[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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  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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

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