrast, a forced draft fan 

forces air into the combustion chamber. 

and latent heat loss. Accordingly, the 

test procedure requires measurement of 

temperatures and percent concentration 

of carbon dioxide (CO2) in the flue. CO2

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 

CO2 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 CO2 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 offcycle 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). 

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: 

Effyhs = 100 ¥ LL,A ¥ Lj ¥ Ls, on ¥ Ls,off

¥ Li, on ¥ Li,off

where: 

LL,A = average latent heat loss of the fuel 

Lj = jacket heat loss 

Ls,on = on-cycle sensible heat loss 6

Ls,off = off-cycle sensible heat loss 

Li,on = on-cycle infiltration loss 7

Li,off = off-cycle infiltration loss 

The test procedure’s on-cycle and offcycle 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 Ls,off 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 nonheating season fossil fuel energy 

consumption (i.e., pilot light nonheating energy consumption). Nonheating 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. 

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, 

‘‘PEIG,’’ 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 


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36964 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 

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. 

The annual fuel consumption, ‘‘EF,’’ 

which is adjusted for electrical heat 

offset, and annual auxiliary electrical 

energy consumption, ‘‘EAE,’’ are then 

used to calculate annual operating cost. 

Additionally, EF and EAE 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 (Ein). 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 Ein 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 


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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 electricityconsuming 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 


hsrobinson on PROD1PC76 with PROPOSALS
36966 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 

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 


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Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 36967 

10U.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. 

11The Air-Conditioning, Heating, and 

Refrigeration Institute, Directory of Certified 

Product Performance, June 2009: http:// 

www.ahridirectory.org/ahridirectory/pages/ 

home.aspx. 

12The 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. 

13The California Energy Commission, Appliance 

Database for Residential Furnaces and Boilers, 

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

QuickSearch.aspx. 

14Consortium of Energy Efficiency, Qualifying 

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

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

ceeDirectoryInfo.aspx. 

15Categorical 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.’’ 

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. 

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. 

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 


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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


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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 handdeliver requests to speak to the address 

shown in the ADDRESSES section at the 

beginning of this notice between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Requests may 

also be sent by mail or e-mail to: Ms. 

Brenda Edwards, U.S. Department of 

Energy, Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, or Brenda.Edwards@ee.doe.gov. 

Persons who wish to speak should 

include 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 


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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: 

§ 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 § 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 (PSB) 

in accordance with the procedures in IEC 

62301 (incorporated by reference, see 

§ 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 (POFF) in accordance with the 

standby power procedures in IEC 62301 

(incorporated by reference, see § 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 POFF = PSB, in which case no 

separate measurement of off mode power is 

necessary. 

9.0. Nomenclature. 

* * * * * 

ESO = Average annual electric standby and off 

mode energy consumption, in kilowatthours 

POFF = Furnace or boiler off mode power, in 

watts 

PSB = Furnace or boiler standby mode power, 

in watts 

10.0 Calculation of derived results from 

test measurements. 

* * * * * 

10.2.3 Average annual auxiliary electrical 

energy consumption for gas or oil-fueled 

furnaces or boilers. For furnaces and boilers 

equipped with single stage controls the 

average annual auxiliary electrical 

consumption (EAE) is expressed in kilowatthours and defined as: 

EAE = BOHSS(yPPE+yIGPEIG+yBE) + ESO

Where: 

BOHSS = as defined in 10.2.1 of this appendix 

PE = as defined in 10.2.1 of this appendix 

yP = as defined in 10.2.1 of this appendix 

yIG = as defined in 10.2.1 of this appendix 

PEIG = as defined in 10.2.1 of this appendix 

y = as defined in 10.2.1 of this appendix 

BE = as defined in 10.2.1 of this appendix 

ESO = as defined in 10.9 of this appendix 

10.2.3.1 For furnaces or boilers equipped 

with two stage controls, EAE is defined as: 

EAE = BOHR(yPPER+yIGPEIG+yBER) + 

BOHH(yPPEH+yIGPEIG+y BEH) + ESO

Where: 

BOHR = as defined in 10.2.1.2 of this 

appendix 

yP = as defined in 10.2.1 of this appendix 

PER = as defined in 9.1.2.2 and measured at 

the reduced fuel input rate, of ANSI/ 

ASHRAE Standard 103–1993 

yIG = as defined in 10.2.1 of this appendix 

PEIG = as defined in 10.2.1 of this appendix 

y = as defined in 10.2.1 of this appendix 

BER = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103–1993, measured at the 

reduced fuel input rate 

BOHH = as defined in 10.2.1.3 of this 

appendix 

PEH = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103–1993, measured at the 

maximum fuel input rate 

BEH = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103–1993, measured at the 

maximum fuel input rate 

ESO = as defined in 10.9 of this appendix 

10.2.3.2 For furnaces or boilers equipped 

with step modulating controls, EAE is defined 

as: 

EAE = BOHR(yP PER+yIGPEIG+yBER) + 

BOHM(yPPEH+yIGPEIG+y BEH) + ESO

Where: 

BOHR = as defined in 10.2.1.2 of this 

appendix 

yP = as defined in 10.2.1 of this appendix 

PER = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103–1993, measured at the 

reduced fuel input rate 

yIG = as defined in 10.2.1 of this appendix 


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Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 36971 

PEIG = as defined in 10.2.1 of this appendix 

y = as defined in 10.2.1 of this appendix 

BER = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103–1993, measured at the 

reduced fuel input rate 

BOHM = as defined in 10.2.1.4 of this 

appendix 

PEH = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103–1993, measured at the 

maximum fuel input rate 

BEH = as defined in 9.1.2.2 of ANSI/ASHRAE 

Standard 103–1993, measured at the 

maximum fuel inputs rate 

ESO = as defined in 10.9 of this appendix 

10.3 Average annual electric energy 

consumption for electric furnaces or boilers. 

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

ESO

Where: 

100= to express a percent as a decimal 

2,080 = as specified in 10.2.1 of this 

appendix 

0.77 = as specified in 10.2.1 of this appendix 

DHR = as defined in 10.2.1 of this appendix 

3.412 = conversion to express energy in terms 

of watt-hours instead of Btu 

AFUE = as defined in 11.1 of ANSI/ASHRAE 

Standard 103–1993, in percent, and 

calculated on the basis of: ICS 

installation, for non-weatherized warm 

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

installation, for furnaces and boilers that 

are weatherized 

ESO = as defined in 10.9 of this appendix 

* * * * * 

10.5.2 Average annual auxiliary electrical 

energy consumption for gas or oil-fueled 

furnaces and boilers located in a different 

geographic region of the United States and in 

buildings with different design heating 

requirements. For gas or oil-fueled furnaces 

and boilers, the average annual auxiliary 

electrical energy consumption for a specific 

geographic region and a specific typical 

design heating requirement (EAER) is 

expressed in kilowatt-hours and defined as: 

EAER = (EAE¥ESO) (HLH/2080) + ESOR

Where: 

EAE = as defined in 10.2.3 of this appendix 

ESO = as defined in 10.9 of this appendix 

HLH = as defined in 10.5.1 of this appendix 

2,080 = as specified in 10.2.1 of this 

appendix 

ESOR = as specified in 10.5.3 of this appendix 

10.5.3 Average annual electric energy 

consumption for electric furnaces and boilers 

located in a different geographic region of the 

United States and in buildings with different 

design heating requirements. For electric 

furnaces and boilers, the average annual 

electric energy consumption for a specific 

geographic region and a specific typical 

design heating requirement (EER) is expressed 

in kilowatt-hours and defined as: 

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

ESOR

Where: 

100 = as specified in 10.3 of this appendix 

0.77 = as specified in 10.2.1 of this appendix 

DHR = as defined in 10.2.1 of this appendix 

HLH = as defined in 10.5.1 of this appendix 

3.412 = as specified in 10.3 of this appendix 

AFUE = as defined in 10.3 of this appendix 

ESOR = ESO as defined in 10.9 of this 

appendix, except that in the equation for 

ESO the term BOH is multiplied by the 

expression (HLH/2080) to get the 

appropriate regional accounting of 

standby mode and off mode loss 

* * * * * 

10.9 Average annual electrical standby 

and off mode energy consumption. Calculate 

the annual electrical standby mode and off 

mode energy consumption (ESO) in kilowatthours, defined as: 

ESO = ((PSB * (4,160¥BOH)) + (POFF * 4,600)) 

* K 

Where: 

PSB = furnace or boiler standby mode power, 

in watts, as measured in Section 8.6 

4,160 = average heating season hours per year 

POFF = furnace or boiler off mode power, in 

watts, as measured in Section 8.6 

4,600 = average non-heating season hours per 

year 

K = 0.001 kWh/Wh, conversion factor for 

watt-hours to kilowatt-hours 

BOH = total burner operating hours as 

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

or oil-fueled furnaces and boilers 

equipped with single-stage controls BOH 

= BOHSS, for gas or oil-fueled furnaces 

and boilers equipped with two-stage 

controls BOH = (BOHR + BOHH) and for 

gas or oil-fueled furnaces and boilers 

equipped with step-modulating controls 

BOH = (BOHR + BOHM). For electric 

furnaces and boilers, BOH = 

100(2,080)(0.77)DHR/(Ein 3.412)(AFUE) 

Where: 

100 = to express a percent as a decimal 

2,080 = as specified in 10.2.1 of this 

appendix 

0.77 = as specified in 10.2.1 of this appendix 

DHR = as defined in 10.2.1 of this appendix 

3.412 = conversion to express energy in terms 

of KBtu instead of kilowatt-hours 

AFUE = as defined in 11.1 of ANSI/ASHRAE 

Standard 103–1993, (incorporated by 

reference, see § 430.3) in percent 

Ein = 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0512; Airspace 

Docket No. 09–AGL–9] 

Proposed Amendment of Class E 

Airspace; Platteville, WI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Platteville, 

WI. Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Platteville 

Municipal Airport, Platteville, WI. This 

action would also reflect the name 

change of the airport from Grant County 

Airport and update the geographic 

coordinates to coincide with the FAAs 

National Aeronautical Charting Office. 

The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rules (IFR) operations 

for SIAPs at Platteville Municipal 

Airport. 

DATES: 0901 UTC. Comments must be 

received on or before September 10, 

2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2009– 

0512/Airspace Docket No. 09–AGL–9, at 

the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

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

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd, Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 


hsrobinson on PROD1PC76 with PROPOSALS