[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Proposed Rules]
[Pages 17075-17078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7610]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-TP-0020]
RIN 1904-AB89


Energy Conservation Program for Consumer Products: Test 
Procedures for Residential Furnaces and Boilers

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

ACTION: Supplemental notice of proposed rulemaking and solicitation of 
comments.

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SUMMARY: In order to implement recent amendments to the Energy Policy 
and Conservation Act (EPCA) by the Energy Independence and Security Act 
of 2007 (EISA 2007), the U.S. Department of Energy (DOE) proposed 
amendments to its test procedures for residential furnaces and boilers 
to provide for measurement and incorporation of standby mode and off 
mode energy consumption. A public meeting on the proposed rule was held 
on August 18, 2009. This supplemental notice of proposed rulemaking 
(SNOPR) proposes an integrated efficiency descriptor that incorporates 
standby mode and off mode energy consumption into the statutorily 
identified efficiency descriptor, Annual Fuel Utilization Efficiency 
(AFUE).

DATES: DOE will accept comments, data, and information regarding the 
notice of proposed rulemaking (NOPR) no later than April 20, 2010. For 
details, see section V, ``Public Participation,'' of this NOPR.

ADDRESSES: Any comments submitted must identify the SNOPR on Test 
Procedures for Residential Furnaces and Boilers, and provide the docket 
number EERE-2008-BT-TP-0020 and/or regulatory information number (RIN) 
1904-AB89. Comments may be submitted using any of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: [email protected]. Include docket number EERE-
2008-BT-TP-0020 and/or RIN 1904-AB89 in the subject line of the 
message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Please submit one signed paper original.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza, 
SW., Washington, DC 20024. Telephone: (202) 586-2945. Please submit one 
signed paper original.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V, ``Public 
Participation,'' of this document.
    Docket: For access to the docket to read background documents or 
comments received, visit the U.S. Department of Energy, Resource Room 
of the Building Technologies Program, 6th Floor, 950 L'Enfant Plaza, 
SW., Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. Please call Ms. Brenda 
Edwards at the above telephone number for additional information about 
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: 

Mr. Mohammed Khan, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-7892. E-mail: [email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: [email protected].
    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. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Authority

[[Page 17076]]

II. Summary of the Proposal
III. Discussion
    A. Integrated Annual Fuel Utilization Efficiency 
(AFUEI)
    B. Proposed Amendments Relationship With Energy Conservation 
Standards
    C. Compliance With Other EPCA Requirements
IV. Procedural Requirements
V. Public Participation
VI. Approval of the Office of the Secretary

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 
et seq.; EPCA or the Act) sets forth a variety of provisions designed 
to improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309) 
establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles,'' including residential furnaces and boilers 
(all of which are referenced below as ``covered products'').\1\ (42 
U.S.C. 6291(1)-(2) and 6292(a)(5)).
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    \1\ All references to EPCA in this rulemaking refer to the 
statute as amended through the Energy Independence and Security Act 
of 2007, Public Law 110-140.
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    Under the Act, this program consists essentially of 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 under 
this section shall be reasonably designed to produce test results which 
measure energy efficiency, energy use, * * * or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use, as determined by the Secretary [of Energy], and 
shall not be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In 
addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine ``to what extent, if any, the proposed 
test procedure would alter the measured energy efficiency * * * of any 
covered product as determined under the existing test procedure.'' (42 
U.S.C. 6293(e)(1)) If DOE determines that the amended test procedure 
would alter the measured efficiency of a covered product, DOE must 
amend the applicable energy conservation standard accordingly. (42 
U.S.C. 6293(e)(2))
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007 
amendments to EPCA, in relevant part, require DOE to amend the test 
procedures for all covered products to include measures of standby mode 
and off mode energy consumption. Specifically, section 310 of EISA 2007 
provides definitions of ``standby mode'' and ``off mode'' (42 U.S.C. 
6295(gg)(1)(A)) and permits DOE to amend these definitions in the 
context of a given product (42 U.S.C. 6295(gg)(1)(B)). The 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))
    DOE's current test procedure for residential furnaces and boilers 
is found at 10 CFR part 430, subpart B, appendix N. 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.
    DOE notes that gas-fired and oil-fried furnaces and boilers consume 
both fossil fuel and electricity, while electric furnaces and boilers 
only consume electricity. The current test procedure accounts for all 
fossil-fuel energy consumption over a full-year cycle, thereby 
satisfying EISA 2007 requirements for fossil-fuel standby mode and off 
mode energy consumption. Electrical energy consumption in standby mode 
and off mode, however, is not accounted for in the current test 
procedure.

II. Summary of the Supplemental Proposed Rule

    In the July 2007 NOPR, DOE proposed to add standby mode and off 
mode energy consumption measurement provisions utilizing the IEC 62301 
standard. Standby and off mode electrical energy consumption would not, 
however, be integrated into AFUE. On further review, DOE has determined 
that integration of standby and off mode electrical energy consumption 
into AFUE is technically feasible. Accordingly, this notice proposes an 
integrated annual fuel utilization efficiency metric.

III. Discussion

A. Integrated Annual Fuel Utilization Efficiency (AFUEI)

    As mentioned above, DOE has determined that integration of standby 
mode and off mode electrical energy consumption into the AFUE 
efficiency descriptor is technically feasible. AFUE is the required 
energy efficiency descriptor for furnaces. (42 U.S.C. 6291(22)). EISA 
2007 requires, if technically feasible, integration of standby energy 
consumption into the overall energy efficiency, energy consumption or 
other energy descriptor. Therefore, EISA 2007 requires an integrated 
AFUE that reflects standby mode and off mode energy consumption for 
both fossil fuel and electricity. This notice proposes such integration 
into the AFUE descriptor.
    The proposed integrated annual fuel utilization efficiency 
(AFUEI) would be the mathematical product of the current 
AFUE measure and an efficiency quotient that includes, as an addition 
to the denominator, the standby mode and off mode electricity 
consumption converted to Btu based on the point-of-use energy content 
of a kilowatt hour (3412 Btu). This addition would thereby reduce the 
numeric value of the efficiency quotient in proportion to the relative 
magnitude of such additional energy consumption. This mathematical form 
is consistent with how other products have addressed EISA 2007, in 
particular how the standby mode and off mode energy consumption is 
integrated into existing efficiency descriptors.
    This proposed formula would use the point-of-use energy content of 
a kilowatt hour (3412 Btu) because the statute defines ``energy use'' 
as ``the quantity of energy directly consumed by a consumer product at 
point of use'' (42 U.S.C. 6291 (4)) DOE recognizes that combining 
fossil fuel (natural gas) and electricity consumption based on their 
point-of-use energy content tends to

[[Page 17077]]

understate the relative energy and economic impacts of the electricity 
use. However, DOE proposes an integrated metric given the statutory 
definition of energy use and the statutory mandate to establish an 
integrated measure of energy efficiency, if technically feasible. 
Furthermore, in this case, DOE expects that the possible distortions 
resulting from the combination of fossil fuel and electricity measures 
of point-of-use energy use are likely to be very small. DOE invites 
comment on this approach to combining the natural gas and electricity 
use of furnaces. DOE also invites comment on modifications that can be 
made to the adjustment factor that can more accurately characterize the 
relative impacts of electricity and fossil fuel use while maintaining 
consistency with existing statute.
    Because there are some slight differences in the terminology and 
formulation used in the existing test procedure for electric furnaces 
and boilers as compared to fossil fueled furnaces and boilers, DOE 
discusses the proposed integrated AFUEI separately for each 
product in the following paragraphs.
    For fossil fueled furnaces and boilers, the proposed integrated 
annual fuel utilization efficiency would be expressed as a function of 
the useful heat energy provided by the primary fuel divided by the sum 
of the primary fuel energy consumption and the standby mode and off 
mode energy consumption with all terms in equivalent energy units.
    The mathematical form of the expression would be as follows:

AFUEI = (AFUE *EF)/(EF 
+(3412*ESO))

Where:

AFUE = as stated in the existing test procedures.
EF = Average annual fuel consumption (Btu).
3412 = conversion factor to express energy in Btu instead of kWh.
ESO = Average annual electrical standby and off mode 
energy consumption (kWh).

    For electric furnaces and boilers, the proposed integrated annual 
utilization efficiency would be presented as the useful heat provided 
by the annual total electrical energy minus the off mode annual energy 
consumption all divided by the annual total electrical consumption.
    The mathematical form of the expression would be as follows:

AFUEI = (AFUE *(EE-(POFF * 4600))/
(EE))

Where:

AFUE = as stated in existing test procedure.
     (EE-(POFF * 4600)) = Average annual total 
electric consumption minus the average annual off mode electrical 
energy consumption defined as the product of the measured off mode 
power (POFF) and the average number of non-heating season 
hours per year.
EE = Average annual total electrical consumption 
including standby mode and off mode consumption.

    This integrated AFUE for electric furnaces and boilers, although 
seemingly different in mathematical form, is conceptually the same as 
the integrated AFUE for fossil fueled furnaces and boilers. 
Specifically, it is an integrated efficiency quotient that includes, as 
an addition to the denominator, the standby mode and off mode energy 
consumption. The differences result from the fact the there is no need 
for a conversion to equivalent energy units and the existing test 
procedure's energy consumption terms are structured differently for 
electric furnaces and boilers as compared to fossil fueled furnaces and 
boilers. The different structure results from the existing test 
procedure's assumption that auxiliary electrical energy consumption 
provides useful heat to the heated space. This assumption applies when 
one considers the standby mode but not off mode because the electric 
energy consumption during the non heating season is not considered 
useful heat. The proposed equation for electric furnaces and boilers 
recognizes this difference.

B. Proposed Amendments Relationship With Energy Conservation Standards

    Today's proposal would integrate standby and off mode electrical 
energy use into the AFUE efficiency descriptor, as required by EPCA. 
(42 U.S.C. 6295(gg)(2)(A)) DOE will consider use of this proposed 
efficiency descriptor in any rulemaking procedure to prescribe 
standards for furnaces and boilers, again as required by EPCA. (42 
U.S.C. 6295(gg)(3)).

C. Compliance With Other EPCA Requirements

    EPCA requires that ``[a]ny test procedures prescribed or amended 
under this section shall be reasonably designed to produce test results 
which measure energy efficiency, energy use * * * or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use * * * and shall not be unduly burdensome to 
conduct.'' (42 U.S.C. 6293(b)(3))
    Today's supplemental proposed amendments to the DOE test procedure 
would only add two new equations to the calculation section of the test 
procedure. These calculations utilize existing or proposed terms and, 
accordingly, pose no additional testing burden.

IV. Procedural Requirements

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the July 27 NOPR remain 
unchanged for this SNOPR. These determinations are set forth in the 
July 27 NOPR. (74 FR 36959, 36966-68 July 27, 2009)

V. Public Participation

    DOE will accept comments, data, and information regarding the 
proposed rule no later than the date provided at the beginning of this 
notice. Comments, data, and information submitted to DOE's e-mail 
address for this rulemaking should be provided in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format. Stakeholders should 
avoid the use of special characters or any form of encryption, and 
wherever possible comments should include the electronic signature of 
the author. Comments, data, and information submitted to DOE via mail 
or hand delivery/courier should include one signed paper original. No 
telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document that 
includes all of the information believed to be confidential, and one 
copy of the document with that information deleted. DOE will determine 
the confidential status of the information and treat it accordingly.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include the following: (1) A 
description of the items; (2) whether and why such items are 
customarily treated as confidential within the industry; (3) whether 
the information is generally known by or available from other sources; 
(4) whether the information was previously made available to others 
without obligation concerning its confidentiality; (5) an explanation 
of the competitive injury to the submitting person that would result 
from public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking.

[[Page 17078]]

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 March 29, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend part 
430 of chapter II of title 10 of the Code of Federal Regulations, to 
read as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for part 430 continues to read as 
follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

    2. Appendix N to subpart B of part 430 is amended by revising 
section 10.1 to read as follows:

Appendix N to Subpart B of Part 430-Uniform Test Method for Measuring 
the Energy Consumption of Furnaces and Boilers

* * * * *
    10.1 Annual fuel utilization efficiency and integrated annual 
fuel utilization efficiency. The annual fuel utilization efficiency 
(AFUE) is as defined in sections 11.2.12 (non-condensing systems), 
11.3.12 (condensing systems), 11.4.12 (non-condensing modulating 
systems) and 11.5.12 (condensing modulating systems) of ANSI/ASHRAE 
Standard 103-1993, (incorporated by reference; see Sec.  430.3) 
except for the definition for the term EffyHS in the 
defining equation for AFUE. EffyHS is defined as: 
EffyHS=heating seasonal efficiency as defined in sections 
11.2.11 (non-condensing systems), 11.3.11 (condensing systems), 
11.4.11 (non-condensing modulating systems) and 11.5.11 (condensing 
modulating systems) of ANSI/ASHRAE Standard 103-1993 and is based on 
the assumptions that all weatherized warm air furnaces or boilers 
are located out-of-doors, that warm air furnaces which are not 
weatherized are installed as isolated combustion systems, and that 
boilers which are not weatherized are installed indoors.
    The integrated annual fuel utilization efficiency 
(AFUEI) is defined as follows:
    For fossil fueled furnaces and boilers:

AFUEI = (AFUE *EF)/(EF + 
(3412*ESO))

Where:

AFUE = as defined above in this section.
EF = Average annual fuel consumption defined in section 
10.2.2.
3412 = conversion factor to express energy in Btu's instead of KWh.
ESO = Average annual electrical standby and off mode 
energy consumption as defined in section 10.9.

    For electric furnaces and boilers:

AFUEI = (AFUE *(EE - (POFF * 
4600))/(EE))

Where:

AFUE = as defined in section 10.3.
(EE - (POFF * 4600)) = Average annual total 
electric consumption as defined in section 10.3 minus the average 
annual off mode electrical energy consumption defined as the product 
of the measured off mode power (POFF) from section 8.6 
and the average number of non-heating season hours per year defined 
in section 10.9.
EE = Average annual total electrical consumption 
including standby mode and off mode consumption as defined in 
section 10.3.
* * * * *
[FR Doc. 2010-7610 Filed 4-2-10; 8:45 am]
BILLING CODE 6450-01-P