[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Proposed Rules]
[Pages 7681-7695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02168]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 /
Proposed Rules
[[Page 7681]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2013-BT-TP-0008]
RIN 1904-AC96
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 announcement of public
meeting.
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SUMMARY: The U.S. Department of Energy (DOE) proposes to revise its
test procedure for residential furnaces and boilers established under
the Energy Policy and Conservation Act. This rulemaking would adopt
needed equations, applicable to certain classes of these products,
which were omitted from the relevant industry standard incorporated by
reference in the DOE test procedure.
DATES: Meeting: DOE will hold a public meeting on Wednesday, March 13,
2013, from 9:00 a.m. to 12:00 p.m., in Washington, DC. The meeting will
also be broadcast as a webinar. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants.
Comments: DOE will accept comments, data, and information regarding
this notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than April 22, 2013. See section V, ``Public
Participation,'' for details.
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. To attend, 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 at the phone number
above to initiate the necessary procedures. Please also note that any
person wishing to bring a laptop computer into the Forrestal Building
will be required to obtain a property pass. Visitors should avoid
bringing laptops, or allow an extra 45 minutes. Persons may also attend
the public meeting via webinar. For more information, refer to section
V, ``Public Participation,'' section near the end of this notice.
Interested parties are encouraged to submit comments using the
Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested parties
may submit comments, identified by docket number EERE-2013-BT-TP-0008
and/or regulatory information number (RIN) number 1904-AC96, by any of
the following methods:
Email: ResFurnBoilers2013TP0008@ee.doe.gov Include the
docket number EERE-2013-BT-TP-0008 and/or RIN 1904-AC96 in the subject
line of the message. Submit electronic comments in WordPerfect,
Microsoft Word, PDF, or ASCII file format, and avoid the use of special
characters or any form of encryption.
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue SW., Washington, DC, 20585-0121. If possible,
please submit all items on a compact disc (CD), in which case it is not
necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC, 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
Instructions: All submissions received must include the agency name
and docket number and/or RIN for this rulemaking. No telefacsimilies
(faxes) will be accepted. For detailed instructions on submitting
comments and additional information on the rulemaking process, see
section V of this document (Public Participation).
Docket: The docket 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 publicly
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;D=EERE-2013-BT-TP-0008. This web
page contains a link to the docket for this notice on the
www.regulations.gov site. The www.regulations.gov web page contains
simple instructions on how to access all documents, including public
comments, in the docket. See section V, ``Public Participation,'' for
information on how to submit comments through www.regulations.gov.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact Ms. Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, 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) 586-6590. Email:
Ashley.Armstrong@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.
For information on how to submit or review public comments, 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. Email: Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
[[Page 7682]]
A. Description of AFUE Inflation Issues Associated with Omitting
Cool-Down and Heat-Up Testing for Two-Stage and Modulating
Condensing Furnaces and Boilers
B. Options To Correct Existing Test Procedure
1. Suspend the Use of Section 9.10 for Two-Stage and Modulating
Condensing Furnaces and Boilers
2. Develop Additional Equations to Correct Existing Test
Procedure
C. Results of Preliminary DOE Testing
D. Proposed Corrective Action
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under 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 and Prepared
General Statements for Distribution
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
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.\2\ These include residential
furnaces and boilers, the subject of today's notice. (42 U.S.C.
6292(a)(5)) \3\
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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 document refer to the statute
as amended through the American Energy Manufacturing Technical
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
\3\ Under 42 U.S.C. 6292(a)(5), the statute establishes
``furnaces'' as covered products. Originally, boilers were
considered a class of furnaces. However, amendments to EPCA in the
Energy Independence and Security Act of 2007 (EISA 2007), Public Law
110-140 (Dec. 19, 2007), distinguished between furnaces and boilers
in 42 U.S.C. 6295(f) by adding the text ``and boilers'' to the title
of that section and by prescribing standards for boiler products.
Although EISA 2007 did not similarly update 42 U.S.C. 6292(a)(5), it
is implicit that this coverage continues to include boilers.
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Under EPCA, 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: (1) Certifying to DOE that their products comply
with the applicable energy conservation standards adopted pursuant to
EPCA, and (2) 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 requirements when determining whether the products
comply with any relevant standards promulgated under EPCA. (42 U.S.C.
6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
that DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides, in relevant part, that any test
procedures prescribed or amended under this section must 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 must
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, DOE has tentatively concluded that any test
procedure changes arising from this rulemaking would not impact
existing energy conservation standards for residential furnaces and
boilers, because such changes would simply allow for the generation of
accurate information reflecting the energy efficiency of affected basic
models, which are typically comfortably above the existing minimum
standard level.
DOE's current energy conservation standards for residential
furnaces and boilers are expressed as minimum annual fuel utilization
efficiency (AFUE). AFUE is an annualized fuel efficiency metric that
fully accounts for fuel consumption in active, standby, and off modes.
The existing DOE test procedure for determining the AFUE of residential
furnaces and boilers is located at 10 CFR part 430, subpart B, Appendix
N, Uniform Test Method for Measuring the Energy Consumption of Furnaces
and Boilers. The current DOE test procedure for residential furnaces
and boilers was originally established by a final rule published in the
Federal Register on May 12, 1997, and it incorporates by reference
American National Standards Institute (ANSI)/American Society of
Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE)
Standard 103-1993, Method of Testing for Annual Fuel Utilization
Efficiency of Residential Central Furnaces and Boilers (ASHRAE 103-
1993). 62 FR 26140, 26157 (incorporated by reference at 10 CFR
430.3(f)(9)). On October 14, 1997, DOE published an interim final rule
in the Federal Register to revise a provision concerning the insulation
of the flue collector box in order to ensure the updated test procedure
would not affect the measured AFUE of existing furnaces and boilers.
(62 FR 53508.) This interim final rule was subsequently adopted without
change in a final rule published in the Federal Register on February
24, 1998. 63 FR 9390.
On October 20, 2010, DOE amended its test procedure for furnaces
and boilers to establish a method for measuring the electrical energy
use in standby mode and off mode for gas and oil-fired furnaces and
boilers pursuant to requirements established by EISA 2007. 75 FR 64621.
These test procedure amendments were primarily based on and
incorporated by reference provisions of the International
Electrotechnical Commission (IEC) Standard 62301 (First Edition),
``Household electrical appliances--Measurement of standby power.'' On
December 31, 2012, DOE published a final rule in the Federal Register
that updated the incorporation by reference of the standby mode and off
mode test procedure provisions to refer to the latest edition of IEC
Standard 62301 (Second Edition). 77 FR 76831.
On January 4, 2013, DOE published a request for information (RFI)
in the Federal Register that requested comment and information on a
variety of issues relating to the residential furnace and boiler AFUE
test method. 78 FR 675. Key issues discussed in the RFI include avenues
for reducing test burden and the addition of a performance test for
automatic means of adjusting water temperature in hot water boilers.
II. Summary of the Notice of Proposed Rulemaking
In this notice of proposed rulemaking (NOPR), DOE proposes to
modify the existing DOE testing procedures for residential furnaces and
boilers to address an omission in the current test procedure regarding
the calculation of AFUE for two-stage and modulating condensing
furnaces and boilers that employ the optional procedure to skip
[[Page 7683]]
the heat-up and cool-down tests, as described in section 9.10 (Optional
Test Procedure for Condensing Furnaces and Boilers That Have No Off-
Period Flue Losses) of ASHRAE 103-1993. Section 9.10 of ASHRAE 103-
1993, which is incorporated by reference into the DOE test procedure
for use at Appendix N to subpart B of 10 CFR part 430, allows certain
condensing furnaces and boilers to omit the heat-up and cool-down tests
provided that the model: (1) Has no measurable airflow through the
combustion chamber and heat exchanger during the burner off-period, and
(2) has post-purge period(s) of less than 5 seconds. Specifically,
section 9.10 of ASHRAE 103-1993 reads as follows:
For units designed with no measurable airflow through the
combustion chamber and heat exchanger during the burner off-period
and having post-purge periods of less than 5 seconds, DF and DP may
be set equal to 0.05. At the discretion of the one testing, the
cool-down and heat-up tests specified in 9.5 and 9.6 may be omitted
on such units. In lieu of conducting the cool-down and heat-up
tests, the tester may use the losses determined during the steady-
state test described in 9.1 when calculating heating seasonal
efficiency, EffyHS.
For single-stage condensing furnaces and boilers, section 11.3.11.3
of ASHRAE 103-1993 provides two separate equations to calculate the
heating seasonal efficiency (which contributes to the ultimate
calculation of AFUE). One equation is based on the results of the heat-
up and cool-down tests described in sections 9.5 and 9.6 and is to be
used if these tests were conducted, and the other equation is based on
the results of the steady-state test described in section 9.1 and is to
be used if these tests were not conducted and the option in section
9.10 was employed instead. Having two separate equations for this
section adequately addresses the difference in the data collected
depending on whether the option in section 9.10 is employed. Therefore,
for single-stage condensing boilers and furnaces, the necessary
equations are already present for the calculation of AFUE when the
optional procedure described in section 9.10 is utilized.
However, for two-stage and modulating condensing furnaces and
boilers, there are no corresponding equations provided in ASHRAE 103-
1993 to calculate the heating seasonal efficiency (which contributes to
the ultimate calculation of AFUE) if the option in section 9.10 is
selected. The only equation provided in the test procedure to calculate
the heating seasonal efficiency for two-stage and modulating condensing
furnaces and boilers requires values for the part-load efficiencies,
which are based on the results of the heat-up and cool-down tests.
Therefore, if two-stage and modulating condensing furnaces or boilers
were tested and the heat-up and cool-down tests were omitted in
accordance with section 9.10, the part-load efficiencies, heating
seasonal efficiency, and resulting AFUE would all be erroneous if
calculated using the DOE test method. DOE is aware that many boiler
manufacturers have utilized the optional section 9.10 provisions for
two-stage and modulating condensing boilers, regardless of the fact
that no equations exist in section 11.5.11 that would provide for the
calculation of the part-load efficiencies for such equipment. In
calculating the AFUE, manufacturers have used ``0'' for the
temperatures that would be taken during the heat-up and cool-down
tests. Research into this issue conducted by the Air-conditioning,
Heating, and Refrigeration Institute (AHRI) revealed that AFUE values
calculated for boilers using this approach are inflated from one to
four percent above their true values. (AHRI, No. 1 at p. 6)
DOE has considered two options to correct this issue for two-stage
and modulating condensing furnaces and boilers, including: (1) suspend
the use of the option in section 9.10 and require heat-up and cool-down
tests be performed; and (2) develop or adopt a new set of equations to
address the use of the option in section 9.10.
DOE has tentatively determined that the best course of action is to
proceed with adopting equations to address the use of the option in
section 9.10. Accordingly, DOE is proposing in today's NOPR to amend
the test procedure to include equations that would allow for the
calculation of the part-load efficiencies at the maximum input rate and
reduced input rates (and ultimately AFUE) of two-stage and modulating
condensing furnaces and boilers when utilizing the option to skip the
heat-up and cool-down tests, as provided under section 9.10 of ASHRAE
103-1993.
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 or measured energy use 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 or measured energy use of a covered
product, DOE must amend the applicable energy conservation standard
accordingly. (42 U.S.C. 6293(e)(2))
The proposed test procedure amendments include a revised method for
calculating the AFUE for two-stage and modulating condensing furnaces
and boilers. While this change may lead to a revised AFUE rating for
certain residential furnaces or boilers, DOE does not believe that the
resulting changes in AFUE would require amending the applicable energy
conservation standard or affect compliance with the standard by the
models at issue here. As noted, the error applies only to two-stage and
modulating condensing models, which test well above the current minimum
standards. The current minimum energy conservation standards are based
on AFUE ratings that correspond to non-condensing furnaces and boilers,
and those values would not change as a result of today's proposal to
remedy the omission of necessary equations pertaining to condensing
models. DOE does not foresee that a model that would need to be re-
rated using the equation proposed in today's notice would have a
resulting AFUE below the minimum required efficiency.
III. Discussion
A. Description of AFUE Inflation Issues Associated With Omitting Cool-
Down and Heat-Up Testing for Two-Stage and Modulating Condensing
Furnaces and Boilers
Recent investigation by AHRI has demonstrated that the DOE test
procedure erroneously omits an equation needed to calculate the AFUE
rating of two-stage and modulating condensing furnaces or boilers that
utilize an optional procedure allowing the tester to skip the heat-up
and cool-down tests. This error carries through to the software
commonly used in the heating industry to rate and verify the energy
efficiency of residential furnaces and boilers, and, thus, the software
produces an erroneously high energy efficiency rating for some types of
product under certain conditions. DOE has since independently confirmed
these findings.
The Federal test procedure for determining the energy efficiency of
residential furnaces and boilers in Appendix N to Subpart B of 10 CFR
part 430 is based largely upon ASHRAE 103-1993, which the DOE test
procedure incorporates by reference. A product's energy efficiency
rating is expressed in terms of AFUE, which is an estimate of the
product's fuel consumption during the heating season when operating
under a set of standard conditions.
[[Page 7684]]
Energy lost during a product's transient heat-up and cool-down stages
and during steady-state operation reduces the product's AFUE rating,
which can be no higher than 100 percent.
ASHRAE 103-1993 requires consideration of several sources of energy
loss when determining a product's energy efficiency rating. For non-
weatherized residential boilers, which DOE requires be rated as indoor
units (10 CFR part 430, subpart B, Appendix N, section 10.1 in the
definition of EffyHS), all energy loss is in the form of
heat exhausted from the product's vent system. During the burner's on-
cycle, losses consist of residual heat in the flue gases and flue gas
condensate. During the burner off-cycle, losses include heat
transferred from the product's heat exchanger to any air that moves
through the heat exchanger when the combustion air fan is running to
purge combustible gases from the boiler and/or naturally due to
residual draft in the vent system. If the product draws combustion air
from inside the heated space, losses also include the heat contained in
the warm room air vented during the on-cycle and off-cycle (i.e.,
infiltration loss). Since boilers are rated as indoor units, off-cycle
infiltration losses can be significant, therefore most mid-efficiency
boilers are equipped with vent dampers to minimize the loss of room air
in the off cycle. Also, because boiler heat exchangers retain a
significant amount of heat in the form of hot water, off-cycle sensible
heat losses \4\ can be significant.
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\4\ ``Sensible heat'' is heat exchanged by a body or
thermodynamic system that is the result of a change of temperature.
The term is used in contrast to ``latent heat,'' which is the amount
of heat exchanged without change of temperature.
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In contrast to residential boilers, DOE requires that non-
weatherized residential furnaces be rated as isolated combustion
systems (ICS) (10 CFR 430, subpart B, Appendix N, section 10.1 in the
definition of EffyHS). This means that furnaces are assumed
to draw all combustion air from outside the building. Since no indoor
air is used for the combustion process, there is no efficiency penalty
related to heating the unconditioned air which would infiltrate the
house. Moreover, furnace heat exchangers have lower residual thermal
mass than boiler heat exchangers, so off-cycle sensible losses are less
significant.
Off-cycle infiltration and sensible heat losses are quantified by
the heat-up and cool-down tests contained in ASHRAE 103-1993. In these
tests, the test engineer measures the temperature and mass flow of the
vent gases as the flue gases rise to steady-state temperature and after
the burner is turned off. However, the test engineer is allowed to omit
the heat-up and cool-down tests for condensing furnaces and boilers
that are ``units designed with no measurable airflow through the
combustion chamber and heat exchanger during the burner off-period and
having post-purge periods of less than 5 seconds.'' (See ASHRAE 103-
1993, section 9.10, ``Optional Test Procedures for Condensing Furnaces
and Boilers That Have No Off-Period Flue Losses.'') Since air movement
through the heat exchanger in the off-cycle is responsible for any off-
cycle AFUE penalties for boilers, when no air can flow through the heat
exchanger in the off-cycle, there is no AFUE penalty to be calculated.
Thus, ASHRAE 103-1993 reasonably disregards infiltration and sensible
heat losses in the off-cycle for condensing products when air cannot
flow through the heat exchanger by allowing the manufacturer the option
to omit the heat-up and cool-down tests. This reduces the testing
burden and would have a negligible effect on a product's AFUE rating.
At the present time, the judgment of whether a unit is designed
with no measurable off-cycle airflow typically has been determined at
the discretion of the testing engineer and/or the manufacturer who is
responsible for testing. DOE plans to investigate objective methods for
determining whether units have no measurable off-cycle airflow in a
separate, ongoing test procedure rulemaking for furnaces and
boilers.\5\ Should the test engineer elect to omit the heat-up and
cool-down tests, ASHRAE 103-1993 provides an alternate calculation that
omits the results of those tests for single-stage condensing products
(section 11.3.11.3). However, the alternate calculation applies only to
products having a single firing rate--there is no counterpart in
section 11.5.11 for two-stage and modulating condensing products. Thus,
ASHRAE 103-1993 and the Federal test procedure do not provide a method
of calculating AFUE for two-stage and modulating condensing products
when the heat-up and cool-down tests are omitted, even though the test
procedure explicitly provides for such an option. This ambiguity has
worked its way into the AFUE calculation software \6\ commonly employed
by industry in testing and rating residential furnaces and boilers. The
software was originally developed by the National Institute of Science
and Technology (NIST), before being reprogrammed for use with Microsoft
Windows and offered for sale by the Gas Appliance Manufacturers
Association (GAMA), which is now AHRI. AHRI is the trade association
for manufacturers of heating equipment, and it also administers an
industry energy efficiency verification program.
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\5\ For more information on the ongoing test procedure
rulemaking for residential furnaces and boilers, see: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/55
\6\ DOE notes that the software voluntarily used by
manufacturers to streamline the calculations in Appendix N to
Subpart B of Part 430 is not DOE-issued or approved. It is the
manufacturer's responsibility to ensure that any software employed
to automate the DOE test procedure equations is consistent with the
exact methods in the test procedure.
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As noted above, when calculating the AFUE of a product for which
the heat-up and cool-down tests have been omitted, test engineers have
been substituting 0 [deg]F for various temperatures ordinarily measured
during the omitted tests. For single-stage condensing equipment, these
zeros trigger the AFUE calculator to use the correct alternate
equation. However, for two-stage and modulating condensing equipment,
the AFUE calculator erroneously uses those zeros in the ordinary
efficiency calculation as if the heat-up and cool-down tests were
actually performed. The calculated results indicate that the boiler
seems to be recovering heat during heat-up and cool-down instead of
losing it, which inflates its AFUE rating, and according to AHRI, the
error results in the over-rating of AFUE in two-stage and modulating
condensing products by one to four percent. (AHRI, No. 1 at p. 6) The
error applies to any two-stage or modulating condensing product for
which the heat-up and cool-down tests have been omitted. Based on
assertions from AHRI, such over-rating appears to be common for high-
efficiency condensing boilers and no other product type. (AHRI, No. 1
at p. 2)
B. Options To Correct Existing Test Procedure
In considering how to address the omitted calculation for two-stage
and modulating condensing furnaces and boilers, DOE considered two
potential options: (1) Suspending the use of section 9.10 for those
models; and (2) developing or adopting a new set of equations to
address the use of the option in section 9.10 with those models. Each
of these potential options is discussed in detail below.
1. Suspend the Use of Section 9.10 for Two-Stage and Modulating
Condensing Furnaces and Boilers
The existing DOE test procedure currently does not provide the
necessary
[[Page 7685]]
equations to accommodate the use of the option in section 9.10 of
ASHRAE 103-1993 for two-stage and modulating condensing equipment in
the calculations provided in section 11.5.11. If DOE were simply to
suspend the use of section 9.10 for two-stage and modulating products,
manufacturers and test engineers would need to conduct heat-up and
cool-down tests for all two-stage and modulating furnaces and boilers,
both condensing and non-condensing.
DOE considered this option as a straightforward approach that could
be implemented quickly, would eliminate confusion, and would resolve
this issue. Requiring the heat-up and cool-down tests would also ensure
more accurate AFUE ratings than those developed using the optional
method in section 9.10. However, this approach would also increase test
burden on manufacturers and industry. Not only would this be an issue
for manufacturers rating equipment efficiency in the future, but
initially, it would require a significant amount of re-rating of
existing equipment through additional testing, which could
significantly burden test labs. Upon considering these concerns and the
potential alternatives discussed later in this section, DOE has
tentatively decided not to pursue this option.
2. Develop Additional Equations To Correct Existing Test Procedure
ASHRAE 103-1993 lacks equations for determining heating seasonal
efficiency for two-stage and modulating condensing furnace and boiler
products when the heat-up and cool-down tests are omitted. For single-
stage equipment, when the heat-up and cool-down tests are omitted, an
alternate equation is provided in which cyclic sensible and
infiltration loss factors are replaced with the steady-state sensible
heat loss factor, corrected for outdoor air temperature if applicable.
More specifically, in section 11.3.11.3, ``Heating Seasonal
Efficiency,'' the alternate equation substitutes the steady-state
sensible heat loss adjusted for outdoor air temperature when
applicable, in place of the sum of the sensible and infiltration heat
losses during the on and off cycles.
If the option in section 9.10 of ASHRAE 103-1993 is not employed:
[GRAPHIC] [TIFF OMITTED] TP04FE13.039
If the option in section 9.10 of ASHRAE 103-1993 is employed:
[GRAPHIC] [TIFF OMITTED] TP04FE13.040
So, under the option in section 9.10 of ASHRAE 103-1993,
(CS)(LS,SS) is substituted for (LS,ON + LS,OFF + LI,ON + LI,OFF).
This concept of replacing cyclic infiltration and sensible heat
losses with steady-state infiltration and sensible heat losses also
applies when dealing with two-stage and modulating condensing furnaces
and boilers. DOE proposes the following equations for use in testing
two-stage and modulating condensing furnaces and boilers when employing
the option in section 9.10 of ASHRAE 103-1993:
11.5.11.1 Part-Load Efficiency at Reduced Fuel Input Rate
[GRAPHIC] [TIFF OMITTED] TP04FE13.041
Where:
LS,SS = value as defined in section 11.5.6 at reduced input rate
CS = value as defined in section 11.5.10.1 at reduced input rate
11.5.11.2 Part-Load Efficiency at Maximum Fuel Input Rate
[GRAPHIC] [TIFF OMITTED] TP04FE13.042
Where:
LS,SS = value as defined in section 11.5.6 at maximum input rate
CS = value as defined in section 11.5.10.1 at maximum input rate
In its investigation of the issue, AHRI developed identical
equations to accommodate the option of omitting the
[[Page 7686]]
heat-up and cool-down tests, as they pertain to two-stage and
modulating condensing furnaces and boilers. (AHRI, No. 2 at p. 1)
C. Results of Preliminary DOE Testing
DOE conducted testing on two modulating condensing residential
boilers to validate the equations discussed above. The test results
showed that the AFUEs calculated by omitting the heat-up and cool-down
tests and using of the equations discussed in section III.B.2 were
within 0.04 percent AFUE of the AFUE determined using the heat-up and
cool-down tests. Tables III.1 and III.2 show the results of the testing
and various intermediate values for the two boilers, labeled boilers
``A'' and ``B.''
[GRAPHIC] [TIFF OMITTED] TP04FE13.043
[[Page 7687]]
[GRAPHIC] [TIFF OMITTED] TP04FE13.044
[[Page 7688]]
[GRAPHIC] [TIFF OMITTED] TP04FE13.045
[[Page 7689]]
[GRAPHIC] [TIFF OMITTED] TP04FE13.046
As shown in the tables above, the difference between the AFUE
values calculated using section 9.10 of ASHRAE 103-1993 with the
proposed equations and the AFUE values calculated using the heat-up and
cool-down tests is 0.03 percent AFUE for boiler ``A'' and 0.04 percent
AFUE for boiler ``B.'' DOE believes that the difference between the two
calculation methods is small enough that the AFUE values using the new
equations are representative of the actual performance of the models.
Thus, the resulting values are an accurate representation of the
product's energy efficiency for consumer information purposes and would
result in minimal additional test burden.
D. Proposed Corrective Action
DOE is proposing to amend the DOE test procedure for residential
furnaces and boilers in Appendix N to subpart B of 10 CFR part 430 by
adopting the alternate equations that were developed by DOE and also
independently proposed by AHRI, as described in section III.B.2 above.
IV. 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 (``Act'') (5 U.S.C. 601 et seq., as
amended) requires preparation of an initial regulatory flexibility
analysis (IFRA) for any rule that by law must be proposed for public
comment and a final regulatory flexibility analysis (FRFA) for any such
rule that an agency adopts as a final rule, 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 amines 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: http://energy.gov/gc/office-general-counsel.
DOE reviewed today's proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE has concluded that the rule would not have a
significant impact on a substantial number of small entities. The
factual basis for this certification is as follows:
For manufacturers of residential furnaces and boilers, the Small
Business Administration (SBA) has set a size threshold, which defines
those entities classified as ``small businesses'' for the purposes of
the Act. DOE used the SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. 13 CFR part 121. These size standards and codes are established
by
[[Page 7690]]
the North American Industry Classification System (NAICS) and are
available at http://www.sba.gov/sites/default/files/files/Size_Standards_Table(1).pdf. Residential boiler manufacturing is classified
under NAICS 333414, ``Heating equipment (except warm air furnaces)
manufacturing,'' for which the size threshold is 500 employees.
Residential furnace manufacturing is classified under NAICS 333415,
``Air-conditioning and warm air heating equipment and commercial and
industrial refrigeration equipment manufacturing'' for which the size
threshold is 750 employees. DOE surveyed the AHRI certification
directories for furnaces and boilers, as well as the SBA database and
market research tools (e.g., Hoovers \7\), to identify manufacturers of
residential furnaces and boilers. DOE then consulted publically-
available data or contacted companies, as necessary, to determine if
they meet the SBA's definition of a ``small business'' manufacturer,
and have their manufacturing facilities located within the United
States. Based on this analysis, DOE identified 11 small businesses that
manufacture residential furnaces, and 14 small businesses that
manufacture residential boilers (one of which also manufactures
residential furnaces), for a total of 24 small businesses potentially
impacted by this rulemaking.
---------------------------------------------------------------------------
\7\ For more information see: http://www.hoovers.com/.
---------------------------------------------------------------------------
Today's notice of proposed rulemaking would amend DOE's test
procedure by incorporating additional equations to account for the use
of section 9.10 of ASHRAE 103-1993 (the relevant industry standard
incorporated by reference) for two-stage and modulating condensing
furnaces and boilers. As explained earlier in this notice, section 9.10
permits a manufacturer of condensing furnaces and boilers the option of
omitting the specified heat-up and cool-down tests if the model has no
measurable airflow through the combustion chamber and heat exchanger
during the burner off period and has post-purge period(s) of less than
5 seconds. However, under the current DOE test procedure, the equations
needed to use section 9.10 do not exist for two-stage and modulating
condensing models, and, thus, DOE assumes that manufacturers are
currently conducting the heat-up and cool-down tests in order to
properly rate the performance of their two-stage and modulating
condensing furnaces and boilers. Therefore, DOE believes the equations
proposed for adoption today would lessen manufacturer burden in
comparison to application of the current test procedure. To the extent
that any manufacturers have applied the option in section 9.10, even in
absence of the equations needed to use that section, to rate the AFUE
of their two-stage and modulating condensing furnace and boiler models,
those manufacturers would be required to re-rate their models using
either today's proposed equations, if adopted in a final rule, or by
conducting the heat-up and cool-down tests. The estimated costs of re-
rating using the proposed equations is discussed below, along with the
estimated costs of conducting the heat-up and cool-down tests.
DOE believes that manufacturers are likely to choose one of two
approaches to use the proposed equations to recalculate the efficiency
of two-stage and modulating condensing models for which section 9.10
has been employed: (1) Manufacturers may recalculate the efficiency for
each model individually by doing the calculations manually; or (2)
manufacturers may update the AFUE calculation computer program to
account for the new equations.
DOE estimates that recalculating the AFUE manually using the new
equation would take between 30 minutes and 1 hour per basic model. At
an hourly rate of $60 for a test lab technician, DOE believes that each
model that is re-rated in this manner would cost approximately $30 to
$60.
Alternatively, an individual manufacturer may decide to reprogram
its software for calculating AFUE to account for the new equation. DOE
estimates that a programmer would need between 16 and 40 hours to
rewrite the program code to account for this new equation. At an hourly
rate of $80 for a programmer, the resulting cost would be a one-time
expenditure of $1280 to $3200 to update the automatic AFUE calculation
program. DOE notes that given the role AHRI has traditionally played
and the potential for cost savings for AHRI members AHRI may decide to
reprogram its software, In this case, the effort required to
recalculate AFUE for individual manufacturers, would be much less than
the cost AHRI would incur to modify the program, as described in the
following paragraph.
DOE notes that at the time of this publication, the AHRI
certification directories for residential furnaces and boilers contain
a combined total of over 1800 active condensing models for which
recalculation could potentially be required, although only a fraction
of the total condensing models would be two-stage and modulating
products which might need to be re-rated using the new equations.
Further, DOE notes that AHRI required member manufacturers of
condensing two-stage or condensing modulating boilers to either: (1)
Re-rate their products at 90 percent AFUE; (2) discontinue the model;
or (3) substantiate the model's efficiency rating by providing data
from the heat up and cool down tests. (AHRI, No. 1 at p. 2) DOE
examined the number of models in the AHRI certified directory for
boilers that are rated at 90 percent AFUE (the majority of which are
likely to be re-rated models that used option 9.10) and found that
there are 210 models rated at 90 percent AFUE. If all of these models
were to be re-rated through the use of the updated computer program,
the per-model cost would be $6 to $15.
In comparison to re-rating product efficiency using the proposed
equations, DOE estimates that conducting the heat-up and cool-down
tests generally requires 2 hours combined for two-stage and modulating
condensing products. In contrast, at $60 per hour for a lab technician,
the cost to perform the heat-up and cool-down tests is approximately
$120 per model.
When considering the costs discussed above, DOE believes they are
small relative to the overall cost of manufacturing, testing, and
certifying residential furnace and boiler products. DOE seeks comment
on its conclusion. For the reasons stated above, DOE certifies that the
proposed rule, if promulgated, would not have a significant economic
impact on a substantial number of small entities. Therefore, DOE did
not prepare an initial regulatory flexibility analysis for the proposed
rule. DOE will transmit its certification and a supporting statement of
factual basis to the Chief Counsel for Advocacy of the SBA for review
pursuant to 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of residential furnaces and boilers must certify to
DOE that their products comply with all applicable energy conservation
standards. In certifying compliance, manufacturers must test their
products according to the DOE test procedures for residential furnaces
and boilers, including any amendments adopted for those test procedures
on the date that compliance is required. DOE has established
regulations for the certification and recordkeeping requirements for
all covered consumer products and commercial equipment, including
residential furnaces and
[[Page 7691]]
boilers. 76 FR 12422 (March 7, 2011). The collection-of-information
requirement for certification and recordkeeping is subject to review
and approval by OMB under the Paperwork Reduction Act (PRA). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 20 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this 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 proposed rule would
amend the existing test procedures without affecting the amount,
quality, or distribution of energy usage, and, therefore, would not
result in any environmental impacts. Thus, this rulemaking is covered
by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which
applies to any rulemaking that interprets or amends an existing rule
without changing the environmental effect of that rule. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999) imposes certain requirements on Federal agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. 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 it will follow in the
development of such regulations. 65 FR 13735. DOE has examined this
proposed rule and has tentatively determined that it would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. EPCA
governs and prescribes Federal preemption of State regulations as to
energy conservation for the products that are the subject of today's
proposed rule. States can petition DOE for exemption from such
preemption to the extent, and based on criteria, set forth in EPCA. (42
U.S.C. 6297(d)) No further action is required by 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 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 tentatively determined that,
to the extent permitted by law, the 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)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For regulatory actions 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 a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The 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 ``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 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://energy.gov/gc/office-general-counsel.) DOE examined today's proposed
rule according to UMRA and its statement of policy and has tentatively
determined that the rule contains neither an intergovernmental mandate,
nor a mandate that may result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year. Accordingly, no further assessment or
analysis 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.
This rule would not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
[[Page 7692]]
I. Review Under Executive Order 12630
Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 18, 1988), DOE has determined that this proposed rule would
not result in any takings that might require compensation under the
Fifth Amendment to the U.S. Constitution.
J. Review Under 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 Federal 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 proposed 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 OIRA
at OMB, a Statement of Energy Effects for any significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgates or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
Today's regulatory action to amend the test procedure for measuring
the energy efficiency of residential furnaces and boilers is not a
significant regulatory action under Executive Order 12866 or any
successor order. Moreover, it would not have a significant adverse
effect on the supply, distribution, or use of energy, nor has it been
designated as a significant energy action by the Administrator of OIRA.
Therefore, it is not a significant energy action, and, 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; FEAA) Section 32
essentially provides in relevant part 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 Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
Today's proposed rule incorporates testing methods contained in the
following commercial standard: ASHRAE 103-1993 (Method of Testing for
Annual Fuel Utilization Efficiency of Residential Central Furnaces and
Boilers). Today's NOPR proposes to continue the use of ASHRAE 103-1993
as the basis for the DOE test procedure, albeit with changes to certain
equations. The Department 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., that 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
concerning the impact on competition of requiring manufacturers to use
the test methods contained in this standard prior to 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 and ADDRESSES sections at the beginning of this document. If you
plan to attend the public meeting, please notify Ms. Brenda Edwards at
(202) 586-2945 or Brenda.Edwards@ee.doe.gov. As explained in the
ADDRESSES section, foreign nationals visiting DOE Headquarters are
subject to advance security screening procedures. Any foreign national
wishing to participate in the meeting should advise DOE of this fact as
soon as possible by contacting Ms. Brenda Edwards to initiate the
necessary procedures.
In addition, you can attend the public meeting via webinar. Webinar
registration information, participant instructions, and information
about the capabilities available to webinar participants will be
published on DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/72. Participants are
responsible for ensuring their systems are compatible with the webinar
software.
B. Procedure for Submitting Requests To Speak and Prepared General
Statements for Distribution
Any person who has an interest in the topics addressed in this
notice, or who is representative of a group or class of persons that
has an interest in these issues, may request an opportunity to make an
oral presentation at the public meeting. Such persons may hand-deliver
requests to speak to the address show in the ADDRESSES section at the
beginning of this notice between 9:00 a.m. and 4:00 p.m., Monday
through Friday, except Federal holidays. Requests may also be sent by
mail or email 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-ROM in WordPerfect, Microsoft Word, PDF, or text (ASCII) file
format that briefly describes the nature of their interest in this
rulemaking and the topics they wish to discuss. Such persons should
also provide a daytime telephone number where they can be reached.
DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least one week before the
public meeting. DOE may permit persons who cannot supply an advance
copy of their statement to participate, if those persons have made
advance alternative arrangements with the Building Technologies
Program. As necessary, request to give an oral presentation should ask
for such alternative arrangements.
Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the
[[Page 7693]]
public meeting. Such persons may submit requests, along with an advance
electronic copy of their statement in PDF (preferred), Microsoft Word
or Excel, WordPerfect, or text (ASCII) file format, to the appropriate
address shown in the ADDRESSES section at the beginning of this notice.
The request and advance copy of statements must be received at least
one week before the public meeting and may be emailed, hand-delivered,
or sent by mail. DOE prefers to receive requests and advance copies via
email. Please include a telephone number to enable DOE staff to make
follow-up contact, if needed.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). 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. There shall not be discussion of proprietary
information, costs or prices, market share, or other commercial matters
regulated by U.S. anti-trust laws. 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.
The public meeting will be conducted in an informal, conference
style. DOE will present summaries of comments received before the
public meeting, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant will be allowed
to make a general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will allow, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions by DOE and by other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the above procedures that
may be needed for the proper conduct of the public meeting.
A transcript of the public meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this notice, and will be accessible on the DOE Web site. In
addition, any person may buy a copy of the transcript from the
transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments using any of the methods
described in the ADDRESSES section at the beginning of this notice.
Submitting comments via regulations.gov. The www.regulations.gov
web page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
www.regulations.gov cannot be claimed as CBI. Comments received through
the Web site will waive any CBI claims for the information submitted.
For information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or mail.
Comments and documents submitted via email, hand delivery/courier, or
mail also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery/courier, please provide all items on a CD, if feasible, in
which case it is not necessary to submit printed copies. No
telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and are free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. 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 via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked
[[Page 7694]]
``non-confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which 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.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. The proposed equations for determining the heating seasonal
efficiency (which contributes to the ultimate calculation of AFUE) of
two-stage and modulating condensing furnaces and boilers that are
tested under option 9.10 of ASHRAE 103-1993.
2. DOE's conclusion that the costs of complying with the proposed
test procedure changes are small relative to the overall cost of
manufacturing, testing, and certifying residential furnace and boiler
products, along with any additional information regarding average
annual revenues for manufacturers of these products.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's 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 January 25, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II, subchapter D of Title 10, Code of Federal
Regulations as set forth below:
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.
0
2. Appendix N to subpart B of part 430 is amended by:
0
a. Redesignating sections 10.2 through 10.9 as sections 10.4 through
10.11;
0
b. Revising sections 10.0 and 10.1; and
0
c. Adding sections 10.2 and 10.3.
The revisions and additions read as follows:
Appendix N to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Furnaces and Boilers
* * * * *
10.0 Calculation of derived results from test measurements.
Calculations shall be as specified in section 11 of ANSI/ASHRAE 103-
1993 (incorporated by reference, see Sec. 430.3) and the October
24, 1996, Errata Sheet for ASHRAE 103-1993, except for sections
11.5.11.1, 11.5.11.2, and appendices B and C; and as specified in
sections 10.1 through 10.10 and Figure 1 of this appendix.
10.1 Annual fuel utilization efficiency. The annual fuel
utilization efficiency (AFUE) is as defined in sections 11.2.12
(non-condensing systems), 11.3.12 (condensing systems), 11.4.12
(non-condensing modulating systems) and 11.5.12 (condensing
modulating systems) of ANSI/ASHRAE 103-1993 (incorporated by
reference, see Sec. 430.3), except for the definition for the term
EffyHS in the defining equation for AFUE.
EffyHS is defined as:
EffyHS = heating seasonal efficiency as defined in
sections 11.2.11 (non-condensing systems), 11.3.11 (condensing
systems), 11.4.11 (non-condensing modulating systems) and 11.5.11
(condensing modulating systems) of ANSI/ASHRAE 103-1993, except that
for condensing modulating systems sections 11.5.11.1 and 11.5.11.2
are replaced by sections 10.2 and 10.3 of this appendix.
EffyHS is based on the assumptions that all weatherized
warm air furnaces or boilers are located out-of-doors, that warm air
furnaces which are not weatherized are installed as isolated
combustion systems, and that boilers which are not weatherized are
installed indoors.
10.2 Part-Load Efficiency at Reduced Fuel Input Rate. Calculate
the part-load efficiency at the reduced fuel input rate, EffyU,R,
for condensing furnaces and boilers equipped with either step
modulating or two-stage controls, expressed as a percent and defined
as
[GRAPHIC] [TIFF OMITTED] TP04FE13.047
If the option in section 9.10 of ASHRAE 103-1993 (incorporated
by reference, see Sec. 430.3) is employed:
[GRAPHIC] [TIFF OMITTED] TP04FE13.048
[[Page 7695]]
Where:
LL,A = value as defined in section 11.2.7 of ASHRAE 103-
1993
LG = value as defined in section 11.3.11.1 of ASHRAE 103-
1993 at reduced input rate,
LC = value as defined in section 11.3.11.2 of ASHRAE 103-
1993 at reduced input rate,
LJ = value as defined in section 11.4.8.1.1 of ASHRAE
103-1993 at maximum input rate,
tON = value as defined in section 11.4.9.11 of ASHRAE
103-1993,
QP = pilot flame fuel input rate determined in accordance
with section 9.2 of ASHRAE 103-1993 in Btu/h
QIN = value as defined in section 11.4.8.1.1 of ASHRAE
103-1993,
tOFF = value as defined in section 11.4.9.12 of ASHRAE
103-1993 at reduced input rate,
LS,ON = value as defined in section 11.4.10.5 of ASHRAE
103-1993 at reduced input rate,
LS,OFF = value as defined in section 11.4.10.6 of ASHRAE
103-1993 at reduced input rate,
LI,ON = value as defined in section 11.4.10.7 of ASHRAE
103-1993 at reduced input rate,
LI,OFF = value as defined in section 11.4.10.8 of ASHRAE
103-1993 at reduced input rate,
CJ = jacket loss factor and equal to:
= 0.0 for furnaces or boilers intended to be installed indoors
= 1.7 for furnaces intended to be installed as isolated
combustion systems
= 2.4 for boilers (other than finned-tube boilers) intended to
be installed as isolated combustion systems
= 3.3 for furnaces intended to be installed outdoors
= 4.7 for boilers (other than finned-tube boilers) intended to
be installed outdoors
= 1.0 for finned-tube boilers intended to be installed outdoors
= 0.5 for finned-tube boilers intended to be installed in ICS
applications
LS,SS = value as defined in section 11.5.6 of ASHRAE 103-
1993 at reduced input rate,
CS = value as defined in section 11.5.10.1 of ASHRAE 103-
1993 at reduced input rate.
10. 3 Part-Load Efficiency at Maximum Fuel Input Rate. Calculate
the part-load efficiency at maximum fuel input rate,
EffyU,H, for condensing furnace and boilers equipped with
two-stage controls, expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP04FE13.049
If the option in section 9.10 of ASHRAE 103-1993 (incorporated
by reference, see Sec. 430.3) is employed:
[GRAPHIC] [TIFF OMITTED] TP04FE13.050
Where:
LL,A = value as defined in section 11.2.7 of ASHRAE 103-
1993,
LG = value as defined in section 11.3.11.1 of ASHRAE 103-
1993 at maximum input rate,
LC = value as defined in section 11.3.11.2 of ASHRAE 103-
1993 at maximum input rate,
LJ = value as defined in section 11.4.8.1.1 of ASHRAE
103-1993 at maximum input rate,
tON = value as defined in section 11.4.9.11 of ASHRAE
103-1993 of ASHRAE 103-1993,
QP = pilot flame fuel input rate determined in accordance
with section 9.2 of ASHRAE 103-1993 in Btu/h,
QIN = value as defined in section 11.4.8.1.1 of ASHRAE
103-1993,
tOFF = value as defined in section 11.4.9.12 of ASHRAE
103-1993 at maximum input rate,
LS,ON = value as defined in section 11.4.10.5 of ASHRAE
103-1993 at maximum input rate,
LS,OFF = value as defined in section 11.4.10.6 of ASHRAE
103-1993 at maximum input rate,
LI,ON = value as defined in section 11.4.10.7 of ASHRAE
103-1993 at maximum input rate,
LI,OFF = value as defined in section 11.4.10.8 of ASHRAE
103-1993 at maximum input rate,
CJ = value as defined in section 10.2 of this appendix,
LS,SS = value as defined in section 11.5.6 of ASHRAE 103-
1993 at maximum input rate,
CS = value as defined in section 11.5.10.1 of ASHRAE 103-
1993 at maximum input rate.
* * * * *
[FR Doc. 2013-02168 Filed 2-1-13; 8:45 am]
BILLING CODE 6450-01-P