[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Proposed Rules]
[Pages 78733-78748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26008]


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DEPARTMENT OF ENERGY

10 CFR Part 460

[Docket No. EERE-2016-BT-TP-0032]
RIN 1904-AC11


Energy Conservation Program: Test Procedures for Manufactured 
Housing

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Energy (DOE) is publishing a proposed 
rule to establish test procedures for manufactured housing (MH). This 
test procedure would support standards DOE is directed to establish by 
the Energy Independence and Security Act of 2007. DOE proposes to 
establish test procedures applicable to manufactured homes for 
determining compliance with the following metrics that were included in 
a June 17, 2016, notice of proposed rulemaking: The R-value of 
insulation; the U-factor of windows, skylights, and doors; the solar 
heat gain coefficient of fenestration; U-factor alternatives to R-value 
requirements; the air leakage rate of air distribution systems; and 
mechanical ventilation fan efficacy. DOE will accept comments regarding 
this proposed rule.

DATES: DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking (NOPR) no later than December 9, 2016. 
See section V, ``Public Participation,'' for details.

ADDRESSES: Any comments submitted must identify the ``Test Procedures 
NOPR for Manufactured Housing'' and provide docket number EERE-2016-BT-
TP-0032 and/or regulatory information number (RIN) number 1904-AC11. 
Comments may be submitted using any of the following methods:
    (1) Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    (2) Email: [email protected]. Include the 
docket number and/or RIN in the subject line of the message.
    (3) Mail: Mr. Joseph Hagerman, U.S. Department of Energy, Building 
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD, in which case it is not necessary to include printed copies.
    (4) Hand Delivery/Courier: Mr. Joseph Hagerman, U.S. Department of 
Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    Due to potential delays in DOE's receipt and processing of mail 
sent through the U.S. Postal Service, DOE encourages respondents to 
submit electronically to ensure timely receipt.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket Web page can be found at http://www.regulations.gov/#!docketDetail;D=EERE-2016-BT-TP-0032. The docket Web page will contain 
simple instructions on how to access all documents, including public 
comments, in the docket. See section V.A for information on how to 
submit comments through www.regulations.gov.
    For further information on how to submit a comment or review other 
public comments and the docket, send an email to 
[email protected].

[[Page 78734]]


FOR FURTHER INFORMATION CONTACT: Mr. Joseph Hagerman, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-2J, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-4549. Email: 
[email protected]. For information on legal issues presented 
in this document, contact: Ms. Kavita Vaidyanathan, U.S. Department of 
Energy, Forrestal Building, Office of the General Counsel (GC-33), 1000 
Independence Avenue SW., Washington, DC 20585; (202) 586-0669; 
[email protected].

SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the 
following industry standards into 10 CFR part 460:
    (1) ANSI/NFRC \1\ 100-2014, (``ANSI/NFRC 100''), Procedure for 
Determining Fenestration Product U-factors.
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    \1\ American National Standards Institute (ANSI). National 
Fenestration Rating Council (NFRC).
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    (2) NFRC 200-2014, (``NFRC 200''), Procedure for Determining 
Fenestration Product Solar Heat Gain Coefficient and Visible 
Transmittance at Normal Incidence.
    Copies of ANSI/NFRC 100 and NFRC 200 can be obtained from the 
National Fenestration Rating Council, 6305 Ivy Lane, Ste. 140, 
Greenbelt, MD 20770, 301-589-1776. http://www/nfrc/org/.
    (3) ASTM \2\ C518-15, (``ASTM C518-15''), Standard Test Method for 
Steady State Thermal Transmission Properties by Means of the Heat Flow 
Meter Apparatus.
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    \2\ American Society for Testing and Materials. ASTM.
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    (4) ASTM C1045-07(2013), (``ASTM C1045-07''), Standard Practice for 
Calculating Thermal Transmission Properties Under Steady-State 
Conditions.
    (5) ASTM E1554-13, (``ASTM E1554-13''), Standard Test Methods for 
Determining Air Leakage of Air Distribution Systems by Fan 
Pressurization.
    Copies of ASTM C518-15, ASTM C1045-07, and ASTM E1554-13 can be 
obtained from the American Society for Testing and Materials, 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9500. http://www.astm.org.
    (6) HVI \3\ Publication 916, (``HVI 916''), Air Flow Test 
Procedure, updated September 29, 2015.
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    \3\ Home Ventilating Institute. HVI.
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    Copies of HVI 916 can be obtained from the Home Ventilating 
Institute, 4915 Arendell St., Ste. J, PMB 311, Morehead City, NC 28557, 
855-484-8368. http://www.hvi.org.
    See section IV.M for a more detailed discussion of each of these 
industry standards.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    1. The International Energy Conservation Code
    2. Development of Proposed Energy Conservation Standards
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion of Proposed Test Procedures
    A. Applicability to All Manufactured Home Designs and 
Construction
    B. Energy Efficiency Metrics
    C. Incorporation by Reference of Industry Standard(s) for 
Proposed Metrics
    1. R-Value of Insulation
    2. U-Factor of Fenestration
    3. Uo Value, Performance Path
    4. U-Factor Alternatives to R-Value of Insulation
    5. SHGC of Fenestration
    6. Duct Air Leakage
    7. Mechanical Ventilation Fan Efficacy
    D. Sampling Plan and Represented Value
    E. Test Procedure Effective Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    1. Review of Manufactured Housing Manufacturers
    2. Burden of Conducting the Proposed DOE MH Test Procedure
    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 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. Description of Materials Incorporated by Reference
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

    The Energy Independence and Security Act of 2007 (EISA, Pub. L. 
110-140) directs the U.S. Department of Energy (DOE) to establish 
energy conservation standards for manufactured housing. EISA directs 
DOE to base the standards on the most recent version of the 
International Energy Conservation Code (IECC) and any supplements to 
that document, except where DOE finds that the IECC is not cost-
effective or where a more stringent standard would be more cost-
effective, based on the impact of the IECC on the purchase price of 
manufactured housing and on total lifecycle construction and operating 
costs. See 42 U.S.C. 17071(b)(1).
    Section 413 of EISA also provides that DOE may consider the design 
and factory construction techniques of manufactured housing; base the 
climate zones under the proposed rule on the climate zones established 
by HUD in 24 CFR part 3280 rather than the climate zones under the 
IECC; and provide for alternative practices that, while not meeting the 
specific standards established by DOE, result in net estimated energy 
consumption equal to or less than the specific energy conservation 
standards as proposed. See 42 U.S.C. 17071(b)(2). Finally, section 413 
of EISA authorizes DOE to impose civil penalties on any manufacturer 
that violates a provision of part 460. See 42 U.S.C. 17071(c).
    DOE is publishing this test procedure NOPR to implement the 
directive in EISA 2007 to establish energy conservation standards for 
manufactured housing. Test procedures are necessary to provide for 
accurate, comprehensive information about energy characteristics of 
manufactured homes and provide for the subsequent enforcement of the 
standards. See 42 U.S.C. 7254, 17071. The test procedure NOPR proposes 
applicable test methods to support the energy conservation standards 
for the proposed thermal envelope requirements, air leakage 
requirements, and fan efficacy requirements. The test procedure would 
therefore dictate the basis on which a manufactured home's performance 
is represented and how compliance with the proposed energy conservation 
standards, if adopted, would be determined.

B. Background

1. The International Energy Conservation Code
    The IECC is a nationally recognized model code, developed under the 
auspices of, and published by, the International Code Council (ICC), 
which many state and local governments have adopted in establishing 
minimum design and construction requirements for the energy efficiency 
of residential and commercial buildings, including site-built 
residential and modular homes. The IECC is developed through a 
consensus process that seeks input from industry stakeholders and is 
updated on a rolling basis, with new editions of the IECC published

[[Page 78735]]

approximately every three years. The IECC was first published in 1998, 
and it has been updated continuously since that time. The 2015 edition 
of the IECC (the 2015 IECC) was published in May 2014.
    Chapter 3 of the 2015 IECC provides general requirements for the 
code, including referenced test procedures for determining U-factor and 
solar heat gain coefficient (SHGC) of fenestration, and R-values of 
insulation. U-factor is the measure of the rate of heat loss or gain 
through fenestration. A lower U-factor value represents a lower rate of 
heat loss or gain. SHGC is the fraction of incident solar radiation 
admitted through fenestration. The lower the SHGC, the less solar heat 
fenestration transmits. R-value is the measure of a building 
component's ability to resist heat flow (thermal resistance). A higher 
R-value represents a greater ability to resist heat flow and generally 
corresponds with a thicker level of insulation.
    Chapter 4 of the 2015 IECC sets forth specifications for 
residential energy efficiency, including specifications for building 
thermal envelope energy conservation, thermostats, duct insulation and 
sealing, mechanical system piping insulation, circulating hot water 
system piping, and mechanical ventilation. Chapter 4 of the 2015 IECC 
was developed for residential buildings generally and are is not 
specific to manufactured housing.
    The 2015 IECC references NFRC 100 to determine the U-factor of 
fenestration, generally, and NFRC 200 to determine the SHGC of 
fenestration. To measure the R-value of insulation, the 2015 IECC 
references the R-value rule established by the U.S. Federal Trade 
Commission (i.e., 16 CFR part 460). Chapter 3 of the 2015 IECC does not 
address test procedures for determining U-factor alternatives to R-
values, air leakage rates of duct work, or mechanical ventilation fan 
efficacy.
2. Development of Proposed Energy Conservation Standards
    On June 17, 2016, DOE published a NOPR to establish energy 
conservation standards for manufactured housing (hereafter the June 
2016 energy conservation standards NOPR). See 81 FR 39756. The proposed 
standards were based upon consideration of information ascertained from 
consultation with HUD, state agencies, the manufactured housing 
industry, and the public. The NOPR also was based on consensus 
recommendations from a working group established under the Appliance 
Standards and Rulemaking Federal Advisory Committee (ASRAC) in 
accordance with the Federal Advisory Committee Act and the Negotiated 
Rulemaking Act. See 79 FR 41456; 5 U.S.C. 561-70, App. 2. The 
manufactured housing working group (MH working group) consisted of 
representatives of interested stakeholders with a directive to consult, 
as appropriate, with a range of external experts on technical issues in 
development of a term sheet with recommendations on proposed energy 
conservation standards. The MH working group's recommendations were 
based on the 2015 IECC and did not address proposed systems of 
compliance or enforcement. Further detail on the MH working group, 
stakeholder comments, and the rulemaking history was provided in the 
June 2016 energy conservation standards NOPR. See 81 FR 39756, 39761-
39766.
    A public meeting regarding the manufactured housing energy 
conservation standards was held on July 13, 2016, and the June 2016 
energy conservation standards NOPR provided for a comment period ending 
August 16, 2016. Comments provided to the June 2016 energy conservation 
standards NOPR and prior opportunities for comment, and the transcript 
from the public meeting, are available for public viewing at the 
regulations.gov Web page.\4\
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    \4\ See http://www.regulations.gov/#!docketDetail;D=EERE-2009-
BT-BC-0021.
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    In the June 2016 energy conservation standards NOPR, DOE proposed 
two compliance options for building thermal envelope requirements: A 
prescriptive option and a performance option. See 81 FR 39765, 39804. 
Under the prescriptive option DOE proposed minimum R-value requirements 
for ceiling, wall, and floor insulation; maximum U-factors for windows, 
skylights, and doors; and maximum SHGC requirements for glazed 
fenestration. The proposed prescriptive option also would provide 
manufacturers with the option of relying on U-factor alternatives to 
the R-value requirements. Under the performance option, DOE proposed a 
maximum Uo (i.e., overall thermal transmittance) for the building 
thermal envelope allowing manufacturers to optimize the performance of 
the various components of the manufactured house to meet the standards 
presumably with the least cost.
    In the June 2016 energy conservation standards NOPR, DOE did not 
propose test procedures for determining R-value, U-factor, or SHGC, for 
use under the prescriptive or performance option.\5\ DOE did propose to 
reference the test procedure incorporated in the current HUD 
regulations for determining U-factor alternatives under the performance 
option, i.e., ``Overall U-Values and Heating/Cooling Loads-Manufactured 
Home.'' Conner, C.C., Taylor, Z.T., Pacific Northwest Laboratory, 
published February 1, 1992 (Battelle Method). However, DOE did not 
propose a test procedure for determining U-factor alternatives under 
the prescriptive option.
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    \5\ The June 2016 energy conservation standards NOPR proposes 
prescriptive default values for the U-factor and SHGC of certain 
fenestration products and doors.
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    DOE also proposed standards for the maximum air leakage rate for 
duct systems and minimum mechanical ventilation system fan 
efficiencies. 81 FR 39756, 39806. DOE did not include test procedures 
for these proposed requirements.

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes test procedures to support the proposed 
manufactured housing thermal envelope requirements, air leakage 
requirements, and fan efficacy requirements proposed in a new part of 
the Code of Federal Regulations (CFR) under 10 CFR part 460. See 81 FR 
39756. The proposed test procedures are used as the basis for 
manufacturers to show compliance with the energy conservation 
standards, once finalized and compliance is required. This notice 
describes a method of test for each energy-related metric, how 
manufacturers select units for testing, the method by which 
representations are developed for each model, and the potential impacts 
of the proposed test procedures. Representations refer to any instance 
in which a manufacturer describes the ratings associated with the 
energy efficiency metric(s) are measured by the DOE test procedure.
    While DOE has proposed test methods for manufactured housing, DOE 
has not included or proposed any additional compliance or enforcement 
provisions at this time. DOE anticipates that it will address issues 
related to certification, compliance, and enforcement of the proposed 
standards in a separate rulemaking. DOE will address any associated 
costs resulting from the compliance or enforcement as part of that 
rulemaking.
    DOE's proposed actions relating to the test procedure are addressed 
in detail in the following sections of this notice.

III. Discussion of Proposed Test Procedures

    The following sections focus on DOE's test procedure proposal,

[[Page 78736]]

including metrics being measured, industry standards incorporated by 
reference, and effective date.

A. Applicability to All Manufactured Home Designs and Construction

    To support the June 2016 energy conservation standards NOPR, this 
test procedure applies to all manufactured homes meeting the proposed 
definition of manufactured home. In June 2016 energy conservation 
standards NOPR, DOE defined manufactured home as a structure, 
transportable in one or more sections, which in the traveling mode is 8 
body feet or more in width or 40 body feet or more in length or which 
when erected on-site is 320 or more square feet, and which is built on 
a permanent chassis and designed to be used as a dwelling with or 
without a permanent foundation when connected to the required 
utilities, and includes the plumbing, heating, air conditioning, and 
electrical systems contained in the structure. See 81 FR 39756 at 
39799, 39780 (June 17, 2016) for the full proposed definition of 
manufactured home.
    Typically, manufactured homes are one-story, single- or multi-
section homes. However, multi-story manufactured homes can be 
manufactured, and other less common constructions may also exist or be 
possible to manufacture. DOE requests comment on whether the proposed 
test procedures in section III.C apply to all constructions and designs 
of manufactured homes, and whether alternative test procedures are 
needed for certain manufactured housing constructions or designs. See 
section V.B for a list of issues on which DOE seeks comment.

B. Energy Efficiency Metrics

    In this test procedure NOPR, DOE proposes test methods to determine 
the represented values for the proposed energy efficiency metrics in 
the manufactured housing energy conservation standards. See 81 FR 
39756. Table III-1, Table III-2, Table III-3, Table III-4, and Table 
III-5 summarize the proposed energy conservation standards that would 
require test methods. MH manufacturers have the option of either using 
the prescriptive or performance path when designing a compliant 
manufactured home. All homes must follow the duct air leakage, hot 
water pipe insulation, and mechanical ventilation fan efficacy 
requirements. Additional prescriptive installation requirements (that 
do not involve testing) and other limitations are also outlined in the 
energy conservation standard NOPR. See 81 FR 39756.
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    \6\ The SHGC requirements listed in this table also apply to the 
performance path.
    \7\ The U-factor alternatives can be used in place of the R-
values listed in Table III-1.

                                                             Table III-1--Prescriptive Path
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Ceiling  R-                                     Window  U-     Skylight  U-                    Glazed  fenestration
           Climate zone                 value       Wall R-value    Floor R-value      factor          factor       Door U-factor         SHGC \6\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................              30              13              13            0.35            0.75            0.40  0.25.
2................................              30              13              13            0.35            0.75            0.40  0.33.
3................................              30              21              19            0.35            0.55            0.40  0.33.
4................................              38              21              30            0.32            0.55            0.40  No Rating.
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                            Table III-2--U-Factor Alternatives for Prescriptive Path
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                                                                    Ceiling  U-
                          Climate zone                              factor \7\     Wall U-factor  Floor U-factor
----------------------------------------------------------------------------------------------------------------
1...............................................................          0.0446          0.0943          0.0776
2...............................................................          0.0446          0.0943          0.0776
3...............................................................          0.0446          0.0628          0.0560
4...............................................................          0.0377          0.0628          0.0322
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                      Table III-3--Performance Path
------------------------------------------------------------------------
                                                     Single-     Multi-
                   Climate zone                      section    section
                                                        Uo         Uo
------------------------------------------------------------------------
1.................................................      0.087      0.084
2.................................................      0.087      0.084
3.................................................      0.070      0.068
4.................................................      0.059      0.056
------------------------------------------------------------------------


            Table III-4--Mechanical Ventilation Fan Efficacy
------------------------------------------------------------------------
                                                                Minimum
                                                                efficacy
                                                                 (cubic
                     Fan type description                       feet per
                                                                 minute
                                                                 [cfm]/
                                                                 Watt)
------------------------------------------------------------------------
Range hoods (all air flow rates).............................        2.8
In-line fans (all air flow rates)............................        2.8
Bathroom and utility room fans (10 cfm <= air flow rate < 90         1.4
 cfm)........................................................
Bathroom and utility room fans (air flow rate >= 90 cfm).....        2.8
------------------------------------------------------------------------


            Table III-5--Other Energy Conservation Standards
------------------------------------------------------------------------
         Requirement  description                Minimum requirement
------------------------------------------------------------------------
Duct Air Leakage..........................  4 cubic feet per minute per
                                             100 square feet of
                                             conditioned floor area.
Hot Water Pipe Insulation.................  R-3.
------------------------------------------------------------------------

    The test methods that are proposed in this NOPR are for the 
following metrics: (1) R-value of insulation, (2) U-factor of 
fenestration, (3) Uo value performance path, (4) Alternate U-factor of 
insulation, (5) SHGC of fenestration, (6)

[[Page 78737]]

Duct air leakage, and (7) Mechanical ventilation fan efficacy.

C. Incorporation by Reference of Industry Standard(s) for Proposed 
Metrics

    To determine represented values for the proposed energy efficiency 
metrics described in section III.A, DOE proposes to incorporate by 
reference industry-accepted test standards. Additionally, as described 
in section I.A, EISA directs that the proposed energy conservation 
standards be based on the most recent version of the IECC. Therefore, 
to align this test procedure with the proposed energy conservation 
standards, DOE has aligned the test methods in this test procedure with 
those specified by the 2015 IECC while accounting for the unique 
aspects of manufactured housing design and construction. Also, by 
aligning with industry-accepted test methods, it is expected that the 
DOE test procedures will be less burdensome than if DOE were to 
establish new test procedures for manufactured housing manufacturers 
(MH manufacturers).
    While the MH manufacturer would be responsible for complying with 
the proposed energy conservation standards, if finalized, DOE expects 
that MH manufacturers would choose to get the testing data from the 
entities manufacturing the components for manufactured homes. For the 
R-value of insulation, U-factor and SHGC of fenestration, and the 
mechanical ventilation fan efficacy, DOE anticipates that MH 
manufacturers would be able to rely on testing performed by and data 
supplied by the component manufacturers, DOE does not expect these 
particular proposed testing procedures to have a large cost impact on 
manufactured home entities. Instead, this specifies a pathway to 
demonstrate compliance with the proposed energy conservation standards. 
This NOPR proposes test methods to determine represented values for 
each of these energy efficiency metrics, based on current industry 
practice. As such, DOE anticipates that MH manufacturers would be able 
to rely on values currently being determined by component manufacturers 
and that are provided as part of the component specification sheets. 
DOE does expect that the MH manufacturer would have to perform the 
calculations to determine the Uo value if following the performance 
path (in proposed section Sec.  460.102(c)), and the alternate U-factor 
of insulation, in addition to having to perform the test for the total 
duct air leakage as this depends on the manufactured home design as a 
whole and not just the individual components.
    In the following sections, DOE describes the industry test 
standards being proposed to be incorporated by reference in this NOPR 
to determine represented values for the proposed energy efficiency 
metrics. DOE proposes that the regulatory text for the test procedure 
NOPR is inserted within the same sections of the proposed regulatory 
text from the energy conservation standards.
1. R-Value of Insulation
    DOE proposes to cross-reference U.S. Federal Trade Commission (FTC) 
regulations at 16 CFR part 460 (``FTC R-value rule'') to determine the 
R-value of insulation, with certain exceptions. The FTC R-value rule 
references industry standards for testing insulation, which are 
specific to the type of insulation and intended use. The rule is 
required for the labeling and advertising of home insulation. As such, 
the FTC R-value rule is widely used in industry to determine R-value of 
insulation. Additionally, FTC requires maintenance of records of the 
test procedures relied upon for compliance with the FTC R-value rule. 
See 16 CFR 460.9. Furthermore, the 2015 IECC references the same FTC R-
value rule in section R303.1.4 for determination of R-value of 
insulation.
    The FTC R-value rule provides a specification to test the 
insulation at a mean temperature of 75 degrees Fahrenheit and with a 
temperature differential of 50 degrees Fahrenheit plus or minus 10 
degrees Fahrenheit. DOE proposes to test at the same conditions in this 
NOPR.
    The exceptions to the FTC R-value rule that DOE is proposing 
include the following:
    (1) For all types of insulation except aluminum foil, heat flux 
would be measured only in accordance with ASTM C518-15, with the heat 
meter apparatus in the horizontal orientation. R-value would be 
calculated in accordance with ASTM C1045-07 (based upon heat flux 
measured according to ASTM C518-15,
    (2) In the case that uniform ceiling insulation thickness is not 
possible due to the truss heel height at the eaves of the roof, the 
ceiling insulation R-value would be the R-value listed on the 
insulation manufacturer's label (developed in accordance with 16 CFR 
460.12(b)(2)) corresponding to the minimum weight or number of bags of 
insulation installed by the manufactured home manufacturer.
    The following sections provide further discussion on each of the 
exceptions. In general, DOE requests comment on the percentage of 
insulation models used by the MH market that are already rated using 
the proposed test procedures, the cost of transitioning to these test 
procedures for those models that have not been tested in accordance 
with the proposed test procedure, and to what alternative test 
procedure these insulation models are testing in accordance with.
a. R-Value for All Types of Insulation Except Aluminum Foil
    DOE is proposing to include the following exception for measuring 
the heat flux to calculate R-value for all types of insulation except 
aluminum foil: For all types of insulation except aluminum foil, heat 
flux would be measured only in accordance with ASTM C518-15, with the 
heat meter apparatus in the horizontal orientation. Then, R-value would 
be calculated in accordance with ASTM C1045-07 based upon heat flux 
measured according to ASTM C518-15.
    The FTC R-value rule provides a number of industry standards as 
options for testing all types of insulation except aluminum foil. They 
include the following: ASTM C177-04, ``Standard Test Method for Steady-
State Heat Flux Measurements and Thermal Transmission Properties by 
Means of the Guarded-Hot-Plate Apparatus''; ASTM C518-04, ``Standard 
Test Method for Steady-State Thermal Transmission Properties by Means 
of the Heat Flow Meter Apparatus.''; ASTM C1114-00, ``Standard Test 
Method for Steady-State Thermal Transmission Properties by Means of the 
Thin-Heater Apparatus.''; and, ASTM C1363-97, ``Standard Test Method 
for the Thermal Performance of Building Assemblies by Means of a Hot 
Box Apparatus.'' \8\
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    \8\ The FTC regulations cite specific versions of the ASTM test 
methods; however, the FTC regulations also require use of any 
updates to the referenced ASTM test methods unless a person affected 
by the change can petitions the FTC not to adopt the change. See 16 
CFR 460.7.
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    DOE reviewed each of the industry standards to determine the 
differences between the standards, and whether any one of the standards 
could be used to test all types of insulation except aluminum foil. The 
primary difference among the industry standards is with respect to the 
apparatus used for measuring heat flow through the insulation sample, 
which could lead to slightly different measured values. Based on a 
review of specification sheets of insulation from multiple 
manufacturers, DOE determined that insulation manufacturers most 
commonly use ASTM C518 to test insulation for heat flux measurement. 
DOE understands that this is because

[[Page 78738]]

ASTM C518-15 is comparable with the other listed test procedures, but 
is more cost-effective, and less time consuming. DOE's understanding 
was supported by a discussion with a test lab that performs insulation 
testing. In addition, the same test lab informed DOE that it uses ASTM 
C518-15 more often than any other standard to test insulation. 
Therefore, it is DOE's understanding that ASTM C518-15 is the most 
widely-used industry standard to test all types of insulation except 
aluminum foil. To minimize the potential test burden on MH 
manufacturers, and reduce potential for variation in measured heat flux 
to calculate R-value for DOE's compliance or enforcement process, DOE 
is proposing to cross-reference the FTC R-value rule, but specify the 
use of the ASTM C518-15 option only.
    Within ASTM C518, there are provisions to use the heat meter 
apparatus either in the horizontal or vertical orientation. Based on 
discussions with the test lab, DOE proposes to test only in the 
horizontal orientation, as this orientation is what is widely used in 
the industry. Additionally, it is DOE's understanding that the 
horizontal orientation provides a more conservative R-value result 
because in a horizontal position, convective heat flow within the 
sample will make the sample less resistant to heat transfer, leading to 
a lower R-value than a vertical test.
    DOE seeks comment on the proposal to incorporate by reference only 
ASTM C518-15 for determinations of R-value of insulation for all types 
of insulation except aluminum foil. In addition, DOE also seeks comment 
regarding testing only using the horizontal orientation. See section 
V.B for a list of issues on which DOE seeks comment.
b. Ceiling Insulation R-Value
    In the case that uniform ceiling insulation thickness is not 
possible due to the truss heel height at the eaves of the roof, DOE 
proposes that the ceiling insulation R-value for loose-fill insulation 
would be the R-value listed on the insulation manufacturer's label 
(developed in accordance with 16 CFR 460.12(b)(2)) corresponding to the 
minimum weight or number of bags of insulation installed by the 
manufactured home manufacturer. To calculate the minimum weight of 
insulation, DOE proposes the MH manufacturer multiply the minimum 
weight per square foot of insulation for the required ceiling 
insulation R-value (developed in accordance with 16 CFR 460.12(b)(2)) 
by the surface area of the ceiling in square feet. To calculate the 
number of bags of insulation, DOE proposes the MH manufacturer multiply 
the number of bags of insulation per 1,000 square feet for the required 
ceiling insulation R-value (developed in accordance with 16 CFR 
460.12(b)(2)) by the surface area of the ceiling in square feet divided 
by 1,000 square feet.
    In the June 2016 energy conservation standards NOPR, DOE proposed 
that ceiling insulation must have either a uniform thickness or a 
uniform density. 81 FR 39756, 39804. However, DOE understands that 
there might be instances, specifically near the truss heel at the eaves 
of the roof, where uniform thickness might not be possible. The FTC R-
value rule does not address determining the R-value in such an 
application-specific instance. Therefore, in this case, DOE proposes to 
determine the ceiling insulation R-value corresponding to the mass or 
number of bags of insulation installed by the MH manufacturer. The FTC 
labeling requirements in 16 CFR 460.12(b)(2) require this information 
to be provided by insulation manufacturers.
    DOE seeks comment on the proposed exception that if uniform ceiling 
insulation thickness is not possible due to the truss heel height at 
the eaves of the roof, the ceiling insulation R-value is based on the 
R-value listed on the insulation manufacturer's label corresponding to 
the mass or number of bags of insulation installed by the manufactured 
home manufacturer. See section V.B for a list of issues on which DOE 
seeks comment.
    The test procedure for the determination of R-value of insulation 
is proposed in 10 CFR 460.102(d)(1) of the regulatory text.
2. U-Factor of Fenestration
    DOE proposes to incorporate by reference ANSI/NFRC 100 to determine 
the U-factor of fenestration. ANSI/NFRC 100 is an industry-accepted 
standard, which is based on simulation software to measure energy 
performance ratings. This standard provides specifications for 
simulation and testing, which include temperature, wind speed and solar 
irradiance. If simulation does not apply to a particular fenestration 
product, ANSI/NFRC 100 requires that NFRC 102 be used as a testing 
alternative to determine the tested total fenestration product U-
factor.\9\ NFRC 102 measures the thermal transmittance of fenestration 
systems mounted vertically in the thermal chamber.
---------------------------------------------------------------------------

    \9\ Section 4.1.2 of NFRC 100 states that if an individual 
product cannot be simulated in accordance with section 4.3.1, the 
testing alternative [NFRC 102] shall be used. Section 4.5 states 
that an accredited laboratory will have to state in the simulation 
report that it cannot simulate an individual product to a reasonable 
accuracy. Section 4.1.2 of NFRC 100 provides some examples of 
products that cannot be simulated, including non-planar products, 
for example, domed skylights without frames or flashing, and certain 
complex glazed products.
---------------------------------------------------------------------------

    Under ANSI/NFRC 100, an NFRC accredited laboratory is required to 
perform the simulation. For simulation under ANSI/NFRC 100, accredited 
laboratories must attend a certification workshop and pass examinations 
to achieve the status of NFRC Certified Simulator. In addition, NFRC 
accredited laboratories must maintain their simulation certification 
every year by participating in annual inter-laboratory comparison and 
by attending mandatory training workshops.
    NFRC standards are widely used by industry, in a variety of 
capacities. Many component manufacturers affix an NFRC label to their 
fenestration products, which includes the U-factor, SHGC, visible 
transmittance and air leakage values. While component manufacturers are 
not required to certify using the NFRC test standard, the NFRC program 
has a large number of participants (more than 500 manufacturers), and 
NFRC-certified products are frequently used to comply with local energy 
code requirements. In addition, a fenestration product must be NFRC-
certified to meet the criteria for becoming an ENERGY STAR product. 
Lastly, the 2015 IECC references ANSI/NFRC 100 in section R303.1.3 for 
fenestration product rating.
    The test procedure for the determination of U-factor of 
fenestration is proposed in 10 CFR 460.102(d)(3) of the regulatory 
text.
    DOE seeks comment on whether ANSI/NFRC 100 is an appropriate 
industry standard to determine the U-factor of fenestration. DOE also 
requests comment on the percentage of fenestration models used by the 
MH market that are already rated using the proposed test procedures, 
the cost of transitioning those fenestration models that have not been 
tested in accordance with the proposed test procedure, and to what 
alternative test procedure these fenestration models are testing in 
accordance with . DOE notes that any fenestration redesign cost for 
complying with the proposed MH fenestration requirements is addressed 
as part of the energy conservation standard. 81 FR 39756 (June 17, 
2016). See section V.B for a list of issues on which DOE seeks comment.
3. Uo Value, Performance Path
    In the June 2016 energy conservation standards NOPR, DOE proposed 
that

[[Page 78739]]

Uo \10\ would be determined in accordance with the Battelle Method. 81 
FR 39756, 39804. The Battelle Method currently is referenced in the HUD 
Code for calculation of overall thermal transmittance. See 24 CFR 
3280.508. In this test procedure NOPR, DOE continues to propose the 
Battelle Method, but with certain exceptions.
---------------------------------------------------------------------------

    \10\ Uo is a measurement of the heat loss or gain rate through 
the building thermal envelope of a manufactured home; therefore, a 
lower Uo corresponds with a more insulated building thermal 
envelope.
---------------------------------------------------------------------------

    The Battelle Method requires several inputs to calculate Uo, which 
include the R-value of insulation and the U-factor of fenestration 
products. In sections III.C.1 and III.C.2, DOE proposes to incorporate 
by reference certain industry test standards to measure the R-value of 
insulation and the U-factor of fenestration products, respectively. In 
this NOPR, DOE continues to propose that Uo must be determined in 
accordance with the Battelle Method. However, to provide consistency 
between the prescriptive option and performance option, DOE proposes 
that for the Uo calculation, the R-value of insulation must be 
determined as proposed in section III.C.1, and the U-factor of 
fenestration products must be determined as proposed in section 
III.C.2. The methods in proposed sections III.B.1 and III.B.2 would be 
used instead of the methods referenced by the Battelle Method.
    The additional instructions for the calculation of Uo are proposed 
in 10 CFR 460.102(e)(1)(i)-(ii) of the regulatory text.
4. U-Factor Alternatives to R-Value of Insulation
    DOE proposes to calculate the U-factor alternatives to R-value 
requirements in accordance with section 3.1 from the Battelle Method, 
with the additional instructions described in section III.C.3. Section 
3.1 of the Battelle Method provides a step-by-step method to calculate 
the component U-factors. In Step 1, the Battelle method states that 
window U-factors must be determined according to sections 4.2.1 and 
4.2.2, and Step 3 requires determining R-value for each material of 
each heat flow path. As discussed in section III.C.3, DOE is proposing 
reliance on the test methods for determining U-factor and R-values 
referenced in the proposed regulation in place of the test methods used 
in the Battelle method. Therefore, DOE is proposing the same approach 
to calculate the U-factor alternatives to R-value requirements.
    The calculation of the U-factor alternatives to R-value of 
insulation is proposed in 10 CFR 460.102(d)(5) of the regulatory text.
    DOE seeks comment on whether section 3.1 from Overall U-Values and 
Heating/Cooling Loads--Manufactured Homes is appropriate to calculate 
the U-factor alternative to R-value of insulation. See section V.B for 
a list of issues on which DOE seeks comment.
5. SHGC of Fenestration
    DOE proposes to incorporate by reference NFRC 200 to determine the 
SHGC for fenestration. Similar to ANSI/NFRC 100, NFRC 200 is also an 
industry-accepted standard, which is based on simulation software to 
measure energy performance ratings. This standard provides 
specifications for simulation and testing conditions. Under NFRC 200, 
an NFRC accredited laboratory is required to perform the simulation. 
The NFRC laboratory accreditation process is described in section 
III.C.2. If simulation cannot be performed to a reasonable accuracy, as 
determined by the NFRC accredited laboratory, NFRC 200 requires that 
NFRC 201 be used as a testing alternative to determine the component or 
total fenestration product SHGC. NFRC 201 measures the fenestration 
SHGC installed in a solar calorimeter.
    The NFRC test standards are also used for the NFRC label, which 
includes the U-factor, SHGC, visible transmittance and air leakage 
values. Further details regarding the NFRC label is provided in section 
III.C.2. Furthermore, the 2015 IECC references NFRC 200 in section 
R303.1.3 for fenestration product rating.
    The test procedure for the determination of the SHGC of 
fenestration is proposed in 10 CFR 460.102(d)(7) and 10 CFR 
460.102(e)(2) of the regulatory text.
    DOE seeks comment on whether NFRC 200 is an appropriate industry 
standard to determine the SHGC of fenestration. DOE also requests 
comment on the percentage of fenestration models used by the MH market 
that are already rated using the proposed test procedures, the cost of 
transitioning to these test procedures for fenestration models not 
already following the proposal, and to what alternative test procedure 
these fenestration models are testing in accordance with. DOE notes 
that any fenestration redesign cost for complying with the proposed MH 
fenestration requirements is addressed as part of the energy 
conservation standard. 81 FR 39756 (June 17, 2016). See section V.B for 
a list of issues on which DOE seeks comment.
6. Duct Air Leakage
    DOE proposes to incorporate by reference ASTM E1554-13 to determine 
the total air leakage standard for duct systems. In this NOPR, DOE 
proposes that duct air leakage per 100 square feet of conditioned floor 
area (Qduct leakage,total) would be determined according to 
the following equation:
[GRAPHIC] [TIFF OMITTED] TP09NO16.016

Where:

Qduct air leakage = duct air leakage per 100 square feet 
of conditioned floor area, (cubic feet per minute per 100 square 
feet of conditioned floor area)
Qduct leakage,total = measured total air leakage of the 
duct system, determined in accordance with ASTM E1554-13, Test 
Method D, as calculated in section 9.4 (cubic feet per minute)
Afloor,conditioned = total conditioned floor area (square 
feet)

    ASTM E1554-13 is the industry standard for measuring duct air 
leakage via pressurization.\11\ ASTM E1554-13 prescribes four test 
methods for measuring air leakage from a duct system (Test Methods A 
through D). Test Methods A, B, and C determine air leakage only to the 
outside of the building, while Test Method D measures total air 
leakage, including leakage to the inside of the building. Of the 
methods provided in ASTM E1554-13, DOE has initially determined that 
Test Method D produces the ratings needed to determine total air 
leakage. Further, Test Method D is consistent with the test conditions 
described in section R403.3.3 of the 2015 IECC (the basis of the 
proposal in the June 2016 energy conservation standards NOPR), which 
calls for measurement of total air leakage of the duct system. The 2015

[[Page 78740]]

IECC describes certain test conditions for duct testing to determine 
total air leakage from the duct system (pressure differential of 0.1 
inch w.g. [25 Pa] and sealing all registers during testing). However, 
the 2015 IECC does not prescribe a specific procedure for duct testing. 
Therefore, DOE proposes that duct air leakage per 100 square feet of 
conditioned floor area be determined in accordance with Test Method D 
of ASTM E1554, as calculated in section 9.4 of the ASTM standard.
---------------------------------------------------------------------------

    \11\ ``Field Test Best Practices--Duct Pressurization Testing.'' 
National Renewable Energy Laboratory Building Research. https://buildingsfieldtest.nrel.gov/duct_pressurization_testing.
---------------------------------------------------------------------------

    DOE expects that testing will be performed by the MH manufacturer 
in the factory before being installed in the field for both single- and 
multi-section homes. For multi-section homes, in many cases it will be 
impractical and/or costly to assemble the homes (by connecting the duct 
systems). For this reason, DOE proposes that the MH manufacturer test 
each section of the multi-section home separately. As with single 
section homes, the manufacturer would follow ASTM E1554-13, Test Method 
D, and seal all interior air vents and registers. In addition, the 
manufacturer would seal any duct openings that are intended to connect 
ducts between sections of the home, unless that duct opening is being 
used as an inlet to pressurize the duct system. The MH manufacturer 
would then compute the total duct air leakage for the entire home based 
on the summation of the leakage measured for each section.
    The test procedure for determination of total duct air leakage is 
proposed in 10 CFR 460.201(b) of the regulatory text.
    DOE seeks comment on whether ASTM E1554-13, Test Method D, is an 
appropriate industry standard to determine total duct air leakage for 
both single- and multi-section homes. DOE also seeks comment on its 
proposal for determining the total duct air leakage of multi-section 
homes by measuring the duct air leakage of each section separately, and 
whether alternative methods should be considered. See section V.B for a 
list of issues on which DOE seeks comment.
7. Mechanical Ventilation Fan Efficacy
    DOE proposes to incorporate by reference HVI 916 to determine the 
mechanical ventilation fan efficacy. HVI 916 is published by the Home 
Ventilating Institute (HVI), and used for HVI-certified ratings 
programs. DOE has initially determined that the HVI 916 air flow test 
procedure establishes uniform methods for laboratory testing of powered 
home ventilating equipment for airflow rate (in cubic feet per minute 
per Watt, or cfm/W). HVI 916 describes the test equipment and the test 
methods for specific HVI classification groups.
    DOE also sought to propose a fan efficacy test procedure consistent 
with the basis of the proposed energy conservation standard. While the 
2015 IECC (the basis of the proposed fan efficacy standards) does not 
provide any specific test methods to determine fan efficacy, the 
prescribed efficacy levels in the 2015 IECC are based on the current 
ENERGY STAR specifications. HVI 916 is one of the referenced test 
methods for ENERGY STAR, so through incorporating by reference HVI 916, 
DOE ensures that the test procedure produces ratings on which the 
energy conservation standard is based.
    ENERGY STAR provides another test method to determine airflow 
rating in addition to HVI 916, i.e., ANSI/Air Movement and Control 
Associations International, Inc. (AMCA) 210-07, (``ANSI/AMCA 210-07''), 
``Laboratory Methods of Testing Fans for Aerodynamic Performance 
Rating''.\12\ ANSI/AMCA 210-07 provides general test methods to 
determine airflow rate for several different types of fans, not just 
home ventilation fans. However, this NOPR is focused only with the 
mechanical ventilation fan efficacy requirement, and HVI 916 is a test 
standard that is specific to home ventilation fans. Additionally, HVI 
916 references ANSI/AMCA 210 as the primary standard for HVI airflow 
test and calculation within the standard. Therefore, because HVI 916 is 
specific to home ventilation fans and also references the general fan 
test standard, incorporating by reference HVI 916 is sufficient to 
determine mechanical ventilation fan efficacy.
---------------------------------------------------------------------------

    \12\ Energy Star Ventilation Fans Key Product Criteria. https://www.energystar.gov/products/heating_cooling/fans_ventilating/key_product_criteria.
---------------------------------------------------------------------------

    DOE is also proposing to use test conditions specified by ENERGY 
STAR instead of the corresponding test conditions specified in HVI 916. 
DOE is specifying these test conditions to keep consistent with how the 
industry is currently testing fans to certify to ENERGY STAR (for 
consistency with the basis of DOE's proposed fan efficacy standard). 
Specifically, ENERGY STAR includes test conditions specifying test 
static pressures, test speeds, and testing configurations when using 
HVI 916. The test conditions that DOE proposes in this test procedure 
are the following:
    (1) Bathroom and utility room fans with more than one speed that 
are vented externally, and in-line fans with more than one speed, must 
be tested and meet the performance criteria at each speed. A fan of 
this type that has a rotary speed dial or similar mechanism that allows 
for a theoretically infinite number of speeds must be tested and meet 
the applicable efficacy of this specification at its minimum and 
maximum speeds.
    (2) Fans must be tested at the following static pressures to 
determine the airflow and efficacy: For ducted fans, conduct tests at 
0.1 inch water gauge static pressure; for direct discharge (non-ducted) 
fans, conduct tests at 0.03 inch water gauge static pressure; for in-
line fans,\13\ conduct tests at 0.2 inch water gauge static pressure.
---------------------------------------------------------------------------

    \13\ An in-line fan is a fan designed to be located within the 
building structure and that requires ductwork on both intake and 
exhaust.
---------------------------------------------------------------------------

    (3) Test range hood fans at working speed, as specified in HVI 916 
(incorporated by reference; see 10 CFR 460.3), to determine the airflow 
and efficacy. Range hoods must meet the minimum efficacy requirements 
in each possible configuration (horizontal and vertical) at working 
speed.
    (4) When calculating efficacy, only measure the fan motor 
electrical energy consumption. Energy used for other fan auxiliaries 
(e.g., lights, sensors, heaters, timers, or night lights) is not 
included in the determination of fan efficacy. Therefore, to measure 
fan power, switch off all fan auxiliaries.
    DOE is also aware that ENERGY STAR includes a qualification 
criteria beyond efficacy requirements for the installed fan 
performance, with the exception of in-line, direct discharge fans and 
range hood models. This qualification criteria requires that ducted 
products be tested at 0.25 inch water gauge static pressure in addition 
to 0.1 inch water gauge static pressure, and that the airflow delivered 
at 0.25 inch water gauge static pressure shall be equal to or greater 
than 70 percent of tested airflow delivered at 0.1 inch water gauge 
static pressure. This additional qualification criteria was added to 
ENERGY STAR specifications to allow for quality assurance of installed 
efficacy. DOE has only included testing at 0.1 inch water gauge static 
pressure because the energy conservation standard is based on fan 
performance at 0.1 inch water gauge static pressure.
    The test procedure for determination of mechanical ventilation fan 
efficacy is proposed in 10 CFR 460.204(c) of the regulatory text.
    DOE seeks comment on incorporating by reference only HVI 916 to 
determine mechanical ventilation fan efficacy. In addition, DOE seeks 
comment on the number of speeds, and the static

[[Page 78741]]

pressures being proposed. DOE also requests comment on the percentage 
of mechanical ventilation fan units used by the MH market that are 
already rated using the proposed test procedures, the cost of 
transitioning to these test procedures for manufacturers not already 
following the proposal, and to what alternative test procedure these 
mechanical ventilation fan units are testing in accordance with. See 
section V.B for a list of issues on which DOE seeks comment.

D. Sampling Plan and Represented Value

    As previously discussed, DOE potentially will address the 
certification requirements \14\ for MH manufacturers in a separate 
rulemaking. DOE is considering that for some of the requirements, the 
basis on which a manufactured home's performance is represented and how 
the manufactured home's performance would be compared to energy 
conservation standards would be the average of values generated from 
testing at least one unit. In this notice, DOE proposes that to the 
extent that a represented value for the purpose of certification is 
based on an average value, the represented value must be based on a 
sample size of at least one tested unit. DOE is requesting comments on 
the certification costs and requirements associated with conducting 
these manufactured home performance test(s). The represented value 
would be the arithmetic mean of the test values and that testing of at 
least one sample would be required. Samples for testing would be 
required to be selected at random.
---------------------------------------------------------------------------

    \14\ Certification requirements refer to the administrative 
process of demonstrating compliance to DOE. This process would rely 
on data generated in accordance with this proposed test procedure, 
including the sampling plan.
---------------------------------------------------------------------------

    For testing applicable to components, DOE is proposing that the 
individual components tested would not be required to be selected from 
components actually installed by the MH manufacturer in a manufactured 
home. DOE is not proposing to require that a MH manufacturer directly 
perform the testing of components. DOE expects that MH manufacturers 
would be able to rely on testing performed by the component 
manufacturer. DOE expects that the tests can be performed on components 
prior to installation in the home. As such, DOE is proposing that the 
individual components selected for testing be representative of the 
components installed in the manufactured home.
    DOE is further proposing that any representation made by a MH 
manufacturer of the performance of a manufactured home or a component, 
as compared to an energy conservation standard established by DOE, 
could not be more favorable than the mean value derived from sampling. 
For example, if a MH manufacturer were to make a representation of the 
efficacy of a mechanical ventilation fan, for which a minimum standard 
is proposed, the MH manufacturer would be prohibited from representing 
the fan as more efficient than the mean value calculated from sampled 
units, and as less efficient than the energy conservation standard. DOE 
is also clarifying that the proposed energy conservation standards 
should also be computed with the mean values for those standards that 
are expressed as functions.
    DOE requests comment on the proposed sampling plan and method for 
calculating a represented value. DOE is particularly seeking comment on 
the proposed minimum sample size.

E. Test Procedure Effective Date

    If adopted, the effective date for this manufactured housing test 
procedure would be 30 days after publication of the test procedure 
final rule in the Federal Register.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
test procedure rulemaking is a ``significant regulatory actions'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
58 FR 51735 (Oct. 4, 1993). Accordingly, this action was subject to 
review under the Executive Order by the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IFRA) 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. 
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: http://energy.gov/gc/office-general-counsel.
    DOE reviewed the proposals for testing various categories of 
manufactured homes as proposed in this NOPR under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE preliminarily certifies that the proposed rule, 
if adopted, would not have a significant economic impact on a 
substantial number of small entities. The factual basis for this 
certification is set forth in the following paragraphs. DOE will 
transmit the certification and supporting statement of factual basis to 
the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 
605(b).
1. Review of Manufactured Housing Manufacturers
    For the manufacturers of manufactured homes, the Small Business 
Administration (SBA) has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. 13 CFR part 121. The size standards are listed by NAICS code and 
industry description and are available at http://www.sba.gov/content/table-small business-size-standards. The covered manufacturers are 
classified under NAICS 321991, ``Manufactured Home (Mobile Home) 
Manufacturing.'' The SBA sets a threshold of 1,250 employees or less 
for an entity to be considered as a small business for this category.
    To assess the potential impacts of this rulemaking on small 
entities, DOE conducted a focused inquiry of the companies that could 
be small business manufacturers of manufactured homes. During its 
market survey, DOE used available public information to identify 
potential small manufacturers. DOE's research involved individual 
company Web sites and market research tools (e.g., Hoovers reports 
\15\) to create a list of companies that manufacture homes covered by 
this rulemaking. DOE also asked stakeholders and industry 
representatives if they were aware of any other small manufacturers.
---------------------------------------------------------------------------

    \15\ Hoovers. http://www.hoovers.com/.
---------------------------------------------------------------------------

    DOE identified thirty-seven manufacturers of manufactured homes. Of 
the thirty-seven, DOE identified thirty-one manufacturers that 
qualified as domestic small businesses.

[[Page 78742]]

2. Burden of Conducting the Proposed DOE MH Test Procedure
    DOE currently does not have a test procedure for manufactured 
housing. As described in the preamble, this test procedure proposes 
test methods for the following metrics: (1) R-value of insulation, (2) 
U-factor of fenestration, (3) Uo value, performance path, 
(4) Alternate U-factor of insulation, (5) SHGC of fenestration, (6) 
Duct air leakage, and (7) Mechanical ventilation fan efficacy.
    For the R-value of insulation, U-factor and SHGC of fenestration, 
and mechanical ventilation fan efficacy, DOE anticipates that MH 
manufacturers would be able to use values currently provided by 
component manufacturers as part of the component specification sheets 
(because DOE's proposed test procedure matches current industry 
practice). Insulation manufacturers are required to test and label the 
R-value of insulation under the FTC R-value rule. It is DOE's 
understanding based on a review of the market that fenestration 
manufacturers routinely provide the U-factor and SHGC values of their 
products. Similarly, DOE understands that manufacturers of mechanical 
ventilation fans routinely provide the fan efficacy of their products 
consistent with the test procedures proposed in this notice. Therefore, 
DOE does not anticipate added test costs for MH manufacturers related 
to these metrics.
    For the Uo value--performance path and the alternate U-
value of insulation calculations, DOE proposes using the Battelle 
Method, which is currently referenced in the HUD Code for calculation 
of overall thermal transmittance. Because MH manufacturers are already 
required to perform these calculations for the HUD Code, DOE believes 
there would be no added test cost for these calculations as proposed in 
this NOPR. Therefore, in this IRFA, DOE is only assessing the potential 
impacts of duct air leakage test method on small manufacturers.
    To determine the costs of the duct air leakage, DOE obtained input 
from the MH working group and estimates from publically available 
literature. During discussions of the MH working group, manufacturers 
expressed a view they would likely test every home's duct leakage to 
minimize risk of non-compliance with duct leakage standards. See 9/22/
2014 WG Transcript, EERE-2009-BT-BC-0021-0102 at pp. 318-338. Hammon 
and Modera estimated a testing cost range of $131 to $163 per home in 
1996, derived from a survey of 12 builders and 19 HVAC 
subcontractors.\16\ For this analysis, DOE used the high limit of this 
range, $163 per home in 1996 dollars, inflated to $233 per home in 2015 
dollars using the GDP price deflator from the United States Bureau of 
Economic Analysis.
---------------------------------------------------------------------------

    \16\ Hammon, R.W. and Modera, M.P. ``Improving the Energy 
Efficiency of Air Distribution Systems in New California Homes.'' 
Proceedings of the 1996 ACEEE Summer Study on Energy Efficiency in 
Buildings. Vol. 2. 1996.
---------------------------------------------------------------------------

    DOE estimated the average number of homes produced per small 
manufacturer to be 682 homes. DOE determined this based on manufacturer 
interviews, manufactured housing shipments per year, and number of 
small manufacturers. Based on interviews, DOE determined that the top 
five large manufacturers control 70 percent of the market. Therefore, 
DOE assumed that the small manufacturers represented the remainder of 
the market, which is 30 percent. Based on the manufacturer housing 
institute (MHI) shipment data for 2015, there were 70,519 manufactured 
home shipments for that year. Therefore, the total number of 
manufactured homes produced by small manufacturers is 21,156. Based on 
thirty-one small manufacturers, DOE calculated the average number of 
homes produced per small manufacturer to be 682 homes. Therefore, to 
test each home at a cost of $233 per unit, the average total cost of 
testing is $158,906 per manufacturer.
    DOE requests comment on the estimate of duct testing costs of $233 
per home and any costs data or information on the duct testing cost for 
all types of manufactured housing covered by the rule including single 
section, multi-section, and multi-story manufactured housing. DOE also 
requests comment on testing burden specific to small MH manufacturers, 
and whether testing alternatives are available to reduce testing burden 
for all manufacturers. See section V.B for a list of issues on which 
DOE seeks comment.

C. Review Under the Paperwork Reduction Act of 1995

    This rulemaking does not include any information collection 
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

D. Review Under the National Environmental Policy Act of 1969

    In this notice, DOE proposes test procedures that it expects will 
be used for energy conservation standards for manufactured homes. DOE 
has determined that this rule falls into a class of actions that are 
categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, this proposed rule would 
establish test procedures without affecting the amount, quality or 
distribution of energy usage, and, therefore, would not result in any 
environmental impacts. Thus, this rulemaking is covered by Categorical 
Exclusion A6 under 10 CFR part 1021, subpart D, which applies to any 
rulemaking that is strictly procedural. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. 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 it will follow in the development of such 
regulations. 65 FR 13735.
    DOE has examined this action and has determined that it would not 
pre-empt State law. This action impacts testing procedures applicable 
to energy efficiency requirements for manufacturers of manufactured 
homes. No further action is required by Executive Order 13132.

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. 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

[[Page 78743]]

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, 
the proposed 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) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure 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), (b)) The 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,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined this 
proposed rule according to UMRA and its statement of policy and 
determined that the rule contains neither an intergovernmental mandate, 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so these requirements do not apply.

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. 
This rulemaking 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

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under 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 this 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.
    The proposed regulatory action to establish test procedures for 
measuring the energy efficiency of manufactured housing is not a 
significant regulatory action under Executive Order 12866. Moreover, it 
would not have a significant adverse effect on the supply, 
distribution, or use of energy, nor has it been designated as a 
significant energy action by the Administrator of OIRA. Therefore, it 
is not a significant energy action, and, accordingly, DOE has not 
prepared a Statement of Energy Effects.

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), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part 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 Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition.
    The test procedures for manufactured homes proposed in this 
document incorporate testing methods contained in certain sections of 
the following commercial standards: ANSI/NFRC 100-2014, Procedure for 
Determining Fenestration Product U-factors; NFRC 200-2014, Procedure 
for Determining Fenestration Product Solar Heat Gain Coefficient and 
Visible Transmittance at Normal Incidence; ASTM C518-15, Standard Test 
Method for Steady State Thermal Transmission Properties by Means of the 
Heat Flow Meter Apparatus; ASTM C1045-07(2013), Standard Practice for 
Calculating Thermal Transmission Properties Under Steady-State 
Conditions; ASTM E1554-13, Standard Test Methods for Determining Air 
Leakage of Air Distribution Systems by Fan Pressurization; and HVI 
Publication 916, Air Flow Test Procedure, updated September 29, 2015.
    DOE has evaluated these standards and is unable to conclude whether 
they fully comply with the requirements of

[[Page 78744]]

section 32(b) of the FEAA (i.e., whether they were developed in a 
manner that fully provides for public participation, comment, and 
review.) DOE will consult with both the Attorney General and the 
Chairman of the FTC concerning the impact of these test procedures on 
competition, prior to prescribing a final rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by National Fenestration Rating Council, titled 
ANSI/NFRC 100-2014, (``ANSI/NFRC 100''), Procedure for Determining 
Fenestration Product U-factors. ANSI/NFRC 100 is an industry-accepted 
test procedure that measures the U-factor of fenestration and doors. 
Copies of ANSI/NFRC 100 be obtained from the National Fenestration 
Rating Council, 6305 Ivy Lane, Ste. 140, Greenbelt, MD 20770, or by 
going to http://www/nfrc/org/.
    In this NOPR, DOE also proposes to incorporate by reference the 
test standard published by National Fenestration Rating Council, titled 
NFRC 200-2014, (``NFRC 200''), Procedure for Determining Fenestration 
Product Solar Heat Gain Coefficient and Visible Transmittance at Normal 
Incidence. NFRC 200 is an industry-accepted test procedure that 
measures the solar heat gain coefficient of fenestration. Copies of 
NFRC 200 be obtained from the National Fenestration Rating Council, 
6305 Ivy Lane, Ste. 140, Greenbelt, MD 20770, or by going to http://
www/nfrc/org/.
    Additionally, DOE proposes to incorporate by reference the test 
standard published by the American Society for Testing and Materials, 
titled ASTM C518-15, (``ASTM C518''), Standard Test Method for Steady 
State Thermal Transmission Properties by Means of the Heat Flow Meter 
Apparatus. ASTM C518 is an industry-accepted test procedure for 
measuring values used to calculate the R-value of insulation that is 
typically used in manufactured homes. Copies of ASTM C518 may be 
obtained from the American Society for Testing and Materials, 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-2959, or by going to http://www.astm.org.
    Also proposed to be incorporated by reference is the test standard 
published by the American Society for Testing and Materials, titled 
ASTM C1045-07(2013), (``ASTM C1045''), Standard Practice for 
Calculating Thermal Transmission Properties Under Steady-State 
Conditions. ASTM C1045 is an industry-accepted test procedure for 
calculating the R-value of insulation that is typically used in 
manufactured homes. Copies of ASTM C1045 may be obtained from the 
American Society for Testing and Materials, 100 Barr Harbor Drive, West 
Conshohocken, PA 19428-2959, or by going to http://www.astm.org.
    DOE also proposes to incorporate by reference Method D, as 
calculated in section 9.4, of the test standard published by the 
American Society for Testing and Materials, titled ASTM E1554-13, 
(``ASTM E1554''), Standard Test Methods for Determining Air Leakage of 
Air Distribution Systems by Fan Pressurization. ASTM E1554 is an 
industry-accepted test procedure for measuring air leakage of air 
distribution systems (e.g., duct work employed in manufactured homes). 
Copies of ASTM C1554 may be obtained from the American Society for 
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 
19428-2959, or by going to http://www.astm.org.
    Finally, DOE is proposing to incorporate by reference the test 
standard published by the Home Ventilating Institute, titled HVI 
Publication 916, (``HVI 916''), Air Flow Test Procedure, updated 
September 29, 2015. HVI 916 is an industry-accepted test procedure for 
determining mechanical ventilation fan efficacy. Copies of HVI 916 may 
be obtained from the Home Ventilating Institute, 4915 Arendell St., 
Ste. J, PMB 311, Morehead City, NC 28557, or by going to http://www.hvi.org.

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this notice.
    Submitting comments via regulations.gov. The www.regulations.gov 
Web page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
www.regulations.gov cannot be claimed as CBI. Comments received through 
the Web site will waive any CBI claims for the information submitted. 
For information on submitting CBI, see the Confidential Business 
Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to www.regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or

[[Page 78745]]

Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. 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 via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    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 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which 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.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests comment on whether the proposed test procedures 
apply to all constructions and designs of manufactured homes including 
multi-section and multi-story homes, and whether alternative test 
procedures should be considered for certain MH constructions or 
designs. See section III.A.
    (2) DOE seeks comment on the proposal to incorporate by reference 
only ASTM C518-15 for determination of the R-value of insulation for 
all types of insulation except aluminum foil. In addition, DOE also 
seeks comment regarding testing only using the horizontal orientation. 
See section III.C.1.a.
    (3) DOE seeks comment on the proposed exception that if uniform 
ceiling insulation thickness is not possible due to the truss heel 
height at the eaves of the roof, the ceiling insulation R-value is 
based on the R-value listed on the insulation manufacturer's label 
corresponding to the mass or number of bags of insulation installed by 
the manufactured home manufacturer. See section III.C.1.c.
    (4) DOE requests comment on the percentage of insulation materials 
used by the MH market that are already rated using the proposed test 
procedures; the cost of transitioning to these test procedures for 
manufacturers not already following the proposal; to what alternative 
test procedure these insulation models are testing in accordance with; 
and other potential test procedure options.
    (5) DOE seeks comment on whether ANSI/NFRC 100 is an appropriate 
industry standard to determine the U-factor of fenestration. DOE also 
requests comment on the percentage of fenestration units used by the MH 
market that are already rated using the proposed test procedures; the 
cost of transitioning to these test procedures for manufacturers not 
already following the proposal; to what alternative test procedure 
these fenestration models are testing in accordance with; and other 
potential test procedure options. See section III.C.2.
    (6) DOE seeks comment on whether section 3.1 from Overall U-Values 
and Heating/Cooling Loads--Manufactured Homes is appropriate to 
determine the U-factor alternative to R-value of insulation. See 
section III.C.4.
    (7) DOE seeks comment on whether NFRC 200 is an appropriate 
industry standard to determine the SHGC of fenestration. DOE also 
requests comment on the percentage of fenestration units used by the MH 
market that are already rated using the proposed test procedures; the 
cost of transitioning to these test procedures for manufacturers not 
already following the proposal; to what alternative test procedure 
these fenestration models are testing in accordance with; and other 
potential test procedure options. See section III.C.5.
    (8) DOE seeks comment on whether ASTM E1554-13, Test Method D, is 
an appropriate industry standard to determine total duct leakage 
requirements for both single- and multi-section homes. DOE also 
requests comment on the cost of carrying out the duct leakage test 
procedure on a per-home basis for both single-section, multi-section, 
and multi-story homes. See section III.C.6.
    (9) DOE seeks comment on the proposal to sum the measured duct air 
leakage of each section of a multi-section home to calculate the total 
duct air leakage for multi-section homes. DOE also seeks comment on 
other alternative assemblies for determining total duct air leakage 
testing for multi-section homes. See section III.C.6.
    (10) DOE seeks comment on incorporating by reference only HVI 916 
to determine mechanical ventilation fan efficacy. In addition, DOE 
seeks comment on the number of speeds, and the static pressures being 
proposed. DOE also requests comment on the percentage of mechanical 
ventilation fan units used by the MH market that are already rated 
using the proposed test procedures; the cost of transitioning to these 
test procedures for manufacturers not already following the proposal; 
to what alternative test procedure these mechanical ventilation fan 
units are testing in accordance with; and other potential test 
procedure options. See section III.C.7.
    (11) DOE seeks comment on the proposed sampling plan and method for 
calculating a represented value. DOE is particularly seeking comment on 
the proposed minimum sample size. See section III.D.
    (12) DOE requests comment on the tentative conclusion that the 
proposed test procedure will not have a significant economic impact on 
a substantial number of small entities. See section IV.B.
    (13) DOE requests comment on the estimate of duct testing costs of 
$233 per home. See section IV.B.
    (14) DOE requests comment on any duct leakage testing alternatives 
that are available to reduce testing burden for all manufacturers as 
well as any burden reducing alternatives for the other proposed test 
requirements. See section V.B.

[[Page 78746]]

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects in 10 CFR Part 460

    Administrative practice and procedure, Buildings and facilities, 
Energy conservation, Housing standards, Incorporation by reference, 
Reporting and recordkeeping requirements.

     Issued in Washington, DC, on October 21, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
part 460, as proposed to be added at 81 FR 39756 (June 17, 2016), of 
chapter II of title 10, Code of Federal Regulations as set forth below:

PART 460--ENERGY CONSERVATION STANDARDS FOR MANUFACTURED HOMES

0
1. The authority citation for part 460 continues to read as follows:

    Authority: 42 U.S.C. 17071; 42 U.S.C. 7101 et seq.
0
2. Section 460.3 is amended by:
0
a. Redesignating paragraph (c) as paragraph (d);
0
b. Adding a new paragraph (c); and
0
c. Adding paragraphs (e) and (f).
    The additions read as follows:


Sec.  460.3  Materials incorporated by reference.

* * * * *
    (c) ASTM. American Society for Testing and Materials, 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9500, or http://www.astm.org.
    (1) ASTM C518-15, (``ASTM C518-15''), Standard Test Method for 
Steady State Thermal Transmission Properties by Means of the Heat Flow 
Meter Apparatus. IBR approved for Sec.  460.102 of subpart B.
    (2) ASTM C1045-07 (2013), (``ASTM C1045-07''), Standard Practice 
for Calculating Thermal Transmission Properties under Steady-State 
Conditions. IBR approved for Sec.  460.102 of subpart B.
    (3) ASTM E1554-13, (``ASTM E1554-13''), Standard Test Methods for 
Determining Air Leakage of Air Distribution Systems by Fan 
Pressurization. IBR approved for Sec.  460.204 of subpart C.
* * * * *
    (e) HVI. Home Ventilating Institute, 4915 Arendell St., Ste. J, PMB 
311, Morehead City, NC 28557, 855-484-8368, or http://www.hvi.org.
    (1) HVI Publication 916, (``HVI 916''), Air Flow Test Procedure, 
Updated September 29, 2015. IBR approved for Sec.  460.201 of subpart 
C.
    (2) [Reserved]
    (f) NFRC. National Fenestration Rating Council, 6305 Ivy Lane, Ste. 
140, Greenbelt, MD 20770, 301-589-1776, or http://www.nfrc.org/.
    (1) ANSI/NFRC 100-2014, (``ANSI/NFRC 100''), Procedure for 
Determining Fenestration Product U-factors. IBR approved for Sec.  
460.102 of subpart B.
    (2) NFRC 200-2014, (``NFRC 200''), Procedure for Determining 
Fenestration Product Solar Heat Gain Coefficient and Visible 
Transmittance at Normal Incidence. IBR approved for Sec.  460.102 of 
subpart B.
0
3. Section 460.102 is amended by:
0
a. Adding paragraphs (d)(1), (2), (4), and (5);
0
b. Revising paragraph (d)(3) and (d)(6);
0
c. Adding paragraph (d)(7);
0
d. Revising paragraph (d)(8);
0
e. Adding paragraphs (e)(1)(i) and (ii), and (e)(2);
0
f. Revising paragraph (e)(3).
    The revisions and additions read as follows:


Sec.  460.102  Building thermal envelope requirements.

* * * * *
    (d) Determination of compliance with Sec.  460.102(b).
    (1) The R-value of insulation must be determined in accordance with 
the FTC R-value rule at 16 CFR part 460, in units of h[middot]ft\2\ 
[middot][deg]F/Btu, with the following exceptions:
    (i) For all types of insulation except aluminum foil, heat flux 
would be measured only in accordance with ASTM C518-15 (incorporated by 
reference; see Sec.  460.3), with the heat meter apparatus in the 
horizontal orientation. Calculate R-value of insulation except aluminum 
foil in accordance with ASTM C1045-07 (incorporated by reference; see 
Sec.  460.3) based upon heat flux measured according to ASTM C518-15.
    (ii) In the case that uniform ceiling insulation thickness is not 
possible due to the truss heel height at the eaves of the roof, the 
ceiling insulation R-value would be the R-value listed on the 
insulation manufacturer's label (developed in accordance with 16 CFR 
460.12(b)(2)) corresponding to the minimum weight or number of bags of 
insulation installed by the manufactured home manufacturer. To 
calculate the minimum weight of insulation, multiply the minimum weight 
per square foot of insulation for the required ceiling insulation R-
value (developed in accordance with 16 CFR 460.12(b)(2)) by the surface 
area of the ceiling in square feet. To calculate the number of bags of 
insulation, multiply the number of bags of insulation per 1,000 square 
feet for the required ceiling insulation R-value (developed in 
accordance with 16 CFR 460.12(b)(2)) by the surface area of the ceiling 
in square feet divided by 1,000 square feet.
    (2) To show compliance with paragraph (b) of this section for R-
value of insulation:
    (i) Randomly select a sample of insulation of at least one unit.
    (ii) Test the insulation in accordance with the test procedure at 
paragraph (d)(1) of this section.
    (iii) Determine the represented value of R-value by calculating the 
arithmetic mean of the sample (X1), calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP09NO16.017


where Xi is the measured R-value of unit i and N1 
is the total number of units.
    Round representations of R-value calculated in this paragraph 
(d)(3)(iii) to the nearest whole number. Calculations of represented 
values must be rounded only after the calculation is completed.
    (iv) The represented value of R-value must be equal to or greater 
than the value calculated under paragraph (d)(3)(iii) of this section, 
and equal to or greater than the standard described in Sec.  
460.204(a).
    (v) If multiple layers of insulation are used, the total R-value is 
the sum of the R-value of each layer of insulation that comprise the 
component (as calculated in paragraphs (d)(2)(i) through (iii) of this 
section).
    (3) Determine the U-factor of fenestration products and doors in 
accordance with ANSI/NFRC 100 (incorporated by reference; see Sec.  
460.3) in units of Btu/h[middot]ft\2\ [middot][deg]F. Alternatively, 
use the prescriptive default values specified for the corresponding 
fenestration products and doors in Tables 460.102-4 and 460.102-5.
    (4) To show compliance with paragraph (b) of this section for U-
factor of fenestration products and doors:
    (i) Randomly select a sample of fenestration products or doors of 
at least one unit.
    (ii) Test the fenestration product or door (or use the prescriptive 
default value) in accordance with the test procedure at this paragraph 
(d)(4).
    (iii) Determine the represented value of U-factor by calculating 
the arithmetic

[[Page 78747]]

mean of the sample. Round representations of U-factor calculated in 
paragraph (d)(5)(iii) of this section to two significant digits. 
Calculations of represented values must be rounded only after the 
calculation is completed.
    (iv) The represented value of U-factor must be equal to or greater 
than the value calculated under paragraph (d)(5)(iii) of this section, 
and equal to or less than the standard described in paragraph (b) of 
this section.
    (5) Calculate the U-factor alternatives to R-value Requirements in 
accordance with section 3.1 from Overall U-Values and Heating/Cooling 
Loads--Manufactured Homes (incorporated by reference; see Sec.  460.3) 
with the exceptions provided in paragraph (e)(1) of this section, in 
units of Btu/h[middot]ft\2\ [middot][deg]F.
    (6) To show compliance with the U-factor alternatives to R-value 
Requirements (if this alternative is used):
    (i) Randomly select a select a sample of manufactured homes (at 
least one home).
    (ii) Calculate the U-factor alternatives in accordance with the 
test procedure at this paragraph (d)(6).
    (iii) Determine the represented value of U-factor alternative by 
calculating the arithmetic mean of the sample. Round representations of 
U-factor alternative calculated in paragraph (d)(7)(iii) of this 
section to two significant digits. Calculations of represented values 
must be rounded only after the calculation is completed.
    (iv) The represented value of the U-factor alternatives must be 
equal to or greater than the value calculated under paragraph (c)(3) of 
this section, and equal to or less than the standard described in 
paragraph (b) of this section.
    (7) Determine the SHGC of glazed fenestration products in 
accordance with NFRC 200 (incorporated by reference; see Sec.  460.3). 
Alternatively, use the prescriptive glazed fenestration SHGC default 
values specified for the corresponding glazed fenestration in Tables 
460.102 through 460-106.
    (8) To show compliance with paragraph (b) of this section with 
respect to glazed fenestration SHGC:
    (i) Randomly select a sample of glazed fenestration products of at 
least one unit.
    (ii) Test the glazed fenestration products in accordance with 
paragraph (d)(6) of this section.
    (iii) Determine the represented value of SHGC by calculating the 
arithmetic mean of the sample. Round representations of SHGC calculated 
in paragraph (d)(7)(iii) of this section to two significant digits. 
Calculations of represented values must be rounded only after the 
calculation is completed.
    (iv) The represented value of SHGC must be equal to or greater than 
the value calculated under paragraph (d)(7)(iii) of this section, and 
equal to or less than the standard described in paragraph (b) of this 
section.
    (e) * * *
    (1) * * *
    (i) Determine the represented value of R-value of insulation in 
accordance with paragraphs (d)(3)(i) through (iii) of this section.
    (ii) Determine the represented value of U-factor of fenestration 
products and doors in accordance with paragraphs (d)(5)(i) through 
(iii) of this section.
    (2) To show compliance with paragraph (c) of this section with 
respect to Uo:
    (i) Randomly select a sample of manufactured homes (at least one 
home).
    (ii) Determine the Uo of each home in accordance with paragraph 
(e)(1) of this section.
    (iii) Determine the represented value of Uo by calculating the 
arithmetic mean of the sample. Round representations of Uo calculated 
in paragraph (e)(2)(iii) of this section to two significant digits. 
Calculations of represented values must be rounded only after the 
calculation is completed.
    (iv) The represented value of Uo must be equal to or greater than 
the value calculated under paragraph (e)(2)(iii) of this section, and 
equal to or less than the standard described in paragraph (c) of this 
section.
    (3) Determine the represented value of SHGC of glazed fenestration 
products in accordance with paragraphs (d)(8)(i) through (iii) of this 
section.
0
4. Section 460.201 is amended by adding paragraphs (b) and (c) to read 
as follows:


Sec.  460.201  Duct system.

* * * * *
    (b) Determine the total air leakage per 100 square feet of 
conditioned floor area according to the following equation:
[GRAPHIC] [TIFF OMITTED] TP09NO16.018

Where:

Qduct air leakage = total air leakage per 100 square feet 
of conditioned floor area, (cubic feet per minute per 100 square 
feet of conditioned floor area)
Qduct leakage,total = measured total air leakage of the 
duct system, determined in accordance with ASTM E1554-13, Method D, 
as calculated in section 9.4 (cubic feet per minute) (incorporated 
by reference; see Sec.  460.3)
Afloor,conditioned = total conditioned floor area (square 
feet)

    (1) For multi-section homes, Qduct leakage,total is the 
summation of the air leakage of the duct system for each section of the 
manufactured home measured individually.
    (2) When measuring the duct leakage of an individual section of a 
multi-section manufactured home, follow ASTM E1554-13, Method D, and 
also seal any duct openings used to connect ducts between the sections 
of the home, unless the duct opening is being used as the inlet to 
pressurize the duct system.
    (c) To show compliance with paragraph (a) of this section:
    (1) Randomly select a sample of manufactured homes (at least one 
home).
    (2) Test the manufactured home duct system in accordance with the 
test procedure at paragraph (b) of this section.
    (3) Determine the represented value of total air leakage per 100 
square feet of conditioned floor area by calculating the arithmetic 
mean of the sample. Round representations of total air leakage per 100 
square feet of conditioned floor area calculated in paragraph (c)(3) of 
this section to one significant digit. Calculations of represented 
values must be rounded only after the calculation is completed.
    (4) The represented value must be equal to or less than the value 
calculated under paragraph (c)(3) of this section, and equal to or 
greater than the standard described in Sec.  460.204(a).
0
5. Section 460.204 is amended by adding paragraphs (c) and (d) to read 
as follows:


Sec.  460.204  Mechanical ventilation fan efficacy.

* * * * *
    (c) Determine the fan airflow (cfm) and efficacy (cfm/W) in 
accordance with HVI 916 (incorporated by reference; see Sec.  460.3), 
with the following exceptions.

[[Page 78748]]

    (1) Bathroom and utility room fans with more than one speed, and 
in-line fans with more than one speed, must be tested and meet the 
performance criteria at each speed. A fan of this type that has a 
rotary speed dial or similar mechanism that allows for a theoretically 
infinite number of speeds must be tested and meet the applicable 
efficacy of this specification at its minimum and maximum speeds.
    (2) Fans must be tested at the following static pressures to 
determine the airflow and efficacy: For ducted fans, conduct tests at 
0.1 inch water gauge static pressure; for direct discharge (non-ducted) 
fans, conduct tests at 0.03 inch water gauge static pressure; for in-
line fans, conduct tests at 0.2 inch water gauge static pressure.
    (3) Test ducted range hood fans at working speed, as specified in 
HVI 916 (incorporated by reference; see Sec.  460.3), to determine the 
airflow and efficacy. Range hoods must meet the minimum efficacy 
requirements in each possible configuration (horizontal and vertical) 
at working speed.
    (4) When calculating efficacy, only measure the fan motor 
electrical energy consumption. Energy used for other fan auxiliaries 
(e.g., lights, sensors, heaters, timers, or night lights) is not 
included in the determination of fan efficacy. Therefore, to measure 
fan power, switch off all fan auxiliaries.
    (d) To show compliance with paragraph (a) of this section:
    (1) Randomly select a sample of whole-house mechanical ventilation 
system fan(s) of at least one unit.
    (2) Test the whole-house mechanical ventilation system fan(s) in 
accordance with the test procedure at paragraph (c) of this section.
    (3) Determine the represented value of fan efficacy by calculating 
the arithmetic mean of the sample. Round representations of fan 
efficacy calculated in paragraph (c)(3) of this section to two 
significant digits. Calculations of represented values must be rounded 
only after the calculation is completed.
    (4) The represented value must be equal to or less than the value 
calculated under paragraph (d)(3) of this section, and equal to or 
greater than the standard described in paragraph (a) of this section.

[FR Doc. 2016-26008 Filed 11-8-16; 8:45 am]
BILLING CODE 6450-01-P