[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Proposed Rules]
[Pages 56339-56347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23286]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2011-BT-TP-0007]
RIN 1904-AC44


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: Notice of proposed rulemaking and announcement of public 
meeting.

-----------------------------------------------------------------------

SUMMARY: In an earlier final rule, the U.S. Department of Energy (DOE) 
prescribed amendments to its test procedures for residential furnaces 
and boilers to include provisions for measuring the standby mode and 
off mode energy consumption of those products, as required by the 
Energy Independence and Security Act of 2007. These test procedure 
amendments are primarily based on provisions incorporated by reference 
from the International Electrotechnical Commission (IEC) Standard 62301 
(First Edition), ``Household electrical appliances--Measurement of 
standby power.'' This document proposes to further update the DOE test 
procedure through incorporation by reference of the latest edition of 
the industry standard, specifically IEC Standard 62301 (Second 
Edition). The new version of this IEC standard includes a number of 
methodological changes designed to increase accuracy while reducing 
testing burden. DOE's review suggests that this document represents an 
improvement over the prior version, so DOE has decided to exercise its 
discretion to consider the revised IEC standard. DOE is also announcing 
a public meeting to discuss and receive comments on the issues 
presented in this rulemaking.

DATES: Meeting: DOE will hold a public meeting on October 3, 2011, from 
9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast 
as a webinar. See section V, ``Public Participation,'' for webinar 
information, participant instructions, and information about the 
capabilities available to webinar participants.
    Comments: DOE will accept comments, data, and information regarding 
the notice of proposed rulemaking (NOPR) before and after the public 
meeting, but no later than November 28, 2011. For details, see section 
V, ``Public Participation,'' of this NOPR.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW., 
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at 
(202) 586-2945. Please note that foreign nationals visiting DOE 
Headquarters are subject to advance security screening procedures. Any 
foreign national wishing to participate in the meeting should advise 
DOE as soon as possible by contacting Ms. Brenda Edwards at the phone 
number above to initiate the necessary procedures.
    Any comments submitted must identify the NOPR on Test Procedures 
for Furnaces and Boilers, and provide the docket number EERE-2011-BT-
TP-0007 and/or regulatory information number (RIN) 1904-AC44. Comments 
may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: [email protected]: Include 
docket number EERE-2011-BT-TP-0007 and RIN 1904-AC44 in the subject 
line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
compact disc (CD), in which case it is not necessary to include printed 
copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please

[[Page 56340]]

submit all items on a CD, in which case it is not necessary to include 
printed copies.
    No telefacsimilies will be accepted. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see section V, ``Public Participation,'' of this document.
    Docket: The docket is available for review at http://www.regulations.gov, including Federal Register notices, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
http://www.regulations.gov index. However, not all documents listed in 
the index may be publicly available, such as information that is exempt 
from public disclosure.
    A link to the docket web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR%252BPS;rpp=10;po=0;D=EER
E-2011-BT-TP-0007. The http://www.regulations.gov web page contains 
simple instructions on how to access all documents, including public 
comments, in the docket. See section V, ``Public Participation,'' for 
further information on how to submit comments through http://www.regulations.gov.
    For further information on how to submit a public comment, review 
other public comments and the docket, or participate in the public 
meeting, please contact Ms. Brenda Edwards at (202) 586-2945 or by e-
mail: [email protected].

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-
0121. Telephone: (202) 586-9507. E-mail: [email protected].
    For information on how to submit or review public comments, contact 
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-2945. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Authority
II. Summary of the Proposed Rule
III. Discussion
    A. Use of IEC Standard 62301 (Second Edition), ``Household 
electrical appliances--Measurement of standby power''
    B. Rounding Guidance
    C. Sampling Plans for Standby Mode and Off Mode
    D. Effective Date and Compliance Date
    E. Compliance with Other EPCA Requirements
IV. 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
    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
V. Public Participation
    A. Attendance at the Public Meeting
    B. Procedures for Submitting Requests to Speak
    C. Conduct of the Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Background and Authority

    Title III, part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as 
codified) sets forth a variety of provisions designed to improve energy 
efficiency and established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, a program covering most major 
household appliances, including residential furnaces and boilers 
(referenced below as one of the ``covered products''). \2\ (42 U.S.C. 
6292(a)(5) and 6295(f))
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
part B was redesignated part A.
    \2\ All references to EPCA in this rulemaking refer to the 
statute as amended through the Energy Independence and Security Act 
of 2007, Public Law 110-140.
---------------------------------------------------------------------------

    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 pursuant to EPCA and for representing 
the efficiency of those products. (42 U.S.C. 6293(c); 42 U.S.C. 
6295(s)) Similarly, DOE must use these test procedures in any 
enforcement action to determine whether covered products comply with 
these energy conservation standards. (42 U.S.C. 6295(s)) Under 42 
U.S.C. 6293, EPCA sets forth criteria and procedures for DOE's adoption 
and amendment of such test procedures. Specifically, EPCA provides that 
``[a]ny test procedures prescribed or amended under this section shall 
be reasonably designed to produce test results which measure energy 
efficiency, energy use * * * or estimated annual operating cost of a 
covered product during a representative average use cycle or period of 
use, as determined by the Secretary [of Energy], and shall not be 
unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In addition, if 
DOE determines that a test procedure amendment is warranted, it must 
publish proposed test procedures and offer the public an opportunity to 
present oral and written comments on them. (42 U.S.C. 6293(b)(2)) 
Finally, in any rulemaking to amend a test procedure, DOE must 
determine ``to what extent, if any, the proposed test procedure would 
alter the measured energy efficiency * * * of any covered product as 
determined under the existing test procedure.'' (42 U.S.C. 6293(e)(1)) 
If DOE determines that the amended test procedure would alter the 
measured efficiency of a covered product, DOE must amend the applicable 
energy conservation standard accordingly. (42 U.S.C. 6293(e)(2))
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007 
amendments to EPCA, in relevant part, require DOE to amend the test 
procedures for all covered products to include measures of standby mode 
and off mode energy consumption. Specifically, section 310 of EISA 2007 
provides definitions of ``standby mode'' and ``off mode'' (42 U.S.C. 
6295(gg)(1)(A)) and permits DOE to amend these definitions in the 
context of a given product (42 U.S.C. 6295(gg)(1)(B)). The statute 
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: (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

[[Page 56341]]

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 the covered product, if technically 
feasible. (42 U.S.C. 6295(gg)(2)(A))
    Under the statutory provisions adopted by EISA 2007, any such 
amendment must consider the most current versions of IEC Standard 
62301, Household electrical appliances--Measurement of standby power, 
and IEC Standard 62087, Methods of measurement for the power 
consumption of audio, video, and related equipment.\3\ Id. At the time 
of enactment of EISA 2007, the most current versions of these standards 
were IEC Standard 62301 (First Edition 2005-06) and IEC Standard 62087 
(Second Edition 2008-09).
---------------------------------------------------------------------------

    \3\ 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. Accordingly, the 
narrow scope of this particular IEC standard reduces its relevance 
to today's proposal.
---------------------------------------------------------------------------

    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. This 
procedure establishes a means for determining annual energy efficiency 
and annual energy consumption of these products. On October 20, 2010, 
DOE prescribed its final rule (hereafter called the October 2010 final 
rule) amending the test procedures for residential furnaces and boilers 
to account for the standby mode and off mode energy consumption of 
these products, as required by EISA 2007. 75 FR 64621 (Oct. 20, 2010). 
For a more detailed procedural history of the test procedure rulemaking 
to address standby mode and off mode energy consumption of residential 
furnaces and boilers, please consult the October 2010 final rule. Id. 
at 64622.

II. Summary of the Proposed Rule

    As discussed above, EISA 2007 amended EPCA to require that DOE test 
procedures for covered products include provisions for measuring 
standby mode and off mode energy consumption. (42 U.S.C. 
6295(gg)(2)(A)) In establishing test procedures to address standby mode 
and off mode energy consumption, EISA 2007 requires consideration of 
the most current version of IEC Standard 62301 to support the added 
measurement provisions. Id. In the October 2010 final rule, DOE amended 
its test procedures to prescribe the use of IEC Standard 62301, 
``Household electrical appliances--Measurement of standby power,'' 
Publication 62301 First Edition 2005-06, which was the most current 
version of this standard at the time of its incorporation into the DOE 
regulations. This final rule fulfilled DOE's obligation under EISA 
2007.
    However, since that time, DOE has continued to address the 
requirements of EISA 2007 as it relates to standby mode and off mode 
for other products. For example, DOE is considering similar test 
procedure amendments for other heating products (water heaters, direct 
heating equipment, and pool heaters), and during that rulemaking, 
commenters identified improvements to IEC Standard 62301 that were 
under development and nearly finalized. These commenters, which are 
largely the same as those that would comment on the proposals for 
furnaces and boilers, supported the draft revisions to IEC Standard 
62301. The second edition of the standard has now been finalized. In 
the abstract of its January 27, 2011 publication, the IEC reports that 
the second edition would provide practical improvement and possible 
reduction in testing burden. DOE has reviewed IEC Standard (Second 
Edition) and agrees that the second edition does provide for 
improvement in terms of measurement accuracy and, in addition, provides 
for possible reduced testing burden by allowing for direct meter 
reading techniques where appropriate. DOE believes these improvements 
would be applicable to a variety of heating products, including 
furnaces and boilers, as well as the other heating products discussed 
above. Accordingly, after careful review, DOE has decided to exercise 
its discretion to consider adoption of the revised version of the 
industry standard into the DOE test procedure for residential furnaces 
and boilers. (42 U.S.C. 6293(b)(2)) Thus, in today's NOPR, DOE is 
proposing to incorporate into DOE's test procedure regulations the 
second edition of the IEC 62301 standard in its entirety, and call out 
the appropriate provisions of that standard in DOE's test procedure 
regulations for residential furnaces and boilers.

III. Discussion

A. Use of IEC Standard 62301 (Second Edition), ``Household Electrical 
Appliances--Measurement of Standby Power''

    As noted above, EPCA, as amended by EISA 2007, requires that DOE 
test procedures be amended to include standby mode and off mode energy 
consumption, taking into consideration the most current versions of 
Standards 62301 and 62087 of the International Electrotechnical 
Commission. (42 U.S.C. 6295(gg)(2)(A)) The October 2010 final rule 
referenced the IEC Standard 62301 (First Edition) to obtain the standby 
mode and off mode measured wattage for residential furnaces and 
boilers. The amended test procedure uses this measured wattage in 
calculations to accomplish the incorporation of standby mode and off 
mode energy consumption into the test procedures. Testimony at the 
public hearing and subsequent written comments suggested that IEC 
Standard 62301 (First Edition) may be unnecessarily burdensome to 
conduct for furnaces and boilers. Specifically, the Air-Conditioning, 
Heating and Refrigeration Institute (AHRI) recommended that to avoid 
unnecessary burden, the existing test procedure provisions should be 
used whenever there is a possible conflict with the IEC Standard 62301. 
A comment from the Government of China pointed out the same possible 
conflicts but only asked for clarification. (AHRI, No. 3 at p. 1, and, 
China, No. 09 at p. 1)
    DOE considered the comments received in response to the NOPR and 
provided clarification in the October 2010 final rule so as to avoid 
unnecessary burden. Specifically, because there was a possible conflict 
with the voltage and ambient temperature provisions of the existing 
procedures, the October 2010 final rule clarified where the IEC 
provisions apply and where the existing test procedure provisions 
apply. With this clarification in place, DOE concluded that IEC 
Standard 62301 (First Edition) is appropriate for obtaining standby 
mode and off mode wattage measurements for residential furnaces and 
boilers.
    As noted above, since the time of the October 2010 final rule, the 
IEC Standard 62301 technical committee has revised its standard. 
Specifically, a second edition of IEC Standard 62301 has been issued by 
IEC with a final publication date of January 27, 2011. This standard 
can be purchased at: http://www.iec.ch/index.htm. The IEC reports that 
the second edition provides technical improvement from the previous 
edition as follows:
     Greater detail in set-up procedures and introduction of 
stability requirements for all measurement methods to ensure that 
results are as representative as possible;
     Refinement of measurement uncertainty requirements for 
power measuring instruments, especially for

[[Page 56342]]

more difficult loads with high crest factor and/or low power factor; 
and
     Updated guidance on product configuration, 
instrumentation, and calculation of measurement uncertainty.
    DOE has conducted a review of IEC Standard 62301 (Second Edition), 
which is the most current version of this IEC standard. In its 
investigation, DOE determined that some improvement to the current DOE 
test procedure is possible with the incorporation of the second edition 
of the IEC standard as it applies to residential furnaces and boilers. 
Specifically, IEC Standard 62301 (Second Edition) revises the 
standard's power measurement accuracy provisions, based on technical 
submissions that showed the inability to achieve the accuracy levels 
required by the first edition for certain operating regimes through the 
use of typical instrumentation. A more comprehensive specification of 
required accuracy is provided in IEC Standard 62301 (Second Edition) 
that depends upon the characteristics of the power being measured. DOE 
believes that this most recent revision to the IEC standard provides 
improved and realistic accuracy provisions for a range of electricity 
consumption patterns, thereby making the updated test method 
appropriate for the variety of electricity-consuming devices that form 
part of residential furnaces and boilers. The new specification can be 
met by typical, commercially-available test equipment, whereas 
requirements in the first version may have necessitated specialized 
instrumentation that is not readily available. The uncertainty depends 
upon a value termed the Maximum Current Ratio (MCR), which is the ratio 
of the Crest Factor to the Power Factor of the signal. For signals with 
MCR's less than 10, the allowed instrument uncertainty would be 2 
percent at the 95th-percentile confidence interval for measured power 
values greater than 1.0 watt (W). For measured power values less than 
1.0 W, the maximum permitted absolute uncertainty should be less than 
or equal to 0.02 W at the 95th-percentile confidence interval. Both of 
these limitations on the level of uncertainty are sufficient to assess 
the standby energy consumption of residential furnaces and boilers.
    The other important change in IEC Standard 62301 (Second Edition) 
that relates to the measurement of standby mode and off mode power 
consumption in residential furnaces and boilers involves the 
specification of the stability criteria required to measure that power. 
IEC Standard 62301 (Second Edition) contains more detailed techniques 
to evaluate the stability of the power consumption and to measure the 
power consumption for loads with different stability characteristics. 
In IEC Standard 62301 (First Edition), the stability of the system is 
determined by measuring the power consumption over a 5-minute period. 
If the variation over that period is less than 5 percent, the signal is 
considered to be stable. There are potential operational modes, 
however, that could show variation over longer time frames. For 
example, an electronic component could go into a sleep mode after a 10-
minute period. This change in power consumption would not be captured 
in the 5-minute stability test. IEC Standard 62301 (Second Edition) 
acknowledges the existence of these different types of modes by 
creating stability tests for these variable power modes. For constant 
power modes, the test method specified in the second edition of IEC 
Standard 62301 matches that specified in the first edition. For 
cyclical power consumption, the second edition of IEC Standard 62301 
adds measurement provisions for situations in which the variation in 
the signal might not be constant over a 5-minute period. The power 
measurements would take at least 60 minutes; a test period of this 
duration is required to accurately capture standby mode and off mode 
energy consumption for equipment with varying power consumption and is 
an improvement introduced by IEC Standard 62301 (Second Edition) 
compared to IEC Standard 62301 (First Edition). These techniques will 
result in more complete and accurate measures of standby mode and off 
mode energy consumption over a variety of operational modes. The 
manufacturer is given a choice of measurement procedures, including 
less burdensome methods such as direct meter reading methods if certain 
clearly-described stability conditions are met. DOE believes that, if 
adopted, the changes incorporated in IEC Standard 62301 (Second 
Edition) would allow for use of less burdensome methods when 
appropriate and would ensure accurate measures of standby energy 
consumption over a range of operating conditions that may be present in 
residential furnaces and boilers.
    Accordingly, for the reasons discussed above, DOE is proposing to 
incorporate IEC Standard 62301 (Second Edition) in its entirety into 
the overall list of incorporated references in 10 CFR 430.3 and to call 
out the appropriate provisions of that standard in DOE's test procedure 
regulations for residential furnaces and boilers. To this end, this 
notice proposes to add a new reference in 10 CFR 430.3 to IEC Standard 
62301(Second Edition) along side the existing reference to IEC Standard 
62301 (First Edition). (Although DOE has tentatively determined that 
the provisions of IEC Standard 62301 (Second Edition) should be made 
applicable to residential furnaces and boilers, the Department is 
currently maintaining the existing reference to IEC Standard 62301 
(First Edition), because other products continue to reference that 
standard.)
    In addition, DOE is proposing a number of editorial changes in 
appendix N which are necessary to allow for the correct referencing for 
residential furnaces and boilers. For example, the definition section 
of the appendix needs to define the IEC Standard 62301 as the second 
edition instead of the first edition. Also, there are some section 
numbering differences in the second edition which impact the text of 
the measurement provisions of DOE's residential furnace and boiler test 
procedures. Finally, as an editorial improvement, DOE is unifying the 
standby mode and off mode nomenclature used in its various test 
procedures. Specifically, DOE's uniform nomenclature would use the 
expressions PW,SB and PW,OFF in all test 
procedures. All of these proposed changes are reflected in the 
regulatory text which can be found at the end of this NOPR.

B. Rounding Guidance

    IEC Standard 62301 (Second Edition) includes specific guidance on 
the allowed rounding for the various wattage measurements. For 
clarification purposes, DOE is proposing the IEC rounding guidance in 
this proposal. Specifically, it is proposed that the following sentence 
be added to the measurement sections 8.6.1 and 8.6.2: ``The recorded 
standby power (PW,SB) (or PW,OFF where 
appropriate) shall be rounded to the second decimal place, and for 
loads greater than or equal to 10W, at least three significant figures 
shall be reported.'' DOE requests comment as to the adequacy and 
appropriateness of this additional clarification.

C. Sampling Plans for Standby Mode and Off Mode

    Currently, sampling plans for residential furnaces and boilers are 
located in 10 CFR 429.18. These provisions of the test procedure 
specify the number of units of each basic model that a manufacturer 
must test to calculate the certified ratings for compliance and 
representation purposes. The sampling procedures

[[Page 56343]]

provide that `` * * * a sample of sufficient size shall be randomly 
selected and tested to ensure [compliance].'' Id. For residential 
furnaces, a minimum of two units must be tested to certify a basic 
model as compliant. This minimum is implicit in the requirement to 
calculate a mean--an average--which requires at least two values, and 
is consistent with the general rule articulated under 10 CFR 429.11(b). 
Under no circumstances is a sample size of one (1) Authorized. 
Manufacturers may need to test more than two samples depending on the 
variability of their sample. Consequently, DOE is proposing to apply 
the existing DOE sampling plans used by residential furnace and boiler 
manufacturers to determine the certified ratings for annual fuel 
utilization efficiency to the standby mode and off mode ratings. DOE 
seeks comment on the application of the existing DOE sampling plans to 
the new metrics PW,SB and PW,OFF.

D. Effective Date and Compliance Date

    The effective date for these amendments would be 30 days after 
publication of the test procedure final rule in the Federal Register. 
At that time, representations may be made using the new metrics 
PW,SB and PW,OFF and any other measure of energy 
consumption which depends on PW,SB and PW,OFF, 
which were adopted pursuant to these amendments. The compliance date 
for any representations relating to standby mode and off mode is 180 
days from date of publication of the test procedure final rule in the 
Federal Register; on or after that date, any such representations must 
be based upon results generated under these test procedures and 
sampling plans.
    However, DOE is clarifying here that use of these proposed test 
procedure amendments related to standby mode and off mode energy 
consumption of residential furnaces and boilers would not be required 
for purposes of energy conservation standards compliance, until the 
compliance date in the recently issued residential furnaces direct 
final rule (DFR), which adopted energy conservation standards for 
standby mode and off mode of residential furnaces. 76 FR 37408 (June 
27, 2011). However, DOE makes this statement with two caveats: (1) The 
DFR only addresses standards for furnaces and not boilers, so standby 
mode and off mode standards for boilers would only be addressed and 
apply on the compliance date for the next energy conservation standards 
rulemaking; and (2) the above-referenced compliance date presumes that 
the DFR will be finalized at the end of the statutorily-required 110-
day comment period.

E. Compliance With Other EPCA Requirements

    EPCA requires that any test procedures prescribed or amended must 
be reasonably designed to produce test results which measure energy 
efficiency, energy use, or estimated annual operating cost of a covered 
product during a representative average use cycle or period of use, and 
it must not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    Today's proposed amendments to the DOE test procedure for 
residential furnaces and boilers would incorporate the most current 
version of IEC Standard 62301 in lieu of the previous version. DOE 
believes these new provisions would continue to produce valid test 
results, while reducing testing burden. Accordingly, this proposal 
would meet the requirements of 42 U.S.C. 6293(b)(3).
    In addition, DOE has determined that these amendments would not 
alter the measured efficiency used for determining compliance with the 
current energy conservation standards and with future standards for 
standby mode and off mode for furnaces. (42 U.S.C. 6293(e)(1)) 
Accordingly, no modifications to the currently applicable energy 
conservation standards are required. (42 U.S.C. 6293(e)(2)) This is 
because the currently applicable energy conservation standard is based 
on the Annual Fuel Utilization Efficiency metric which does not include 
or depend on the proposed measures of energy consumption regarding 
standby mode and off mode. In addition, consistent with its mandate 
pursuant to EISA 2007, DOE is further clarifying here that use of these 
proposed test procedure amendments related to standby mode and off mode 
energy consumption, if adopted, would not be required for purposes of 
energy conservation standards compliance, until the compliance date of 
the next standards final rule that addresses standby mode and off mode. 
Relating to this emphasized phrase, DOE recently published a Direct 
Final Rule (DFR) which covered furnaces (but not boilers), and it 
establishes amended energy efficiency standards for furnaces, as well 
as standby mode and off mode energy conservation standards. 76 FR 37408 
(June 27, 2011). Lastly, DOE does not believe the proposed amendments, 
which propose to adopt a revised version of the IEC test procedure, 
would significantly alter the energy consumption as measured by the 
existing DOE test procedure provisions related to standby mode and off 
mode for residential furnaces and boilers, because the test procedure 
provisions of IEC Standard 62301 (Second Edition) are limited to 
providing additional accuracy for the measurements and clarification on 
the test method. Consequently, DOE does not believe that potential 
adoption of amendments pertaining to these clarifications and additions 
would alter any estimates of energy consumption under either DOE's 
current standards or the recently promulgated standards in the June 27, 
2011 direct final rule.

IV. 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 proposed rule would adopt 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 Standard 62301 (Second Edition). DOE reviewed today's proposed 
rule under

[[Page 56344]]

the provisions of the Regulatory Flexibility Act and the policies and 
procedures published on February 19, 2003. For the reasons explained 
below, DOE certifies that the proposed rule would not have a 
significant impact on a substantial number of small entities.
    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 (Second Edition), DOE 
has tentatively determined that the only possible additional burden 
represented by the adoption of IEC Standard 62301 (Second Edition) is 
associated with the testing time. For measurements of power consumption 
that are determined to be stable, test time would not change. Test time 
would increase under IEC Standard 62301 (Second Edition), as compared 
to IEC Standard 62301 (First Edition), should the stability test 
indicate that the power is being used in a variable manner. For these 
cases, the revised procedure would increase the time of measurement 
from the current 15 minutes to up to 60 minutes. No additional setup 
time would be required for these tests. This possible increase in test 
time does not necessarily require active labor, because no additional 
set up is required, and the additional time essentially amounts to a 
waiting period to determine stability. Nonetheless, assuming the 45 
minutes additional test time does incur additional labor cost, the 
worst-case estimate of an additional $30 per test unit is a small 
incremental change compared to the overall financial investment needed 
to undertake the business enterprise of testing consumer products. For 
these reasons, DOE does not believe that the proposed standby mode and 
off mode test procedure provisions would add significant costs and that 
it would not require any significant investment in test facilities or 
new equipment.
    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.\4\ DOE reviewed the Air-Conditioning, Heating, and 
Refrigeration Institute's Directory of Certified Product Performance 
for Residential Furnaces and Boilers (June 7, 2010),\5\ the ENERGY STAR 
Product Databases for Gas and Oil Furnaces (Jan. 4, 2010),\6\ the 
California Energy Commission's Appliance Database for Residential 
Furnaces and Boilers,\7\ and the Consortium for Energy Efficiency's 
Qualifying Furnace and Boiler List (2010).\8\ From this review, DOE 
found that there are approximately 14 small businesses in 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 proposed 
rule would not represent a substantial burden to any manufacturer, 
including small manufacturers, as explained above.
---------------------------------------------------------------------------

    \4\ U.S. Small Business Administration, Table of Small Business 
Size Standards (Nov. 5, 2010) (Available at: http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf).
    \5\ The Air-Conditioning, Heating and Refrigeration Institute, 
Directory of Certified Product Performance (June 7, 2010) (Available 
at: http://www.ahridirectory.org/ahridirectory/pages/home.aspx).
    \6\ The U.S. Environmental Protection Agency and the U.S. 
Department of Commerce, ENERGY STAR Furnaces--Product Databases for 
Gas and Oil Furnaces (Jan. 4, 2010) (Available at: http://www.energystar.gov/index.cfm?c=furnaces.pr_furnaces).
    \7\ The California Energy Commission, Appliance Database for 
Residential Furnaces and Boilers (2010) (Available at: http://www.appliances.energy.ca.gov/QuickSearch.aspx).
    \8\ Consortium of Energy Efficiency, Qualifying Furnace and 
Boiler List (2010) (Available at: http://www.cee1.org/gas/gs-ht/gs-ht-main.php3).
---------------------------------------------------------------------------

    Accordingly, DOE has not prepared a regulatory flexibility analysis 
for this rulemaking. DOE's certification and supporting statement of 
factual basis will be provided to the Chief Counsel for Advocacy of the 
SBA for review under 5 U.S.C. 605(b). DOE tentatively certifies that 
this rule would have no significant economic impact on a substantial 
number of small entities. DOE seeks comments regarding whether the 
proposed amendments in today's rule would have a significant economic 
impact on any small entities.

C. Review Under the Paperwork Reduction Act of 1995

    Today's proposed rule would impose 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

    In this rule, DOE is proposing to further 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 proposed 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 proposed rule, which would adopt 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 proposed rule, if 
adopted, would not affect the amount, quality, or distribution of 
energy usage, and, therefore, would not result in any environmental 
impacts.\9\ Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.
---------------------------------------------------------------------------

    \9\ 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 
proposed rule and has tentatively determined that it would not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and

[[Page 56345]]

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 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 proposed rule, which 
would modify 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 proposed 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 proposed 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 proposed 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 proposed 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

[[Page 56346]]

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 proposed rule would 
incorporate testing methods contained in the following commercial 
standard, the International Electrotechnical Commission (IEC) Standard 
62301, ``Household electrical appliances--Measurement of standby 
power'' (Second Edition 2011). DOE has evaluated this 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). DOE will consult with the Attorney General and 
the Chairman of the FTC concerning the impact on competition of 
requiring manufacturers to use the test methods contained in this 
standard before prescribing a final rule.

V. Public Participation

A. Attendance at the Public Meeting

    The time, date, and location of the public meeting are listed in 
the DATES and ADDRESSES sections at the beginning of this NOPR. To 
attend the public meeting, please notify Ms. Brenda Edwards at (202) 
586-2945. As explained in the ADDRESSES section, foreign nationals 
visiting DOE Headquarters are subject to advance security screening 
procedures.

B. Procedure for Submitting Requests to Speak

    Any person who has an interest in the topics addressed in this 
notice, or who is a representative of a group or class of persons that 
has an interest in these issues, may request an opportunity to make an 
oral presentation at the public meeting. Such persons may hand-deliver 
requests to speak to the address shown in the ADDRESSES section at the 
beginning of this notice between 9 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. Requests may also be sent by mail or 
email to Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121, or [email protected]. Persons who 
wish to speak should include with their request a computer diskette or 
CD-ROM in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format 
that briefly describes the nature of their interest in this rulemaking 
and the topics they wish to discuss. Such persons should also provide a 
daytime telephone number where they can be reached.
    DOE requests persons selected to make an oral presentation to 
submit an advance copy of their statements at least one week before the 
public meeting. DOE may permit persons who cannot supply an advance 
copy of their statement to participate, if those persons have made 
advance alternative arrangements with the Building Technologies 
Program. As necessary, requests to give an oral presentation should ask 
for such alternative arrangements.

C. Conduct of the Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also use a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 
6306). There shall not be discussion of proprietary information, costs 
or prices, market share, or other commercial matters regulated by U.S. 
anti-trust laws. A court reporter will be present to record the 
proceedings and prepare a transcript.
    The public meeting will be conducted in an informal, conference 
style. DOE reserves the right to schedule the order of presentations 
and to establish the procedures governing the conduct of the public 
meeting. DOE will present summaries of comments received before the 
public meeting, allow time for presentations by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
prepared general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will permit other 
participants to comment briefly on any general statements. At the end 
of all prepared statements on each specific topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others.
    Participants should be prepared to answer DOE's and other 
participants' questions. DOE representatives may also ask participants 
about other matters relevant to this rulemaking. The official 
conducting the public meeting will accept additional comments or 
questions from those attending, as time permits. The presiding official 
will announce any further procedural rules or modification of these 
procedures that may be needed for the proper conduct of the public 
meeting. After the public meeting, interested parties may submit 
further comments on the proceedings as well as on any aspect of the 
rulemaking until the end of the comment period.
    DOE will make the entire record of this proposed rulemaking, 
including the transcript from the public meeting, available for 
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant 
Plaza SW., Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Copies of the 
transcript will be posted on the DOE Web site and will also be 
available for purchase from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding the 
proposed rule before or after the public meeting, but no later than the 
date provided at the beginning of this notice. Comments, data, and 
information submitted to DOE's e-mail address for this rulemaking 
should be provided in WordPerfect, Microsoft Word, PDF, or text (ASCII) 
file format. Stakeholders should avoid the use of special characters or 
any form of encryption, and wherever possible, comments should include 
the electronic signature of the author. Comments, data, and information 
submitted to DOE via mail or hand delivery/courier should include one 
signed paper original. No telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document that 
includes all of the information believed to be confidential, and one 
copy of the document with that information deleted. DOE will make its 
own determination as to the confidential status of the information and 
treat it accordingly.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is

[[Page 56347]]

generally known by or available from other sources; (4) whether the 
information was previously made available to others without obligation 
concerning its confidentiality; (5) an explanation of the competitive 
injury to the submitting person that would result from public 
disclosure; (6) when such information might lose its confidential 
character due to the passage of time; and (7) why disclosure of the 
information would be contrary to the public interest.

E. Issues on Which DOE Seeks Comment

    Although comments are welcome on all aspects of this rulemaking, 
DOE is particularly interested in receiving comments and views of 
interested parties on the following issues:
    1. Appropriateness of measurement instrument uncertainty 
requirements of IEC Standard 62301 (Second Edition). DOE invites 
comment on the appropriateness of the measurement instrument 
uncertainty requirements specified in Section 4.4 of IEC Standard 62301 
(Second Edition) to measure standby mode and off mode power consumption 
for residential furnaces and boilers.
    2. Adequacy of the measurement approach described in IEC Standard 
62301 (Second Edition). DOE invites comments on the adequacy of the 
measurement provisions described in Section 5 of IEC Standard 62301 
(Second Edition) to measure standby mode and off mode power consumption 
for residential furnaces and boilers.
    3. Adequacy of clarification statements. DOE invites comments on 
the adequacy of incorporating into DOE regulations the following 
specific provisions from IEC Standard 62301 (Second Edition): Section 
4.4 and section 5 of IEC 62301 with the clarification statements in 
Section 8 of the DOE test procedures.
    4. Adequacy of rounding guidance. DOE invites comment on the 
incorporation of the IEC Standard 62301 (Second Edition) rounding 
guidance into the DOE test procedures' proposed measurements of 
PW,SB and PW,OFF.
    5. Adequacy of existing sampling plans. DOE invites comment on the 
application of the existing DOE sampling plans to standby mode and off 
mode measures of energy consumption, in particular by the newly 
proposed metrics PW,SB and PW,OFF.

VI. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on August 30, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
    For the reasons stated in the preamble, DOE proposes to amend part 
430 of Chapter II, Subchapter D of Title 10 of the Code of Federal 
Regulations, to read as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

    2. Section 430.3 is amended by:
    a. Removing, in paragraph (l)(1), the words ``Appendix N'';
    b. Adding a new paragraph (1)(2) to read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (l) * * *
* * * * *
    (2) International Electrotechnical Commission (IEC) Standard 62301 
(``IEC 62301''), Household electrical appliances--Measurement of 
standby power (second edition, February 2011), IBR approved for 
Appendix G, N, O, and P to Subpart B.
* * * * *

Appendix N [Amended]

    3. Appendix N to subpart B of part 430 is amended:
    a. In the second sentence of the introductory note by removing 
``April 18, 2011'' and adding in its place ``(date 180 days after 
publication of the test procedure final rule)'':
    b. In section 2.4., by removing the phrase ``(First Edition 2005-
06)'' and adding in its place ``(Second Edition 2011)'';
    c. In section 8.6.1, by removing after the first sentence the 
parenthetical expression ``(PSB)'' and adding in its place 
the parenthetical expression ``(PW,SB)'' and by removing in 
the third sentence, the phrase ``4.5 Power measurement accuracy'' and 
adding in its place, the phrase ``4.4 Power measurement instruments'' 
and by adding a sentence at the end of the section which reads: ``The 
recorded standby power (PW,SB) shall be rounded to the 
second decimal place, and for loads greater than or equal to 10W, at 
least three significant figures shall be reported.'';
    d. In section 8.6.2., by removing after the first sentence the 
parenthetical expression ``(POFF)'' and adding in its place 
the parenthetical expression ``(PW,OFF)'', by removing in 
the third sentence, the phrase ``4.5 Power measurement accuracy'' and 
adding in its place the phrase ``4.4 Power measurement instruments'', 
and by removing in the last sentence the equation ``POFF = 
PSB'' and adding in its place the equation 
``PW,OFF = PW,SB'', and by adding a sentence at 
the end of the section which reads: ``The recorded off mode power 
(PW,OFF) shall be rounded to the second decimal place, and 
for loads greater than or equal to 10W, at least three significant 
figures shall be reported.'';
    e. In section 9.0., by removing the expression ``POFF'' 
and adding in its place ``PW.OFF'', and by removing the 
expression ``PSB'' and adding in its place 
``PW.SB'', and ;
    f. In section 10.9., by replacing in both the equation and defined 
values the expressions ``PSB'' and ``POFF'' with 
``PW,SB'' and PW,OFF'' respectively.

[FR Doc. 2011-23286 Filed 9-12-11; 8:45 am]
BILLING CODE 6450-01-P