[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Proposed Rules]
[Pages 63410-63429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24352]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2013-BT-TP-0004]
RIN 1904-AC94


Energy Conservation Program for Consumer Products: Test 
Procedures for Direct Heating Equipment and Pool Heaters

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

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: The U.S. Department of Energy (DOE) proposes to revise its 
test procedures for direct heating equipment and pool heaters 
established under the Energy Policy and Conservation Act. This 
rulemaking will fulfill DOE's statutory obligation to review its test 
procedures for covered products at least once every seven years. For 
direct heating equipment, the proposed amendments would add provisions 
for testing vented home heating equipment that utilizes condensing 
technology, and to incorporate by reference six industry test standards 
to replace the outdated test standards which are referred to in the 
existing DOE test procedure. These industry standards reflect the 
current practice in test set-up and test conditions for testing direct 
heating equipment. For pool heaters, the proposed amendments would 
incorporate by reference ANSI/Air-conditioning, Heating, and 
Refrigeration Institute (AHRI) Standard 1160-2009, ``Performance Rating 
of Heat Pump Pool Heaters,'' and ANSI/American Society of Heating, 
Refrigerating, and Air-conditioning Engineers (ASHRAE) Standard 146-
2011, ``Method of Testing and Rating Pool Heaters,'' to establish a 
test method for electric pool heaters (including heat pump pool 
heaters). The proposed amendments would also clarify the test 
procedure's applicability to oil-fired pool heaters. DOE is also 
announcing a public meeting to discuss and receive comments on issues 
presented in this test procedure rulemaking.

DATES: 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 January 7, 2014. See section V, 
``Public Participation,'' for details.
    Meeting: DOE will hold a public meeting on Wednesday, December 4, 
2013, from 9:00 a.m. to 4:00 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.

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. For more information, refer to section V, ``Public 
Participation,'' near the end of this notice of proposed rulemaking.
    Interested persons are encouraged to submit comments using the 
Federal eRulemaking Portal at www.regulations.gov. Alternatively, 
interested persons may submit comments, identified by docket number 
EERE-2013-BT-TP-0004 and/or RIN 1904-AC94, by any of the following 
methods:
     Email: DirectHeatingPoolHeaters2013TP0004@ee.doe.gov. 
Include EERE-2013-BT-TP-0004 and/or RIN 1904-AC94 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.

[[Page 63411]]

     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., 6th 
Floor, 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.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: A link to the docket Web page can be found at: http://www.regulations.gov/# !docketDetail;D=EERE-2013-BT-TP-0004. This Web 
page contains a link to the docket for this notice of proposed 
rulemaking on the www.regulations.gov site. The www.regulations.gov Web 
page contains simple instructions on how to access all documents, 
including Federal Register notices, public meeting attendee lists and 
transcripts, comments, and other supporting documents/materials in the 
docket. See section V, ``Public Participation,'' for information on how 
to submit comments through www.regulations.gov.
    For 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: Mr. John Cymbalsky, 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) 287-1692. Email: 
John.Cymbalsky@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
    A. Test Procedure for Direct Heating Equipment
    1. Vented Home Heating Equipment Employing Condensing Technology
    2. Updating of Industry Reference Standards
    3. Other Issues
    B. Test Procedure for Pool Heaters
    1. Electric Pool Heaters
    2. Other Issues
    C. Compliance with Other EPCA Requirements
IV. Procedural Issues and Regulatory Review
    A. Administrative Procedure Act
    B. Review Under Executive Order 12866
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act of 1995
    E. Review Under the National Environmental Policy Act of 1969
    F. Review Under Executive Order 13132
    G. Review Under Executive Order 12988
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under the Treasury and General Government 
Appropriations Act, 1999
    J. Review Under Executive Order 12630
    K. Review Under Treasury and General Government Appropriations 
Act, 2001
    L. Review Under Executive Order 13211
    M. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
V. Public Participation
    A. Attendance at the Public Meeting
    B. Procedure for Submitting Requests to Speak 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 (codified at 42 
U.S.C. 6291-6309) sets forth a variety of provisions designed to 
improve energy efficiency and establishes the Energy Conservation 
Program for Consumer Products Other Than Automobiles.\2\ These include 
two covered products that are the subject of today's notice: direct 
heating equipment and pool heaters. (42 U.S.C. 6292(a)(9) and (11))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as 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).
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    Under EPCA, this program generally consists of four parts: (1) 
Testing; (2) labeling; (3) establishing 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 making representations about 
the efficiency of those products, including representations to DOE of 
compliance with applicable energy conservation standards adopted 
pursuant to EPCA. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s)) Similarly, DOE 
must use these test requirements to determine 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, in any rulemaking to amend a test 
procedure, DOE must determine the extent to which the proposed test 
procedure would alter the product's measured energy efficiency. (42 
U.S.C. 6293(e)(1)) If DOE determines that the amended test procedure 
would alter the measured energy efficiency of a covered product, DOE 
must amend the applicable energy conservation standard accordingly. (42 
U.S.C. 6293(e)(2))
    Further, the Energy Independence and Security Act of 2007 (EISA 
2007) amended EPCA to require that at least once every 7 years, DOE 
must review test procedures for all covered products and either amend 
test procedures (if the Secretary determines that amended test 
procedures would more accurately or fully comply with the requirements 
of 42 U.S.C. 6293(b)(3)) or publish notice in the Federal Register of 
any determination not to amend a test procedure. (42 U.S.C. 
6293(b)(1)(A)) Under this requirement, DOE must review the test 
procedures for the

[[Page 63412]]

various types of direct heating equipment and pool heaters not later 
than December 19, 2014 (i.e., 7 years after the enactment of EISA 
2007). The final rule resulting from this rulemaking will satisfy this 
requirement.
    There are separate test procedures for the two types of direct 
heating equipment (i.e., vented home heating equipment and unvented 
home heating equipment), specifically 10 CFR 430.23(g) and 10 CFR part 
430, subpart B, appendix G for unvented home heating equipment 
(``unvented heater''); and 10 CFR 430.23(o) and 10 CFR part 430, 
subpart B, appendix O for vented home heating equipment (``vented 
heater''). The vented heater test procedures include provisions for 
determining energy efficiency (annual fuel utilization efficiency 
(AFUE)), as well as annual energy consumption. Unvented heaters are 
broken into two groups: those used as the primary heating source for 
the home and those not used for this purpose. There are no provisions 
for calculating either the energy efficiency or annual energy 
consumption of unvented heaters that are not used as the primary 
heating source for the home. For unvented heaters that are used as the 
primary heating source for the home, there is a calculation of annual 
energy consumption based on a single assignment of active mode hours; 
there is no provision for calculation of energy efficiency.
    DOE's test procedures for pool heaters are found at 10 CFR 
430.23(p) and 10 CFR part 430, subpart B, appendix P. The test 
procedures include provisions for determining two energy efficiency 
descriptors (i.e., thermal efficiency and integrated thermal 
efficiency), as well as annual energy consumption.
    In addition to the test procedure review provision discussed above, 
EISA 2007 also amended EPCA to require DOE to amend its test procedures 
for all covered products to include measurement of standby mode and off 
mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) DOE recently 
completed a rulemaking to consider amending its test procedures for 
direct heating equipment and pool heaters to include provisions for 
measuring the standby mode and off mode energy consumption of those 
products. DOE published a notice of proposed rulemaking (NOPR) in the 
Federal Register on August 30, 2010, which proposes amendments to the 
DOE test procedures for heating products to account for the standby 
mode and off mode energy consumption of these products, as required 
under EPCA.\3\ 75 FR 52892. DOE published a supplemental notice of 
proposed rulemaking (SNOPR) in the Federal Register on September 13, 
2011, which calls for the use of the second edition of International 
Electrotechnical Commission (IEC) Standard 62301, ``Household 
Electrical Appliances--Measurement of standby power,'' in lieu of the 
first edition and also provides guidance on rounding and sampling. 76 
FR 56347. DOE published a final rule adopting standby mode and off mode 
provisions for heating products in the Federal Register on December 17, 
2012. 77 FR 74559. That rulemaking was limited to test procedure 
amendments to address standby mode and off mode requirements; it did 
not address several other potential issues in DOE's existing test 
procedures for the covered products. DOE addresses these non-standby/
off mode issues separately in today's NOPR.
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    \3\ For more information, please visit DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/waterheaters.html.
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    On October 12, 2011, DOE published in the Federal Register a 
request for information (RFI) that identified and requested comment on 
a number of issues regarding the test procedures for direct heating 
equipment and pool heaters. 76 FR 63211.\4\ DOE accepted comments and 
information on the October 2011 RFI until November 28, 2011 and 
considered all feedback received when developing the proposals 
contained in this notice of proposed rulemaking. Each of the issues 
raised in the October 2011 RFI are discussed in detail in section III, 
along with comments received on the issues and DOE's responses. In 
addition, several topics not addressed in the October 2011 RFI, but 
brought up by interested parties in their comments, are discussed in 
section III of this NOPR.
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    \4\ The October 2011 RFI also requested information on the need 
to amend the test procedures for residential water heaters. However, 
because the American Energy Manufacturing and Technical Corrections 
Act amended EPCA to require that DOE develop a uniform efficiency 
descriptor for residential and commercial water heaters (42 U.S.C. 
6295(e)(5)), DOE is addressing test procedure updates for that 
product in a separate rulemaking.
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II. Summary of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to modify the current test procedures 
for direct heating equipment and pool heaters. For direct heating 
equipment, the proposed amendments would add provisions for testing 
vented home heating equipment that utilizes condensing technology, and 
update all references in the existing test procedure. For pool heaters, 
the proposed amendments would incorporate by reference ANSI/Air-
conditioning, Heating, and Refrigeration Institute (AHRI) Standard 
1160-2009, ``Performance Rating of Heat Pump Pool Heaters,'' and ANSI/
American Society of Heating, Refrigerating, and Air-conditioning 
Engineers (ASHRAE) Standard 146-2011, ``Method of Testing and Rating 
Pool Heaters,'' to establish testing procedures for electric (including 
heat pump) pool heaters. The proposed amendments for pool heaters would 
also clarify the test procedure's applicability to gas-fired and oil-
fired pool heaters. The following paragraphs summarize these proposed 
changes for both product types.
    For direct heating equipment, DOE proposes in today's NOPR to 
incorporate by reference the following six current industry standards 
to replace the outdated standards referenced in the existing DOE test 
procedure: (1) ANSI/ASHRAE 103-2007, ``Method of Test for Annual Fuel 
Utilization Efficiency of Residential Central Furnaces and Boilers''; 
(2) ANSI Z21.86-2008, ``Gas-Fired Space Heating Appliances''; (3) ASTM 
D2156-09, ``Standard Test Method for Smoke Density in Flue Gases from 
Burning Distillate Fuels''; (4) UL 729-2003, ``Standard for Safety for 
Oil-Fired Floor Furnaces''; (5) UL 730-2003, ``Standard for Safety for 
Oil-Fired Wall Furnaces''; and (6) UL 896-1993, ``Standard for Safety 
for Oil-Burning Stoves.'' DOE also proposes to establish a test method 
to determine the annual fuel utilization efficiency of vented home 
heating products that use condensing technology. Lastly, DOE proposes 
to reduce the test burden for floor furnaces by allowing a default 
assigned value for jacket loss in lieu of testing.
    For pool heaters, DOE clarifies in today's NOPR the applicability 
of the test method for oil-fired products. DOE also proposes to adopt 
new provisions for testing electric pool heaters, including heat pump 
pool heaters. DOE proposes that electric pool heaters be tested in 
accordance with ASHRAE Standard 146-2011, and that heat pump pool 
heaters be tested using the test method prescribed in AHRI 1160-2009 
with an accompanying conversion of the Coefficient of Performance 
metric used in that standard to thermal efficiency as required by EPCA. 
(42 U.S.C. 6291(22)(E))
    In any rulemaking to amend a test procedure, DOE must determine to 
what extent, if any, the proposed test procedure would alter the 
measured energy efficiency of any covered product as determined under 
the

[[Page 63413]]

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)) For both direct heating 
equipment and pool heaters, DOE has tentatively determined that the 
proposed test procedure amendments would have a de minimis impact on 
the products' measured efficiency. A full discussion of the rationale 
for this tentative conclusion is provided in section III.C below.

III. Discussion

    In response to the October 2011 RFI, DOE received eight written 
comments related to two covered products, direct heating equipment 
(DHE) and pool heaters, from the following interested parties: American 
Council for an Energy-Efficient Economy (ACEEE), American Gas 
Association (AGA), Air-Conditioning, Heating, and Refrigeration 
Institute (AHRI), Empire Stove, Hearth & Home Technologies (HHT), 
National Propane Gas Association (NPGA), Hearth, Patio & Barbecue 
Association (HPBA), and Miles Industries Ltd. (Miles Industries). These 
interested parties commented on a range of issues, including those DOE 
identified in the October 2011 RFI, as well as several other pertinent 
issues. The issues on which DOE received comment, DOE's responses to 
those comments, and the proposed changes to the test procedures for 
direct heating equipment and pool heaters resulting from those comments 
are discussed in the subsections immediately below.
    DOE notes that, because of a recent decision of the U.S. Court of 
Appeals for the District of Columbia (DC Circuit), DOE is not 
addressing the comments relating to the application of the test 
procedure to vented hearth heaters. On February 8, 2013, the DC Circuit 
issued a decision vacating the DOE definition of ``Vented hearth 
heater'' at 10 CFR 430.2, and remanded the issue to DOE to interpret 
the challenged provisions consistent with the court's opinion. Hearth, 
Patio & Barbecue Association v. U.S. Department of Energy, 706 F.3d 
499, 509 (D.C. Cir. 2013). DOE will address the comments received on 
the October 2011 RFI regarding the application of the DHE test 
procedures to vented hearth heaters in a separate rulemaking devoted to 
those products.

A. Test Procedure for Direct Heating Equipment

    In response to the October 2011 RFI, DOE received comments from 
eight interested parties, all of which addressed the DOE test 
procedures for direct heating equipment. (AGA, AHRI, Miles Industries, 
HPBA, Empire Stove, HHT, ACEEE, and NPGA) Generally, the comments were 
supportive of DOE's efforts to update, improve, and clarify its test 
procedures for DHE. The comments focused on two key issues: (1) 
Clarification of the test procedures as applied to vented hearth 
heating products; and (2) the expansion of the test procedures to 
accommodate DHE with condensing technology. Regarding the first issue, 
as noted above, DOE will address comments related to vented hearth 
heaters in a later rulemaking. Regarding the second issue, as part of 
DOE's overall review of test procedures, these proposed DHE amendments 
include a complete updating of references to industry standards used in 
the DHE test procedures and modifications to the test procedures for 
jacket loss measurement.
1. Vented Home Heating Equipment Employing Condensing Technology
    DOE received comments on the October 2011 RFI that encouraged DOE 
to develop and adopt new test procedure provisions to properly measure 
the efficiency of gas-fired direct heating equipment designed to 
operate using condensing technology. (Empire, No. 7 at p. 1; AHRI, No. 
12 at p. 3; HPBA, No. 26 at p. 1)
    Condensing technology is a design strategy that increases the 
efficiency of a heating appliance by extracting additional thermal 
energy from the flue gases, thereby reducing the flue gas temperatures 
and air flow such that the water vapor created in the combustion 
process becomes a liquid condensate. Normally, in non-condensing 
systems, the water vapor created in the combustion process remains as a 
vapor and is removed through the flue system along with the other 
products of combustion. However, in condensing systems, the condensing 
of the water vapor is a result of the reduction in the overall flue 
energy loss of the flue gas (i.e., an energy efficiency improvement). 
The test procedures for furnaces and boilers have provisions to account 
for the increased efficiency of models that utilize condensing 
technology. However, no such provisions are included in the existing 
test procedures for vented heaters.
    Today's proposed amendments would account for the increased 
efficiency of vented direct heating equipment utilizing condensing 
technology. The proposed amendments are similar to those found in DOE's 
furnace and boiler test procedures (10 CFR Part 430, Subpart B, 
Appendix N), with differences and clarifications appropriate for the 
vented direct heating equipment product type. More specifically, the 
additional provisions proposed for vented heaters are essentially the 
same as those contained in the latest version of the ANSI/ASHRAE 
Standard 103-2007, ``Method of Testing for Annual Fuel Utilization 
Efficiency of Residential Central Furnaces and Boilers.'' DOE is 
proposing that ANSI/ASHRAE 103-2007 be incorporated by reference into 
these test procedures by this NOPR for purposes of certain other AFUE 
test provisions. However, because of the numerous clarifications and 
modifications needed to apply the condensing technology provisions of 
the industry standard for furnaces and boilers to vented heaters, DOE 
proposes incorporating the condensing procedures as stand-alone 
amendments to DOE's vented heater test procedure, rather than 
incorporating by reference select provisions of ANSI/ASHRAE Standard 
103-2007.
    Basically, the proposed amendments for vented heaters with 
condensing technology would utilize a condensate collection methodology 
that requires a separate test to be run to quantify directly the extent 
of the efficiency credit appropriate for a given vented heater's 
particular design of condensing technology. This methodology requires 
direct collection of liquid condensate. For vented heaters employing 
condensing technology that are not designed to collect and dispose of 
liquid condensate, the amendments clarify that such means must be 
provided during testing. The duration of the condensate collection test 
time would be 30 minutes for steady-state testing and 1-2 hours for 
cyclic testing.
    DOE is interested in receiving comment on the adequacy of the 
proposed provisions for determining the efficiency improvement 
associated with vented heaters that utilize condensing technology. DOE 
is also interested in any further clarifications or modifications that 
might be necessary. This is identified as issue 1 in section V.E, 
``Issues on Which DOE Seeks Comment.''
2. Updating of Industry Reference Standards
    The October 2011 RFI sought comment on other relevant issues that 
would affect the test procedures for direct heating equipment (both 
vented type and unvented type). 76 FR 63211, 63215 (Oct. 12, 2011). 
Interested parties were encouraged to provide comments on any aspect of 
the test procedure, including updates to referenced

[[Page 63414]]

standards, as part of this comprehensive 7-year-review rulemaking.
    AGA commented that the existing test procedure for direct heating 
equipment cites installation requirements from ANSI standards for 
vented wall furnaces and vented floor furnaces but does not reference 
the applicable ANSI standard for vented room heaters. (AGA, No. 13 at 
pp. 2-3) Accordingly, AGA recommended that DOE revise section 2.1.3 of 
the DOE test procedure in order to provide complete installation 
requirements for testing of vented room heaters based on the applicable 
ANSI design certification standards, which AGA identified as ANSI 
Z21.11, ``Gas Fired Room Heaters.''
    In addition to addressing this referencing concern pointed out by 
AGA, DOE is taking this opportunity to fully review all the referenced 
standards in the DHE test procedure as part of this 7-year review 
process. The following is a list of the shorthand titles and full 
titles of all the referenced standards currently used and proposed for 
use in the DHE test procedure.
    Standards Currently Used in Existing Test Procedures for DHE:
    ``ANSI Standard Z21.11.1-1974'' means the American National 
Standard for Gas-Fired Room Heaters.
    ``ANSI Standard Z21.44-1973'' means the American National Standard 
for Gas-Fired Gravity and Fan Type Direct Vent Wall Furnaces.
    ``ANSI Standard Z21.48-1976'' means the American National Standard 
for Gas-Fired Gravity and Fan Type Floor Furnaces.
    ``ANSI Standard Z21.49-1975'' means the American National Standard 
for Gas-Fired Gravity and Fan Type Vented Wall Furnaces.
    ``ANSI Standard Z91.1-1972'' means the American National Standard 
for Performance Standards for Oil-Powered Central Furnaces.
    ``ANSI Standard Z11.182-1965 (R1971) (ASTM D 2156-65 (1970))'' 
means the standard published by the American Society of Testing and 
Materials titled, ``Standard Test Method for Smoke Density in Flue 
Gases from Burning Distillate Fuels.''
    ``UL 729-1976'' means the Underwriters Laboratories standard for 
Oil-Fired Floor Furnaces.
    ``UL 730-1974'' means the Underwriters Laboratories standard for 
Oil-Fired Wall Furnaces.
    ``UL 896-1973'' means the Underwriters Laboratories standard for 
Oil-Burning Stoves.
    Standards Proposed for Use in the Test Procedures for DHE:
    ``ANSI/ASHRAE 103-2007'' means the test standard published by the 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers titled, ``Method of Test for Annual Fuel Utilization 
Efficiency of Residential Central Furnaces and Boilers.''
    ``ANSI Z21.86-2008'' means the standard published by the American 
National Standards Institute titled, ``Vented Gas-Fired Space Heating 
Appliances.''
    ``ASTM D2156-09'' means the standard published by the American 
Society of Testing and Materials titled, ``Standard Test Method for 
Smoke Density in Flue Gases from Burning Distillate Fuels.''
    ``UL 729-2003'' means the test standard published by the 
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Fired Floor Furnaces.''
    ``UL 730-2003'' means the test standard published by the 
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Fired Wall Furnaces.''
    ``UL 896-1993'' means the test standard published by the 
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Burning Stoves.''
    As a result of the full review, DOE proposes a number of changes. 
In most cases, the proposed changes reflect the updating of the 
specific references to the most current version. This updating allows 
for new users of the test procedures to execute the DOE test procedures 
without depending on outdated standards which may be difficult to 
obtain. In some cases, the updated reference bundles several of the 
current references under a new title. This is the case where the 
current separate ANSI standards for wall furnaces, floor furnaces, and 
room heaters have been combined into a single standard for these three 
types of vented heaters. This new standard is titled, ``Vented Gas-
Fired Space Heating Appliances'' referred to as ``ANSI Z21.86-2008'' in 
the proposed amendments. ANSI Z21.86-2008 is proposed for purposes of 
specifying the testing procedures related to circulation air, section 
2.5, and location of temperature measuring instrumentation, section 
2.6.1. In addition, DOE is proposing to use ANSI Z21.86-2008 to specify 
the installation instructions for direct vent (section 6.1.3 and figure 
6) and non-direct vent (section 8.1.3 and figure 7 or figure 10) wall 
furnaces. However, since ANSI Z21.86-2008 does not include installation 
specifications for vented room heaters and vented floor furnaces, the 
installation specifications of the corresponding UL standard for that 
product type would be used. Although the UL standards typically are 
used for oil-fired equipment and the ANSI standards typically are used 
for gas-fired equipment, in the existing DOE test procedure, where 
there is no distinction between installation provisions, the UL 
standards are cited in application to both gas and oil vented heaters 
(i.e., section 2.1.2). As there are no installation specifications 
available in ANSI Z21.86-2008 for vented room heaters and vented floor 
furnaces, DOE tentatively proposes to follow this approach and use the 
corresponding UL standards for installation provisions.
    Finally, in three places (sections 2.3 Fuel supply, 2.4 Burner 
adjustments, and 3.2 Jacket loss), DOE proposes to use a new reference 
thought to be more appropriate for these test procedures. Specifically, 
ANSI/ASHRAE Standard 103-2007, ``Method of Testing for Annual Fuel 
Utilization Efficiency of Residential Furnaces and Boilers,'' is 
proposed for use in lieu of three older standards referenced in these 
three sections of the existing DOE test procedure. DOE believes this 
migration to ANSI/ASHRAE Standard 103 is appropriate because it is 
essentially the same test method used in the current DHE test procedure 
(i.e., the AFUE test method) and incorporates the latest industry 
consensus on such testing without the need to depend on other 
references. DOE tentatively concludes that these changes and updates 
would neither result in any material differences in test results nor 
increase the test procedure burden.
    DOE proposes to list all of the referenced industry standards in 10 
CFR 430.3, Materials incorporated by reference. As explained above, DOE 
tentatively concludes that these incorporation by reference changes and 
updates would neither result in any material differences in the test 
results nor increase test procedure burden. DOE solicits comment on 
this tentative conclusion, as well as the adequacy of the proposed 
updating of referenced standards. DOE is also interested in any further 
clarification or modifications that may be necessary. This is 
identified as issue 2 in section V.E, ``Issues on Which DOE Seeks 
Comment.''
3. Other Issues
    As part of its review of the existing test procedures, DOE 
identified three additional test procedure issues that it believes 
should be addressed in this rulemaking: (1) The jacket loss test for 
floor furnaces; (2) testing of manually controlled vented heaters; and 
(3) clarification of section 3.3 tracer gas procedures as applied to 
vented heaters without thermal stack dampers.

[[Page 63415]]

    First, DOE noticed that the jacket loss measurement test, which is 
required for all vented floor furnaces by section 3.2 of the existing 
DOE test procedure, is inconsistent as compared to the similar 
procedures required for outdoor-installed (weatherized) furnaces and 
boilers. The current jacket loss test for DHE uses the procedures from 
outdated ANSI Standard Z21.48-1975. (As mentioned above in the 
discussion about updating references, the newly proposed industry 
reference for jacket loss testing is ANSI/ASHRAE Standard 103-2007). 
The jacket loss test in ANSI Standard Z21.48-1975, as well as the 
essentially identical provisions of ANSI/ASHRAE Standard 103-2007, 
represent a considerable test burden. In view of this burden, the DOE 
test procedures for furnaces and boilers, through the referencing of 
ANSI/ASHRAE Standard 103-1993, allow for an assignment of jacket loss 
in lieu of testing. The assigned jacket loss value of 1 percent for 
furnaces and boilers is thought to be a reasonably conservative value 
(i.e., one that typically would be higher than the tested value). This 
allows for the manufacturer to weigh the burden of jacket loss testing 
against the likely conservative rating associated with a default value. 
This conservative default value approach is used throughout the DOE 
test procedures where appropriate (e.g., cyclic degradation coefficient 
assignment for central air conditioners, jacket loss assignment for 
furnaces and boilers). In consideration of the test burden associated 
with the jacket loss test and the desire for consistency across the 
test procedures, DOE has tentatively concluded that manufacturers 
should be allowed the choice either to conduct actual jacket loss 
testing or to accept a reasonably conservative default value under the 
DHE test procedure. Accordingly, DOE is proposing that section 3.2, 
Jacket loss measurement, be amended to include the option of assigning 
the value of one percent for the jacket loss in lieu of testing.
    DOE solicits comment on adding this allowance and the 
appropriateness of the assigned value of 1 percent. This is identified 
as issue 3 in section V.E, ``Issues on Which DOE Seeks Comment.''
    A second issue that was identified during DOE's review is the lack 
of an equation in the calculation procedures for manually controlled 
vented heaters. Specifically, section 4.2.4 Weighted-average steady-
state efficiency, does not have a defining equation, so DOE is 
proposing an amendment to remedy this oversight, a matter of particular 
importance in terms of capturing latent heat loss.
    The final issue identified in DOE's review was the need to clarify 
the application of the tracer gas procedures in section 3.3 for units 
not employing a thermal stack damper. To explain, it is noted that 
section 3.3 and 4.3 outlines a testing and calculation procedure that 
must be used to evaluate the efficiency of vented heaters employing a 
thermal stack damper. In the calculation section 4.3 it is noted that 
all vented heaters may use this procedure as an option. Although this 
option is clearly stated in the calculation section and no modification 
to the calculations are necessary, some clarification is felt necessary 
in the actual testing provisions of section 3.3 to accommodate vented 
heaters not employing thermal stack dampers. For example the location 
of tracer gas introduction is not fully explained in the existing 
procedures for vented heaters not employing a thermal stack damper.
    Finally, DOE proposes to correct typographical errors regarding the 
equation in section 4.3.6 of appendix O. Specifically, DOE is proposing 
to add a missing minus (``-'') sign and replace a plus (``+'') sign 
with a multiplication symbol (``x''). These errors are obviously 
typographical in nature because similar efficiency equations in other 
parts of the test procedures, as well as those used in industry 
standards, do not include these errors. The relevant industry groups 
have determined the correct format of this equation since its adoption 
and have been utilizing the correct format when testing and rating 
product efficiency. DOE is interested in receiving comment on any other 
corrections that might be needed in this review of the DHE test 
procedures.

B. Test Procedure for Pool Heaters

1. Electric Pool Heaters
    DOE's test procedures for pool heaters are found at 10 CFR 
430.23(p) and 10 CFR part 430, subpart B, appendix P. In its definition 
of ``efficiency descriptor,'' EPCA specifies that for pool heaters, the 
efficiency descriptor shall be ``thermal efficiency.'' (42 U.S.C. 
6291(22)(E)) Further, EPCA defines the ``thermal efficiency of pool 
heaters'' as the ``measure of the heat in the water delivered at the 
heater outlet divided by the heat input of the pool heater as measured 
under test conditions specified in section 2.8.1 of the American 
National Standard for Gas Fired Pool Heaters, Z21.56-1986, or as may be 
prescribed by the Secretary.'' \5\ (42 U.S.C. 6291(26)) Current energy 
conservation standards for pool heaters do not account for standby mode 
and off mode energy use.
---------------------------------------------------------------------------

    \5\ In an August 2010 NOPR, DOE proposed to use the most recent 
version of this standard, ANZI Z21.56-2006. 75 FR 52892, 52899-901 
(August 30, 2010).
---------------------------------------------------------------------------

    As part of a recent test procedure rulemaking, DOE prescribed a new 
efficiency metric for pool heaters, titled ``integrated thermal 
efficiency.'' 77 FR 74559 (Dec. 17, 2012).\6\ This prescribed 
integrated thermal efficiency metric builds on the existing thermal 
efficiency metric to include electrical energy consumption during 
standby mode and off mode operation, as required by EISA 2007. (42 U.S 
C. 6295(gg)(2)(A)) The amended test procedure was effective 30 days 
after publication of the final rule. Until such time as compliance is 
required with amended energy conservation standards that account for 
standby mode and off mode energy consumption, manufacturers must 
continue using the thermal efficiency metric for certification and 
compliance purposes. However, if manufacturers choose to make written 
statements regarding standby mode and off mode energy efficiency, those 
representations must be based on the amended test procedure as of June 
17, 2013, 180 days after the date of publication of the test procedure 
final rule.
    Because certain types of pool heaters are powered by energy sources 
other than gas, DOE requested comments in the October 2011 RFI 
regarding the appropriateness of the currently incorporated ANSI Z21.56 
test method, titled ``Gas-Fired Pool Heaters,'' for testing pool 
heaters that operate with electricity (including heat pump pool 
heaters) or oil. 76 FR 63211, 63215-16 (Oct. 12, 2011). In the October 
2011 RFI, DOE tentatively concluded that the test procedure for pool 
heaters at 10 CFR part 430, subpart B, appendix P already contains 
provisions to allow the ANSI Z21.56 test method to be applied to oil-
fired pool heaters, and, therefore, no further action is necessary for 
those products. DOE received no comments that were contrary to this 
conclusion.
    In a December 2009 NOPR for energy conservation standards for 
heating products, DOE concluded that, as currently drafted, the DOE 
test procedure for pool heaters is not suitable for measuring energy 
efficiency for electric pool heaters (including heat pump pool 
heaters). 74 FR 65852, 65866-67 (Dec. 11, 2009). In the October 2011 
RFI, DOE noted that for electric pool heaters (including those units

[[Page 63416]]

using heat pump technology), the fuel source is electricity (measured 
in watts) instead of gas (measured in Btu/h), but ``thermal 
efficiency,'' as required under EPCA and determined using ANSI Z21.56, 
is a measure of heat delivered to the water at the heater outlet (in 
Btu/h) divided by the heat input (in Btu/h) of the fuel. 76 FR 63211, 
63215-16 (Oct. 12, 2011). It is technically feasible to develop an 
integrated thermal efficiency rating for a heat pump pool heater by 
converting the power input in watts to the input in Btu/h (which can be 
done for both the power used during active mode and during standby mode 
and off mode). However, if such an integrated thermal efficiency metric 
were applied to heat pump pool heaters, DOE noted that the numerical 
result would be efficiency ratings of over 100 percent, which may 
necessitate some reeducation among consumers because heat pumps are 
typically rated using industry standards for Coefficient of Performance 
(COP). In contrast, electric pool heaters that operate with resistance 
heating (as opposed to heat pump technology), are typically rated with 
a thermal efficiency metric. Consequently, DOE noted in the October 
2011 RFI that the ratings for electric pool heaters using these two 
competing technologies are not always directly comparable. Id. at 
63215. Another consideration for heat pump pool heaters is that 
performance depends upon the ambient temperature and humidity, so 
environmental conditions for testing are much more important for heat 
pump pool heaters than for gas-fired pool heaters.
    Because of these factors, DOE's October 2011 RFI requested comment 
on the potential to update the pool heater test procedures by adding 
provisions to address electric heat pump pool heaters through use of a 
COP metric drawn from industry standards, coupled with a separate 
conversion to thermal efficiency (i.e., the regulating metric specified 
in EPCA) and integrated thermal efficiency (i.e., the new regulating 
metric incorporating standby mode and off mode energy consumption as 
required by EISA 2007). Id. at 63216.
    On this topic, DOE received comments from AHRI and ACEEE that 
supported the expansion of the test method to include electric pool 
heaters. AHRI further commented that DOE should not integrate the 
standby mode and off mode energy consumption into an integrated thermal 
efficiency metric. (AHRI, No. 12 at p. 3; ACEEE, No. 24 at p. 4)
    After carefully considering these public comments, DOE is proposing 
to add test methods that are applicable to heat pump pool heaters and 
electric resistance pool heaters. DOE proposes to amend its pool heater 
test procedure by adding a proposed test method for heat pump pool 
heaters that would reference ANSI/AHRI Standard 1160-2009, 
``Performance Rating of Heat Pump Pool Heaters,'' and ANSI/ASHRAE 
Standard 146-2011, ``Method of Testing and Rating Pool Heaters.'' 
Additionally, DOE proposes to amend its pool heater test procedure by 
adding a proposed test method for electric resistance pool heaters that 
references ANSI/ASHRAE Standard 146-2011, ``Method of Testing and 
Rating Pool Heaters.'' DOE has tentatively concluded that incorporation 
of these industry test standards is appropriate, because they represent 
current best practices for these pool heater products.
    Because the statute requires use of an integrated metric where 
technically feasible (as is the case here), DOE proposes to maintain 
the integrated thermal efficiency metric in the test procedure, as set 
forth in the final rule published on December 17, 2012. 77 FR 74559. 
Once DOE arrives at the thermal efficiency value for electric pool 
heaters, that value will feed into the integrated thermal efficiency 
calculation, which is applicable for all types of pool heaters.
    Although DOE may prescribe amended test procedures in the final 
rule, manufacturers are not required to certify compliance for electric 
heat pump and electric resistance pool heaters until such time as DOE 
sets minimum energy conservation standards for those products (which 
will include energy consumption in active, standby, and off modes). 
Prior to DOE setting minimum energy conservation standards for electric 
heat pump and electric resistance pool heaters, any representations as 
to the energy efficiency or energy use of those products must be based 
on the amended test procedure within 180 days after the effective date 
of the test procedure final rule. Manufacturers of heat pump pool 
heaters would be able to use the COP metric, the integrated thermal 
efficiency metric, or both for making efficiency representations until 
an energy conservation standard is set.
    EPCA requires the use of the integrated thermal efficiency metric 
for all pool heaters, including electric resistance and heat pump pool 
heaters, upon the compliance date for new energy conservation 
standards. Therefore, if DOE were to set energy conservation standards 
for heat pump pool heaters and electric resistance pool heaters, 
manufacturers would then be required to rate their products using the 
integrated thermal efficiency metric, although manufacturers of heat 
pump pool heaters would still have the option of making supplemental 
representations of efficiency using the COP metric. DOE is proposing to 
include an approach to determine the integrated thermal efficiency 
based on a COP value for heat pump pool heaters.
2. Other Issues
    In addition to the changes for electric pool heaters described in 
the previous section, DOE is also clarifying that the DOE test 
procedure is applicable to oil-fired pool heaters, despite the 
incorporation of a test method titled ``Gas-Fired Pool Heaters.'' 
Section 4.1.1 of that test method contains a provision to compute the 
energy used when oil is the fuel, as opposed to natural gas.
    DOE also seeks comments on other relevant issues that would affect 
the test procedures for pool heaters. Although DOE has attempted to 
identify those portions of the test procedure where it believes 
amendments may be warranted, interested parties are welcome to provide 
comments on any aspect of the test procedure as part of this 
comprehensive 7-year-review rulemaking.

C. Compliance With Other EPCA Requirements

    As mentioned in the summary at section II above, in amending a test 
procedure, EPCA directs DOE to determine to what extent, if any, the 
test procedure would alter the measured energy efficiency or measured 
energy use of a covered product. (42 U.S.C. 6293(e)(1)) If the amended 
test procedure alters the measured energy efficiency or measured energy 
use, the Secretary must amend the applicable energy conservation 
standard accordingly. (42 U.S.C. 6293(e)(2)) The current energy 
conservation standards for direct heating equipment and pool heaters 
are based on existing test procedure efficiency metrics--AFUE and 
thermal efficiency (Et), respectively.
    The proposed test procedure amendments for DHE generally do not 
contain changes that would materially alter the measured energy 
efficiency of equipment. Rather, most of the proposed changes represent 
clarifications that would improve the uniform application of the test 
procedures for certain product types. Any change in the reported 
efficiency that might be associated with these clarifications is 
tentatively expected to be de minimis.
    Consistent with 42 U.S.C. 6293(c), any representations of energy 
consumption of vented heaters must be based on any final amended test 
procedures 180 days

[[Page 63417]]

after the publication of the test procedure final rule. Until that 
time, manufacturers may make such representations based either on the 
final amended test procedures or on the previous test procedures, set 
forth at 10 CFR part 430, subpart B, appendix O as contained in the 10 
CFR parts 200 to 499 edition revised as of January 1, 2013. Consistent 
with 42 U.S.C. 6291 (8), representations of energy consumption means 
measures of energy use (including for this product, active mode, 
standby mode, and off mode energy use), annual operating cost, energy 
efficiency (including for this product, Annual Fuel Utilization 
Efficiency (AFUE)), or other measure of energy consumption. DOE notes 
that manufacturers must use the same test procedure for both 
representations of energy efficiency and certifications of compliance.
    Today's proposal does not include any changes to the current 
standby mode and off mode testing procedures and calculations as 
established in the December 2012 final rule. 77 FR 74559 (Dec. 17, 
2012). Although fossil fuel standby mode and off mode energy 
consumption were already captured in the existing AFUE metric, the 
December 2012 final rule required manufacturers to use the new test 
procedures for determining electrical standby mode and off mode energy 
consumption in Appendix O beginning on June 17, 2013. Certifications of 
compliance with the electrical standby mode and off mode energy 
consumption standards are not required until the compliance date of DOE 
standards that include electrical standby mode and off mode energy 
consumption.
    The proposed test procedure amendments for pool heaters would not 
alter the measured efficiency of equipment covered by the existing test 
procedure. However, it would provide a new method of test for electric 
resistance and heat pump pool heaters, which are not currently subject 
to energy conservation standards by DOE. Therefore, DOE has tentatively 
concluded that there is no need to address the impact of these 
amendments on current energy conservation standards for pool heaters.
    Consistent with 42 U.S.C. 6293(c), any representations of energy 
consumption of pool heaters must be based on any final amended 
procedures and calculations in appendix P starting 180 days after the 
publication of any final amended test procedures. Until that time, 
manufacturers of gas-fired and oil-fired pool heaters may make such 
representations based either on the final amended test procedures or on 
the previous test procedures, set forth at 10 CFR part 430, subpart B, 
appendix P as contained in the 10 CFR parts 200 to 499 edition revised 
as of January 1, 2013. Consistent with 42 U.S.C. 6291 (8), 
representations of energy consumption means measures of energy use 
(including for this product, active mode, standby mode, and off mode 
energy use), annual operating cost, energy efficiency (including for 
this product, thermal efficiency (Et), or integrated thermal 
efficiency (TEI)), or other measure of energy consumption. 
Again, DOE notes that manufacturers must use the same test procedure 
for both representations of energy efficiency and certifications of 
compliance.
    There are currently no energy conservation standards for electric 
resistance pool heaters, heat pump pool heaters, or oil-fired pool 
heaters. Upon the compliance date of any final energy conservation 
standards for these types of pool heaters, use of any final test 
procedures in appendix P will be required to demonstrate compliance. 
There are also currently no energy conservation standards for the 
standby mode and off mode energy use of gas-fired pool heaters. Upon 
the compliance date of any energy conservation standards that 
incorporate standby mode and off mode energy consumption for gas-fired 
pool heaters (i.e., for this product, a standard expressed as 
integrated thermal efficiency (TEI)), use of any final test 
procedures in appendix P will be required to demonstrate compliance.

IV. Procedural Issues and Regulatory Review

A. Administrative Procedure Act

    DOE expects that any final rule in this proceeding would be 
effective 30 days after the date of publication of that final rule.

B. 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).

C. 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 
(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 
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 proposed rule would prescribe test procedure amendments 
that would be used to determine compliance with energy conservation 
standards for direct heating equipment and pool heaters. For direct 
heating equipment, the proposed amendments would add provisions for 
testing vented home heating equipment that utilizes condensing 
technology, and incorporate by reference the most appropriate or recent 
versions of several industry standards referenced in the DOE test 
procedure for the purposes of test set-up and installation 
specifications. For pool heaters, the proposed amendments would 
incorporate by reference ANSI/AHRI Standard 1160-2009 and ANSI/ASHRAE 
Standard 146-2011 to establish testing procedures for electric 
(including heat pump) pool heaters. The proposed amendments for pool 
heaters would also clarify the test procedure's applicability to oil-
fired pool heaters. DOE reviewed today's proposed rule under the 
provisions of the Regulatory Flexibility Act and the policies and 
procedures published on February 19, 2003. 68 FR 7990.
1. Reasons for, Objectives of, and Legal Basis for the Proposed Rule
    The reasons for, objectives of, and legal basis for the proposed 
rule are stated elsewhere in the preamble and are not repeated here.
2. Description and Estimated Number of Small Entities Regulated
    For the manufacturers of the covered products, the Small Business

[[Page 63418]]

Administration (SBA) has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. 65 FR 30836, 30848-49 (May 15, 2000), as amended at 65 FR 53533, 
53544-45 (Sept. 5, 2000) and codified at 13 CFR part 121. The size 
standards are listed by North American Industry Classification System 
(NAICS) code and industry description and are available at http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. DHE and pool heater manufacturing are classified under 
NAICS 333414--``Heating Equipment (except Warm Air Furnaces) 
Manufacturing.'' The SBA sets a threshold of 500 employees or less for 
an entity to be considered as a small business for both of these 
categories.\7\
---------------------------------------------------------------------------

    \7\ In the December 2009 NOPR, DOE mistakenly listed gas-fired 
pool heater manufacturing under NAICS code 335228. 74 FR 65852, 
65984 (Dec. 11, 2009). The correct classification for pool heater 
manufacturing is NAICS 333414. Both NAICS categories have the same 
500 employee limit.
---------------------------------------------------------------------------

    To estimate the number of companies that could be small business 
manufacturers of products covered by this rulemaking, DOE conducted a 
market survey using available public information to identify potential 
small manufacturers. DOE's research involved reviewing several industry 
trade association membership directories (e.g., AHRI \8\), product 
databases (e.g., AHRI \9\ and CEC \10\ databases), individual company 
Web sites, and marketing research tools (e.g., Hoovers \11\ reports) to 
create a list of all domestic small business manufacturers of heating 
products covered by this rulemaking. DOE has identified 2 manufacturers 
of vented DHE and 5 manufacturers of pool heaters (including heat pump 
pool heater manufacturers) that can be considered small businesses. DOE 
did not count manufacturers of vented hearth heaters because, as noted 
previously, the definition of ``vented hearth heater'' was remanded to 
DOE for further consideration by the D.C. Circuit Court. DOE plans to 
conduct a separate rulemaking that would clarify the standards and test 
procedures for vented hearth products, and as a result, DOE will assess 
impacts on small business vented hearth product manufacturers as part 
of that proceeding.
---------------------------------------------------------------------------

    \8\ See: http://www.ahrinet.org/ahri+members.aspx.
    \9\ See: http://www.ahridirectory.org/ahriDirectory/pages/home.aspx.
    \10\ See: http://www.appliances.energy.ca.gov/.
    \11\ See: http://www.hoovers.com/.
---------------------------------------------------------------------------

3. Description and Estimate of Compliance Requirements
    For direct heating equipment, the proposed amendments would 
incorporate by reference the most recent version of various industry 
standards already referenced in the DHE test procedures for the 
purposes of specifying the test set-up provisions. In addition, the 
proposed test procedure would include provisions for determining the 
AFUE of products that use condensing technology. The updates to the 
most recent versions of the various industry standards would result in 
no material change to DOE's test procedure for direct heating 
equipment. The additional provisions for measuring energy efficiency of 
products with condensing technology may add a modest cost to testing 
for manufacturers of such products. The test could be conducted in the 
same test facility, but some additional testing and calculation would 
be required to determine AFUE. Specifically, the proposed provisions 
would require a condensate collection test to be conducted on vented 
heaters utilizing condensing technologies. The duration of the 
condensate collection test time would be 30 minutes for steady-state 
testing and 1-2 hours for cyclic testing. In some cases only steady-
state testing would be required (i.e., all manually-controlled vented 
heaters and those vented heaters not utilizing the optional tracer gas 
procedures). Vented heaters tested utilizing the optional tracer gas 
procedures would be required to conduct both steady-state and cyclic 
condensate collection procedures. Therefore, DOE estimates that the 
additional testing for condensing units would add, in the worst case, 3 
hours to the overall length of time it takes to conduct the AFUE test, 
as compared to DHE not utilizing condensing technology. At a rate of 
$30 an hour for a test lab technician, DOE estimates that the added 
cost will be $90 per test unit, which is modest in comparison to the 
overall cost of product development and certification.
    For pool heaters, the proposed updates to the test procedure would 
add provisions to determine the energy efficiency of electric pool 
heaters, including heat pump pool heaters, and would incorporate by 
reference ANSI/AHRI 1160-2009 and ANSI/ASHRAE 146-2011. These products 
are not currently regulated by DOE, but DOE's research showed that all 
domestic small business manufacturers of heat pump pool heaters that 
were identified already rate COP and capacity according to the rating 
conditions in ANSI/AHRI 1160 and typically at an additional rating 
point outside of the ANSI/AHRI 1160 test conditions. In addition, DOE 
notes that ASHRAE Standard 90.1-2010 contains efficiency levels for 
heat pump pool heaters and specifies ANSI/AHRI 1160-2009 as the test 
method. Several States (e.g., Florida, California) also have minimum 
efficiency requirements for heat pump pool heaters, which is another 
factor that may drive manufacturers to rate their products for 
efficiency. Because manufacturers of heat pump pool heaters are already 
rating their products using AHRI 1160-2009 due to the ASHRAE Standard 
90.1-2010 requirements and State efficiency requirements, DOE does not 
believe there will be much, if any, additional burden from today's 
proposal for including a heat pump pool heater test method that 
references the industry standard. For electric resistance pool heaters, 
the proposed test method in ANSI/ASHRAE 146-2011 is comparable to that 
for gas-fired and oil-fired pool heaters in the existing test method. 
For these manufacturers to make any representation regarding the 
efficiency of their products, they must have been using a similar test, 
so it is not expected that the current proposal would add to the burden 
of manufacturers of electric resistance pool heaters. DOE requests 
comment on these tentative conclusions and on the potential impacts of 
this proposed rule on small business manufacturers of pool heaters, 
particularly of heat pump pool heaters and electric resistance pool 
heaters. This is identified as issue 5 in section V.E, ``Issues on 
Which DOE Seeks Comment.''
4. Duplication, Overlap, and Conflict With Other Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with the rule being proposed today.
5. Significant Alternatives to the Rule
    As noted earlier in the preamble, the proposed rule is largely 
based upon the industry testing procedures already in place for direct 
heating equipment and pool heaters. DOE believes the proposed 
amendments would be useful for both consumers and industry, and are 
consistent with the Department's goals and statutory requirements, 
while also minimizing the economic burden on manufacturers. DOE seeks 
comment and information on the need, if any, for alternative test 
methods that, consistent with the statutory requirements, would reduce 
the economic impact of this rule

[[Page 63419]]

on small entities. DOE will consider any comments received regarding 
alternative methods of testing that would reduce economic impact of the 
rule on small entities. DOE will consider the feasibility of such 
alternatives and determine whether they should be incorporated into the 
final rule.

D. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of direct heating equipment and pool heaters 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 direct 
heating equipment and pool heaters, 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 direct heating equipment and pool heaters. 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.

E. 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 direct heating equipment and pool heaters. 
DOE has determined that this rule falls into a class of actions that 
are categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, this proposed rule would 
amend the existing test procedures 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.

F. 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.

G. 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.

H. 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 
www.gc.doe.gov/gc/office-general-counsel.) DOE examined

[[Page 63420]]

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.

I. 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.

J. 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.

K. 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.

L. 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 direct heating equipment and pool heaters 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.

M. 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 standards: ANSI/ASHRAE 103-2007, ``Method of Test 
for Annual Fuel Utilization Efficiency of Residential Central Furnaces 
and Boilers''; ANSI Z21.86-2008, ``Vented Gas-Fired Space Heating 
Appliances''; ASTM D2156-09, ``Standard Test Method for Smoke Density 
in Flue Gases from Burning Distillate Fuels''; UL 729-2003, ``Standard 
for Safety for Oil-Fired Floor Furnaces''; UL 730-2003, ``Standard for 
Safety for Oil-Fired Wall Furnaces''; UL 896-1993, ``Standard for 
Safety for Oil-Burning Stoves''; AHRI 1160-2009, ``Performance Rating 
of Heat Pump Pool Heaters''; and ASHRAE 146-2011, ``Method of Testing 
Pool Heaters.'' While today's proposed test procedures are not 
exclusively based on these standards, components of the test procedures 
are adopted directly from these standards without amendment. The 
Department has evaluated these standards and is unable to conclude 
whether they fully comply with the requirements of section 32(b) of the 
FEAA, (i.e., that they were 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 these standards prior to prescribing a final rule.

V. Public Participation

A. Attendance at the Public Meeting

    The time, date and location of the public meeting are listed in the 
DATES and ADDRESSES sections at the beginning of this document. If you 
plan to attend the public meeting, please notify Ms. Brenda Edwards at 
(202) 586-2945 or Brenda.Edwards@ee.doe.gov. 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 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/68. Please also note that 
any person wishing to bring a laptop computer or tablet into the 
Forrestal Building will be required to obtain a property pass. Visitors 
should avoid bringing such devices, or allow an extra 45 minutes. 
Persons may also attend the public meeting via webinar. Participants 
are responsible for ensuring their systems are compatible with the 
webinar software.

[[Page 63421]]

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 of proposed rulemaking, 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 of proposed 
rulemaking 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 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 of proposed rulemaking. 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 of proposed rulemaking, 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 of 
proposed rulemaking.
    All submissions received must include the agency name and docket 
number and/or RIN for this rulemaking. No telefacsimilies (faxes) will 
be accepted.
    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

[[Page 63422]]

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 in 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 ``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. Are the proposed provisions for testing vented heaters that are 
capable of condensing operation appropriate and sufficient?
    2. Are the updates to the material incorporated by reference into 
the direct heating equipment test procedure appropriate and sufficient?
    3. Is the assignment of a 1-percent default jacket loss in lieu of 
testing for vented floor furnaces appropriate?
    4. Are the proposed provisions to allow testing of electric 
resistance and heat pump pool heaters appropriate and sufficient?
    5. What are the impacts of this proposed rule on small business 
entities?

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 September 30, 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. Section 430.3 is amended by:
0
a. Redesignating paragraph (d)(18) as (d)(19) and adding ``and Appendix 
O of this part'' after ``for Sec.  430.2'' in redesignated paragraph 
(d)(19);
0
b. Redesignating paragraphs (f)(10) as (f)(11) and (i) through (p) as 
(j) through (q) respectively; and
0
c. Adding paragraphs (b)(2), (d)(18), (f)(10), (f)(12), (i), and (r).
    The additions read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (b) * * *
    (2) ANSI/AHRI Standard 1160-2009 (``ANSI/AHRI 1160''), Performance 
Rating of Heat Pump Pool Heaters, ANSI approved November 4, 2011, IBR 
approved for appendix P to subpart B.
* * * * *
    (d) * * *
    (18) ANSI Z21.86-2008 (CSA 2.32-2008), (``ANSI Z21.86''), Vented 
Gas-Fired Space Heating Appliances, Fifth Edition, ANSI approved March 
28, 2008, IBR approved for appendix O to subpart B.
* * * * *
    (f) * * *
    (10) ANSI/ASHRAE 103-2007, Method of Test for Annual Fuel 
Utilization Efficiency of Residential Central Furnaces and Boilers, 
ASHRAE approved June 27, 2007, ANSI approved March 25, 2008, IBR 
approved for appendix O to subpart B.
* * * * *
    (12) ANSI/ASHRAE 146-2011 (``ANSI/ASHRAE 146''), Method of Testing 
and Rating Pool Heaters, ASHRAE approved February 2, 2011, ANSI 
approved February 3, 2011, IBR approved for appendix P to subpart B.
* * * * *
    (i) ASTM. American Society for Testing and Materials International, 
100

[[Page 63423]]

Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 
(www.astm.org).
    (1) ASTM D2156-09, (``ASTM D2156''), Standard Test Method for Smoke 
Density in Flue Gases from Burning Distillate Fuels, Edition 09, ASTM 
approved December 1, 2009, IBR approved for and appendix O to subpart 
B.
    (2) [Reserved]
* * * * *
    (r) UL. Underwriters Laboratories, Inc., 2600 NW. Lake Rd., Camas 
WA 98607-8542 (www.UL.com).
    (1) UL 729-2003 (``UL 729''), Standard for Safety for Oil-Fired 
Floor Furnaces, dated August 29, 2003, Sixth Edition including 
revisions through April 22, 2010, IBR approved for appendix O to 
subpart B.
    (2) UL 730-2003 (``UL 730''), Standard for Safety for Oil-Fired 
Wall Furnaces, dated August 29, 2003, 5th edition including revisions 
through April 22, 2010, IBR approved for appendix O to subpart B.
    (3) UL 896-1993 (``UL 896''), Standard for Safety for Oil-Burning 
Stoves, dated July 29, 1993, 5th edition including revisions through 
May 7, 2010, IBR approved for appendix O to subpart B.
0
3. Section 430.23 is amended by revising paragraphs (o) and (p) to read 
as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (o) Vented home heating equipment. (1) When determining the annual 
fuel utilization efficiency (AFUE) of vented home heating equipment 
(see the note at the beginning of appendix O), expressed in percent 
(%), AFUE shall be calculated in accordance with section 4.1.17 or 
4.3.7 of appendix O of this subpart for vented heaters without either 
manual controls or thermal stack dampers; according to section 4.2.6 or 
4.3.7 of appendix O of this subpart for vented heaters equipped with 
manual controls; or according to section 4.3.7 of appendix O of this 
subpart for vented heaters equipped with thermal stack dampers.
    (2) When estimating the annual operating cost for vented home 
heating equipment, calculate the sum of:
    (i) The product of the average annual fuel energy consumption, in 
Btu's per year for natural gas, propane, or oil-fueled vented home 
heating equipment, determined according to section 4.6.2 of appendix O 
of this subpart, and the representative average unit cost in dollars 
per Btu for natural gas, propane, or oil, as appropriate, as provided 
pursuant to section 323(b)(2) of the Act; plus
    (ii) The product of the average annual auxiliary electric energy 
consumption in kilowatt-hours per year determined according to section 
4.6.3 of appendix O of this subpart, and the representative average 
unit cost in dollars per kilowatt-hours as provided pursuant to section 
323(b)(2) of the Act, the resulting sum then being rounded off to the 
nearest dollar per year.
    (3) When estimating the estimated operating cost per million Btu 
output for gas or oil vented home heating equipment with an auxiliary 
electric system, calculate the product of:
    (i) The quotient of one million Btu divided by the sum of:
    (A) The product of the maximum fuel input in Btu's per hour as 
determined in 3.1.1 or 3.1.2 of appendix O of this subpart times the 
annual fuel utilization efficiency in percent as determined in 4.1.17, 
4.2.6, or 4.3.7 of this appendix as appropriate divided by 100; plus
    (B) The product of the maximum electric power in watts as 
determined in 3.1.3 of appendix O of this subpart times the quantity 
3.412; and
    (ii) Of the sum of:
    (A) The product of the maximum fuel input in Btu's per hour as 
determined in 3.1.1 or 3.1.2 of this appendix times the representative 
unit cost in dollars per Btu for natural gas, propane, or oil, as 
appropriate, as provided pursuant to section 323(b)(2) of the Act; plus
    (B) The product of the maximum auxiliary electric power in 
kilowatts as determined in 3.1.3 of appendix O of this subpart times 
the representative unit cost in dollars per kilowatt-hour as provided 
pursuant to section 323(b)(2) of the Act, the resulting quantity shall 
be rounded off to the nearest 0.01 dollar per million Btu output.
    (p) Pool heaters. (1) Prior to the compliance date of any energy 
conservation standards that incorporate standby mode and off mode 
energy consumption for pool heaters, when determining the thermal 
efficiency of pool heaters (see the note at the beginning of appendix P 
of this subpart) expressed as a percent (%), thermal efficiency shall 
be calculated in accordance with section 5.1 of appendix P to this 
subpart.
    (2) After the compliance date of any energy conservation standards 
that incorporate standby mode and off mode energy consumption for pool 
heaters, when determining the integrated thermal efficiency of pool 
heaters (see the note at the beginning of appendix P of this subpart) 
expressed as a percent (%), integrated thermal efficiency shall be 
calculated in accordance with section 5.4 of appendix P to this 
subpart.
    (3) When estimating the annual operating cost of pool heaters, 
calculate the sum of:
    (i) The product of the average annual fuel energy consumption, in 
Btu's per year, of natural gas or oil-fueled pool heaters, determined 
according to section 5.2 of appendix P to this subpart, and the 
representative average unit cost in dollars per Btu for natural gas or 
oil, as appropriate, as provided pursuant to section 323(b)(2) of the 
Act; plus
    (ii) The product of the average annual electrical energy 
consumption in kilowatt-hours per year determined according to section 
5.3 of appendix P to this subpart and converted to kilowatt-hours using 
a conversion factor of 3412 Btu = 1 kilowatt-hour, and the 
representative average unit cost in dollars per kilowatt-hours as 
provided pursuant to section 323(b)(2) of the Act, the resulting sum 
then being rounded off to the nearest dollar per year.
* * * * *
0
4. Appendix O to subpart B of part 430 is amended by:
0
a. Revising the note after the appendix heading;
0
b. Redesignating the second section 1.33 (following section 1.37) as 
section 1.39.
0
c. Redesignating sections 1.5 through 1.37 as 1.6 through 1.38;
0
d. Adding sections 1.5, 2.2.4, 3.8, 3.8.1, 3.8.2, 4.1.6.1, 4.1.6.2, 
4.1.6.3, and 4.1.6.4;
0
e. Amending section 2.6.1 by removing the words ``ANSI Z21.49-1975, 
section 2.14.'' and adding in their place ``Part VIII section 8.7 of 
ANSI Z21.86.''
0
f. Amending section 2.6.2 by removing the words ``Figure 34.4 of UL 
730-1974, or Figures 35.1 and 35.2 of UL 729-1976'' and adding in their 
place ``Figure 36.4 of UL 730, or Figure 38.1 and 38.2 of UL 729.'' and 
by removing the words ``sections 35.12 through 35.17 of UL 730-1974.'' 
and adding in their place ``sections 37.5.8 through 37.5.18 of UL 
730.''
0
g. Revising sections 2.1.1, 2.1.2, 2.1.3, 2.2.2, 2.3.3, 2.3.4, 2.4.2, 
2.5.1, 3.1.2, 3.2, 3.3, 4.1.6, 4.1.10, 4.2.4.1, 4.3.3, and 4.3.6.
    These additions and revisions read as follows:

Appendix O to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Vented Home Heating Equipment

    Note: After [date 180 days after publication of the final rule 
in the Federal Register], any representations made with respect to 
the energy use or efficiency of vented home

[[Page 63424]]

heating equipment must be made in accordance with the results of 
testing pursuant to this appendix. After this date, if a 
manufacturer elects to make representations with regard to standby 
mode and off mode energy consumption, then testing must also include 
the provisions of this appendix related to standby mode and off mode 
energy consumption.

    Manufacturers conducting tests of vented home heating equipment 
after [date 30 days after publication of the final rule in the 
Federal Register] and prior to [date 180 days after publication of 
the final rule in the Federal Register], must conduct such test in 
accordance with either this appendix or appendix O as it appeared at 
10 CFR part 430, subpart B, appendix X, in the 10 CFR parts 200 to 
499 edition revised as of January 1, 2013. Any representations made 
with respect to the energy use or efficiency of such vented home 
heating equipment must be in accordance with whichever version is 
selected. Given that after [date 180 days after publication of the 
final rule in the Federal Register] representations with respect to 
the energy use or efficiency of vented home heating equipment must 
be made in accordance with tests conducted pursuant to this 
appendix, manufacturers may wish to begin using this test procedure 
as soon as possible.
    On or after the compliance date for any amended energy 
conservation standards that incorporate standby mode and off mode 
energy consumption, all representations must be based on testing 
performed in accordance with this appendix in its entirety.
* * * * *
    1.5 ``Condensing vented heater'' means a vented heater that 
will, during the laboratory tests prescribed in this appendix, 
condense part of the water vapor in the flue gases.
* * * * *
    2.1.1 Vented wall furnaces (including direct vent systems). 
Install non-direct vent gas-fueled vented wall furnaces as specified 
in section 8.1.3 and figure 7 or figure 10 of ANSI Z21.86 
(incorporated by reference; see Sec.  430.3). Install direct vent 
gas-fueled vented wall furnaces as specified in section 6.1.3 and 
figure 6 of ANSI Z21.86. Install oil-fueled vented wall furnaces as 
specified in section 36.1 of UL 730.
    2.1.2 Vented floor furnaces. Install vented floor furnaces for 
test as specified in section 38.1 of UL 729.
    2.1.3 Vented room heaters. Install vented room heaters for test 
as specified in section 37.1.1 of UL 896.
* * * * *
    2.2.2 Oil-fueled vented home heating equipment (excluding direct 
vent systems). Use flue connections for oil-fueled vented floor 
furnaces as specified in section 38.2 of UL 729, sections 36.2 of UL 
730 for oil-fueled vented wall furnaces, and sections 37.1.2 and 
37.1.3 of UL 896 for oil-fueled vented room heaters (incorporated by 
reference; see Sec.  430.3).
* * * * *
    2.2.4 Condensing vented heater, additional flue requirements. 
The flue pipe installation must not allow condensate formed in the 
flue pipe to flow back into the unit. An initial downward slope from 
the unit's exit, an offset with a drip leg, annular collection 
rings, or drain holes must be included in the flue pipe installation 
without disturbing normal flue gas flow. Flue gases should not flow 
out of the drain with the condensate. For condensing vented heaters 
not designed for collection and draining of condensate, a means to 
collect condensate must be provided for the purposes of testing.
* * * * *
    2.3.3 Other test gas. Use other test gases with characteristics 
as described in table 1 of ANSI/ASHRAE 103-2007 (incorporated by 
reference; see Sec.  430.3). Use gases with a measured higher 
heating value within 5 percent of the values specified 
in the above ANSI/ASHRAE standard. Determine the actual higher 
heating value of the gas used in the test with an error no greater 
than one percent.
    2.3.4 Oil supply. For a vented heater utilizing fuel oil, use 
No. 1, fuel oil (kerosene) for vaporizing-type burners and either 
No. 1 or No. 2 fuel oil, as specified by the manufacturer, for 
mechanical atomizing type burners. Use test fuel conforming to the 
specifications given in tables 2 and 3 of ANSI/ASHRAE 103-2007 
(incorporated by reference; see Sec.  430.3). Measure the higher 
heating value of the test fuel with an error no greater than one 
percent.
* * * * *
    2.4.2 Oil burner adjustments. Adjust the burners of oil-fueled 
vented heaters to give the CO2 reading recommended by the 
manufacturer and an hourly Btu input, during the steady-state 
performance test described below, which is within 2 
percent of the heater manufacturer's specified normal hourly Btu 
input rating. On units employing a power burner, do not allow smoke 
in the flue to exceed a No. 1 smoke during the steady-state 
performance test as measured by the procedure in ASTM D2156 
(incorporated by reference; see Sec.  430.3). If, on units employing 
a power burner, the smoke in the flue exceeds a No. 1 smoke during 
the steady-state test, readjust the burner to give a lower smoke 
reading, and, if necessary a lower CO2 reading, and start 
all tests over. Maintain the average draft over the fire and in the 
flue during the steady-state performance test at that recommended by 
the manufacturer within 0.005 inches of water gauge. Do 
not make additional adjustments to the burner during the required 
series of performance tests. The instruments and measuring apparatus 
for this test are described in section 6 and shown in Figure 8 of 
ANSI/ASHRAE 103-2007 (incorporated by reference; see Sec.  430.3).
* * * * *
    2.5.1 Forced air vented wall furnaces (including direct vent 
systems). During testing, maintain the air flow through the heater 
as specified by the manufacturer and operate the vented heater with 
the outlet air temperature between 80[emsp14][deg]F and 
130[emsp14][deg]F above room temperature. If adjustable air 
discharge registers are provided, adjust them so as to provide the 
maximum possible air restriction. Measure air discharge temperature 
as specified in section 8.7 of ANSI Z21.86 (incorporated by 
reference; see Sec.  430.3).
* * * * *
    3.1.2 Oil-fueled vented home heating equipment (including direct 
vent systems). Set up and adjust the vented heater as specified in 
sections 2.1, 2.2, and 2.3.4 of this appendix. Begin the steady-
state performance test by operating the burner and the circulating 
air blower, on units so equipped, with the adjustments specified by 
sections 2.4.2 and 2.5 of this appendix until steady-state 
conditions are attained as indicated by a temperature variation of 
not more than 5[emsp14][deg]F (2.8 C) in the flue gas temperature in 
three successive readings taken 15 minutes apart.
    For units equipped with power burners, do not allow smoke in the 
flue to exceed a No. 1 smoke during the steady-state performance 
test as measured by the procedure described in ASTM D 2156 
(incorporated by reference; see Sec.  430.3). Maintain the average 
draft over the fire and in the breeching during the steady-state 
performance test at that recommended by the manufacturer 0.005 inches of water gauge.
    Measure the room temperature (TRA) as described in 
section 2.9 of this appendix and measure the steady-state flue gas 
temperature (TF,SS) using nine thermocouples located in 
the flue pipe as described in section 2.6.2 of this appendix. Secure 
a sample of the flue gas in the plane of temperature measurement and 
determine the concentration by volume of CO2 
(XCO2F) present in dry flue gas. Measure and record the 
steady-state heat input rate (Qin).
    For manually controlled oil-fueled vented heaters, determine the 
steady-state efficiency at a fuel input rate that is within 5 percent of 50 percent of the maximum fuel input rate or at 
the minimum fuel input rate as measured in section 3.1.2 to this 
appendix for manually controlled oil-fueled vented heaters if the 
design of the heater is such that the 5 percent of 50 
percent of the maximum fuel input rate cannot be set.
* * * * *
    3.2 Jacket loss measurement. Conduct a jacket loss test for 
vented floor furnaces. Measure the jacket loss (Lj) in 
accordance with the ANSI/ASHRAE 103-2007 section 8.6 (incorporated 
by reference; see Sec.  430.3), applying the provisions for furnaces 
and not the provisions for boilers. In lieu of testing, the jacket 
loss can be assigned a value of 1%.
    3.3 Measurement of the off-cycle losses for vented heaters 
equipped with thermal stack dampers. As noted in section 4.3, this 
procedure may be optionally used for all vented heaters. Install the 
thermal stack damper, if required, according to the manufacturer's 
instructions. Unless specified otherwise, the thermal stack damper 
should be at the draft diverter exit collar. Attach a five foot 
length of bare stack to the outlet of the damper. Install 
thermocouples as specified in section 2.6.1 of this appendix.
    For vented heaters equipped with single-stage thermostats, 
measure the off-cycle losses at the maximum fuel input rate. For 
vented heaters equipped with two-stage thermostats, measure the off-
cycle losses at the maximum fuel input rate and at the reduced fuel 
input rate. For vented heaters equipped with step-modulating 
thermostats,

[[Page 63425]]

measure the off-cycle losses at the reduced fuel input rate.
    Let the vented heater heat up to a steady-state condition. Feed 
a tracer gas at a constant metered rate into the stack directly 
above and within one foot above the stack damper. For units not 
employing a thermal stack damper, introduce the tracer gas within 
the first foot of the test stack. Record tracer gas flow rate and 
temperature. Measure the tracer gas concentration in the stack at 
several locations in a horizontal plane through a cross-section of 
the stack at a point sufficiently above the stack damper to ensure 
that the tracer gas is well mixed in the stack.
    Continuously measure the tracer gas concentration and 
temperature during a 10-minute cool-down period. Shut the burner off 
and immediately begin measuring tracer gas concentration in the 
stack, stack temperature, Room temperature, and barometric pressure. 
Record these values as the midpoint of each one-minute interval 
between burner shut-down and ten minutes after burner shut-down. 
Meter response time and sampling delay time shall be considered in 
timing these measurements.
* * * * *
    3.8 Condensing vented heaters measurement of condensate under 
steady-state and cyclic conditions. Condensate drain lines shall be 
attached to the vented heater as specified in the manufacturer's 
installation instructions. The test unit shall be level prior to all 
testing. A continuous downward slope of drain lines from the unit 
shall be maintained. Additional precautions shall be taken to 
facilitate uninterrupted flow of condensate during the test. 
Collection container must be glass or polished stainless steel to 
facilitate removal of interior deposits. The collection container 
shall have a vent opening to the atmosphere, be dried prior to each 
use, and be at room ambient temperature. The humidity of the room 
air shall at no time exceed 80% relative humidity. For condensing 
units not designed for collecting and draining condensate, drain 
lines need to be provided during testing that meet the criteria set 
forth in this section 3.8. Units employing manual controls and units 
not tested under the optional tracer gas procedures of section 3.3 
and 3.6 shall only conduct the steady-state condensate collection 
test.
    3.8.1 Steady-state condensate collection test. Begin a steady-
state condensate collection immediately after the steady-state 
testing of section 3.1 has been completed. The steady-state 
condensate collection period shall be an additional 30 minutes. 
Condensate mass shall be measured immediately at the end of the 
collection period to minimize evaporation loss from the sample. Fuel 
input shall be recorded for the 30-minute condensate collection 
steady-state test period. Fuel higher heating value (HHV), 
temperature, and pressures necessary for determining fuel energy 
input (Qc,ss) will be measured and recorded. The fuel 
quantity and HHV shall be measured with errors no greater than 1%. 
Determine the mass of condensate for the steady-state test 
(Mc,ss) in pounds by subtracting the tare container 
weight from the total container and condensate weight measured at 
the end of the 30-minute condensate collection test period.
    For units with step modulating or two-stage controls, the 
steady-state condensate collection test shall be conducted at both 
the maximum and reduced input rates.
    3.8.2 Cyclic condensate collection tests. (only for vented 
heaters tested under the optional tracer gas procedures of section 
3.3 or 3.6) Control devices shall be installed to allow cyclical 
operation of the vented heater. The unit shall be operated in a 
cyclical manner until flue gas temperatures at the end of each on-
cycle are within 5[deg] F of each other for two consecutive cycles. 
On-cycle and off-cycle times are 4 minutes and 13 minutes 
respectively. Control of ON and OFF operation actions shall be 
within +/- 6 seconds of the scheduled time. Begin three test cycles. 
For fan-type vented heaters, maintain circulating air adjustments as 
specified in section 2.5 of this appendix. Begin condensate 
collection at one minute before the on-cycle period of the first 
test cycle. The container shall be removed one minute before the end 
of each off-cycle period. Condensate mass shall be measured for each 
test-cycle.
    Fuel input shall be recorded during the entire test period 
starting at the beginning of the on-time period of the first cycle 
to the beginning of the on-time period of the second cycle, etc., 
for each of the test cycles. Fuel higher heating value (HHV), 
temperature, and pressure necessary for determining fuel energy 
input, Qc, shall be recorded. Determine the mass of 
condensate for each cycle, Mc, in pounds. If at the end 
of three-cycles, the sample standard deviation is within 20% of the 
mean value for three cycles, use total condensate collected in the 
three cycles as Mc; if not, continue collection for an 
additional three cycles and use the total condensate collected for 
the six cycles as Mc. Determine the fuel energy input, 
Qc, during the three or six test cycles, expressed in 
Btu.
* * * * *
    4.1.6 Latent heat loss. For non-condensing vented heaters, 
obtain the latent heat loss (LL,A) from Table 2 of this 
appendix. For condensing vented heaters, a modified latent heat loss 
(LL,A*) is obtained as follows:
    For steady-state conditions:

LL,A* = LL,A - LG,SS + 
LC,SS
where:
    LL,A = Latent heat loss, based on fuel type, from 
table 2 of this appendix
LG,SS = Steady-state latent heat gain due to condensation 
as determined in 4.1.6.1 of this appendix
LC,SS = Steady-state heat loss due to hot condensate 
going down the drain as determined in 4.1.6.2 of this appendix
    For cyclic conditions: (only for vented heaters tested under the 
optional tracer gas procedures of section 3.3 or 3.6)

LL,A* = LL,A - LG + LC

where:
LL,A = Latent heat loss, based on fuel type, from table 2 
of this appendix
LG = Latent heat gain due to condensation under cyclic 
conditions as determined in 4.1.6.3 of this appendix
LC = Heat loss due to hot condensate going down the drain 
under cyclic conditions as determined in 4.1.6.4 of this appendix
    4.1.6.1 Latent heat gain due to condensation under steady-state 
conditions. Calculate the latent heat gain (LG,SS) 
expressed as a percent and defined as: 
[GRAPHIC] [TIFF OMITTED] TP24OC13.090


where:
100 = conversion factor to express a decimal as a percent
1053.3 = latent heat of vaporization of water, Btu per pound
Mc,ss = mass of condensate for the steady-state test as 
determined in 3.8.1 of this appendix, pounds
Qc,ss = fuel energy input for steady-state test as 
determined in 3.8.1 of this appendix, Btu

    4.1.6.2 Heat loss due to hot condensate going down the drain 
under steady-state conditions. Calculate the steady-state heat loss 
due to hot condensate going down the drain (LC,SS) 
expressed as a percent and defined as: 
[GRAPHIC] [TIFF OMITTED] TP24OC13.091

where:
LG,SS = Latent heat gain due to condensation under 
steady-state conditions as defined in 4.1.6.1 of this appendix
1.0 = specific heat of water, Btu/lb-[deg]F
TF,SS = Flue (or stack) gas temperature as defined in 3.1 
of this appendix, [deg]F.
70 = assumed indoor temperature, [deg]F
0.45 = specific heat of water vapor, Btu/lb-[deg]F
45 = average outdoor temperature for vented heaters, [deg]F

    4.1.6.3 Latent heat gain due to condensation under cyclic 
conditions. (only for vented heaters tested under the optional 
tracer gas procedures of section 3.3 or 3.6) Calculate the latent 
heat gain (LG) expressed as a percent and defined as: 
[GRAPHIC] [TIFF OMITTED] TP24OC13.092

where:
100 = conversion factor to express a decimal as a percent

[[Page 63426]]

1053.3 = latent heat of vaporization of water, Btu per pound
Mc = mass of condensate for the cyclic test as determined 
in 3.8.2 of this appendix, pounds
Qc = fuel energy input for cyclic test as determined in 
3.8.2 of this appendix, Btu

    4.1.6.4 Heat loss due to hot condensate going down the drain 
under cyclic conditions. (only for vented heaters tested under the 
optional tracer gas procedures of section 3.3 or 3.6) Calculate the 
cyclic heat loss due to hot condensate going down the drain 
(LC) expressed as a percent and defined as: 
[GRAPHIC] [TIFF OMITTED] TP24OC13.093

where:
LG = Latent heat gain due to condensation under cyclic 
conditions as defined in 4.1.6.3 of this appendix
1.0 = specific heat of water, Btu/lb-[deg]F
TF,SS = Flue (or stack) gas temperature as defined in 3.1 
of this appendix.
70 = assumed indoor temperature, [deg]F
0.45 = specific heat of water vapor, Btu/lb-[deg]F
45 = average outdoor temperature for vented heaters, [deg]F
* * * * *
    4.1.10 Steady-state efficiency. For vented heaters equipped with 
single-stage thermostats, calculate the steady-state efficiency 
(excluding jacket loss, [eta]SS, expressed in percent and 
defined as:

[eta]SS = 100 - LL,A - LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this 
appendix (for condensing vented heaters LL,A* for steady-
state conditions)
LS,SS,A = sensible heat loss at steady-state operation, 
as defined in 4.1.9 of this appendix
    For vented heaters equipped with either two-stage thermostats or 
with step-modulating thermostats, calculate the steady-state 
efficiency at the reduced fuel input rate, [eta]SS-L, 
expressed in percent and defined as:

[eta]SS-L = 100 - LL,A - LS,SS,A

where:
LL,A = latent heat loss, as defined in 4.1.6 of this 
appendix (for condensing vented heaters LL,A* for steady-
state conditions at the reduced firing rate)
LS,SS,A = sensible heat loss at steady-state operation, 
as defined in 4.1.9 of this appendix in which LS,SS,Ais 
determined at the reduced fuel input rate

    For vented heaters equipped with two-stage thermostats, 
calculate the steady-state efficiency at the maximum fuel input 
rate,
[eta]SS-H, expressed in percent and defined as:

[eta]SS-H = 100 - LL,A - LS,SS,A

where:
LL,A = latent heat loss, as defined in 4.1.6 of this 
appendix (for condensing vented heaters LL,A* for steady-
state conditions at the maximum fuel input rate)
LS,SS,A = sensible heat loss at steady-state operation, 
as defined in 4.1.9 of this appendix in which LS,SS,Ais 
measured at the maximum fuel input rate

    For vented heaters equipped with step-modulating thermostats, 
calculate the weighted-average steady-state efficiency in the 
modulating mode, [eta]SS-MOD, expressed in percent and 
defined as: 
[GRAPHIC] [TIFF OMITTED] TP24OC13.094


where:
[eta]SS-H = steady-state efficiency at the maximum fuel 
input rate, as defined in 4.1.10 of this appendix
[eta]SS-L = steady-state efficiency at the reduced fuel 
input rate, as defined in 4.1.10 of this appendix
TOA* = average outdoor temperature for vented heaters 
with step-modulating thermostats operating in the modulating mode 
and is obtained from Table 3 or Figure 1 of this appendix
TC = balance point temperature which represents a 
temperature used to apportion the annual heating load between the 
reduced input cycling mode and either the modulating mode or maximum 
input cycling mode and is obtained either from Table 3 of this 
appendix or calculated by the following equation:
TC = 65 - [(65 - 15)R]

where:
65 = average outdoor temperature at which a vented heater starts 
operating
15 = national average outdoor design temperature for vented heaters
R = ratio of reduced to maximum heat output rates, as defined in 
4.1.13 of this appendix
* * * * *
    4.2.4.1 For manually-controlled heaters with various input rates 
the weighted average steady-state efficiency 
([eta]SS-WT), is determined as follows:

[eta]SS-WT = 100-LL,A-LS,SS,A

where:
LL,A = latent heat loss, as defined in 4.1.6 of this 
appendix (for condensing vented heaters, LL,A* for 
steady-state conditions)
LS,SS,A = steady-state efficiency at the reduced fuel 
input rate, as defined in 4.1.9 of this appendix

    and where LL,A and LS,SS,A are determined:
    (1) at 50 percent of the maximum fuel input rate as measured in 
either section 3.1.1 of this appendix for manually-controlled gas 
vented heaters or section 3.1.2 of this appendix for manually-
controlled oil vented heaters, or
    (2) at the minimum fuel input rate as measured in either section 
3.1.1 to this appendix for manually-controlled gas vented heaters or 
section 3.1.2 to this appendix for manually-controlled oil vented 
heaters if the design of the heater is such that the 5 
percent of 50 percent of the maximum fuel input rate cannot be set, 
provided this minimum rate is no greater than 2/3 of the maximum 
input rate of the heater.
* * * * *
    4.3.3 Off-cycle sensible heat loss. For vented heaters equipped 
with single-stage thermostats, calculate the off-cycle sensible heat 
loss (LS,OFF) at the maximum fuel input rate. For vented 
heaters equipped with step-modulating thermostats, calculate 
LS,OFF defined as:

LS,OFF = X1 LS,OFF,red

where:
X1 = as defined in 4.1.14 of this appendix
LS,OFF,red = as defined as LS,OFF in 4.3.3 of 
this appendix at the reduced fuel input rate

    For vented heaters equipped with two-stage thermostats, 
calculate LS,OFF defined as:

LS,OFF = X1 LS,OFF,red 
+X2 LS,OFF,Max

where:
X1 = as defined in 4.1.14 of this appendix
LS,OFF,red =as defined as LS,OFF in 4.3.3 of 
this appendix at the reduced fuel input rate
X2 = as defined in 4.1.15 of this appendix
LS,OFF,Max = as defined as LS,OFF in 4.3.3 of 
this appendix at the maximum fuel input rate
Calculate the off-cycle sensible heat loss (LS,OFF) 
expressed as a percent and defined as:

[[Page 63427]]

[GRAPHIC] [TIFF OMITTED] TP24OC13.095

where:

100 = conversion factor for percent
0.24 = specific heat of air in Btu per pound-[deg]F
Qin = fuel input rate, as defined in 3.1 of this appendix 
in Btu per minute (as appropriate for the firing rate)
ton = average burner on-time per cycle and is 20 minutes
[Sigma] mS,OFF (TS,OFF -TRA) = 
summation of the ten values (for single-stage or step-modulating 
models) or twenty values (for two-stage models) of the quantity, 
mS,OFF (TS,OFF - TRA), measured in 
accordance with 3.3 of this appendix
mS,OFF = stack gas mass flow rate pounds per minute
[GRAPHIC] [TIFF OMITTED] TP24OC13.096

TS,OFF = stack gas temperature measured in accordance 
with 3.3 of this appendix
TRA = average room temperature measured in accordance 
with 3.3 of this appendix
PB = barometric pressure in inches of mercury
VT = flow rate of the tracer gas through the stack in 
cubic feet per minute
CT * = concentration by volume of the active tracer gas 
in the mixture in percent and is 100 when the tracer gas is a single 
component gas
CT = concentration by volume of the active tracer gas in 
the diluted stack gas in percent
TT = temperature of the tracer gas entering the flow 
meter in degrees Fahrenheit
(TT + 460) = absolute temperature of the tracer gas 
entering the flow meter in degrees Rankine
* * * * *
    4.3.6 Part-load fuel utilization efficiency. Calculate the part-
load fuel utilization efficiency ([eta]u) expressed as a 
percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.097

where:
Cj = 2.8, adjustment factor
Lj = jacket loss as defined in 4.1.5
LL,A = Latent heat loss, as defined in 4.1.6 of this 
appendix (for condensing vented heaters LL,A* for cyclic 
conditions)
ton = Average burner on time which is 20 mins.
LS,ON = On-cycle sensible heat loss, as defined in 4.3.1 
of this appendix
LS,OFF = Off-cycle sensible heat loss, as defined in 
4.3.3 of this appendix
LI,ON = On-cycle infiltration heat loss, as defined in 
4.3.2 of this appendix
LI,OFF = Off-cycle infiltration heat loss, as defined in 
4.3.5 of this appendix
PF = Pilot fraction, as defined in 4.1.4 of this appendix
tOFF = average burner off-time per cycle, which is 20 
minutes
* * * * *
0
5. Appendix P to subpart B of part 430 is revised to read as follows:

Appendix P to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Pool Heaters

    Note: After [date 180 days after publication of the final rule 
in the Federal Register], any representations made with respect to 
the energy use or efficiency of pool heaters must be made in 
accordance with the results of testing pursuant to this appendix. 
After this date, if a manufacturer elects to make representations 
with regard to standby mode and off mode energy consumption, then 
testing must also include the provisions of this appendix related to 
standby mode and off mode energy consumption.

    Manufacturers conducting tests of gas-fired pool heaters after 
[date 30 days after publication of the final rule in the Federal 
Register] and prior to [date 180 days after publication of the final 
rule in the Federal Register], must conduct such test in accordance 
with either this appendix or appendix X as it appeared at 10 CFR 
Part 430, subpart B, appendix P, in the 10 CFR Parts 200 to 499 
edition revised as of January 1, 2013. Any representations made with 
respect to the energy use or efficiency of such gas-fired pool 
heaters must be in accordance with whichever version is selected. 
Given that after [date 180 days after publication of the final rule 
in the Federal Register] representations with respect to the energy 
use or efficiency of pool heaters must be made in accordance with 
tests conducted pursuant to this appendix, manufacturers may wish to 
begin using this test procedure as soon as possible.
    On or after the compliance date for any amended energy 
conservation standards that incorporate standby mode and off mode 
energy consumption, all representations must be based on testing 
performed in accordance with this appendix in its entirety.
    1. Definitions.
    1.1 Active mode means the condition during the pool heating 
season in which the pool heater is connected to the power source, 
and the main burner, electric resistance element, or heat pump is 
activated to heat pool water.
    1.2 Coefficient of Performance (COP), as applied to heat pump 
pool heaters, means the ratio of heat output in kW to the total 
power input in kW
    1.3 Electric heat pump pool heater means an appliance designed 
for heating nonpotable water employing a compressor, water-cooled 
condenser, and outdoor air coil.
    1.4 Electric resistance pool heater means an appliance designed 
for heating nonpotable water employing electric resistance heating 
elements.
    1.5 Fossil fuel-fired pool heater means an appliance designed 
for heating nonpotable water employing natural gas or oil burners.
    1.6 Hybrid pool heater means an appliance designed for heating 
nonpotable water employing both a heat pump (compressor, water-
cooled condenser, and outdoor air coil) and a fossil fueled burner 
as heating sources.
    1.7 Off mode means the condition during the pool non-heating 
season in which the pool heater is connected to the power source, 
and neither the main burner, nor the electric resistance elements, 
nor the heat pump is activated, and the seasonal off switch, if 
present, is in the ``off'' position.
    1.8 Seasonal off switch means a switch that effects a difference 
in off mode energy consumption as compared to standby mode energy 
consumption.
    1.9 Standby mode means the condition during the pool heating 
season in which the pool heater is connected to the power source, 
and neither the main burner, nor the electric resistance elements, 
nor the heat pump is activated.
    2. Test method.
    2.1 Active mode.
    2.1.1 Fossil fuel-fired pool heaters. The test method for 
testing fossil fuel-fired pool heaters in active mode is as 
specified in ANSI Z21.56 (incorporated by reference; see Sec.  
430.3).
    2.1.2 Electric resistance pool heaters. The test method for 
testing electric resistance pool heaters in active mode is as 
specified in ANSI/ASHRAE 146 (incorporated by reference; see Sec.  
430.3).
    2.1.3 Electric heat pump pool heaters. The test method for 
testing electric heat pump pool heaters in active mode is as 
specified in ANSI/AHRI 1160 (incorporated by reference; see Sec.  
430.3), which references ANSI/ASHRAE 146 (incorporated by reference; 
see Sec.  430.3).
    2.1.4 Hybrid pool heaters. [Reserved]
    2.2 Standby mode. The test method for testing the energy 
consumption of pool heaters in standby mode is as described in 
sections 3 through 5 of this appendix.
    2.3 Off mode.
    2.3.1 Pool heaters with a seasonal off switch. For pool heaters 
with a seasonal off switch, no off mode test is required.

[[Page 63428]]

    2.3.2 Pool heaters without a seasonal off switch. For pool 
heaters without a seasonal off switch, the test method for testing 
the energy consumption of the pool heater is as described in 
sections 3 through 5 of this appendix.
    3. Test conditions.
    3.1 Active mode.
    3.1.1 Fossil fuel-fired pool heaters. Establish the test 
conditions specified in section 2.10 of ANSI Z21.56 (incorporated by 
reference; see Sec.  430.3).
    3.1.2 Electric resistance pool heaters. Establish the test 
conditions specified in section 9.1.4 of ANSI/ASHRAE 146 
(incorporated by reference; see Sec.  430.3).
    3.1.3 Electric heat pump pool heaters. Establish the test 
conditions specified in section 5 of ANSI/AHRI 1160. The air 
temperature surrounding the unit shall be at the ``High Air 
Temperature--Mid Humidity (63% RH)'' level specified in section 6 of 
ANSI/AHRI 1160 (80.6 [deg]F [27.0 [deg]C] Dry-Bulb, 71.2 [deg]F 
[21.8 [deg]C]).
    3.1.4 Hybrid pool heaters. [Reserved]
    3.2 Standby mode and off mode. After completing the active mode 
tests described in section 3.1, reduce the thermostat setting to a 
low enough temperature to put the pool heater into standby mode. 
Reapply the energy sources and operate the pool heater in standby 
mode for 60 minutes.
    4. Measurements
    4.1 Active mode
    4.1.1 Fossil fuel-fired pool heaters. Measure the quantities 
delineated in section 2.10 of ANSI Z21.56 (incorporated by 
reference; see Sec.  430.3). The measurement of energy consumption 
for oil-fired pool heaters in Btu is to be carried out in 
appropriate units (e.g., gallons).
    4.1.2 Electric resistance pool heaters. Measure the quantities 
delineated in section 9.1.4 of ANSI/ASHRAE 146 (incorporated by 
reference; see Sec.  430.3) during and at the end of the 30-minute 
period when water is flowing through the pool heater.
    4.1.3 Electric heat pump pool heaters. Measure the quantities 
delineated in section 9.1.1 and Table 2 of ANSI/ASHRAE 146 
(incorporated by reference; see Sec.  430.3). The elapsed time, 
tHP, from the start of electric power metering to the end 
shall be recorded, in minutes.
    4.1.4 Hybrid pool heaters. [Reserved]
    4.2 Standby mode. For all pool heaters, record the average 
electric power consumption during the standby mode test, 
PW,SB, in W, in accordance with section 5 of IEC 62301 
(Second Edition) (incorporated by reference; see Sec.  430.3). For 
fossil fuel-fired pool heaters, record the fossil fuel energy 
consumption during the standby test, Qp, in Btu. (Milli-
volt electrical consumption need not be considered in units so 
equipped.) Ambient temperature and voltage specifications in section 
4.1 of this appendix shall apply to this standby mode testing. 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.
    4.3 Off mode.
    4.3.1 Pool heaters with a seasonal off switch. For pool heaters 
with a seasonal off switch, the average electric power consumption 
during the off mode, PW,OFF = 0, and the fossil fuel 
energy consumed during the off mode, Qoff = 0.
    4.3.2 Pool heaters without a seasonal off switch. For all pool 
heaters without a seasonal off switch, record the average electric 
power consumption during the standby/off mode test, 
PW,OFF (= PW,SB), in W, in accordance with 
section 5 of IEC 62301 (Second Edition) (incorporated by reference; 
see Sec.  430.3). For fossil fuel-fired pool heaters without a 
seasonal off switch, record the fossil fuel energy consumption 
during the off mode test, Qoff (= Qp), in Btu. 
(Milli-volt electrical consumption need not be considered in units 
so equipped.) Ambient temperature and voltage specifications in 
section 4.1 of this appendix shall apply to this off mode testing. 
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.
    5. Calculations.
    5.1 Thermal efficiency.
    5.1.1 Fossil fuel-fired pool heaters. Calculate the thermal 
efficiency, Et (expressed as a percent), as specified in 
section 2.10 of ANSI Z21.56 (incorporated by reference; see Sec.  
430.3). The expression of fuel consumption for oil-fired pool 
heaters shall be in Btu.
    5.1.2 Electric resistance pool heaters. Calculate the thermal 
efficiency, Et (expressed as a percent), as specified in 
section 11.1 of ANSI/ASHRAE 146 (incorporated by reference; see 
Sec.  430.3).
    5.1.3 Electric heat pump pool heaters. Calculate the COP 
according to section 11.1 of ANSI/ASHRAE 146. Calculate the thermal 
efficiency, Et (expressed as a percent): Et = 
100 * COP.
    5.1.4 Hybrid pool heaters. [Reserved]
    5.2 Average annual fossil fuel energy for pool heaters. For 
electric resistance and electric heat pump pool heaters, the average 
annual fuel energy for pool heaters, EF =0.
    For fossil fuel-fired pool heaters, the average annual fuel 
energy for pool heaters, EF, is defined as:

EF = BOH QIN + (POH--BOH)QPR + 
(8760--POH) Qoff,R
    where:

BOH = average number of burner operating hours = 104 h
POH = average number of pool operating hours = 4464 h
QIN = rated fuel energy input as defined according to 
section 2.10.1 or section 2.10.2 of ANSI Z21.56 (incorporated by 
reference; see Sec.  430.3), as appropriate. (For electric 
resistance and heat pump pool heaters, QIN = 0.)
QPR = average energy consumption rate of continuously 
operating pilot light, if employed, = (QP/1 h)
QP = energy consumption of continuously operating pilot 
light, if employed, as measured in section 4.2 of this appendix, in 
Btu
8760 = number of hours in one year
Qoff,R = average off mode fossil fuel energy consumption 
rate = Qoff/(1 h)
Qoff = off mode energy consumption as defined in section 
4.3 of this appendix

    5.3 Average annual electrical energy consumption for pool 
heaters. The average annual electrical energy consumption for pool 
heaters, EAE, is expressed in Btu and defined as:

(1) EAE = EAE,active + 
EAE,standby,off
(2) EAE,active = BOH * PE
(3) EAE,standby,off = (POH--BOH) PW,SB(Btu/h) 
+ (8760--POH) PW,OFF(Btu/h)

    where:
EAE,active = electrical consumption in the active mode
EAE,standby,off = auxiliary electrical consumption in the 
standby mode and off mode
PE = 2Ec, for fossil fuel-fired heaters tested according 
to section 2.10.1 of ANSI Z21.56 (incorporated by reference; see 
Sec.  430.3) and for electric resistance pool heaters, in Btu/h
= 3.412 PErated, for fossil fuel-fired heaters tested 
according to section 2.10.2 of ANSI Z21.56, in Btu/h
= Ec,HP * (60/tHP), for heat pump pool 
heaters, in Btu/h.
Ec = electrical consumption of the heater (converted to 
equivalent unit of Btu), including the electrical energy to the 
recirculating pump if used, during the 30-minute thermal efficiency 
test, as defined in section 2.10.1 of ANSI Z21.56 for fossil fuel-
fired pool heaters and section 9.1.4 of ANSI/ASHRAE 146 
(incorporated by reference; see Sec.  430.3) for electric resistance 
pool heaters, in Btu per 30 min.
2 = conversion factor to convert unit from per 30 min. to per h.
PErated = nameplate rating of auxiliary electrical 
equipment of heater, in Watts
Ec,HP = electrical consumption of the heat pump pool 
heater (converted to equivalent unit of Btu), including the 
electrical energy to the recirculating pump if used, during the 
thermal efficiency test, as defined in section 9.1 of ANSI/ASHRAE 
146, in Btu.
tHP = elapsed time of data recording during the thermal 
efficiency test on heat pump pool heater, as defined in section 9.1 
of ANSI/ASHRAE 146, in minutes.
BOH = as defined in 5.2 of this appendix
POH = as defined in 5.2 of this appendix
PW,SB (Btu/h) = electrical energy consumption rate during 
standby mode expressed in Btu/h = 3.412 PW,SB, Btu/h
PW,SB = as defined in 4.2 of this appendix
PW,OFF (Btu/h) = electrical energy consumption rate 
during off mode expressed in Btu/h = 3.412 PW,OFF, Btu/h
PW,OFF = as defined in 4.3 of this appendix

5.4 Integrated thermal efficiency.

5.4.1 Calculate the seasonal useful output of the pool heater as:

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

where:

BOH = as defined in 5.2 of this appendix
Et = thermal efficiency as defined in 5.1 of this 
appendix
QIN = as defined in 5.2 of this appendix
PE = as defined in 5.3 of this appendix
100 = conversion factor, from percent to fraction

[[Page 63429]]

5.4.2 Calculate the annual input to the pool heater as:

EIN = EF + EAE

where:
EF = as defined in 5.2 of this appendix
EAE = as defined in 5.3 of this appendix
5.4.3 Calculate the pool heater integrated thermal efficiency 
(TEI) (in percent).

TEI = 100(EOUT/EIN)

where:

EOUT = as defined in 5.4.1 of this appendix
EIN = as defined in 5.4.2 of this appendix
100 = conversion factor, from fraction to percent

[FR Doc. 2013-24352 Filed 10-23-13; 8:45 am]
BILLING CODE 6450-01-P