[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Notices]
[Pages 46460-46465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6897]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket ID: ERRE-BT-2006-WAV-0140]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver of Peerless Boilers Heat, LLC From the 
Department of Energy Residential Furnace and Boiler Test Procedures

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

ACTION:  Notice of Petition for Waiver and request for comments.

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SUMMARY: Today's notice publishes a Petition for Waiver from Peerless 
Boilers Heat, LLC (PB). This petition (hereafter ``PB Petition'') 
request a waiver from the Department of Energy's (hereafter 
``Department'' or ``DOE'') test procedures for residential furnaces and 
boilers. Today's notice also includes an alternate test procedure PB 
has requested DOE to include in the Decision and Order, should the 
Department grant PB a waiver. The Department is soliciting comments, 
data, and information with respect to the PB Petition and the proposed 
alternate test procedure.

DATES: The Department will accept comments, data, and information 
regarding this Petition for Waiver until, but no later than September 
13, 2006.

ADDRESSES: Please submit comments, identified by Docket ID number: 
EERE-BT-2006-WAV-0140, by any of the following methods:
     Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, Mailstop EE-2J, Forrestal Building, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Deliver/Courier: Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
Building Technologies Program, Room 1J-018, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121.
     E-mail: [email protected]. Include either the Docket 
ID number: EERE-BT-2006-WAV-0140, and/or ``PB Petition'' in the subject 
line of the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and case number for this proceeding. Submit electronic comments in 
Microsoft Word, WordPerfect, PDF, or text (ASCII) file format and avoid 
the use of special characters or any form of encryption. Wherever 
possible, include the electronic signature of the author. Absent an 
electronic signature, comments should electronically must be followed 
and authenticated by submitting the signed original paper document. The 
Department does not accept telefacsimiles (faxes). Any person 
submitting written comments must also send a copy of such comments to 
the petitioner. (10 CFR 430.27(b)(1)(iv)). The contact information for 
the petitioner in today's notice is: Mr. Jeffrey K. Alexander, Vice 
President, PB Heat, LLC, 9th & Rothermel Drive, P.O. Box 447, New 
Berlinville, PA 19545-0477.
    According 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 including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. The 
Department will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Docket: For access to the docket to read the background comments 
relevant to this matter, go to the U.S. Department of Energy, Forrestal 
Building, Room 1J-018 (Resource Room of the Building Technologies 
Program), 1000 Independence Avenue, SW., Washington, DC 20585-0121, 
(202) 586-2945, between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. Available documents include the following 
items: This notice, public comments received, the PB Petition, and 
prior Department rulemakings regarding residential furnace and boilers. 
Please call Ms. Brenda Edwards-Jones at the above telephone number for 
additional information regarding visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9611; E-
mail: [email protected]; or Thomas DePriest, Esq., U.S. 
Department of Energy, Office of General Counsel, Mail Stop GC-72, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, (202) 586-9507; E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority
II. Petition for Waiver
III. Alternate Test Procedure
IV. Summary and Request for Comments

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part B of 
Title III (42 U.S.C. 6291-6309) provides for the ``Energy Conservation 
Program for Consumer Products other than Automobiles.'' It specifically 
provides for definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. With respect to test procedures, Part B 
generally authorizes the Secretary of Energy to prescribe test 
procedures that are reasonably designed to produce results which 
reflect energy efficiency, energy use and estimated operating costs, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 
EPCA provides that the Secretary of Energy may amend test procedures 
for consumer products if the Secretary determines that amended test 
procedures would more accurately reflect energy efficiency, energy use 
and estimated operating costs, and that they are not unduly burdensome 
to conduct. (42 U.S.C. 6293(b))
    Today's notice involves residential products covered under Part B. 
The PB Petition requests a waiver from the residential furnace and 
boiler test procedures for PB's PO-50, PO-60, PO-63 and PO-73 models of 
oil-fired boilers. The test procedures for residential furnaces and 
boilers appear at 10 CFR Part 430, Subpart B, Appendix N.
    The Department's regulations contain provisions allowing a person 
to seek a

[[Page 46461]]

waiver from the test procedure requirements for covered consumer 
products (10 CFR 430.27). The waiver provisions allow the Assistant 
Secretary for Energy Efficiency and Renewable Energy (hereafter 
``Assistant Secretary'') to temporarily waive test procedures for a 
particular basic model when a petitioner shows that the basic model 
contains one or more design characteristics that prevent testing 
according to the prescribed test procedures, or when the prescribed 
test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption as to provide 
materially inaccurate comparative data. (10 CFR 430.27(a)(1)) The 
Assistant Secretary may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Petitioners are to 
include in their petition any alternate test procedures known to 
evaluate the basic model in a manner representative of its energy 
consumption. (10 CFR 430.27(b)(1)(iii)) Waivers generally remain in 
effect until final test procedure amendments become effective, thereby 
resolving the problem that is the subject of the waiver.
    The waiver process also allows the Assistant Secretary to grant an 
Interim Waiver from test procedure requirements to manufacturers that 
have petitioned the Department for a waiver of such prescribed test 
procedures. (10 CFR 430.27(a)(2)) An Interim Waiver remains in effect 
for a period of 180 days or until the Department issues its 
determination on the Petition for Waiver, whichever is sooner, and may 
be extended for an additional 180 days, if necessary. (10 CFR 
430.27(h))

II. Petition for Waiver

    On March 27, 2006, PB filed a Petition for Waiver from the test 
procedures applicable to its residential oil-fired boilers. PB seeks a 
waiver from the applicable test procedures for its PO-50, PO-60, PO-63 
and PO-73 models of oil-fired boilers on the grounds that the 
prescribed test procedures may result in an evaluation of the basic 
model that is unrepresentative of its true energy consumption 
characteristics.
    Modern residential boilers are typically used with either baseboard 
convector or radiant floor heating systems, and these heating systems 
circulate water in a closed-loop fashion. Originating at the boiler, 
headed water is pumped to the convectors or radiant floor coils. As the 
water passes through the convectors or floor coils, heat is extracted 
and the water is cooled. The heated water from the boiler is termed 
``supply water'' and the cooled water is termed ``return water''. With 
any given system, the return water temperature is directly proportional 
to the supply water temperature which can be set at the boiler. The 
return water temperature is also a function of a home's heating load 
and the effectiveness of convector or floor coil system. Different 
water temperatures are also seen with different systems (and control 
features); the return and supply water temperatures are lower for 
radiant floor heating systems compared to convector systems. The DOE 
test procedures specifies certain supply and return temperatures for 
boiler efficiency testing. These temperature specifications, according 
to PB, do not suitably match the expected performance characteristics 
of the subject boiler units.
    In particular, PB claims that one of the test conditions (i.e., 
return water temperature) in the DOE test procedures is not 
representative of what would occur with radiant floor heating systems 
and for boilers equipped with outdoor reset controls. The PB Petition 
requests that DOE grant a waiver from existing test procedures and 
allow the use of an alternate test procedure. In its petition, PB 
requests use of the American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) Standard 103-2003 Public Review Draft, 
``Determination of Boiler Performance for Low Water Temperature 
Applications'' (hereafter ``draft ASHRAE Standard 103-2003'').
    Pending public comment, it is not clear if DOE would grant PB a 
waiver in the Decision and Order. PB seeks a waiver of the temperature 
requirements for return water in the applicable test procedure on the 
grounds that the prescribed test procedures may result in an evaluation 
of the basic model that is unrepresentative of its true energy 
consumption characteristics. PB also requests permission to use an 
alternate test procedure, draft ASHRAE Standard 103-2003, which 
specifies lower test temperatures that the DOE test procedure requires. 
PB claims boilers for which it seeks a test procedure waiver are 
capable of achieving condensing operating conditions with return water 
temperatures that are lower than those specified in the DOE test 
procedure. In particular, PB states that if a boiler is used with 
radiant floor heating systems, the return and supply water temperatures 
are far lower than those seen with baseboard convector systems. 
Similarly, PB states that if a boiler is used with baseboard convector 
heating systems, in combination with outdoor reset controls, the supply 
water temperatures can be lower than the DOE test procedure for some 
fraction of the heating season. In its petition, PB also asserts that 
because its boilers are supplied with an outdoor reset control, the 
boilers installed with either radiant floor heating systems or 
baseboard convector heating systems are capable of achieving condensing 
conditions and increased efficiency and reduced energy use, during 
warmer periods of the heating season.
    DOE finds, however, that the reliability of this approach depends 
upon different parameters, which can vary from home to home. It 
depends, for example, on the home's heating load profile, which is a 
function of the geographic location, the temperature of the return 
water necessary for condensation, and the performance characteristics 
of the home's baseboard convectors. The draft ASHRAE Standard 103-2003 
does not estimate, or take into account, how often the boiler will 
function in the condensing mode with a baseboard convector system and 
may not accurately reflect an ``annualized'' efficiency rating and may 
confuse consumers who purchase boilers for use with baseboard heating 
systems. Furthermore, there are no guarantees the boiler would be 
installed with outdoor reset controls. Finally, DOE is concerned that 
granting PB a waiver could result in energy efficiency ratings for its 
PO-50, PO-60, PO-63 and PO-73 models of oil-fired boilers that are not 
comparable to the ratings of other models of oil-fired boilers.

III. Alternate Test Procedure

    The Department will make a judgment on the PB Petition after the 
period for public comment. The Department is publishing the proposed 
alternate test procedure in this notice, though it has not yet made a 
determination on the petition, to account for the potential need for an 
alternate test procedure and to allow the public to comment on a 
proposed alternate test procedure. PB proposed the use of draft ASHRAE 
standard 103-2003 as an alternate test procedure in its petition. DOE 
is considering including in the Decision and Order an alternate test 
procedure that is based on draft ASHRAE Standard 103-2003 for 
residential furnaces and boilers.
    The Department proposes for comment the following language: 10 CFR 
Parts 430 Subpart B, Appendix N--``Uniform Test Method for Measuring 
the Energy Consumption of Furnaces and Boilers,'' as amended by adding:

[[Page 46462]]

Section 8.4.1

Determination of Boiler Performance for Low-Water-Temperature 
Applications
    This section contains procedures for determining the seasonal 
performance of a hot water boiler used in a low-water-temperature 
application, specifically, for radiant floor heating systems. This 
performance is expressed as Low-Water-Temperature Seasonal Efficiency 
(LWTSE).


    Note: When applying this criteria to noncondensing boilers, it 
should be recognized that such boilers used for low-water-
temperature applications need to address the potential for the 
formation of condensation within the boiler's heat exchanger, in 
addition to the boiler's venting system. This can be addressed 
either by the design of the boiler and its venting system, or by the 
boiler's return/supply water piping, or both.

For Noncondensing Hot Water Boilers

    The water flow rate shall be adjusted to produce a water 
temperature rise between 19.5 [deg]F and 20.5 [deg]F during the steady-
state test described under Section 8.0, Test Procedure. During the 
steady-state and heat-up tests, the hot water boiler shall be supplied 
with water having a temperature of a least 90 [deg]F, but not more than 
94 [deg]F.

For Condensing Hot Water Boilers

    The water flow rate shall be adjusted to produce a water 
temperature rise between 19.5 [deg]F and 20.5 [deg]F during the steady-
state test described under Section 8.0, Test Procedure. During the 
steady-state and heat-up tests, the condensing boiler shall be supplied 
with return water having a temperature of at least 90 [deg]F, but not 
more than 94 [deg]F. The maximum permissible variation of the return 
water temperature from the required value during the steady-state and 
heat-up tests shall not exceed  2 [deg]F, except during the 
first 30 seconds after start-up, when it shall not exceed  
10 [deg]F, and between 30 and 60 seconds after start-up, when it shall 
not exceed  5 [deg]F.

Calculations

    The boiler's LWTSE shall be determined by using the applicable 
calculations to determine AFUE specified under Section 10.0, 
Calculation of derived results from test measurement.

V. Summary and Request for Comments

    Today's notice announces PB's Petition for Waiver from the test 
procedures applicable to PB's PO-50, PO-60, PO-63 and PO-73 models of 
oil-fired boilers. The Department is publishing the PB Petition for 
Waiver in its entirety. The Petition contains no confidential 
information. Furthermore, PB requests the use of draft ASHRAE Standard 
103-2003 as an alternate test procedure. In this alternate test 
procedure, the Department would replace the supply water temperature 
requirements in the DOE test procedure with the requirements in draft 
ASHRAE Standard 103-2003.
    The Department is interested in receiving comments on all aspects 
of this notice. The Department is particularly interested in receiving 
comments and views of interested parties concerning whether to grant 
the PB Petition and regarding the proposed alternate test procedure. 
Specifically, the Department would like to receive comment on the 
following questions:
     Does the DOE test procedure provide results that are 
unrepresentative of the PB PO-50, PO-60, PO-63 and PO-73 models of oil-
fired boilers' energy consumption so as to provide materially 
inaccurate comparative data in all installations?
     Were PB to be granted a waiver, would it lead to a 
proliferation of petitions for waiver for other oil-fired boilers?
     Is the DOE test procedure appropriate for boilers used 
with baseboard convector heating systems?
     Are there other metrics that can be used to assess the 
performance of low-water-temperature boilers used with baseboard 
heating systems?
     Is it appropriate for PB to use the proposed alternate 
test procedure for ratings and representations, and compliance with 
energy efficiency standards, building codes and regulatory 
requirements?
     Should the Department prescribe for manufacturers the 
LWTSE for low-water-temperature boilers?
    In addition, the Department is interested in receiving comments on 
possible modifications to any test procedures or alternative rating 
methods which the Department could use to fairly represent the energy 
efficiency of PB's PO-50, PO-60, PO-63 and PO-73 models of oil-fired 
boilers. Any person submitting written comments must also send a copy 
of such comments to the petitioner, whose contact information is cited 
above.

    Issued in Washington, DC, on August 4, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
BILLING CODE 6450-01-P

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[FR Doc. 06-6897 Filed 8-11-06; 8:45 am]
BILLING CODE 6450-01-C?>