[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76831-76839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31175]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-TP-0007]
RIN 1904-AC44
Energy Conservation Program for Consumer Products: Test
Procedures for Residential Furnaces and Boilers (Standby Mode and Off
Mode)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: In an earlier final rule, the U.S. Department of Energy (DOE)
prescribed amendments to its test procedures for residential furnaces
and boilers to include provisions for measuring the standby mode and
off mode energy consumption of those products, as required by the
Energy Independence and Security Act of 2007. These test procedure
amendments were primarily based on provisions incorporated by reference
from the International Electrotechnical Commission (IEC) Standard 62301
(First Edition), ``Household electrical appliances--Measurement of
standby power.'' In this current final rule, DOE further amends its
test procedure to incorporate by reference the latest edition of the
IEC Standard, specifically IEC Standard 62301 (Second Edition). The new
version of this IEC standard includes a number of methodological
changes designed to increase accuracy while reducing testing burden.
This final rule also clarifies the rounding guidance and sampling
provisions for the new measurement of standby mode and off mode
wattage.
DATES: This rule is effective January 30, 2013. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register on January 30, 2013.
For purposes of compliance with energy conservation standards,
compliance with the amended test procedures is required on and after
May 1, 2013 (for non-weatherized gas and oil furnaces including mobile
home furnaces, and all electric furnaces). The compliance date for any
representations relating to standby mode and off mode of residential
furnaces and boilers is July 1, 2013; on and after this date, any such
representations must be based upon results generated under these test
procedures and sampling plans.
ADDRESSES: The docket for this rulemaking is available for review at
www.regulations.gov, including Federal Register notices, public meeting
attendee lists and transcripts, comments, and other supporting
documents/materials. All documents in the docket are listed in the
www.regulations.gov index. However, not all documents listed in the
index may be publically available, such as information that is exempt
from public disclosure.
A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=25;po=0;D=EERE-
2011-BT-TP-0007. The www.regulations.gov Web page contains simple
instructions on how to access all documents, including public comments,
in the docket.
For further information on how to review the docket, contact Ms.
Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
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. Email:
Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC, 20585-
0121. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Summary of the Final Rule
III. Discussion
A. The September 2011 Proposed Rule
B. Public Comments on DOE's September 2011 Proposed Rule
1. Crown Boiler Comments
2. Air-Conditioning, Heating, and Refrigeration Institute
Comments
IV. Effective Date and Compliance Dates
V. Compliance With Other EPCA Requirements
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
VII. Approval of the Office of the Secretary
I. Background and Authority
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as
codified) sets forth a variety of provisions designed to improve energy
efficiency and established the Energy Conservation Program for Consumer
Products Other Than Automobiles, a program covering most major
household appliances, including residential furnaces and boilers
(referenced below as one of the ``covered products'').\2\ (42 U.S.C.
6292(a)(5) and 6295(f))
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\2\ All references to EPCA in this rulemaking refer to the
statute as amended through the Energy Independence and Security Act
of 2007, Public Law 110-140.
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Under the Act, this program consists essentially of four parts: (1)
Testing; (2) labeling; (3) Federal energy conservation standards; and
(4) certification and enforcement procedures. 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 pursuant to EPCA and
for making representations about the efficiency of those products. (42
U.S.C. 6293(c); 42 U.S.C. 6295(s)) Similarly, DOE must use these test
procedures in any enforcement action to determine whether covered
products comply with these energy conservation standards. (42 U.S.C.
6295(s))
Under 42 U.S.C. 6293, EPCA sets forth criteria and procedures for
DOE's adoption and amendment of such test procedures. Specifically,
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. (42
U.S.C. 6293(b)(2)) Finally, in
[[Page 76832]]
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)) and permits DOE to amend these definitions in the
context of a given product (42 U.S.C. 6295(gg)(1)(B)). The statute
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: (1) The current
test procedures for a covered product already fully account for and
incorporate the standby mode and off mode energy consumption of the
covered product; or (2) 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 adopted by EISA 2007, any such
amendment must consider the most current versions of IEC Standard
62301, Household electrical appliances--Measurement of standby power,
and IEC Standard 62087, Methods of measurement for the power
consumption of audio, video, and related equipment.\3\ Id. At the time
of enactment of EISA 2007, the most current versions of these standards
were IEC Standard 62301 (First Edition 2005-06) and IEC Standard 62087
(First Edition 2002).
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\3\ EISA 2007 directs DOE to also consider IEC Standard 62087
when amending its test procedures to include standby mode and off
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC
Standard 62087 addresses the methods of measuring the power
consumption of audio, video, and related equipment. Accordingly, the
narrow scope of this particular IEC standard reduces its relevance
to today's final rule.
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DOE's current test procedure for residential furnaces and boilers
is found at 10 CFR part 430, subpart B, appendix N, Uniform Test Method
for Measuring the Energy Consumption of Furnaces and Boilers. This
procedure establishes a means for determining annual energy efficiency
and annual energy consumption of these products. On October 20, 2010,
DOE published a final rule in the Federal Register (hereafter called
the October 2010 final rule) amending the test procedures for
residential furnaces and boilers to account for the standby mode and
off mode energy consumption of these products, as required by EISA
2007. 75 FR 64621. For a more detailed procedural history of the test
procedure rulemaking to address standby mode and off mode energy
consumption of residential furnaces and boilers, please consult the
October 2010 final rule. Id. at 64622.
II. Summary of the Final Rule
As discussed above, EISA 2007 amended EPCA to require that DOE test
procedures for covered products include provisions for measuring
standby mode and off mode energy consumption. (42 U.S.C.
6295(gg)(2)(A)) In establishing test procedures to address standby mode
and off mode energy consumption, EISA 2007 requires consideration of
the most current version of IEC Standard 62301 to support the added
measurement provisions. Id. In the October 2010 final rule, DOE amended
its test procedures to prescribe the use of IEC Standard 62301,
``Household electrical appliances--Measurement of standby power,''
Publication 62301 First Edition 2005-06, which was the most current
version of this standard at the time of its incorporation into the DOE
regulations. This final rule fulfilled DOE's obligation under EISA
2007.
However, since that time, DOE has continued to address the
requirements of EISA 2007 as it relates to standby mode and off mode
for other products. For example, DOE has issued similar test procedure
amendments for other heating products (water heaters, direct heating
equipment, and pool heaters), and during that rulemaking, commenters
identified improvements to IEC Standard 62301 that were under
development and nearly finalized. These commenters, representing both
manufacturers and energy conservation advocacy groups, are presumably
the same as those that would comment on the proposals for furnaces and
boilers, and they supported the draft revisions to IEC Standard 62301
as applied to the other heating products. The second edition of IEC
Standard 62301 has now been finalized. In the abstract of its January
27, 2011 publication, the IEC reports that the second edition provides
practical improvement and possible reduction in testing burden. DOE has
reviewed IEC Standard 62301 (Second Edition) and agrees that the second
edition does provide for improvement in terms of measurement accuracy
and, in addition, provides for possible reduced testing burden by
allowing for direct meter reading techniques, where appropriate. DOE
believes these improvements would be applicable to a variety of heating
products, including furnaces and boilers, as well as the other heating
products discussed above. Accordingly, after careful review, in a
notice of proposed rulemaking (NOPR) published on September 13, 2011
(76 FR 56339; ``the September 2011 NOPR''). DOE decided to exercise its
discretion to consider incorporation of the revised version of the
industry standard into the DOE test procedure for residential furnaces
and boilers. (42 U.S.C. 6293(b)(2)) In the September 2011 NOPR, DOE
proposed to incorporate by reference the second edition of the IEC
Standard 62301 standard in its entirety, calling out the appropriate
provisions of that standard in DOE's test procedure regulations for
residential furnaces and boilers. 76 FR 56339, 56341 (Sept. 13, 2011).
This proposal also clarified the rounding guidance and sampling
provisions for the new measurements of standby mode and off mode
wattage. A public meeting was held on October 3, 2011 to discuss and
receive comments on the issues presented in the September 2011 NOPR.
The comment period ended on November 28, 2011.
III. Discussion
A. The September 2011 Proposed Rule
The September 2011 proposed rule was part of the continued efforts
of DOE to address the requirements of EISA 2007 as it relates to
standby mode and off mode for all covered products. In particular,
after the standby mode and off mode amendments were developed for
furnaces and boilers, DOE considered similar test procedure amendments
for other heating products (water heaters, direct heating equipment,
and pool heaters), and during that rulemaking, commenters identified
improvements to IEC Standard 62301 that were under development and
nearly finalized. These commenters, which are largely the same as those
that would comment on the proposals for furnaces and boilers, supported
the draft revisions to
[[Page 76833]]
IEC Standard 62301. The second edition of the standard has now been
finalized. In the abstract of that finalized publication, the IEC
reported that the second edition would provide practical improvement
and possible reduction in testing burden. DOE reviewed IEC Standard
62301 (Second Edition) and agrees that the second edition does provide
for improvement in terms of measurement accuracy and, in addition,
provides for possible reduced testing burden by allowing for direct
meter reading techniques where appropriate. DOE believes these
improvements are applicable to a variety of heating products, including
furnaces and boilers, as well as the other heating products mentioned
above. Accordingly, after careful review, DOE decided to exercise its
discretion to consider incorporation by reference of the revised
version of the industry standard into the DOE test procedure for
residential furnaces and boilers. (42 U.S.C. 6293(b)(2)) Thus, in the
September 2011 NOPR, DOE proposed to incorporate into DOE's test
procedure regulations the second edition of IEC Standard 62301 in its
entirety, and call out the appropriate provisions of that standard in
DOE's test procedure regulations for residential furnaces and boilers.
More specifically, DOE's technical review of IEC Standard 62301
(Second Edition) determined that some improvement to the current DOE
test procedure is possible with the incorporation of the second edition
of the IEC standard as it applies to residential furnaces and boilers.
First, a more comprehensive specification of required accuracy is
provided in IEC Standard 62301 (Second Edition) that depends upon the
characteristics of the power being measured. DOE believes that this
most recent revision to the IEC standard provides improved and
realistic accuracy provisions for a range of electricity consumption
patterns, thereby making the updated test method appropriate for the
variety of electricity-consuming devices that form part of residential
furnaces and boilers. The new specification can be met by typical,
commercially-available test equipment, whereas requirements in the
first version may have necessitated specialized instrumentation that is
not readily available.
Another important change in IEC Standard 62301 (Second Edition)
that relates to the measurement of standby mode and off mode power
consumption in residential furnaces and boilers involves the
specification of the stability criteria required to measure that power.
IEC Standard 62301 (Second Edition) contains more detailed techniques
to evaluate the stability of the power consumption and to measure the
power consumption for loads with different stability characteristics.
In IEC Standard 62301 (First Edition), the stability of the system is
determined by measuring the power consumption over a 5-minute period.
If the variation over that period is less than 5 percent, the signal is
considered to be stable. There are potential operational modes,
however, that could show variation over longer time frames. For
example, an electronic component could go into a sleep mode after a 10-
minute period. This change in power consumption would not be captured
in the 5-minute stability test. IEC Standard 62301 (Second Edition)
acknowledges the existence of these different types of modes by
creating stability tests for these variable power modes. For constant
power modes, the test method specified in the second edition of IEC
Standard 62301 matches that specified in the first edition. For
cyclical power consumption, the second edition of IEC Standard 62301
adds measurement provisions for situations in which the variation in
the signal might not be constant over a 5-minute period. The power
measurements would take at least 60 minutes; a test period of this
duration is required to accurately capture standby mode and off mode
energy consumption for equipment with varying power consumption and is
an improvement introduced by IEC Standard 62301 (Second Edition)
compared to IEC Standard 62301 (First Edition). These techniques will
result in more complete and accurate measures of standby mode and off
mode energy consumption over a variety of operational modes. The
manufacturer is given a choice of measurement procedures, including
less burdensome methods such as direct meter reading methods if certain
clearly-described stability conditions are met. DOE believes that the
changes incorporated in IEC Standard 62301 (Second Edition) will allow
for use of less burdensome methods when appropriate and will ensure
accurate measures of standby energy consumption over a range of
operating conditions that may be present in residential furnaces and
boilers.
Accordingly, for the reasons discussed above, DOE proposed to
incorporate IEC Standard 62301 (Second Edition) in its entirety into
the overall list of incorporated references in 10 CFR 430.3 and to call
out the appropriate provisions of that standard in DOE's test procedure
regulations for residential furnaces and boilers.
In addition, the September 2011 NOPR clarified that the rounding
guidance in the IEC Standard 62301 (Second Edition) should be used for
the new proposed wattage measurements. Specifically, it was proposed
that the following sentence be added to the measurement provisions in
sections 8.6.1 and 8.6.2: ``The recorded standby power
(PW,SB) (or PW,OFF where appropriate) shall be
rounded to the second decimal place, and for loads greater than or
equal to 10W, at least three significant figures shall be reported.''
76 FR 56339, 56342 (Sept. 13, 2011).
Finally, DOE proposed to apply the existing DOE sampling plans used
by residential furnace and boiler manufacturers to determine the
representative values for annual energy consumption to the newly
proposed standby mode and off mode ratings (PW,SB and
PW,OFF). Id. at 56342-43. For a more complete discussion of
DOE's analysis of IEC Standard 62301 (Second Edition), see sections
III.A through III.C of the September 2011 NOPR. 76 FR 56339, 56341-43
(Sept. 13, 2011).
B. Public Comments on DOE's September 2011 Proposed Rule
In response to the September 2011 NOPR, DOE received very little in
the way of comment on this matter. In particular, there was no
objection expressed as to the use of the updated version of the IEC
standard. Only two comments were received from Crown Boiler and the
Air-Conditioning, Heating, and Refrigeration Institute (Crown, No. 5
and AHRI, No. 7, respectively), and they are discussed in detail below.
In overview, these comments dealt with the overall burden of measuring
standby mode and off mode energy consumption and the associated
rounding guidance. No comments were received on the added clarification
provisions related to sampling.
1. Crown Boiler Comments
Comments from Crown Boiler were supportive of the September 2011
NOPR, in that the company agreed that the use of the second edition of
IEC Standard 62301 in lieu of the first edition would result in reduced
cost of testing. However, despite this reduction in cost, Crown Boiler
opposed testing provisions for standby mode and off mode energy
consumption generally, applying to both the current rulemaking and the
October 2010 final rule, stating, ``[hellip][T]he rule imposes an undue
regulatory burden on boiler manufacturers, given the fact that it is
unlikely to result in any significant
[[Page 76834]]
reduction in energy use. In light is this, and in light of Executive
Order 13563 (``Improving Regulations and Regulatory Review''), we
believe that DOE should modify this rule [in this case, the provisions
prescribed by the October 2010 final rule] so that the burden it
imposes is commensurate with the real-world benefit it provides
(essentially none).'' (emphasis added) (Crown, No. 5 at p.1-2)
Initially, DOE notes that most of Crown Boiler's comment involves
provisions prescribed by the October 2010 final rule rather than those
proposed in the September 2011 NOPR, which are matters beyond the scope
of the current rulemaking. However, DOE is addressing the concerns of
Crown Boiler here because of the interrelationship between these rules.
Crown Boiler maintained that the energy savings potential associated
with limiting the standby mode and off mode power consumption of
residential boilers would be insignificant because of the small
magnitude of energy consumption in these modes. In support of this
position, Crown Boiler estimated that most residential boilers would
consume less than 5W of standby mode and off mode power and that the
annual shipments are only 400,000 units. In response, as summarized in
the September 2011 NOPR and as Crown Boiler acknowledges, the EISA 2007
amendments to EPCA, in relevant part, statutorily require DOE to amend
the test procedures for all covered products (including furnaces and
boilers) to include measures of standby mode and off mode energy
consumption. 76 FR 56339, 56341 (Sept. 13, 2011). Specifically, the
statute 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: (1) The current test procedures for a covered product already
fully account for and incorporate the standby mode and off mode energy
consumption of the covered product; or (2) 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))
Furthermore, although DOE realizes that, as pointed out by Crown
Boiler, the level of standby mode and off mode energy consumption of
boilers is inherently smaller than that of other products, such as
forced air furnaces, it nevertheless represents a significant level of
energy consumption when viewed in the aggregate. For example, the cost
of annual standby mode and off mode energy consumption for the
commenter's estimate of annual shipments (400,000 units) and wattage
would be nearly $2 million each year for a single year's shipments of
boilers (400,000 x 8000 hours x 5W x .00012 $/whr = $1.92 million).
Some amount of this energy consumption could be limited by an
applicable energy conservation standard in the future. This energy
saving potential would be part of the analysis in support of such a
standard. Accordingly, for these reasons, DOE cannot eliminate the
integration of standby mode and off mode into the residential furnaces
and boilers test procedures on the basis of insignificant energy
savings potential.
Crown Boiler also argued that the overall burden of conducting the
additional tests for standby mode and off mode is significant for small
businesses. The commenter specifically stated that the purchase cost of
equipment needed to run the IEC Standard 62301 test is significant for
small boiler manufacturers. On this matter, DOE certified in the
October 2010 final rule that the added provisions to address standby
mode and off mode energy consumption will not a have a significant
economic impact on a significant number of small entities. 75 FR 64621,
64628-29 (Oct. 20, 2010). Furthermore, in the September 2011 NOPR, DOE
tentatively certified that the possible additional burden represented
by the adoption of the second edition of IEC Standard 62301 also would
not have a significant economic impact on a substantial number of small
entities. 76 FR 56339, 56343-44 (Sept. 13, 2011). In today's final
rule, DOE affirms its certification, because it has concluded that the
possible additional equipment cost for affected manufacturers is a
small investment compared to manufacturers' overall financial
investment needed to undertake the business enterprise of testing
consumer products, including residential boilers.
Crown Boiler also commented on the additional testing time that IEC
Standard 62301 (Second Edition) may require on units with unstable
readings. DOE analyzed this issue in the September 2011 NOPR and
tentatively concluded that in the worst case, the labor costs
associated with wait time during testing would result in a small
additional cost of $30 per test unit. Id. at 56344. Crown Boiler
maintained that in addition to the possible labor cost, the waiting
time would result in less availability for the test stand. In response,
DOE does not view this as additional burden, since there is no
provision in the rule that requires the standby mode and off mode
measurements to be made on a particular test stand. Typically, a test
stand for full efficiency testing of boilers would require fossil fuel
and electricity connections, as well as venting arrangements. If such
test stands are in demand, the standby mode and off mode testing could
be done in a more convenient place where only an electrical connection
is needed.
In its comments, Crown Boiler argued that a second testing burden
would arise from the need to separately test different controls systems
on various boiler models for standby mode and off mode energy
consumption. If, in fact, the energy consumption is different for each
type of control system and there are numerous control system options
applied to a given basic model, additional testing may be required for
those basic models. However, this situation is not unlike any other
design feature of a covered product that affects energy consumption.
DOE believes this possible difference between control systems, and its
potential additional testing costs, could be mitigated by the existing
rules regarding conservative ratings, while still satisfying the
requirement in EISA 2007 for incorporation into the DOE test
procedures. In a recent rulemaking on certification, compliance, and
enforcement, DOE clarified the conservative ratings concept within that
final rule's discussion of the concept of ``basic model.'' 76 FR 12422,
12428-29 (March 7, 2011). Specifically, that discussion elaborated on
the permitted flexibility in determining how manufacturers choose to
group individual models into a basic model with essentially identical
energy consumption characteristics. Generally, characteristics, such as
different control systems, that have a small effect on overall energy
consumption or efficiency need not constitute different basic models
and, therefore, would not require additional separate testing. Rather,
at the manufacturer's discretion, a basic model could include a variety
of control systems, provided that the resulting rated energy
consumption would be sufficiently conservative to account for the
least-efficient model within the basic model. DOE believes it is
reasonable to assume that the manufacturer can determine which control
system would be likely to have the highest energy consumption, thereby
allowing the manufacturer to avail itself of the conservative ratings
in lieu of additional testing, if it so chooses.
[[Page 76835]]
Finally, Crown Boiler mentioned as a burden the differences in
ambient air specifications between IEC Standard 62301 and the existing
DOE test procedure. This is not a valid point, because the October 2010
final rule specifies, expressly to eliminate unnecessary burden, that
the existing test procedure specification for ambient air is to be used
for all testing. 75 FR 64621, 64623-25 (Oct. 20, 2010). Today's final
rule does nothing to alter DOE's existing specifications for ambient
temperature.
In sum, the concerns raised by Crown Boiler have not demonstrated
an undue burden associated with DOE's proposed standby mode and off
mode measurement provisions, which have been adopted pursuant to DOE's
mandate in EISA 2007.
Although Crown Boiler would prefer the elimination of standby mode
and off mode measurements for residential boilers, in the alternative,
it requested consideration of some simplification of the measurement
procedures. Specifically, Crown Boiler asked that in lieu of requiring
the IEC Standard 62301 measurements, that manufacturers could be
allowed, as an option, to assess the standby mode and off mode wattage
with a preliminary and less sophisticated measurement procedure. More
specifically, Crown Boiler suggested that if that value is below some
threshold, the manufacturer would be allowed to report a conservative
default value (i.e., a value greater than the measured value). If the
preliminary value is above the relevant threshold, Crown Boiler
suggested that the IEC Standard 62301 provisions must be used. Crown
Boiler mentioned 7.5 watts and 10 watts as the threshold and default
values respectively. This concept could have merit, in that it may
reduce testing burden; however, it may not, in effect, be significantly
different than the conservative rating concept discussed above.
Specifically, the manufacturer, in its discretion, may assess the
magnitude of the standby mode/off mode loss through limited testing and
choose to make a conservative rating. Therefore, DOE believes the
conservative rating allowance is a reasonable pathway for the commenter
to use to reduce testing burden. Accordingly, DOE has concluded that
there is not a compelling need to modify the test procedure to assign
specific threshold and default values along with a defined, less-
accurate test measurement procedure as the commenter suggested.
2. Air-Conditioning, Heating, and Refrigeration Institute Comments
In addition to proposing the use of the second edition of IEC
Standard 62301, the September 2011 NOPR provided rounding guidance
applicable to the new measures of energy consumption for furnaces and
boilers (i.e., PW,SB and PW,OFF). For these
values, the September 2011 NOPR clarified that the rounding guidance
provided in IEC Standard 62301 (Second Edition) would apply. 76 FR
56339, 56342, 56347 (Sept. 13, 2011). Specifically, DOE proposed to add
the following sentence to the measurement provisions of the proposed
regulatory text, where appropriate: ``The recorded standby power
(PW,SB) (or off mode power PW,OFF, where
appropriate) shall be rounded to the second decimal place, and for
loads greater than or equal to 10W, at least three significant figures
shall be reported.'' Id. at 56342. DOE requested comments as to the
adequacy and appropriateness of this clarification. Here, it is
important to note that DOE has established energy conservation
standards utilizing these power measurements (see 76 FR 37408 (June 27,
2011); 76 FR 67037 (Oct. 31, 2011)). These standards are expressed to
two significant figures (i.e., 10 watts PW,SB (or off mode
power PW,OFF, where appropriate) for gas-fired and electric
furnaces and 11 watts PW,SB (or off mode power
PW,OFF, where appropriate) for oil-fired furnaces).
Therefore, certification to these standards, utilizing the IEC rounding
guidance, would likely require reporting to the second decimal place
(i.e., values below the 10 watt level where the IEC rounding guidance
requires three significant figures or the second decimal place). Only
reported values between 11 watts and 10 watts for oil-fired and
electric furnaces would be allowed a single decimal place report using
the IEC rounding guidance. AHRI, in its comments, opined that the
second decimal place rounding represents an unnecessary rounding burden
on manufacturers without adding any value when one considers the
annualized accounting of total electrical energy consumption as
represented in the term ESO. (AHRI No. 7 at p. 1-2)
DOE believes that the IEC rounding provisions for wattage
measurements are appropriate and within the capabilities of the
instrumentation specified in the IEC standard. Specifically, DOE's
review of IEC Standard 62301-compliant instrumentation has determined
that one can easily support this level of reporting. Moreover, the test
procedures for other DOE covered products already utilize IEC Standard
62301 for the wattage measurements, and DOE believes there is benefit
in measuring the standby mode and off mode energy consumption of
various covered products in a consistent manner for the various DOE
requirements (i.e., annual consumption representations or standards
compliance reports). In sum, carrying the IEC level of precision (three
significant figures) through the annualized consumption calculations
does not represent any additional burden, because it is simply a matter
of running a calculation and reporting the result. Accordingly, DOE has
concluded that this comment does not justify a departure from the IEC
provisions, so DOE is adopting the rounding guidance as proposed.
IV. Effective Date and Compliance Dates
The effective date for these amendments is January 30, 2013. At
that time, representations may be made using the new metrics
PW,SB and PW,OFF and any other measure of energy
consumption which depends on PW,SB and PW,OFF,
which were adopted pursuant to these amendments. The compliance date
for any representations relating to standby mode and off mode energy
consumption of residential furnaces and boilers is July 1, 2013; on and
after this date, any such representations must be based upon results
generated under these test procedures and sampling plans.
However, DOE is clarifying here that use of these test procedure
amendments related to standby mode and off mode energy consumption are
not required for purposes of energy conservation standards compliance
until May 1, 2013 (for non-weatherized gas and oil furnaces including
mobile home furnaces, and all electric furnaces); this is the
compliance date of the recently amended energy conservation standards
for residential furnaces, which include standards for standby mode and
off mode energy consumption. 76 FR 37408 (June 27, 2011); 76 FR 67037
(Oct. 31, 2011). Again, DOE makes this statement with the caveat that
the amended standards only apply to furnaces and not boilers. Amended
energy conservation standards addressing standby mode and off mode for
boilers will be addressed and apply on the compliance date for the next
energy conservation standards rulemaking for those products.
V. Compliance With Other EPCA Requirements
EPCA requires that any test procedures prescribed or amended must
[[Page 76836]]
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
it must not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) If
DOE amends its test procedures, it must determine to what extent, if
any, the proposed test procedure would alter the measured energy
efficiency or energy use of the 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 energy
efficiency or energy use, it must amend the applicable energy
conservation standard to reflect the average energy efficiency or
energy use, as determined using the amended test procedure. (42 U.S.C.
6293(e)(2))
Today's amendments to the DOE test procedure for residential
furnaces and boilers incorporates the most current version of IEC
Standard 62301 in lieu of the previous version. DOE has concluded that
these new provisions will continue to produce valid test results, while
reducing testing burden. Accordingly, this final rule meets the
requirements of 42 U.S.C. 6293(b)(3).
In addition, DOE has determined that these amendments will not
alter the measured efficiency or energy use when determining compliance
with the current energy conservation standards for these products or
with future standards related to standby mode and off mode for
furnaces. Accordingly, no modifications to the currently applicable
energy conservation standards are required. This is because the
currently applicable energy conservation standard is based on the
annual fuel utilization efficiency (AFUE) metric which does not include
or depend on the new measures of energy consumption regarding standby
mode and off mode. In addition, consistent with its mandate pursuant to
EISA 2007, DOE is further clarifying here that use of these test
procedure amendments related to standby mode and off mode energy
consumption are not required for purposes of energy conservation
standards compliance, until the compliance date of the next standards
final rule that addresses standby mode and off mode. As noted above,
DOE has adopted amended energy efficiency standards, as well as standby
mode and off mode energy conservation standards, for residential
furnaces (but not boilers). 76 FR 37408 (June 27, 2011); 76 FR 67037
(Oct. 31, 2011).
Lastly, DOE does not believe that these test procedure amendments,
which adopt a revised version of the IEC test procedure, would
significantly alter the energy consumption as measured by the existing
DOE test procedure provisions related to standby mode and off mode for
residential furnaces and boilers, because the test procedure provisions
of IEC Standard 62301 (Second Edition) are limited to providing
additional accuracy for the measurements and clarification on the test
method. Consequently, DOE does not believe that potential adoption of
amendments pertaining to these clarifications and additions would alter
any estimates of energy consumption under either DOE's current energy
conservation standards or the recently promulgated amended standards.
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review.'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this
regulatory 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., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires preparation of an initial regulatory flexibility analysis for
any rule that, by law, must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
A regulatory flexibility analysis examines the impact of the rule on
small entities and considers alternative ways of reducing negative
effects. Also, as required by Executive Order 13272, ``Proper
Consideration of Small Entities in Agency Rulemaking,'' 67 FR 53461
(August 16, 2002), DOE published procedures and policies on February
19, 2003, to ensure that the potential impacts of its rules on small
entities are properly considered during the DOE rulemaking process. 68
FR 7990. DOE has made its procedures and policies available on the
Office of the General Counsel's Web site at www.gc.doe.gov/gc/office-general-counsel.
Today's final rule adopts test procedure provisions to measure
standby mode and off mode energy consumption of residential furnaces
and boilers, generally through the incorporation by reference of IEC
Standard 62301 (Second Edition). DOE reviewed today's final rule under
the provisions of the Regulatory Flexibility Act and the policies and
procedures published on February 19, 2003. For the reasons explained
below, DOE certifies that the final rule will not have a significant
impact on a substantial number of small entities.
As noted above, the test procedure incorporates by reference
provisions from IEC Standard 62301 for the measurement of standby mode
and off mode energy consumption. IEC Standard 62301 is widely accepted
and used internationally to measure electric power in standby mode and
off mode.
Based on its analysis of IEC Standard 62301 (Second Edition), DOE
has determined that the only possible additional burden represented by
the adoption of IEC Standard 62301 (Second Edition) is associated with
the testing time. For measurements of power consumption that are
determined to be stable, test time would not change. Test time would
increase under IEC Standard 62301 (Second Edition), as compared to IEC
Standard 62301 (First Edition), should the stability test indicate that
the power is being used in a variable manner. For these cases, the
revised procedure would increase the time of measurement from the
current 15 minutes to up to 60 minutes. No additional setup time would
be required for these tests. This possible increase in test time does
not necessarily require active labor, because no additional set up is
required, and the additional time essentially amounts to a waiting
period to determine stability. Nonetheless, assuming the 45 minutes
additional test time does incur additional labor cost, the worst-case
estimate of an additional $30 per test unit is a small incremental
change compared to the overall financial investment needed to undertake
the business enterprise of testing consumer products. For these
reasons, DOE does not believe that this final rule adds significant
costs nor requires any significant investment in test facilities or new
equipment.
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 333415, which applies to Air-Conditioning and Warm
[[Page 76837]]
Air Heating Equipment and Commercial and Industrial Refrigeration
Equipment Manufacturing (including residential furnaces and boilers),
is 750 employees.\4\ DOE reviewed the Air-Conditioning, Heating, and
Refrigeration Institute's Directory of Certified Product Performance
for Residential Furnaces and Boilers (June 7, 2010),\5\ the ENERGY STAR
Product Databases for Gas and Oil Furnaces (Jan. 4, 2010),\6\ the
California Energy Commission's Appliance Database for Residential
Furnaces and Boilers,\7\ and the Consortium for Energy Efficiency's
Qualifying Furnace and Boiler List (2010).\8\ From this review, DOE
found that there are approximately 14 small businesses in the furnace
and boiler industry. Even though there are a significant number of
small businesses within the furnace and boiler industry, DOE has
concluded that the test procedure amendments contained in this final
rule would not represent a substantial burden to any manufacturer,
including small manufacturers, as explained above.
---------------------------------------------------------------------------
\4\ U.S. Small Business Administration, Table of Small Business
Size Standards (Nov. 5, 2010) (Available at: http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf).
\5\ The Air-Conditioning, Heating and Refrigeration Institute,
Directory of Certified Product Performance (June 7, 2010) (Available
at: http://www.ahridirectory.org/ahridirectory/pages/home.aspx).
\6\ The U.S. Environmental Protection Agency and the U.S.
Department of Commerce, ENERGY STAR Furnaces--Product Databases for
Gas and Oil Furnaces (Jan. 4, 2010) (Available at: http://www.energystar.gov/index.cfm?c=furnaces.pr_furnaces).
\7\ The California Energy Commission, Appliance Database for
Residential Furnaces and Boilers (2010) (Available at: http://www.appliances.energy.ca.gov/QuickSearch.aspx).
\8\ Consortium of Energy Efficiency, Qualifying Furnace and
Boiler List (2010) (Available at: http://www.cee1.org/gas/gs-ht/gs-ht-main.php3).
---------------------------------------------------------------------------
Accordingly, DOE has not prepared a regulatory flexibility analysis
for this rulemaking. DOE's certification and supporting statement of
factual basis were provided to the Chief Counsel for Advocacy of the
SBA for review under 5 U.S.C. 605(b). DOE did not receive any comments
demonstrating a significant economic impact on any small entities.
Thus, DOE reaffirms and certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
C. Review Under the Paperwork Reduction Act of 1995
Today's final rule would impose no new information 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
In this rule, DOE is amending the test procedure for residential
furnaces and boilers to address measurement of the standby mode and off
mode energy consumption of these products. DOE has determined that this
final rule falls into a class of actions that are categorically
excluded from review under the National Environmental Policy Act of
1969 (Pub. L. 91-190, codified at 42 U.S.C. 4321 et seq.), and DOE's
implementing regulations at 10 CFR part 1021. Specifically, this final
rule, which adopts an industry standard for measurement of standby mode
and off mode energy consumption, amends an existing rule without
changing its environmental effect, and, therefore, is covered by
Categorical Exclusion A5 found in 10 CFR part 1021, subpart D, appendix
A. Today's final rule does not affect the amount, quality, or
distribution of energy usage, and, therefore, does not result in any
environmental impacts.\9\ Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
---------------------------------------------------------------------------
\9\ Categorical Exclusion A5 provides: ``Rulemaking interpreting
or amending an existing rule or regulation that does not change the
environmental effect of the rule or regulation being amended.''
---------------------------------------------------------------------------
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' imposes certain requirements
on agencies formulating and implementing policies or regulations that
preempt State law or that have Federalism implications. 64 FR 43255
(August 10, 1999). The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States, and to carefully
assess the necessity for such actions. The Executive Order also
requires agencies to have an accountable process to ensure meaningful
and timely input by State and local officials in the development of
regulatory policies that have Federalism implications. On March 14,
2000, DOE published a statement of policy describing the
intergovernmental consultation process that it will follow in
developing such regulations. 65 FR 13735. DOE has examined this final
rule and has determined that it does not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of today's final
rule. States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d))
Therefore, Executive Order 13132 requires no further action.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Regarding the review required by section 3(a),
section 3(b) of Executive Order 12988 specifically requires that
Executive agencies make every reasonable effort to ensure that the
regulation: (1) Clearly specifies the preemptive effect, if any; (2)
clearly specifies any effect on existing Federal law or regulation; (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction; (4) specifies the retroactive
effect, if any; (5) adequately defines key terms; and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. Section 3(c) of
Executive Order 12988 requires Executive agencies to review regulations
in light of applicable standards in sections 3(a) and 3(b) to determine
whether they are met or it is unreasonable to meet one or more of them.
DOE has completed the required review and determined that, to the
extent permitted by law, this 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, codified at 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 regulatory
actions likely to result in a rule that may cause expenditures 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
[[Page 76838]]
requires a Federal agency to publish a written statement that estimates
the resulting costs, benefits, and other effects on the national
economy. (2 U.S.C. 1532(a) and (b)) Section 204 of 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.'' UMRA also requires
an agency plan for giving notice and opportunity for timely input to
small governments that may be potentially affected before establishing
any requirement that might significantly or uniquely affect them. On
March 18, 1997, DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820. (This policy is
also available at http://www.gc.doe.gov/gc/office-general-counsel).
Today's final rule, which modifies the current test procedures for
residential furnaces and boilers, contains neither an intergovernmental
mandate, nor a mandate that may result in the expenditure by State,
local, and Tribal governments, or by the private sector, of $100
million or more in any year. Accordingly, no further assessment or
analysis is required under the Unfunded Mandates Reform Act of 1995.
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 final rule amending DOE test procedures would not have any
impact on the autonomy or integrity of the family as an institution.
Accordingly, DOE has concluded that it is not necessary to prepare a
Family Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 15, 1988), DOE has determined that this final rule will not
result in any takings that might require compensation under the Fifth
Amendment to the United States Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (Pub.
L. 106-554, codified at 44 U.S.C. 3516 note) provides for agencies to
review most disseminations of information to the public under
information quality 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 final rule under the OMB
and DOE guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. Today's final rule is
not a significant regulatory action under Executive Order 12866 or any
successor order; will not have a significant adverse effect on the
supply, distribution, or use of energy; and has not been designated by
the Administrator of OIRA as a significant energy action. Therefore,
DOE has determined that this rule is not a significant energy action.
Accordingly, DOE has not prepared a Statement of Energy Effects for
this rulemaking.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101 et seq.), DOE must comply with all laws
applicable to the former Federal Energy Administration, including
section 32 of the Federal Energy Administration Act of 1974 (Pub. L.
93-275), as amended by the Federal Energy Administration Authorization
Act of 1977 (Pub. L. 95-70). (15 U.S.C. 788) Section 32 provides that
where a proposed rule authorizes or requires use of commercial
standards, the notice of proposed rulemaking must inform the public of
the use and background of such standards. In addition, section 32(c)
requires DOE to consult with the Attorney General and the Federal Trade
Commission (FTC) concerning the impact of commercial or industry
standards on competition.
Certain of the amendments and revisions in this final rule
incorporate testing methods contained in the following commercial
standard, the International Electrotechnical Commission (IEC) Standard
62301, ``Household electrical appliances--Measurement of standby
power'' (Second Edition 2011). DOE has evaluated this standard and is
unable to conclude whether it fully complies with the requirements of
section 32(b) of the Federal Energy Administration Act (i.e., that it
was developed in a manner that fully provides for public participation,
comment, and review). DOE has consulted with the Attorney General and
the Chairman of the FTC concerning the impact on competition of
requiring manufacturers to use the test methods contained in this
standard, and neither recommended against incorporation of this
standard.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's final rule before its effective date. The
report will state that it has been determined that the rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on November 16, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE is amending part 430 of
Chapter II, Subchapter D of Title 10 of the Code of Federal
Regulations, as set forth below:
[[Page 76839]]
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
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.
Sec. 430.3 [Amended]
0
2. Section 430.3 is amended by:
0
a. Removing, in paragraph (m)(1), the words ``appendix I, and appendix
N'' and adding in its place ``and appendix I'';
0
b. Adding after ``J2,'' in paragraph (m)(2), ``N,''.
0
3. Appendix N to subpart B of part 430 is amended:
0
a. By revising the second sentence of the introductory note.
0
b. In section 2.4., by removing the phrase ``(First Edition 2005-06)''
and adding in its place ``(Edition 2.0 2011-01)'';
0
c. In section 8.6.1, by removing in the third sentence, the phrase
``4.5 Power measurement accuracy'' and adding in its place, the phrase
``4.4 Power measurement instruments'' and by adding a sentence at the
end of the section.
0
d. In section 8.6.2, by removing in the third sentence, the phrase
``4.5 Power measurement accuracy'' and adding in its place the phrase
``4.4 Power measurement instruments'', and by adding a sentence at the
end of the section.
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
Note: * * * However, any representation related to standby mode
and off mode energy consumption of these products made after July 1,
2013 must be based upon results generated under this test procedure,
consistent with the requirements of 42 U.S.C. 6293(c)(2). * * *
* * * * *
8.6.1 Standby power measurement. * * * The recorded standby
power (PW,SB) shall be rounded to the second decimal
place, and for loads greater than or equal to 10W, at least three
significant figures shall be reported.
8.6.2. Off mode power measurement. * * * The recorded off mode
power (PW,OFF) shall be rounded to the second decimal
place, and for loads greater than or equal to 10W, at least three
significant figures shall be reported.
* * * * *
[FR Doc. 2012-31175 Filed 12-28-12; 8:45 am]
BILLING CODE 6450-01-P