[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64621-64633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26369]
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Rules and Regulations
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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 /
Rules and Regulations
[[Page 64621]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-TP-0020]
RIN 1904-AB89
Energy Conservation Program for Consumer Products: Test
Procedures for Residential Furnaces and Boilers (Standby Mode and Off
Mode)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Energy (DOE) is amending its test
procedures for residential furnaces and boilers to include provisions
for measuring standby mode and off mode energy consumption, as required
by the Energy Independence and Security Act of 2007 (EISA 2007). These
test procedure amendments are primarily based on and incorporate by
reference provisions of the International Electrotechnical Commission
(IEC) Standard 62301, ``Household electrical appliances--Measurement of
standby power.'' This final rule adds new calculations to determine the
annual energy consumption associated with standby mode and off mode
measured power, and it modifies the existing energy consumption
equations to integrate standby mode and off mode energy consumption
into the calculation of overall annual energy consumption of these
products. This final rule also adopts a number of definitions for key
terms.
DATES: This rule is effective November 19, 2010. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register on November 19, 2010.
ADDRESSES: You may review copies of all materials related to this
rulemaking at the U.S. Department of Energy, Resource Room of the
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600,
Washington, DC (202) 586-2945, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda Edwards
at the above telephone number for additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Telephone: (202) 586-7892. E-mail:
[email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585.
Telephone: (202) 586-9507. E-mail: [email protected].
SUPPLEMENTARY INFORMATION: This final rule incorporates by reference
the following standard into part 430.
International Electrotechnical Commission (IEC) Standard
62301 (``IEC 62301''), Household electrical appliances--Measurement of
standby power (first edition, June 2005).
Copies of IEC Standard 62301 can be purchased from the American
National Standards Institute, 11 West 42nd Street, New York, New York
10036, (212) 642-4936, or http://webstore.iec.ch.
You can also view copies of this standards at the U.S. Department
of Energy, Resource Room of the Building Technologies Program, 950
L'Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586-2945,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
Table of Contents
I. Background and Authority
II. Summary of the Final Rule
III. Discussion
A. Possible Conflicts Between IEC Standard 62301 and Existing
Test Procedures
B. Alternate Test Procedure for Boilers
C. Additional Issues Raised by Energy Kinetics
D. Need for an Integrated Annual Fuel Utilization Efficiency
(AFUEI)
E. Other Comments Received on the Supplemental Notice of
Proposed Rulemaking
IV. Effect of Test Procedure Revisions on Compliance With Standards
V. Compliance With Other EPCA Requirements
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
VII. Approval of the Office of the Secretary
I. Background and Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291
et seq.; EPCA or the Act) sets forth a variety of provisions designed
to improve energy efficiency. Part A \1\ of Title III (42 U.S.C. 6291-
6309) establishes the ``Energy Conservation Program for Consumer
Products Other Than Automobiles,'' including residential furnaces and
boilers (all of which are referenced below as ``covered products'').\2\
(42 U.S.C. 6291(1)-(2) and 6292(a)(5))
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\1\ This part was originally titled Part B. It was redesignated
Part A in the United States Code for editorial reasons.
\2\ All references to EPCA refer to the statute as amended
through the Energy Independence and Security Act of 2007, Public Law
110-140.
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Under the Act, this program consists essentially of three parts:
(1) Testing; (2) labeling; and (3) establishing Federal energy
conservation standards. The testing requirements consist of test
procedures that manufacturers of covered products must use as the basis
for certifying to DOE that their products comply with applicable energy
conservation standards adopted under EPCA and for representing the
efficiency of those products. Similarly, DOE must use these test
procedures to determine whether the products comply with standards
adopted under EPCA. Under 42 U.S.C. 6293, EPCA sets forth criteria and
procedures for DOE's adoption and amendment of such test procedures.
EPCA provides that ``[a]ny test procedures prescribed or amended
[[Page 64622]]
under this section shall be reasonably designed to produce test results
which measure energy efficiency, energy use, * * * or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use, as determined by the Secretary [of Energy], and
shall not be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In
addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them,
with a comment period no less than 60 or more than 270 days. (42 U.S.C.
6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE
must determine ``to what extent, if any, the proposed test procedure
would alter the measured energy efficiency * * * of any covered product
as determined under the existing test procedure.'' (42 U.S.C.
6293(e)(1)) If DOE determines that the amended test procedure would
alter the measured efficiency of a covered product, DOE must amend the
applicable energy conservation standard accordingly. (42 U.S.C.
6293(e)(2))
On December 19, 2007, the Energy Independence and Security Act of
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007
amendments to EPCA, in relevant part, require DOE to amend the test
procedures for all covered products to include measures of standby mode
and off mode energy consumption. Specifically, section 310 of EISA 2007
provides definitions of ``active mode,'' ``standby mode,'' and ``off
mode'' (42 U.S.C. 6295(gg)(1)(A)); however, the statute permits DOE to
amend these definitions in the context of a given product (42 U.S.C.
6295(gg)(1)(B)). The legislation requires integration of such energy
consumption ``into the overall energy efficiency, energy consumption,
or other energy descriptor for each covered product, unless the
Secretary determines that--
(i) The current test procedures for a covered product already fully
account and incorporate the standby and off mode energy consumption of
the covered product; or
(ii) Such an integrated test procedure is technically infeasible
for a particular covered product, in which case the Secretary shall
prescribe a separate standby mode and off mode energy use test
procedure for the covered product, if technically feasible.'' (42
U.S.C. 6295(gg)(2)(A))
Under the statutory provisions introduced by EISA 2007, any such
amendment must consider the most current versions of International
Electrotechnical Commission (IEC) Standard 62301, Household electrical
appliances--Measurement of standby power, (First Edition 2005-06) and
IEC Standard 62087, Methods of measurement for the power consumption of
audio, video, and related equipment (Second Edition, 2008-09).\3\ Id.
For residential furnaces and boilers, the statute directed DOE to
prescribe any such amendment to the test procedures by September 30,
2009. (42 U.S.C. 6295(gg)(2)(B)(iv))
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\3\ IEC standards are available for purchase at: http://www.iec.ch.
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DOE's current test procedure for residential furnaces and boilers
is found at 10 CFR part 430, subpart B, appendix N, Uniform Test Method
for Measuring the Energy Consumption of Furnaces and Boilers. DOE
established its test procedures for furnaces and boilers in a final
rule published in the Federal Register on May 12, 1997. 62 FR 26140.
This procedure establishes a means for determining annual energy
efficiency and annual energy consumption of gas-fired, oil-fired, and
electric furnaces and boilers. It is important to note that gas-fired
and oil-fired furnaces and boilers consume both fossil fuel and
electricity. Electric furnaces and boilers only consume electricity. In
this test procedure, fossil-fuel energy consumption is accounted for
comprehensively over a full-year cycle, thereby satisfying EISA 2007
requirements for fossil-fuel standby mode and off mode energy
consumption. However, electrical energy consumption in standby mode and
off mode is not accounted for in the current test procedure.
Proposed amendments to include electrical energy consumption in
standby mode and off mode were published in the Federal Register in the
July 27, 2009, notice of proposed rulemaking (NOPR). 74 FR 36959. DOE's
proposal was presented and explained at a public meeting on August 18,
2009 at DOE headquarters in Washington, DC. DOE invited written
comments, data, and information on the NOPR and accepted such material
through October 13, 2009.
Subsequent to the NOPR, DOE issued a Supplemental Notice of
Proposed Rulemaking (SNOPR) for the purpose of adding an integrated
metric that incorporates standby mode and off mode energy consumption
into the statutorily-identified efficiency descriptor, Annual Fuel
Utilization Efficiency (AFUE). The SNOPR was published in the Federal
Register on April 5, 2010. 75 FR 17075. An extension of the comment
period was published in the Federal Register on April 14, 2010. 75 FR
19296. The comment period closed on April 27, 2010.
II. Summary of the Final Rule
In this final rule, DOE is amending the current test procedure for
furnaces and boilers in order to implement recent amendments to EPCA
pertaining to measurement of standby mode and off mode energy
consumption. As an initial matter, DOE has concluded that the existing
test procedures already fully account for and incorporate the standby
mode and off mode fossil-fuel energy consumption of gas-fired and oil-
fired furnaces and boilers. Accordingly, for the fossil-fuel aspect of
these units, no further action is required. (42 U.S.C.
6295(gg)(2)(A)(i)) However, to address electrical standby mode and off
mode energy use, today's amendments incorporate by reference into the
DOE test procedures, the International Electrotechnical Commission's
(IEC) Standard 62301, Household electrical appliances--Measurement of
standby power (First Edition 2005-06), as well as language to clarify
application of this standard for measuring standby mode and off mode
power consumption for furnaces and boilers.\4\
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\4\ EISA 2007 directs DOE to also consider IEC Standard 62087
when amending its test procedures to include standby mode and off
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC
Standard 62087 addresses the methods of measuring the power
consumption of audio, video, and related equipment. However, IEC
Standard 62087 does not include measurement of the power consumption
of appliances such as furnaces and boilers. Therefore, DOE has
determined that IEC Standard 62087 is not applicable to this
rulemaking.
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In addition, the amendments add new calculations to determine
annual energy consumption associated with electrical standby mode and
off mode measured power. The amendments modify existing energy
consumption equations to integrate electrical standby mode and off mode
energy consumption into the calculation of overall annual energy
consumption of these products. Finally, the final rule also adopts
definitions for a number of key terms.
Since the time of the NOPR and public hearing, DOE proposed that
one additional test procedure change is needed to carry out the
purposes of EISA 2007. Specifically, it was thought necessary to add an
integrated metric that incorporates standby mode and off mode energy
consumption into the statutorily-identified efficiency descriptor,
AFUE. For the reasons discussed below, after considering public
comments, DOE has determined that the proposed test procedure change
[[Page 64623]]
for an integrated metric is not technically feasible.
Today's amendments are essentially as proposed in the July 27, 2009
NOPR. 74 FR 36959. DOE has provided further clarification in this final
rule on how to implement the IEC Standard 62301 standard, as a result
of public comments. These comments and clarifications are discussed
fully below.
As provided by EPCA, amendments to the test procedure to measure
standby mode and off mode energy consumption shall not be used to
determine compliance with previously established standards. (42 U.S.C.
6295(gg)(2)(C)) Furthermore, EPCA requires DOE to determine whether a
proposed test procedure amendment would alter the measured efficiency
of a product, and require adjustment of the existing standards. (42
U.S.C. 6293(e)) However, the inclusion of standby mode and off mode
test methods in this final rule will not affect a manufacturer's
ability to demonstrate compliance with the current energy conservation
standards for residential furnaces and boilers. The new test procedure
provisions clearly state that the standby mode and off mode test need
not be performed to determine compliance with the current energy
conservation standards for furnaces and boilers, because the standards
do not comprehensively account for all standby mode and off mode energy
consumption.
Today's final rule, which include provisions for measuring standby
mode and off mode, will become effective in terms of adoption into the
Code of Federal Regulations (CFR), 30 days after the date of
publication in the Federal Register. Manufacturers will be required to
use this test procedure's standby mode provisions to demonstrate
compliance with any future energy conservation standards for
residential furnaces and boilers as of the compliance date of a final
rule establishing amended energy conservation standards for furnaces
and boilers that fully address standby mode and off mode energy
consumption. The introductory note to 10 CFR part 430, subpart B,
appendix N reads as follows: ``The procedures and calculations that
refer to standby mode and off mode energy consumption, (i.e., sections
8.6 and 10.9 of this appendix N) need not be performed to determine
compliance with energy conservation standards for furnaces and boilers
at this time. However, any representation related to standby mode and
off mode energy consumption of these products made after April 18, 2011
must be based upon results generated under this test procedure,
consistent with the requirements of 42 U.S.C. 6293(c)(2). After July 1,
2010, any adopted energy conservation standard shall address standby
mode and off mode energy consumption, and upon the compliance date for
such standards, compliance with the applicable provisions of this test
procedure will also be required.'' The quoted language will be removed
in the rulemaking to amend the energy conservation standards for
residential furnaces and boilers which must also address standby mode
and off mode energy consumption. A statement has also been added to the
introductory note to clarify that any representations pertaining to
standby mode and off mode energy consumption that are made after a date
180 days after publication of the test procedure final rule in the
Federal Register must be based upon testing under the relevant
provisions of this test procedure. Although this is a statutory
requirement under 42 U.S.C. 6293(c), DOE has concluded that it would be
useful to explicitly state this requirement in DOE's regulations.
III. Discussion
In the July 27, 2009 NOPR and at the subsequent August 18, 2009
public meeting, DOE sought input from interested parties on the
proposed amendments to the DOE test procedure for furnaces and boilers
to address standby mode and off mode energy use. Three written comments
were received from the Air-Conditioning, Heating and Refrigeration
Institute (AHRI), the People's Republic of China (China), and Energy
Kinetics, Inc. Two comments were generally supportive of the proposed
amendments but asked for clarification and specific modifications on
how to implement the IEC Standard 62301 in light of some possible
conflicts with the existing test procedure's specifications. (AHRI, No.
08 at pp. 1-2; China, No. 09 at p. 3.) A third comment asked for
consideration of a completely new test procedure for boilers (Energy
Kinetics, No. 3 at pp. 1-3). This third comment is not directly related
to the purpose of these amendments that are the basis for this test
procedure rulemaking to address measurement of standby mode and off
mode energy consumption, but it is discussed separately below.
In general, DOE has retained the approach to measurement of standby
mode and off mode presented in the July 2009 NOPR with certain
modifications based upon public comment input, so for further details,
please consult that document. 74 FR 36959 (July 27, 2009). DOE notes
that numerous comments were received on the supplemental proposal of an
integrated AFUE (AFUEI), the overwhelming majority of which
opposed adoption of the proposed integrated metric. These comments and
the overall discussion of the regulating metric for this product are
discussed below. However, to summarize here, based upon a careful
examination of these public comments, DOE has concluded that an
integrated metric (AFUEI) is not technically feasible,
because the standby mode and off mode energy usage, when measured, is
essentially lost in practical terms due to the fact that manufacturers'
ratings of AFUE are presented to the nearest whole number.
Consequently, DOE has decided to withdraw its AFUEI
proposal.
A. Possible Conflicts Between IEC Standard 62301 and Existing Test
Procedures
The AHRI comments recommended that the existing test procedure's
provisions \5\ should be used whenever there is a possible conflict
with IEC Standard 62301. Specifically, AHRI suggested that because the
additional proposed measurements will be taken in the course of the
overall conduct of the existing test procedure, ambient temperature,
test voltage and frequency, and instrument accuracy should be the same
as is currently specified in the furnace and boiler test procedure.
(AHRI, No. 3 at p. 1) The comment from China pointed out the same
possible conflicts but only asked for clarification. (China, No. 09 at
p. 3)
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\5\ The existing provisions are found at Title 10 part 430,
subpart B, appendix N, which incorporates by reference sections of
the American National Standards Institute (ANSI)/American Society of
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
Standard 103--1993, ``Method of Testing for Annual Fuel Utilization
Efficiency of Residential Central Furnaces and Boilers.''
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DOE has further analyzed the various provisions of both the
existing test procedure and IEC Standard 62301 and has concluded that
some of the provisions of IEC Standard 62301 could represent either a
conflict or unnecessary burden. Accordingly, DOE believes some
additional clarification is necessary in this final rule. The following
discussion outlines, parameter by parameter, where the existing
procedures are to apply and where the IEC procedures are to apply.
On the matter of ambient temperature, DOE agrees with AHRI that the
existing test procedure specification should be used. Ambient
temperature is an important measurement within the existing test
procedure and has bearing
[[Page 64624]]
on the overall efficiency determination of the appliance. Considerable
effort is required to maintain a reasonably uniform ambient temperature
in the testing facility during actual testing of furnaces and boilers.
This is because there is considerable heat being produced by the
operation of the appliance during testing. The existing provisions
require a determination of average ambient temperature by taking
multiple measurements at various locations around the appliance; the
air for combustion and draft relief must not differ by more that 5
[deg]F from the average ambient temperature, and the average ambient
temperature must remain in a specified range during all tests (section
8.5, Room Ambient Temperature, of the ASHRAE 103--1993). In contrast,
IEC Standard 62301 only specifies an ambient temperature requirement of
(23 +/- 5) [deg]C (section 4.2, Test room, of IEC Standard 62301). DOE
believes this limited specification in IEC Standard 62301 is indicative
that ambient temperature is not likely to have a significant effect on
the measurement of standby mode and off mode wattage, provided that a
reasonable range of temperature is maintained. Since an ambient
temperature within a reasonable range is all that is required under IEC
Standard 62301, and given that an increased testing burden may result
from adoption of the slightly different IEC Standard 62301 ambient
temperature provision, DOE has concluded that the existing, more
detailed specification of ambient temperature is appropriate for the
standby mode and off mode wattage measurements. In this final rule, DOE
is explicitly clarifying the ambient temperature requirement in its
regulations at 10 CFR part 430, subpart B, appendix N, sections 8.6.1
and 8.6.2.
On the matter of voltage and frequency, section 4.3, Power supply,
of IEC Standard 62301 states that ``where the IEC standard is
referenced by an external standard or regulation that specifies a test
voltage and frequency, the test voltage and frequency so defined shall
be used for all tests.'' The DOE test procedures for residential
furnaces and boilers would be considered such an external standard,
except that the DOE test procedure only specifies voltage and not
frequency. Accordingly, it is not clear that this deference to the
existing test procedures should automatically apply.
IEC Standard 62301 specifies the test voltage and frequency of the
country for which the measurement is being determined (e.g., 115V, 60Hz
for North America). IEC Standard 62301 specifies that the tested
voltage and frequency should be within 1 percent of these values. As
noted above, in the existing test procedure, there is no specification
of frequency, but throughout the United States, 60 Hz is the frequency
of the distributed electrical power. Therefore, there is no possible
conflict regarding frequency, so DOE has determined that the 60Hz
specification should apply. The voltage specification in the existing
test procedure is expressed as ``within 1% of nameplate voltage.''
Typically, nameplate voltage would be either 115V or 120V. Therefore,
the difference in testing voltage possible is either non-existent or
very small, especially considering the same specified tolerance. In
view of this small possible difference in the voltage specification and
the general deference given to external standards, DOE has clarified in
this final rule that the existing test procedure's specification for
voltage shall apply to the standby mode and off mode measurements. In
this final rule, DOE is explicitly clarifying the frequency and voltage
requirements in its regulations at 10 CFR part 430, subpart B, appendix
N, sections 8.6.1 and 8.6.2.
On the issue of measurement accuracy, DOE continues to believe, as
stated in the NOPR, that the relevant IEC Standard 62301 provisions are
reasonable and appropriate for the low wattage levels expected for
furnaces and boilers in standby mode and off mode and should not pose a
significant burden to the furnace and boiler industry or the associated
testing industry. 74 FR 36959, 36966 (July 27, 2009). It is noted that
these measurement accuracy provisions discussed here only apply to the
new measurement requirements for standby mode and off mode added by
this final rule. This final rule does not affect the existing test
procedures' accuracy provision which applies for the active mode
measurements. AHRI in its comment recommended that the existing test
procedure provisions on measurement accuracy should be used for all
electrical measurements including the newly proposed measurements. The
accuracy provision in the existing test procedure states ``the error
shall be no greater than 1%'' (section 6.10, Energy Flow Rate, of
ASHRAE Standard 103--1993). In contrast, IEC Standard 62301's accuracy
provision states ``measurements * * * shall be made with an uncertainty
of less than or equal to 2% at the 95% confidence level'' (section 4.5,
Power measurement accuracy, of IEC Standard 62301). In addition,
section 5 of IEC Standard 62301 outlines measurement procedures that
clarify how stability is to be addressed in the testing (section 5,
Measurements, of IEC Standard 62301). AHRI stated that the ``95%
confidence'' provision implies repeated measurements and is not
consistent with any other measurements taken in the course of
conducting testing under the residential furnace and boiler test
procedure. (AHRI, No. 3 at p. 1). In follow-up comments, AHRI provided
detailed recommendations that maintain the instrument accuracy
specification of the existing test procedure (i.e., no greater than 1-
percent error). Also included in the AHRI detailed recommendations is
an added stability measurement procedure that involves multiple
measurements similar to what is outlined in section 5 of the IEC
Standard 62301 procedures (AHRI, No. 11 at pp. 3-4). AHRI did not
provide any data as to the potential for increased cost, time, or other
burden that might result from adopting the IEC accuracy provisions in
total.
In response, DOE believes the IEC accuracy provisions, including
the ``95% confidence'' format, are consistent with how instrument and
measurement accuracy are specified in the present day, whereas the
existing test procedure provision format is consistent with how
instrument and measurement accuracy were specified at the time the test
procedures were first developed. In addition, in this case, DOE does
not believe the IEC provision is more stringent or burdensome than the
existing provision. Taken together, DOE does not view the AHRI comments
as providing a reason to depart from the IEC measurement accuracy
provision. DOE had decided to retain its proposed approach to
measurement accuracy, because the IEC accuracy provision is consistent
with how present day instrument and measurement procedures are
specified, should not represent a significant increase in testing
burden, and will provide the additional benefit of measurement
consistency across DOE product types. This latter point is of interest
to DOE in the context of energy conservation standards where the
analysis and consideration of regulating standby mode and off mode
energy consumption would be served by a consistent measurement basis
across product types.
In summary, DOE has revisited the IEC Standard 62301 provisions in
order to address the comments received and has, for the reasons stated
above, decided to require existing test procedure specifications to
govern ambient temperature and voltage during the standby mode and off
mode tests.
[[Page 64625]]
However, also for reasons stated above, DOE is requiring use of IEC
Standard 62301 as the governing standard for standby mode and off mode
instrument and measurement accuracy.
B. Alternate Test Procedure for Boilers
The comments from Energy Kinetics presented what it believes to be
a myriad of shortcomings of the existing DOE test procedures as applied
to boilers. The dominant point made in the comment is to suggest that
an input/output method of test, in lieu of the current test procedure's
flue loss method of test, would be more appropriate for boilers.\6\
However, the commenter did not recommend any specific alternate test
method. (Energy Kinetics, No. 3 pp. 1-3, specifically points 1.0, 2.0,
4.0, and 6.0) Although generally outside the scope of the present
rulemaking to address standby mode and off mode energy use, DOE is
aware of the developments and possible advantages of input/output
methods and is appreciative of the efforts made by the commenter in
presenting these issues from their perspective. Conceptually, DOE sees
merit in a number of points made in the comments. Specifically, DOE
believes any time a more complete or more comprehensive analysis is
suggested, its potential for use in a test procedure should be given
serious consideration. However, it is DOE's view at this time that the
input/output methodology has not progressed to the point that it can be
considered for addition or substitution directly into DOE regulations.
Specifically, DOE is not aware of an agreed upon representative average
use simulation or model, utilizing input/output method of test, which
might meet the statutory requirements for a DOE test procedure. The
statute requires that ``any test procedure prescribed or amended * * *
shall be reasonably designed to produce test results which measure
energy efficiency * * * of a covered product during a representative
average use cycle or period of use * * * and shall not be unduly
burdensome to conduct.'' (42 U.S.C. 6293(b)(3) (emphasis added)) The
commenter has not offered such a procedure for consideration.
Nonetheless, DOE acknowledges that this is an important issue, and,
accordingly, DOE will monitor the efforts of ASHRAE and others in
developing improved testing methods.
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\6\ Flue loss method of test involves measurement of the actual
energy loss occurring in the exiting flue passage. Annual efficiency
is determined as 100 percent minus the on-period and off-period flue
losses and other appropriate losses (e.g., jacket losses for outdoor
units and air infiltration losses for indoor units). Input/output
method of test involves direct measurement of the useful output of
the unit. For hot water boilers this output would be the heat
content of the circulating water. Under the input/output method of
test, annual efficiency would be inferred by some combination of
laboratory simulation or mathematical modeling utilizing these heat
measurements.
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C. Additional Issues Raised by Energy Kinetics
Within the overall suggestion to consider a different test
procedure for boilers, the Energy Kinetics comments raised issues
regarding the existing DOE boiler test procedure that are not
necessarily related to the test methodology issue discussed above.
Although these issues may have some relevance to the test methodology
issue, they are independent enough to merit separate discussion.
First, Energy Kinetics suggested in its comments that the treatment
of jacket losses in the existing test procedure is inappropriate for
boilers. (Energy Kinetics, No. 03 pp. 1-3, specifically points 4.4,
4.5, 5.0, and 5.1). Key to this interpretation is the commenter's
belief that the heat energy from the boiler jacket should not be
credited as useful heat to the home. This belief would be true for
boilers installed outdoors but not true for boiler installed indoors.
For uniformity purposes, the existing test procedure minimizes the
number of ratings to just two; indoor ratings for boilers that are not
weatherized and outdoor ratings for boilers that are weatherized. (10
CFR part 430, subpart B, appendix N, section 10.1) Indoor ratings
(i.e., non-weatherized) assume all jacket heat is useful heat, and
outdoor ratings (i.e., weatherized) assume all jacket heat is an energy
loss. These existing provisions provide a uniform basis of comparison
for indoor installed boilers that is reasonably representative without
requiring a separate test to determine and added calculations to deduct
(or partially deduct) jacket loss. Also, these existing provisions
provide a uniform basis of comparison for outdoor installed boilers
where a full jacket loss deduction is appropriate. It is interesting to
note, a full deduction of jacket loss for indoor boilers, although
inappropriate, would easily be accommodated in an input/output test
methodology since, in that methodology, only the heat content of the
circulating water is credited as useful heat. In effect, this limit on
only crediting circulating water heat results in a full deduction of
any jacket loss. This fact supports the commenter's preference for a
full jacket loss deduction for all boilers.
In consideration of all of the above, DOE believes the points
Energy Kinetics raised are outside of the scope of this rulemaking and
does not see the need to delay this final rule for the purposes of
reconsidering the existing provisions on jacket loss. DOE believes that
a better path would be to consider this issue as part of a more
comprehensive future rulemaking to consider updates to the residential
furnaces and boilers test procedure.
The Energy Kinetics comment also identified two areas where it
believes the test procedures should be expanded: (1) Use of advanced
controls, and (2) the combination of water heating and space
conditioning functions. (Energy Kinetics, No. 03 pp. 1-3, specifically
points 2.0, 4.6, and 5.2) These are issues of which DOE is aware and
which are currently under study within the test procedure support
community. As with the jacket loss issue, DOE believes this issue is
out of scope and does not see the need to delay this final rule for the
purposes of addressing these complicated issues at this time. Again,
DOE believes that a better path would be to consider these issues as
part of a more comprehensive future rulemaking to consider updates to
the residential furnace and boilers test procedure.
Finally, Energy Kinetics stated that a separate metric should be
developed to provide information on the relative difference in energy
efficiency across different distribution systems (e.g. ducted
distribution systems vs. hydronic systems). (Energy Kinetics, No. 03 p.
2, specifically points 7.0, 7.1, and 7.2.) In response, DOE notes that
the test procedure's focus is the testing and differentiation of energy
performance of the manufactured product. Annual energy consumption
estimates reflect a uniform application of representative values that
result in an energy or monetary value of a given manufactured product's
performance, all for the purposes of comparison. One could argue that
the test procedure's annual energy consumption estimates are inaccurate
because of this lack of distribution efficiency consideration. However,
one could also argue that the test procedure provides for a means to
uniformly test and compare all boilers regardless of effects of actual
distribution systems. In any event, the issue is outside of the scope
of this rulemaking and will not be considered further or resolved here.
Once again, DOE believes that a better path would be to consider this
issue as part of a more comprehensive future rulemaking to consider
updates to the residential furnaces and boilers test procedure.
[[Page 64626]]
D. Need for an Integrated Annual Fuel Utilization Efficiency (AFUEI)
Subsequent to publication of the July 2009 NOPR and the related
public hearing, DOE proposed one additional test procedure change that
it tentatively determined is needed to carry out the purposes of EISA
2007. Specifically, DOE proposed to add an integrated metric that
incorporates standby mode and off mode energy consumption into the
statutorily-identified efficiency descriptor, AFUE. Key to DOE's
tentative determination is the specification of AFUE as the required
energy efficiency descriptor for furnaces in the statute. (42 U.S.C.
6291(22)). EISA 2007 requires, if technically feasible, integration of
standby mode and off mode energy consumption into the overall energy
efficiency, energy consumption, or other energy descriptor. (42 U.S.C.
6295(gg)(2)(A)) The July 2009 NOPR proposed accomplishing this
integration by incorporating standby mode and off mode energy
consumption into the energy consumption equations and other energy
descriptors. It was thought at the time of the proposal that this
extent of integration was sufficient to satisfy the requirements of
EISA 2007. However, because of the specific identification of AFUE as
the efficiency descriptor for furnaces in the statute, DOE interpreted
EISA 2007 as requiring, if technically feasible, an integrated AFUE
that reflects standby mode and off mode energy consumption for both
fossil fuel and electricity. DOE reasoned that this approach would also
allow for a smooth transition to the EISA 2007 requirement that all
energy conservation standards adopted after July 1, 2010 must account
for standby mode and off mode energy consumption. (42 U.S.C.
6295(gg)(3)(A))
As noted above, this matter was the subject of an SNOPR published
in the Federal Register on April 5, 2010. 75 FR 17075.
Numerous comments opposed both the need for AFUEI and
the possibility of regulating by AFUEI. In sum, these
comments suggested that DOE has misinterpreted the statute in terms of
requiring the integration of standby mode and off mode energy
consumption into the AFUE metric and further that regulating by
AFUEI would be counter to the intent of EISA 2007, so the
separate standard form of regulation, as contemplated by EISA 2007,
should be pursued instead. Commenters overwhelmingly opposed DOE's
proposed integrated AFUEI metric, as presented in the SNOPR.
On the first point, Lennox, AHRI, and American Council for an
Energy-Efficient Economy (ACEEE) all asserted that in their reading of
the EISA 2007 statute, the requirement to integrate standby mode and
off mode energy consumption into the AFUE metric is not mandated.
(Lennox, No. 20 at p. 3; AHRI, No. 08 at p. 2; ACEEE, No. 18 at p. 3)
These commenters believe DOE is given latitude in the statute to
integrate if it chooses and that there is no mandate that DOE must
integrate the standby and off mode consumption into the AFUE
descriptor. Other commenters pointed out the mathematical
inconsistencies associated with adding consumption values within an
efficiency descriptor. (Carrier No. 17 at p. 3; AHRI, No. 16 at p. 2)
In support of this inconsistency argument, ACEEE stated that the
proposed approach for AFUEI is counter to DOE's own position
taken in its test procedure final rule for fluorescent lamp ballasts.
74 FR 54445 (Oct. 22, 2009). In the technical support document (TSD)
for that rulemaking, DOE stated, ``Because BEF [ballast efficiency
factor] is a measure of efficiency and standby mode power is a measure
of energy consumption, DOE does not believe it is feasible to
incorporate a measure of standby mode energy use into the BEF metric.''
(ACEEE, No. 18 at p. 2) In contrast, comments from the American Gas
Association (AGA) and the American Public Gas Association (APGA) were
supportive of the integrating concept. However, while these entities
support the proposal for AFUEI, they argued that the
included conversion factor transposing the point-of-use electrical
energy into an expression of Btu provides only a partial picture of the
total energy use of these products. AGA and APGA stated that it would
be more appropriate to convert measured site energy to source energy to
capture transmission losses. Accordingly, AGA and APGA recommended that
the proposed integrated metric should be adjusted for a full-fuel-cycle
measure of energy consumption and encouraged further integration of
electricity consumption utilizing the full fuel cycle into the
regulatory process. (AGA, No. 19, at pp. 1-3; APGA, No. 23 at pp. 1-2)
Further objection to AFUEI was expressed in the comments
if in fact DOE uses AFUEI as the basis of regulation.
Specifically, it was argued that because of the relatively small
magnitude of the standby mode and off mode loss, the results for
AFUEI are not materially different enough from the existing
test procedure's AFUE to allow for effective differentiation and
regulation, and, therefore, integration is not feasible. (ACEEE, No. 18
at p. 4) Earthjustice asserted that the rounding allowed in the test
procedure and the associated sampling provisions would ``swallow'' the
effect of standby mode and off mode. (Earthjustice, No. 21 at pp. 3-4)
Trane further argued that the integrated AFUE would have the perverse
effect of making larger-capacity furnaces inappropriately appear to be
slightly more efficient than smaller furnaces. This is because the
magnitude of standby mode and off mode energy consumption could be the
same across a given manufacturer's models of different capacities. The
result, in that case, is a smaller adjustment in terms of efficiency
percentage for larger furnaces, even though the potential energy
savings by reducing standby mode and off mode energy consumption is the
same. (Trane, No. 14 at p. 3)
Key to the opposition to AFUEI as the regulating metric
is the distinction made in the statute as to ``technically feasible''
with regard to test procedure integration, and ``feasible'' with regard
to a single new or amended standard. (42 U.S.C. 6295(gg)(2)(A) and (3))
Specifically, objecting comments maintain that the AFUEI
provides an ineffective basis for regulation, and, therefore, it makes
it infeasible to carryout the intent of EISA 2007. These commenters
reasoned that a separate metric such as that provided in the original
NOPR, specifically ESO or the measured wattage, would be a
feasible basis of regulation.
In consideration of the above, DOE reexamined the applicable
provisions of EPCA regarding standby mode and off mode energy
consumption. Specifically, EPCA requires that the test procedures for
all covered products be amended to include standby mode and off mode
energy consumption by integrating such energy consumption into the
overall energy efficiency, energy consumption, or other energy
descriptor for each covered product, unless the Secretary determines
that: (1) The current test procedures for a covered product already
fully account for and incorporate the standby mode and off mode energy
consumption of the covered product; or (2) such an integrated test
procedure is technically infeasible for a particular covered product,
in which case, the Secretary shall prescribe a separate standby mode
and off mode energy use test procedure for that covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A))
To examine the commenters' claim that an integrated AFUE metric
(AFUEI) is infeasible, DOE further investigated
[[Page 64627]]
the magnitude of the standby mode and off mode electrical use for
residential furnaces. DOE conducted testing of various commercially-
available residential furnaces that span a range of efficiencies, input
capacities, and manufacturers, and found that the standby mode and off
mode electrical rate of consumption ranges from 2 to 10 watts,
depending on the residential furnace's features. A typical residential
furnace uses approximately 7 watts of electrical standby mode and off
mode power. Some common components contributing to the electrical
standby mode and off mode energy consumption include the interruptible
igniter, the control board for the furnace, and any additional controls
used in the furnace blower-motor assembly. When the hours that the
furnace spends in standby mode and off mode are considered, standby
mode and off mode power consumption of 7 watts results in a total of
approximately 55 kilowatt hours of electrical use annually per furnace.
The total annual fossil fuel energy use for a typical furnace with an
input capacity of 80,000 Btu/h is at least 400 times greater than the
electrical standby mode and off mode energy consumption, depending on
the operating conditions of the furnace. Thus, when the electrical
consumption in standby mode and off mode is added to the fossil fuel
energy consumption in all modes of operation in the AFUEI
equation, as proposed in the SNOPR, the standby mode and off mode
electrical consumption would have an insignificant impact on the value
of AFUEI. Using the approximations described above, the
standby mode and off mode electrical consumption would be 1/400th or
0.25 percent of the fossil fuel energy consumption. Currently, the
Federal energy conservation standards and manufacturers' ratings of
AFUE are presented to the nearest whole number. Consequently, given
rounding conventions, standby mode and off mode would be likely to
effect a change in the standard level for furnaces and boilers in only
rare cases, if an integrated AFUE metric were adopted.
After considering the comments on the SNOPR, DOE has determined
that it is technically infeasible to integrate the standby mode and off
mode energy use with active mode energy use for furnaces because the
standby mode and off mode energy usage, when measured, is essentially
lost in practical terms due to the fact that manufacturers' ratings of
AFUE are presented to the nearest whole number.
In light of the comments and DOE's re-examination explained above,
DOE is abandoning its supplemental proposal to integrate the standby
mode and off mode electrical energy consumption into the AFUE
descriptor for residential furnaces. Instead, DOE is adopting
amendments to the residential furnaces and boilers test procedure to
separately measure the electrical power consumption of those products
in standby mode and off mode (i.e., PSB and POFF)
as specified in its original NOPR. 74 FR 36959, 36970-71 (July 27,
2009). In addition, DOE is adopting the calculations as specified in
its original NOPR, which allow the electrical power consumption to be
translated into an annualized energy consumption value based on the
hours the furnace spends operating in standby mode and off mode (i.e.,
ESO). Id. This approach would allow for the measurement of
standby mode and off mode electrical consumption of different furnace
and boiler products. Although the magnitude of energy savings may be
small for a given unit, it could be substantial when aggregated across
the full range of covered products over the 30-year analysis period.
DOE plans to further address the standby mode and off mode electrical
consumption of residential furnaces through the use of one of these
separate energy descriptors in the current standards rulemaking. For
additional information, see http://www1.eere.energy.gov/buildings/appliance_standards/residential/furnaces_boilers.html.
E. Other Comments Received on the Supplemental Notice of Proposed
Rulemaking
Comments were received in response to the SNOPR that were not
related to the subject of the SNOPR but rather were related to aspects
of the original NOPR. Although these comments are outside of the
narrowed focus of the SNOPR, DOE did not want to unnecessarily limit
the opportunity for public comment and is addressing these comments
here. These additional comments objected to the integration and
accounting of standby mode and off mode energy consumption as presented
in the July 2009 NOPR. Specifically, Carrier, Rheem, and AHRI argued
that the annual accounting of electricity energy consumption, as
expressed in the test procedure's descriptor EAE, should not
include the addition of standby mode and off mode energy consumption,
because EAE without such addition is currently being used by
the industry, and to change this value now would unnecessarily burden
manufacturers. (Carrier, No. 17 at p. 3: Rheem, No. 15 at pp. 8-9:
AHRI, No. 16 at pp. 4-5) The EAE descriptor is the annual
electrical energy consumption of furnaces and boilers. This annual
consumption descriptor has always been a part of the test procedures
for furnaces and boilers, and it is used to obtain a representative
annual operating cost for furnaces and boilers. For fossil-fueled
furnaces and boilers, the annual operating cost is the sum of the
annual electrical operating cost plus the annual fossil fuel cost. The
July 2009 NOPR proposed to modify this descriptor by adding the
additional electrical consumption represented by the newly-added
standby mode and off mode energy consumption. No comments were received
objecting to this addition to EAE at the time of the
original NOPR. However, in response to the SNOPR, these commenters now
report that EAE without the addition of standby mode and off
mode energy consumption is being used currently to identify
electrically efficient furnaces and also to identify efficient furnace
fans for the purposes of tax credits. Adding standby mode and off mode
energy consumption to the EAE term is problematic because it
would change the meaning of the existing rebate and tax credit
criterion based on EAE. In response, DOE does not see the
need to withdraw the proposed modification of EAE for the
convenience of current programs using the unmodified EAE
descriptor. Rather, DOE believes that the modified descriptor is both
consistent with the directives in EISA 2007 and also provides a more
complete basis for product comparison. Accordingly, DOE is adopting the
proposed modification to EAE as part of this final rule.
A second objection was received regarding the proposed
ESO descriptor. ESO is the annual sum of standby
mode and off mode electrical energy consumption. Trane and Rheem
objected to the accounting or hourly assignments proposed for the
ESO descriptor, because such accounting is inaccurate in
their view. In the proposed amendments, electric standby mode is
defined as the off period during the heating season, and off mode is
defined as the entire non-heating season. These definitions allow for
the use of the hourly assignments already in the test procedures. Taken
together, these proposed assignments would provide a full year's
accounting of the energy consumption. Trane argued that there is some
overstatement of ESO because some of the off period for one
of the electrical components (i.e., circulating fan) is actually in
active mode because of the possible active cooling load hours utilizing
this same fan. Rheem argued the opposite point, because in Rheem's
view, the proposed
[[Page 64628]]
ESO assignments understate the actual standby mode energy
consumption; Rheem reasoned that some electronic losses are constant,
and an annual consumption approximation of the wattage times a full
year of 8760 hours would be more appropriate. As one can see, there is
no perfect resolution to this accounting problem. Accordingly, DOE
finds the proposed accounting in the NOPR to be reasonably accurate and
appropriate for the integration necessary to implement the relevant
provisions of EISA 2007. Accordingly, DOE has decided to retain the
accounting methodology associated with ESO for this final
rule.
IV. Effect of Test Procedure Revisions on Compliance With Standards
In amending a test procedure, section 323(e) of EPCA directs DOE to
determine to what extent, if any, the test procedure would alter the
measured energy efficiency of the covered product. If the amended test
procedure alters the measured efficiency, the Secretary must amend the
applicable energy conservation standard to the extent the amended test
procedure changes the energy efficiency of products that minimally
comply with the existing standard. (42 U.S.C. 6293(e)) The current
energy conservation standard for furnaces and boilers is based on a
metric, AFUE, which is not effected by the inclusion of electrical
standby mode and off mode energy consumption. As explained below, this
final rule has no effect on the current energy conservation standard.
As provided by EPCA, amendments to the test procedures to include
standby mode and off mode energy consumption shall not be used to
determine compliance with previously established standards. (42 U.S.C.
6295(gg)(2)(C)) The inclusion of a standby mode and off mode test
method in this final rule will not affect a manufacturer's ability to
demonstrate compliance with the existing energy conservation standards
for residential furnaces and boilers. The standby mode and off mode
tests need not be performed to determine compliance with the current
energy conservation standards for furnaces and boilers because the
current standards do not comprehensively account for electrical standby
mode and off mode energy consumption.
Today's final rule, which includes provisions for measuring standby
mode and off mode energy consumption, will become effective, in terms
of adoption into the Code of Federal Regulations (CFR), 30 days after
the date of publication in the Federal Register. Manufacturers will be
required to use this test procedure's standby mode and off mode
provisions to demonstrate compliance with any future energy
conservation standards for residential furnaces and boilers that
address standby mode and off mode energy consumption. The introductory
sentence to 10 CFR part 430, subpart B, appendix N, reads as follows:
``The procedures and calculations that refer to standby mode and off
mode energy consumption (i.e., sections 8.6 and 10.9 of this appendix
N) need not be performed to determine compliance with energy
conservation standards for furnaces and boilers at this time.'' The
above statement will be removed as part of a future rulemaking to amend
the energy conservation standards for residential furnaces and boilers
to account for standby mode and off mode energy consumption, and
compliance with the applicable test procedure provisions will be
required on the compliance date of those amended energy conservation
standards. A statement has also been added to the introductory note to
appendix N to clarify that any representations pertaining to standby
mode and off mode energy consumption of these products that are made on
or after a date 180 days after the date of publication of this test
procedure final rule in the Federal Register must be based upon results
generated under this test procedure, consistent with the requirements
of 42 U.S.C. 6293(c)(2). Although this is a statutory requirement under
42 U.S.C. 6293(c), DOE has concluded that it would be useful to
explicitly state this requirement in DOE's regulations.
V. Compliance With Other EPCA Requirements
EPCA requires that new or amended test procedures shall be
reasonably designed to produce test results which measure energy
efficiency, energy use, or estimated annual operating cost of a covered
product during a representative average use cycle or period of use and
shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) For
the reasons that follow, DOE has determined that the incorporation of
IEC Standard 62301, along with the modifications and additional
calculations described above, satisfy this requirement.
As noted above, the test procedure incorporates by reference
provisions from IEC Standard 62301 for the measurement of standby mode
and off mode energy consumption. IEC Standard 62301 is widely accepted
and used internationally to measure electric power in standby mode and
off mode. Based on its analysis of IEC Standard 62301, DOE has
determined that the test methods and equipment that the amendments
require for measuring standby mode and off mode power do not differ
substantially from the test methods and equipment in the current DOE
test procedure for furnaces and boilers. Therefore, testing of furnaces
and boilers pursuant to today's final rule will not require any
significant investment in test facilities or new equipment. For these
reasons, DOE does not believe that the standby mode and off mode test
procedure provisions will add significant costs.
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
Today's regulatory action is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review.'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this
regulatory action was not subject to review under that Executive Order
by the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires preparation of an initial regulatory flexibility analysis for
any rule that, by law, must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
A regulatory flexibility analysis examines the impact of the rule on
small entities and considers alternative ways of reducing negative
effects. Also, as required by Executive Order 13272, ``Proper
Consideration of Small Entities in Agency Rulemaking,'' 67 FR 53461
(August 16, 2002), DOE published procedures and policies on February
19, 2003, to ensure that the potential impacts of its rules on small
entities are properly considered during the DOE rulemaking process. 68
FR 7990. DOE has made its procedures and policies available on the
Office of the General Counsel's Web site at http://www.gc.doe.gov.
Today's final rule adopts test procedure provisions to measure
standby mode and off mode energy consumption of residential furnaces
and boilers, generally through the incorporation by reference of IEC
[[Page 64629]]
Standard 62301 and the modifications and additional calculations
described in detail in the July 2009 NOPR. DOE reviewed today's final
rule under the provisions of the Regulatory Flexibility Act and the
policies and procedures published on February 19, 2003. For the reasons
explained in the July 2009 NOPR, DOE certified that the proposed rule
would not have a significant impact on a substantial number of small
entities. 74 FR 36959, 36967 (July 27, 2009).
As noted above, the test procedure incorporates by reference
provisions from IEC Standard 62301 for the measurement of standby mode
and off mode energy consumption. IEC Standard 62301 is widely accepted
and used internationally to measure electric power in standby mode and
off mode. Based on its analysis of IEC Standard 62301, DOE determined
that the test methods and equipment that the amendments require for
measuring standby mode and off mode power do not differ substantially
from the test methods and equipment in the current DOE test procedure
for furnaces and boilers. Therefore, testing of furnaces and boilers
pursuant to today's final rule will not require any significant
investment in test facilities or new equipment. For these reasons, DOE
does not believe that the standby mode and off mode test procedure
provisions will add significant costs.
The Small Business Administration (SBA) considers an entity to be a
small business if, together with its affiliates, it employs fewer than
a threshold number of workers specified in 13 CFR part 121, which
relies on size standards and codes established by the North American
Industry Classification System (NAICS). The threshold number for NAICS
classification 333415, which applies to Air-Conditioning and Warm Air
Heating Equipment and Commercial and Industrial Refrigeration Equipment
Manufacturing (including residential furnaces and boilers), is 750
employees.\7\ DOE reviewed the Air-Conditioning, Heating, and
Refrigeration Institute's Directory of Certified Product Performance
for Residential Furnaces and Boilers (2009),\8\ the ENERGY STAR Product
Databases for Gas and Oil Furnaces (May 15, 2009),\9\ the California
Energy Commission's Appliance Database for Residential Furnaces and
Boilers,\10\ and the Consortium for Energy Efficiency's Qualifying
Furnace and Boiler List (April 2, 2009).\11\ From this review, DOE
found that there are approximately 25 small businesses within the
furnace and boiler industry. Even though there are a significant number
of small businesses within the furnace and boiler industry, DOE has
concluded that the test procedure amendments contained in this final
rule would not represent a substantial burden to any manufacturer,
including small manufacturers, as explained above.
---------------------------------------------------------------------------
\7\ U.S. Small Business Administration, Table of Small Business
Size Standards, August 22, 2008, available at: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.
\8\ The Air-Conditioning, Heating and Refrigeration Institute,
Directory of Certified Product Performance, June 2009, available at:
http://www.ahridirectory.org/ahridirectory/pages/home.aspx.
\9\ The U.S. Environmental Protection Agency and the U.S.
Department of Commerce, ENERGY STAR Furnaces--Product Databases for
Gas and Oil Furnaces, May 15, 2009: http://www.energystar.gov/index.cfm?c=furnaces.pr_furnaces.
\10\ The California Energy Commission, Appliance Database for
Residential Furnaces and Boilers, 2009: http://www.appliances.energy.ca.gov/QuickSearch.aspx.
\11\ Consortium of Energy Efficiency, Qualifying Furnace and
Boiler List, April 2, 2009: http://www.ceedirectory.org/ceedirectory/pages/cee/ceeDirectoryInfo.aspx.
---------------------------------------------------------------------------
Accordingly, DOE has not prepared a regulatory flexibility analysis
for this rulemaking. DOE's certification and supporting statement of
factual basis was provided to the Chief Counsel for Advocacy of the SBA
for review under 5 U.S.C. 605(b). DOE did not receive any comments
regarding a significant economic impact on any small entities. Thus,
DOE reaffirms and certifies that this rule will have no significant
economic impact on a substantial number of small entities.
C. Review Under the Paperwork Reduction Act of 1995
Today's final rule imposes no new information or recordkeeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
D. Review Under the National Environmental Policy Act of 1969
DOE is establishing a final rule to amend the test procedure for
residential furnaces and boilers to address measurement of the standby
mode and off mode energy consumption of these products. DOE has
determined that this final rule falls into a class of actions that are
categorically excluded from review under the National Environmental
Policy Act of 1969 (Pub. L. 91-190, codified at 42 U.S.C. 4321 et
seq.), and DOE's implementing regulations at 10 CFR part 1021.
Specifically, this final rule, which adopts an industry standard for
measurement of standby mode and off mode energy consumption, amends an
existing rule without changing its environmental effect, and,
therefore, is covered by Categorical Exclusion A5 found in 10 CFR part
1021, subpart D, appendix A. Today's final rule would not affect the
amount, quality, or distribution of energy usage, and, therefore, would
not result in any environmental impacts.\12\ Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
---------------------------------------------------------------------------
\12\ Categorical Exclusion A5 provides: ``Rulemaking
interpreting or amending an existing rule or regulation that does
not change the environmental effect of the rule or regulation being
amended.''
---------------------------------------------------------------------------
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' imposes certain requirements
on agencies formulating and implementing policies or regulations that
preempt State law or that have Federalism implications. 64 FR 43255
(August 10, 1999). The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States, and to carefully
assess the necessity for such actions. The Executive Order also
requires agencies to have an accountable process to ensure meaningful
and timely input by State and local officials in the development of
regulatory policies that have Federalism implications. On March 14,
2000, DOE published a statement of policy describing the
intergovernmental consultation process that it will follow in
developing such regulations. 65 FR 13735. DOE has examined this final
rule and 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)) Therefore,
Executive Order 13132 requires no further action.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write
[[Page 64630]]
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; and (4) promote
simplification and burden reduction. Regarding the review required by
section 3(a), section 3(b) of Executive Order 12988 specifically
requires that Executive agencies make every reasonable effort to ensure
that the regulation: (1) Clearly specifies the preemptive effect, if
any; (2) clearly specifies any effect on existing Federal law or
regulation; (3) provides a clear legal standard for affected conduct
while promoting simplification and burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately defines key terms; and (6)
addresses other important issues affecting clarity and general
draftsmanship under any guidelines issued by the Attorney General.
Section 3(c) of Executive Order 12988 requires Executive agencies to
review regulations in light of applicable standards in sections 3(a)
and 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOE has completed the required review and
determined that, to the extent permitted by law, this rule meets the
relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4, codified at 2 U.S.C. 1501 et seq.) requires each Federal
agency to assess the effects of Federal regulatory actions on State,
local, and Tribal governments and the private sector. For regulatory
actions likely to result in a rule that may cause expenditures by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $100 million or more in any one year (adjusted
annually for inflation), section 202 of UMRA requires a Federal agency
to publish a written statement that estimates the resulting costs,
benefits, and other effects on the national economy. (2 U.S.C. 1532(a)
and (b)) Section 204 of UMRA also requires a Federal agency to develop
an effective process to permit timely input by elected officers of
State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate.'' UMRA also requires an agency plan for
giving notice and opportunity for timely input to small governments
that may be potentially affected before establishing any requirement
that might significantly or uniquely affect them. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820. (This policy is
also available at http://www.gc.doe.gov.) Today's final rule, which
modifies the current test procedures for residential furnaces and
boilers, contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure by State, local, and Tribal
governments, or by the private sector, of $100 million or more in any
year. Accordingly, no further assessment or analysis is required under
the Unfunded Mandates Reform Act of 1995.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
Today's final rule to amend DOE test procedures would not have any
impact on the autonomy or integrity of the family as an institution.
Accordingly, DOE has concluded that it is not necessary to prepare a
Family Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 15, 1988), DOE has determined that this final rule would
not result in any takings that might require compensation under the
Fifth Amendment to the United States Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (Pub.
L. 106-554, codified at 44 U.S.C. 3516 note) provides for agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed today's final rule under the OMB
and DOE guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. Today's final rule is
not a significant regulatory action under Executive Order 12866 or any
successor order; would not have a significant adverse effect on the
supply, distribution, or use of energy; and has not been designated by
the Administrator of OIRA as a significant energy action. Therefore,
DOE has determined that this rule is not a significant energy action.
Accordingly, DOE has not prepared a Statement of Energy Effects for
this rulemaking.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101 et seq.), DOE must comply with all laws
applicable to the former Federal Energy Administration, including
section 32 of the Federal Energy Administration Act of 1974 (Pub. L.
93-275), as amended by the Federal Energy Administration Authorization
Act of 1977 (Pub. L. 95-70). (15 U.S.C. 788) Section 32 provides that
where a proposed rule authorizes or requires use of commercial
standards, the notice of proposed rulemaking must inform the public of
the use and background of such standards. In addition, section 32(c)
requires DOE to consult with the Attorney General and the Federal Trade
Commission (FTC) concerning the impact of commercial or industry
standards on competition.
Certain of the amendments and revisions in this final rule
incorporate testing methods contained in the following commercial
standard, the International Electrotechnical Commission (IEC) Standard
62301, ``Household electrical appliances--Measurement of standby
power'' (First Edition 2005-06). As stated in the July 2009 NOPR, DOE
has evaluated this
[[Page 64631]]
standard and is unable to conclude whether it fully complies with the
requirements of section 32(b) of the Federal Energy Administration Act
(i.e., that it was developed in a manner that fully provides for public
participation, comment, and review). 74 FR 36959, 36968 (July 27,
2009). DOE has consulted with the Attorney General and the Chairman of
the FTC concerning the impact on competition of requiring manufacturers
to use the test methods contained in this standard, and neither
recommended against incorporation of this standard.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 801(2).
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on August 20, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
0
For the reasons stated in the preamble, DOE is amending part 430 of
chapter II of title 10 of the Code of Federal Regulations, to read as
set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
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 adding new paragraph (l)(1), and adding
and reserving paragraph (l)(2), to read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(l) * * *
(1) International Electrotechnical Commission (IEC) Standard 62301
(``IEC 62301''), Household electrical appliances--Measurement of
standby power (first edition, June 2005), IBR approved for Appendix N
to Subpart B.
(2) [Reserved].
* * * * *
0
3. Appendix N to subpart B of part 430 is amended as follows:
0
a. Adding a note after the heading.
0
b. In section 2.0 Definitions, by redesignating sections 2.1, 2.2, 2.3,
and 2.4 as sections 2.2, 2.3, 2.9, and 2.5 respectively; and adding new
sections 2.1, 2.4, 2.6, 2.7, and 2.8.
0
c. In section 8.0 Test procedure, by adding new sections 8.6, 8.6.1,
and 8.6.2.
0
d. In section 9.0 Nomenclature, by adding three new text items at the
end of the section.
0
e. In section 10.0 Calculation of derived results from test
measurements, by:
0
i. Revising sections 10.2.3, 10.2.3.1, 10.2.3.2, 10.3, 10.5.2, 10.5.3;
and
0
ii. Adding new section 10.9.
The additions and revisions read as follows:
Appendix N to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Furnaces and Boilers
Note: The procedures and calculations that refer to standby mode
and off mode energy consumption (i.e., sections 8.6 and 10.9 of this
appendix N) need not be performed to determine compliance with
energy conservation standards for furnaces and boilers at this time.
However, any representation related to standby mode and off mode
energy consumption of these products made after April 18, 2011 must
be based upon results generated under this test procedure,
consistent with the requirements of 42 U.S.C. 6293(c)(2). After July
1, 2010, any adopted energy conservation standard shall address
standby mode and off mode energy consumption, and upon the
compliance date for such standards, compliance with the applicable
provisions of this test procedure will be required.
* * * * *
2.0 Definitions
2.1 Active mode means the condition during the heating season in
which the furnace or boiler is connected to the power source, and
either the burner, electric resistance elements, or any electrical
auxiliaries such as blowers or pumps, are activated.
* * * * *
2.4 IEC 62301 means the test standard published by the
International Electrotechnical Commission (IEC), titled ``Household
electrical appliances--Measurement of standby power,'' Publication
62301 (First Edition 2005-06). (incorporated by reference, see Sec.
430.3)
* * * * *
2.6 Off mode means the condition during the non-heating season in
which the furnace or boiler is connected to the power source, and
neither the burner, electric resistance elements, nor any electrical
auxiliaries such as blowers or pumps, are activated.
2.7 Seasonal off switch means the switch on the furnace or boiler
that, when activated, results in a measurable change in energy
consumption between the standby and off modes.
2.8 Standby mode means the condition during the heating season in
which the furnace or boiler is connected to the power source, and
neither the burner, electric resistance elements, nor any electrical
auxiliaries such as blowers or pumps, are activated.
* * * * *
8.0 Test Procedure
* * * * *
8.6 Measurement of electrical standby and off mode power.
8.6.1 Standby power measurement. With all electrical auxiliaries of
the furnace or boiler not activated, measure the standby power
(PSB) in accordance with the procedures in IEC 62301
(incorporated by reference, see Sec. 430.3), except that section 8.5
Room Ambient Temperature of ASHRAE 103--1993 (incorporated by
reference, see Sec. 430.3) and the voltage provision of section
8.2.1.4 Electrical Supply of ASHRAE 103--1993 shall apply in lieu of
the corresponding provisions of IEC 62301 at section 4.2 Test room and
the voltage specification of section 4.3 Power supply. Frequency shall
be 60Hz. Clarifying further, IEC 62301 section 4.5 Power measurement
accuracy and section 5 Measurements shall apply in lieu of section 6.10
Energy Flow Rate of ASHRAE 103--1993. Measure the wattage so that all
possible standby mode wattage for the entire appliance is recorded, not
just the standby mode wattage of a single auxiliary.
8.6.2 Off mode power measurement. If the unit is equipped with a
seasonal off switch or there is an expected difference between off mode
power and standby mode power, measure off mode power (POFF)
in accordance with the standby power procedures in IEC 62301
(incorporated by reference, see Sec. 430.3), except that section 8.5
Room Ambient Temperature of ASHRAE 103--1993 (incorporated by
reference, see Sec. 430.3) and the voltage provision of section
8.2.1.4 Electrical Supply of ASHRAE 103--1993 shall apply in lieu of
the corresponding provisions of IEC 62301 at section 4.2 Test room and
the voltage specification of section 4.3 Power supply. Frequency shall
be 60Hz. Clarifying further, IEC 62301 section 4.5
[[Page 64632]]
Power measurement accuracy and section 5 Measurements shall apply for
this measurement in lieu of section 6.10 Energy Flow Rate of ASHRAE
103--1993. Measure the wattage so that all possible off mode wattage
for the entire appliance is recorded, not just the off mode wattage of
a single auxiliary. If there is no expected difference in off mode
power and standby mode power, let POFF = PSB, in
which case no separate measurement of off mode power is necessary.
9.0 Nomenclature
* * * * *
ESO = Average annual electric standby mode and off mode
energy consumption, in kilowatt-hours
POFF = Furnace or boiler off mode power, in watts
PSB = Furnace or boiler standby mode power, in watts
10.0 Calculation of Derived Results From Test Measurements
* * * * *
10.2.3 Average annual auxiliary electrical energy consumption for
gas or oil-fueled furnaces or boilers. For furnaces and boilers
equipped with single-stage controls, the average annual auxiliary
electrical consumption (EAE) is expressed in kilowatt-hours
and defined as:
EAE = BOHSS(y PPE +
yIGPEIG + yBE) + ESO
Where:
BOHSS = as defined in 10.2.1 of this appendix
PE = as defined in 10.2.1 of this appendix
yP = as defined in 10.2.1 of this appendix
yIG = as defined in 10.2.1 of this appendix
PEIG = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1 of this appendix
BE = as defined in 10.2.1 of this appendix
ESO = as defined in 10.9 of this appendix.
10.2.3.1 For furnaces or boilers equipped with two-stage controls,
EAE is defined as:
EAE = BOHR (yPPER +
yIGPEIG + yBER) + BOHH
(yPPEH + yIGPEIG + y
BEH) + ESO
Where:
BOHR = as defined in 10.2.1.2 of this appendix
yP = as defined in 10.2.1 of this appendix
PER = as defined in 9.1.2.2 and measured at the reduced
fuel input rate of ANSI/ASHRAE Standard 103--1993, (incorporated by
reference, see Sec. 430.3)
yIG = as defined in 10.2.1 of this appendix
PEIG = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1 of this appendix
BER = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103--
1993, (incorporated by reference, see Sec. 430.3) measured at the
reduced fuel input rate
BOHH = as defined in 10.2.1.3 of this appendix
PEH = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103--
1993, (incorporated by reference, see Sec. 430.3) measured at the
maximum fuel input rate
BEH = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103--
1993, (incorporated by reference, see Sec. 430.3) measured at the
maximum fuel input rate
ESO = as defined in 10.9 of this appendix.
10.2.3.2 For furnaces or boilers equipped with step-modulating
controls, EAE is defined as:
EAE = BOHR (yP PER +
yIGPEIG + yBER) + BOHM
(yPPEH + yIGPEIG + y
BEH) + ESO
Where:
BOHR = as defined in 10.2.1.2 of this appendix
yP = as defined in 10.2.1 of this appendix
PER = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103--
1993, (incorporated by reference, see Sec. 430.3), measured at the
reduced fuel input rate
yIG = as defined in 10.2.1 of this appendix
PEIG = as defined in 10.2.1 of this appendix
y = as defined in 10.2.1. of this appendix
BER = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103--
1993, (incorporated by reference, see Sec. 430.3) measured at the
reduced fuel input rate
BOHM = as defined in 10.2.1.4 of this appendix
PEH = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103--
1993, (incorporated by reference, see Sec. 430.3) measured at the
maximum fuel input rate
BEH = as defined in 9.1.2.2 of ANSI/ASHRAE Standard 103--
1993, (incorporated by reference, see Sec. 430.3) measured at the
maximum fuel input rate
ESO = as defined in 10.9 of this appendix.
10.3 Average annual electric energy consumption for electric
furnaces or boilers.
EE = 100(2,080)(0.77)DHR/(3.412 AFUE) + ESO
Where:
100 = to express a percent as a decimal
2,080 = as specified in 10.2.1 of this appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
3.412 = conversion to express energy in terms of watt-hours instead
of Btu
AFUE = as defined in 11.1 of ANSI/ASHRAE Standard 103--1993
(incorporated by reference, see Sec. 430.3), in percent, and
calculated on the basis of: ICS installation, for non-weatherized
warm air furnaces; indoor installation, for non-weatherized boilers;
or outdoor installation, for furnaces and boilers that are
weatherized.
ESO = as defined in 10.9 of this appendix.
* * * * *
10.5.2 Average annual auxiliary electrical energy consumption for
gas or oil-fueled furnaces and boilers located in a different
geographic region of the United States and in buildings with different
design heating requirements. For gas or oil-fueled furnaces and
boilers, the average annual auxiliary electrical energy consumption for
a specific geographic region and a specific typical design heating
requirement (EAER) is expressed in kilowatt-hours and
defined as:
EAER = (EAE-ESO) (HLH/2080) +
ESOR
Where:
EAE = as defined in 10.2.3 of this appendix
ESO = as defined in 10.9 of this appendix
HLH = as defined in 10.5.1 of this appendix
2,080 = as specified in 10.2.1 of this appendix
ESOR = as specified in 10.5.3 of this appendix.
10.5.3 Average annual electric energy consumption for electric
furnaces and boilers located in a different geographic region of the
United States and in buildings with different design heating
requirements. For electric furnaces and boilers, the average annual
electric energy consumption for a specific geographic region and a
specific typical design heating requirement (EER) is
expressed in kilowatt-hours and defined as:
EER = 100(0.77) DHR HLH/(3.412 AFUE) + ESOR
Where:
100 = as specified in 10.3 of this appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
HLH = as defined in 10.5.1 of this appendix
3.412 = as specified in 10.3 of this appendix
AFUE = as defined in 10.3 of this appendix
ESOR = ESO as defined in 10.9 of this
appendix, except that in the equation for ESO, the term
BOH is multiplied by the expression (HLH/2080) to get the
appropriate regional accounting of standby mode and off mode loss.
* * * * *
10.9 Average annual electrical standby mode and off mode energy
consumption. Calculate the annual electrical standby mode and off mode
energy consumption (ESO) in kilowatt-hours, defined as:
ESO = ((PSB * (4160-BOH)) + (POFF *
4600)) * K
Where:
PSB = furnace or boiler standby mode power, in watts, as
measured in Section 8.6
4,160 = average heating season hours per year
POFF = furnace or boiler off mode power, in watts, as
measured in Section 8.6
4,600 = average non-heating season hours per year
K = 0.001 kWh/Wh, conversion factor for watt-hours to kilowatt-hours
BOH = total burner operating hours as calculated in section 10.2 for
gas or oil-fueled furnaces or boilers. Where for gas or oil-fueled
furnaces and boilers equipped with single-stage controls, BOH =
BOHSS; for gas or oil-fueled furnaces and boilers
equipped with two-stage controls, BOH = (BOHR +
BOHH); and for gas or oil-fueled furnaces and boilers
equipped with step-modulating controls, BOH = (BOHR +
BOHM). For
[[Page 64633]]
electric furnaces and boilers, BOH = 100(2080)(0.77)DHR/
(Ein 3.412)(AFUE))
Where:
100 = to express a percent as a decimal
2,080 = as specified in 10.2.1 of this appendix
0.77 = as specified in 10.2.1 of this appendix
DHR = as defined in 10.2.1 of this appendix
3.412 = conversion to express energy in terms of KBtu instead of
kilowatt-hours
AFUE = as defined in 11.1 of ANSI/ASHRAE Standard 103--1993
(incorporated by reference, see Sec. 430.3) in percent
E in = Steady-state electric rated power, in kilowatts,
from section 9.3 of ANSI/ASHRAE Standard 103--1993 (incorporated by
reference, see Sec. 430.3).
[FR Doc. 2010-26369 Filed 10-19-10; 8:45 am]
BILLING CODE 6450-01-P