[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22252-22255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08750]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. BLR-007]


Notice of Petition for Waiver From Cleaver-Brooks From the 
Department of Energy Commercial Packaged Boiler Test Procedure

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

ACTION: Notice of petition for waiver and request for public comments.

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SUMMARY: This notice announces receipt of a petition for waiver from 
Cleaver-Brooks seeking an exemption from specified portions of the U.S. 
Department of Energy (DOE) test procedure applicable to commercial 
packaged boilers. Cleaver-Brooks contends that some of their commercial 
packaged boilers cannot be accurately tested using the currently 
applicable DOE test procedure and, as a result, seeks to use an 
alternate test procedure to test these basic models. DOE solicits 
comments, data, and information

[[Page 22253]]

concerning Cleaver-Brooks' petition and the suggested alternate test 
procedure.

DATES: DOE will accept comments, data, and information with respect to 
the Cleaver-Brooks petition until May 16, 2016.

ADDRESSES: You may submit comments, identified by case number ``BLR-
007,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case 
number [Case No. BLR-007] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2B, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Please submit one signed original paper 
copy.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit http://www.regulations.gov. 
Available documents include the following items: (1) This notice; (2) 
public comments received; and (3) the petition for waiver.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2B, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: [email protected].
    Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In a petition received July 24, 2015, 
Cleaver-Brooks requested that the U.S. Department of Energy (``DOE'') 
grant a waiver to certain models of larger commercial package boilers 
that cannot be tested under the existing DOE test procedure. The models 
of commercial packaged boilers at issue are models with higher input 
capacities that typically require higher steam pressure and alternative 
instrumentation due to the large quantities of fluids being measured.

I. Background and Authority

    Title III, Part C of the Energy Policy and Conservation Act of 1975 
(EPCA), as amended (42 U.S.C. 6311 et seq.), established the Energy 
Conservation Program for certain industrial equipment, which includes 
commercial packaged boilers.\1\ Part C specifically includes 
definitions (42 U.S.C. 6311), energy conservation standards (42 U.S.C 
6313), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 
6315), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6316). Part C authorizes the Secretary of 
Energy (the Secretary) to prescribe test procedures that are reasonably 
designed to produce results that measure energy efficiency, energy use, 
and estimated annual operating costs, and that are not unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(2)) With respect to 
commercial packaged boilers, Part C requires DOE to use industry test 
procedures developed or recognized by the Air-Conditioning, Heating, 
and Refrigeration Institute (AHRI) or the American Society of Heating, 
Refrigerating, and Air-Conditioning Engineers (ASHRAE), as referenced 
in ASHRAE/IES \2\ Standard 90.1, ``Energy Standard for Buildings Except 
Low-Rise Residential Buildings.'' (42 U.S.C. 6314(a)(4)(A)) Further, if 
such an industry test procedure is amended, DOE is required to amend 
its test procedure to be consistent with the amended industry test 
procedure, unless it determines, by rule published in the Federal 
Register and supported by clear and convincing evidence, that the 
amended test procedure would be unduly burdensome to conduct or would 
not produce test results that reflect the energy efficiency, energy 
use, and estimated operating costs of that equipment during a 
representative average use cycle. (42 U.S.C. 6314(a)(4)(B)). The test 
procedure for commercial packaged boilers is contained in 10 CFR part 
431, subpart E.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
    \2\ Illuminating Engineering Society.
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    DOE's regulations for covered products and equipment permit a 
person to seek a waiver from the test procedure requirements for 
covered commercial equipment if at least one of the following 
conditions is met: (1) The petitioner's basic model contains one or 
more design characteristics that prevent testing according to the 
prescribed test procedures; or (2) the prescribed test procedures may 
evaluate the basic model in a manner so unrepresentative of its true 
energy consumption as to provide materially inaccurate comparative 
data. 10 CFR 431.401(a)(1). Petitioners must include in their petition 
any alternate test procedures known to the petitioner to evaluate the 
basic model in a manner representative of its energy consumption. 10 
CFR 431.401(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 431.401(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 431.401(l).

II. Petition for Waiver of Test Procedure

    On July 24, 2015, Cleaver-Brooks submitted a petition for waiver 
from the DOE test procedure for certain basic models of its commercial 
packaged boilers. The DOE test procedure for commercial packaged 
boilers is set forth at 10 CFR 431.86 and incorporates by reference 
Hydronics Institute (HI) BTS-2000, ``Method to Determine Efficiency of 
Commercial Space Heating Boilers'' (BTS-2000).
    According to Cleaver-Brooks, there are several issues that make 
BTS-2000 incompatible with larger commercial packaged boilers, 
including those identified in its petition for waiver. Cleaver-Brooks 
stated that the requirements to use test conditions specified in BTS-
2000 and the instrumentation requirements are outdated. Specifically, 
Cleaver-Brooks indicated the following regarding the test conditions:
     The 0 to 2 psig test pressure for steam boilers may be 
adequate for residential and small commercial (cast iron) boilers sized 
[commercial packaged] boilers, however such steam pressures are not 
compatible with large [commercial packaged] boilers as it will cause 
water carryover in large quantities, and an inability to meet design 
water flow rates and firing rates;
     Typically test steam pressures in the range of 10 to 12 
psig are required; and
     Test temperatures defined for hot water [commercial 
packaged] boilers cause thermal shock problems in large [commercial 
packaged] boilers.
    Cleaver-Brooks also indicated the following regarding the 
instrumentation chart in Table 1 of section 6.0, ``Instruments,'' of 
BTS-2000:
     Steam pressure cannot be measured by mercury manometer as 
the use of

[[Page 22254]]

mercury in instruments and controls is banned; the correct instrument 
is a Bourdon Tube Gauge for pressures of 0 to 30 psig;
     Large boilers typically fire into a positive pressure 
combustion chamber, thus gas pressure, firebox pressure and vent/flue 
pressure instruments all need to reflect this;
     The use of scales to measure water/condensate/moisture 
flow rates is incompatible with the volume of these fluids being used 
or generated by large [commercial packaged] boilers;
     Water flow meters should be used and in the case of 
moisture content, current practice is to use a throttling calorimeter;
     The measurement of carbon dioxide as a means of 
calculating excess air or oxygen is considered obsolete in the large 
[commercial packaged] boiler industry; direct measurement of excess 
oxygen is the preferred method as modern oxygen meters can easily be 
calibrated against the oxygen in the ambient air;
     Carbon Monoxide levels are no longer measured as a 
percentage; the current preferred unit is parts per million (ppm).
    To address these concerns, Cleaver-Brooks proposes to use the newly 
published American National Standards Institute (ANSI)/Air-
Conditioning, Heating, and Refrigeration Institute (AHRI) 1500-2015, 
``Standard for Performance Rating of Commercial Space Heating Boilers'' 
(ANSI/AHRI Standard 1500-2015) in place of BTS-2000. AHRI developed 
ANSI/AHRI Standard 1500-2015 as a replacement for BTS-2000 in order to 
make the test procedure suitable for use with larger commercial 
packaged boilers, as well as improve and clarify the test method. 
Cleaver-Brooks claims that use of this ANSI/AHRI Standard 1500-2015 is 
necessary as it is compatible with the size of commercial packaged 
boilers they manufacture.
    Additionally, for the large commercial packaged boilers capable of 
supplying either steam or hot water identified in this petition, 
Cleaver-Brooks requests that, when determining the combustion 
efficiency in hot water mode based on testing in steam mode only, the 
combustion efficiency rating be determined based on an adjusted 
combustion efficiency. Cleaver-Brooks requests that an adjustment be 
made to the measured stack temperature to be used in calculating 
combustion efficiency based on the relative difference between the flue 
gas temperature and the bulk fluid temperature when operating in steam 
mode as opposed to hot water using the following relationship:
 Tstack, hw = (Tstack, steam - Tsat) + 
Tbulk, hw

where Tstack, hw is the stack temperature to be used to 
determine the combustion efficiency in hot water mode, 
Tstack, steam is the measured stack temperature when 
testing on steam, Tsat is the saturation temperature of 
steam at the test pressure, and Tbulk, hw is the 
temperature of the outlet water when testing in hot water mode and 
is equal to 180 [deg]F. According to Cleaver-Brooks, using this 
adjusted stack temperature to calculate combustion efficiency is a 
more accurate representation of the actual efficiency when operating 
as a hot water commercial packaged boiler than simply using 
combustion efficiency value for steam mode.

    The following basic models are included in Cleaver-Brooks' 
petition: CBEX-E, CBEX-P, 4WI/4WG, CBLE, CBR, CBL, CB, CFC, CFLC, CFW, 
CFH, FLX and M5.
    DOE notes that it has published a notice of proposed rulemaking 
(March 2016 CPB TP NOPR) to amend its test procedure for commercial 
packaged boilers prescribed in 10 CFR part 431 subpart E. 81 FR 14641 
(Mar. 17, 2016). The proposed amended test procedure addresses, among 
other changes, the issues raised in this waiver request by 
incorporating by reference ANSI/AHRI Standard 1500-2015 as a 
replacement for BTS-2000 in the DOE test procedure for commercial 
packaged boilers. In addition to adopting ANSI/AHRI Standard 1500-2015 
as a replacement for BTS-2000, DOE further proposes several 
modifications to its test procedure that are not captured in ANSI/AHRI 
Standard 1500-2015 in order to improve repeatability, add 
clarification, and accommodate testing of some equipment that has 
experienced difficulty in testing to the existing DOE test procedure. 
Among these changes, DOE proposes to adopt the stack temperature 
adjustment described by Cleaver-Brooks when using the tested combustion 
efficiency of large steam commercial packaged boilers to represent the 
combustion efficiency of large commercial packaged boilers in hot water 
mode.

III. Summary and Request for Comments

    Through this notice, DOE is publishing Cleaver-Brooks' petition for 
waiver pursuant to 10 CFR 431.401(b)(1)(iv). The petition contains no 
confidential information. The petition includes a suggested alternate 
test procedure applicable to measurement of energy efficiency of 
certain models of commercial packaged boilers manufactured by Cleaver-
Brooks.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure. Pursuant to 
10 CFR 431.401(d), any person submitting written comments to DOE must 
also send a copy of such comments to the petitioner. The contact 
information for the petitioner is: Peter A. Molvie, P.E., Manager, 
Codes & Standards, Cleaver-Brooks Product Development, 3232 W. 
Lancaster Ave., Milwaukee, WI 53209. All submissions received must 
include the agency name and case number for this proceeding. Submit 
electronic comments in WordPerfect, Microsoft Word, Portable Document 
Format (PDF), or text (American Standard Code for Information 
Interchange (ASCII)) file format and avoid the use of special 
characters or any form of encryption. Wherever possible, include the 
electronic signature of the author. DOE does not accept telefacsimiles 
(faxes).
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.

    Issued in Washington, DC, on April 7, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
From: Peter Molvie
Sent: Friday, July 24, 2015 2:44 p.m.
To: AS_Waiver_Request
Subject: RE: Test Procedure Waiver
    In accordance with the provisions of the Code of Federal 
Regulations Part 431, paragraph 431.401, Cleaver-Brooks is hereby 
petitioning for a waiver from the following test procedures specified 
for Commercial Packaged Boilers:
    1. Paragraph 431.86 Uniform test method for the measurement of 
energy efficiency of commercial packaged boilers. This section requires 
the boilers be tested using the provisions of HI BTS-2000. We propose 
to use the newly published AHRI 1500, 2015 Standard for Performance 
Rating of Commercial Space Heating Boilers. There are several issues 
that make BTS 2000 incompatible with the larger boilers that were 
identified in previous waiver requests. AHRI has worked diligently over 
the past year to revise BTS-2000 in order to address those issues and 
make BTS-

[[Page 22255]]

2000 suitable for use with larger boilers. AHRI Standard 1500 is the 
result of that work. Use of this new standard is required as it is 
compatible with the size boilers we manufacture.
    2. Paragraph 431.86(c)(1)(iv) The requirement to use test 
conditions specified in BTS-2000 specifically the requirements for the 
test pressure for steam boilers, the required water temperatures for 
hot water boilers and instrumentation requirements seem to refer back 
to the middle of the last century rather than the present day, for 
example:
     The 0 to 2 psig test pressure for steam boilers may be 
perfectly adequate for residential and small commercial (cast iron) 
boilers sized boilers, however is not compatible with large boilers as 
it will cause water carryover in large quantities, and an inability to 
meet design water flow rates and firing rates. Typically test pressures 
in range 10 to 12 psig are required.
     Test temperatures defined for hot water boilers are 
guaranteed to cause thermal shock problems in large boilers.
     The instrumentation chart, Table 1, has several problem 
areas, as follows:
    [cir] Steam pressure cannot be measured by mercury manometer as the 
use of mercury in instruments and controls is banned. The correct 
instrument is a Bourdon Tube Gauge 0 to 30 psig
    [cir] Large boilers typically fire into a positive pressure 
combustion chamber, thus gas pressure, firebox pressure and vent/flue 
pressure instruments all need to reflect this.
    [cir] The use of scales to measure water/condensate/moisture flow 
rates is incompatible with the sheer volume of these fluids being used 
or generated by large boilers. Water flow meters should be used and in 
the case of moisture content, current practice is to use a throttling 
calorimeter.
    [cir] The measurement of carbon dioxide as a means of calculating 
excess air or oxygen is considered obsolete in the large boiler 
industry. Direct measurement of excess oxygen is the preferred method 
as modern oxygen meters can easily be calibrated against the oxygen in 
the ambient air.
    [cir] Carbon Monoxide levels are no longer measured as a 
percentage. The current preferred unit is ppm.
AHRI 1500 has taken into account these changes.
    3. Paragraph 431.86(c)(2)(iii)(B) Rating. This paragraph specifies 
that for boilers capable of supplying either steam or hot water, that 
they are tested on steam only, the hot water efficiency shall be based 
on the testing in the steam mode. We propose to use an adjusted steam 
efficiency for hot water when testing on steam only. The adjustment is 
made to the measured stack temperature to be used in calculating 
efficiency based on the relative difference between the flue gas 
temperature and the bulk fluid temperature when operating on steam v 
hot water using the following relationship:

Tstackhw = (Tstacksteam-Tsat) + 
Tbulkhw
Where:

Tstackhw = Stack temperature to be used to determine the 
efficiency on hot water
Tstacksteam = Measured stack temperature when testing on 
steam
Tsat = Saturation temperature of steam at the test pressure
Tbulkhw = 180 [deg]F

    The dominant heat transfer variable for both steam and hot water 
boilers is the gas side coefficient and there is very little difference 
in the overall heat transfer coefficient between steam and hot water 
boilers. It is possible therefore to determine what a hot water boiler 
stack temperature will be, based on a steam test and the bulk fluid 
temperature difference within the boiler. We believe that using this 
adjusted stack temperature to calculate efficiency is a more accurate 
representation of the actual efficiency when operating as a hot water 
boiler than simply using the steam efficiency value.
    The basic models that this request is applicable to are as follows: 
CBEX-E, CBEX-P, 4WI/4WG, CBLE, CBR, CBL, CB, CFC, CFLC, CFW, CFH, FLX 
and M5.
    Other known Manufacturers of similar products are listed below. 
These manufacturers will be notified by Cleaver-Brooks of this waiver, 
if and when the deviation is granted, in accordance with paragraph 
431.401(c).

AESYS Technologies, LLC
Bryan Steam
Burnham Commercial
Easco
Fulton Boiler Works
Hurst
Johnston Boiler Company
Lattner Boiler Company
Miura
Precision Boilers LLC
Superior Boiler Works
Unilux
Vapor Power International LLC
Victory Energy Operations LLC
Williams & Davis
Peter A. Molvie, P.E.
Manager, Codes & Standards
Cleaver-Brooks Product Development
3232 W. Lancaster Ave.
Milwaukee, WI 53209
414-438-5465

[FR Doc. 2016-08750 Filed 4-14-16; 8:45 am]
 BILLING CODE 6450-01-P