[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Rules and Regulations]
[Pages 79224-79261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26201]



[[Page 79223]]

Vol. 81

Thursday,

No. 218

November 10, 2016

Part IV





Department of Energy





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10 CFR Parts 429 and 431





 Defense Federal Acquisition Regulation Supplement: Detection and 
Avoidance of Counterfeit Electronic Parts (DFARS Case 2012-D055); 
Energy Conservation Program for Certain Commercial and Industrial 
Equipment: Test Procedure for Commercial Water Heating Equipment; Final 
Rule

  Federal Register / Vol. 81 , No. 218 / Thursday, November 10, 2016 / 
Rules and Regulations  

[[Page 79224]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2014-BT-TP-0006]
RIN 1904-AD16


Energy Conservation Program: Test Procedure for Commercial 
Packaged Boilers

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

ACTION: Final rule.

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SUMMARY: On March 17, 2016, the U.S. Department of Energy (DOE) issued 
a notice of proposed rulemaking (NOPR) to amend the test procedure for 
commercial packaged boilers. That proposed rulemaking serves as the 
basis for the final rule. DOE incorporates by reference certain 
sections of the American National Standards Institute (ANSI)/Air-
Conditioning, Heating, and Refrigeration Institute (AHRI) Standard 
1500, ``2015 Standard for Performance Rating of Commercial Space 
Heating Boilers.'' In addition, this final rule incorporates amendments 
that clarify the coverage for field-constructed commercial packaged 
boilers and the applicability of DOE's test procedure and standards for 
this category of commercial packaged boilers, provide an optional field 
test for commercial packaged boilers with fuel input rate greater than 
5,000,000 Btu/h, provide a conversion method to calculate thermal 
efficiency based on combustion efficiency testing for steam commercial 
packaged boilers with fuel input rate greater than 5,000,000 Btu/h, 
modify the inlet water temperatures during tests of hot water 
commercial packaged boilers, establish limits on the ambient 
temperature during testing, modify setup and instrumentation 
requirements to remove ambiguity, and standardize terminology and 
provisions for ``rated input'' and ``fuel input rate.''

DATES: The effective date of this rule is December 12, 2016. The final 
rule changes will be mandatory for representations related to energy 
efficiency or energy use starting November 6, 2017. The incorporation 
by reference of certain publications listed in this rule is approved by 
the Director of the Federal Register on December 12, 2016.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, 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.
    A link to the docket Web page can be found at https://www.regulations.gov/docket?D=EERE-2014-BT-;TP-0006. The docket Web page 
will contain simple instructions on how to access all documents, 
including public comments, in the docket.
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program Staff, at (202) 586-6636 or 
by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. James Raba, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-8654. Email: 
[email protected].
    Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9496. Email: [email protected].

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
into 10 CFR parts 429 and 431 the testing methods contained in the 
following commercial standard:

    Part 429--ANSI/AHRI Standard 1500-2015, (``ANSI/AHRI Standard 
1500-2015''), ``2015 Standard for Performance Rating of Commercial 
Space Heating Boilers,'' ANSI approved November 28, 2014: Figure C9, 
Suggested Piping Arrangement for Hot Water Boilers.
    Part 431--ANSI/AHRI Standard 1500-2015, (``ANSI/AHRI Standard 
1500-2015''), ``2015 Standard for Performance Rating of Commercial 
Space Heating Boilers,'' Section 3 ``Definitions,'' Section 5 
``Rating Requirements,'' Appendix C ``Methods of Testing for Rating 
Commercial Space Heating Boilers--Normative,'' Appendix D 
``Properties of Saturated Steam--Normative,'' and Appendix E 
``Correction Factors for Heating Values of Fuel Gases--Normative,'' 
ANSI approved November 28, 2014.
    Copies of AHRI standards may be purchased from the Air-
Conditioning, Heating, and Refrigeration Institute, 2111 Wilson Blvd., 
Suite 500, Arlington, VA 22201, or by visiting http://www.ahrinet.org/site/686/Standards/-HVACR-Industry-Standards/-Search-Standards.
    See section IV.N for additional information about this standard.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. Scope and Definitions
    1. Definition of Commercial Packaged Boiler
    2. Field-Constructed Commercial Packaged Boilers
    3. Other Definitions
    B. General Comments
    C. Adoption of Certain Sections of ANSI/AHRI Standard 1500-2015
    D. Fuel Input Rate Certification and Enforcement
    E. Testing of Large Commercial Packaged Boilers
    1. Optional Field Test
    2. Optional Conversion of Combustion Efficiency to Thermal 
Efficiency
    F. Hot Water Temperatures
    1. General Comments
    2. Recirculating Loops
    3. Condensing Commercial Packaged Boilers
    4. Test Facility Capabilities
    5. Other Issues Related to Water Temperatures
    G. Ambient Conditions
    H. Set-Up and Instrumentation
    1. Steam Piping
    2. Digital Data Acquisition
    3. Calibration
    4. Other Set-up and Instrumentation Comments
    I. Other Issues
    1. Burners for Oil-Fired Commercial Packaged Boilers
    2. Certification and Enforcement Provisions
    3. Part-Load Testing
    4. Stack Temperature Adjustment
    5. Oxygen Combustion Analyzer
    6. Rounding Requirements
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act 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. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Packaged boilers are included in the list of ``covered equipment'' 
for which the U.S. Department of Energy (DOE) is

[[Page 79225]]

authorized to establish and amend energy conservation standards and 
test procedures. (42 U.S.C. 6311(1)(J)) DOE's energy conservation 
standards and test procedure for commercial packaged boilers, a subset 
of packaged boilers, are currently prescribed at 10 CFR 431.87 and 10 
CFR 431.86, respectively. The following sections discuss DOE's 
authority to establish test procedures for commercial packaged boilers 
and relevant background information regarding DOE's consideration of 
test procedures for this equipment.

A. Authority

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or, ``the Act'') \1\ sets forth a 
variety of provisions designed to improve energy efficiency. Part C of 
title III, which for editorial reasons was redesignated as Part A-1 
upon incorporation into the U.S. Code (42 U.S.C. 6311-6317, as 
codified), establishes the ``Energy Conservation Program for Certain 
Industrial Equipment.'' The covered industrial equipment includes 
packaged boilers, the subject of this document. (42 U.S.C. 6311(1)(J))
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    \1\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement act of 2015, Public Law 
114-11 (April 30, 2015).
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered products must use as the basis for (1) certifying to DOE that 
their products comply with the applicable energy conservation standards 
adopted under EPCA, and (2) making representations about the efficiency 
of those products. Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA.
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered equipment. EPCA provides that any test procedures prescribed or 
amended under this section shall be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of covered equipment during a representative average use 
cycle or period of use and shall not be unduly burdensome to conduct. 
(42 U.S.C. 6314(a)(2))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish a proposed test procedure and offer the 
public an opportunity to present oral and written comments on it. (42 
U.S.C. 6314(b)) Finally, in any rulemaking to amend a test procedure, 
DOE must determine to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency of the covered equipment as 
determined under the existing test procedure. (42 U.S.C. 6314(a)(4)(C))
    With respect to commercial packaged boilers, EPCA requires DOE to 
use industry test procedures developed or recognized by the Air-
Conditioning, Heating, and Refrigeration Institute (AHRI) or the 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE), as referenced in ASHRAE/IES Standard 90.1, ``Energy 
Standard for Buildings Except Low-Rise Residential Buildings.'' (42 
U.S.C. 6314(a)(4)(A)) Further, if such an industry test procedure is 
amended, DOE is required to amend its test procedure to be consistent 
with the amended industry test procedure, unless it determines, by rule 
published in the Federal Register and supported by clear and convincing 
evidence, that the amended test procedure would be unduly burdensome to 
conduct or would not produce test results that reflect the energy 
efficiency, energy use, and estimated operating costs of that equipment 
during a representative average use cycle. (42 U.S.C. 6314(a)(4)(B))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered equipment, including 
commercial packaged boilers, to determine whether amended test 
procedures would more accurately or fully comply with the requirements 
for test procedures to not be unduly burdensome to conduct and be 
reasonably designed to produce test results that reflect energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle. (42 U.S.C. 6314(a)(1)(A)) DOE last 
reviewed the test procedures for commercial packaged boilers on July 
22, 2009. 74 FR 36312. Therefore, DOE is required to re-evaluate the 
test procedures no later than July 22, 2016, and this rulemaking has 
been undertaken in fulfillment of that requirement. As the industry 
standard for commercial packaged boilers was recently updated, this 
rulemaking will also fulfill DOE's statutory obligations to make its 
test procedure consistent with the applicable industry test procedure.
    Prior to November 6, 2017, manufacturers must make any 
representations with respect to the energy use or efficiency of 
commercial packaged boilers in accordance with the results of testing 
pursuant to the new appendix A to subpart E of part 431 or the existing 
test procedure, as it appeared in 10 CFR 431.86, revised as of January 
1, 2016. After November 6, 2017, manufacturers must make any 
representations with respect to energy use or efficiency in accordance 
with the results of testing pursuant to appendix A to subpart E of part 
431.

B. Background

    On September 3, 2013, DOE initiated a test procedure and energy 
conservation standards rulemaking for commercial packaged boilers and 
published a notice of public meeting and availability of the Framework 
document (September 2013 Framework document). 78 FR 54197. Both in the 
September 2013 Framework document and during the October 1, 2013 public 
meeting, DOE solicited public comments, data, and information on all 
aspects of, and any issues or problems with, the existing DOE test 
procedure, including whether the test procedure was in need of updates 
or revisions. DOE also received comments on the test procedure in 
response to the notice of availability of the preliminary technical 
support document (TSD) for the standards rulemaking, which was 
published in the Federal Register on November 20, 2014 (November 2014 
Preliminary Analysis). 79 FR 69066.
    Additionally, on February 20, 2014, DOE published in the Federal 
Register a request for information (February 2014 RFI) seeking comments 
on the existing DOE test procedure for commercial packaged boilers, 
which incorporates by reference Hydronics Institute (HI)/AHRI Standard 
BTS-2000 (Rev 06.07), ``Method to Determine Efficiency of Commercial 
Space Heating Boilers'' (BTS-2000). 79 FR 9643. BTS-2000 provides test 
procedures for measuring steady-state combustion and thermal efficiency 
of a gas-fired or oil-fired commercial packaged boiler capable of 
producing hot water and/or steam and operating at full load only. In 
the February 2014 RFI, DOE requested comments, information, and data 
about a number of issues, including (1) part-load testing and part-load 
efficiency rating, (2) typical inlet and outlet water temperatures for 
hot water commercial packaged boilers, (3) the steam pressure for steam 
commercial packaged boilers operating at full load, and (4) design 
characteristics of commercial packaged

[[Page 79226]]

boilers that are difficult to test under the existing DOE test 
procedure.
    On April 29, 2015, AHRI, together with the American National 
Standards Institute (ANSI), published the ``2015 Standard for 
Performance Rating of Commercial Space Heating Boilers'' (ANSI/AHRI 
Standard 1500-2015). ANSI/AHRI Standard 1500-2015 states ``this 
standard supersedes AHRI Hydronics Institute Standard BTS-2000 Rev. 
06.07'' in the front matter of the document. On May 29, 2015, AHRI 
submitted a request directly to DOE to update the incorporation by 
reference in the DOE test procedure to reference the new ANSI/AHRI 
Standard 1500-2015. (Docket EERE-2014-BT-TP-0006, AHRI, No. 29 at p. 1) 
\2\
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    \2\ A notation in this form provides a reference for information 
that is in Docket No. EERE-2014-BT-TP-0006 . . . , which is 
maintained at https://www.regulations.gov/docket?D=EERE-2014-BT-TP-0006. The references are arranged as follows: (commenter name, 
comment docket ID number, page of that document). This particular 
notation refers to a comment from AHRI on p. 1 of document number 29 
in the docket.
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    Subsequently, DOE published a notice of proposed rulemaking (NOPR) 
on March 17, 2016, in the Federal Register (hereafter March 2016 NOPR). 
81 FR 14642. DOE proposed to incorporate by reference relevant sections 
of ANSI/AHRI Standard 1500-2015 as a replacement for BTS-2000 in the 
DOE test procedure as well as several modifications to its test 
procedure that are not captured in ANSI/AHRI Standard 1500-2015. The 
additional proposed amendments included the following:
     Clarifying the coverage of field-constructed commercial 
packaged boilers under DOE's regulations;
     Incorporating an optional field test for commercial 
packaged boilers with fuel input rate greater than 5,000,000 Btu/h;
     Incorporating an optional conversion method to calculate 
thermal efficiency based on the combustion efficiency test for steam 
commercial packaged boilers with fuel input rate greater than 5,000,000 
Btu/h;
     Modifying the inlet and outlet water temperatures required 
during tests of hot water commercial packaged boilers to be more 
representative of field conditions;
     Requiring additional limits on the room ambient 
temperature and relative humidity during testing;
     Modifying setup and instrumentation requirements to remove 
ambiguity; and
     Standardizing terminology and provisions in regulatory 
text related to ``fuel input rate.''
    In this final rule, DOE is replacing BTS-2000 with the updated 
industry standard, ANSI/AHRI Standard 1500-2015, as the basis for the 
DOE test procedure. DOE is also adopting certain proposals from the 
March 2016 NOPR and has modified some proposals from the March 2016 
NOPR in light of comments received. Section III contains a more 
detailed discussion of the basis for transitioning to the commercial 
packaged boiler test procedures outlined in ANSI/AHRI Standard 1500-
2015 as well as the additional amendments being adopted.

II. Synopsis of the Final Rule

    In this final rule, DOE amends subpart E of 10 CFR part 431 as 
follows:
     Clarifies definitions regarding commercial packaged 
boilers;
     Incorporates by reference certain provisions of the 
current revision to the applicable industry standard: ANSI/AHRI 
Standard 1500-2015 ``2015 Standard for Performance Rating of Commercial 
Space Heating Boilers;''
     Provides an optional field test and an optional conversion 
calculation from combustion to thermal efficiency for commercial 
packaged boilers with rated input greater than 5,000,000 Btu/h;
     Modifies the inlet water temperature requirements for 
commercial packaged boilers;
     Reduces the allowable range for ambient room temperature 
during testing;
     Provides additional specificity in set-up and 
instrumentation; and
     Requires digital data acquisition for certain parameters.
    The final rule also amends 10 CFR part 429 to clarify certification 
and enforcement procedures, specifically to provide for the 
verification of rated input and to accommodate certification based on 
the optional field test.

III. Discussion

    The following sections address the products within the scope of 
this rulemaking, the test procedure amendments, other test procedure 
considerations, test burden, measured energy efficiency, and changes to 
certification and enforcement provisions.
    Table III.1 presents the list of interested parties that submitted 
written comments in response to the March 2016 NOPR.

          Table III.1--Interested Parties Providing Written Comment in Response to the March 2016 NOPR
----------------------------------------------------------------------------------------------------------------
    Document  Docket ID No.                Name                  Acronym                      Type
----------------------------------------------------------------------------------------------------------------
36, 46.........................  Air-Conditioning,         AHRI..............  Trade Association.
                                  Heating, &
                                  Refrigeration Institute.
38.............................  American Boiler           ABMA..............  Trade Association.
                                  Manufacturers
                                  Association.
42.............................  American Gas Association  Gas Associations    Trade Association.
                                  and American Public Gas   (AGA and APGA).
                                  Association.
45.............................  Appliance Standards       Efficiency          Advocate.
                                  Awareness Project,        Advocates (ASAP,
                                  Alliance to Save          ASE, ACEEE, and
                                  Energy, American          NRDC).
                                  Council for an Energy-
                                  Efficient Economy, and
                                  Natural Resources
                                  Defense Council.
39.............................  Bradford White            BWC...............  Manufacturer.
                                  Corporation.
40.............................  Burnham Holdings, Inc...  Burnham...........  Manufacturer.
48.............................  California Investor       CA IOUs...........  Utility Association.
                                  Owned Utilities.
35.............................  Council of Industrial     CIBO..............  Trade Association.
                                  Boiler Owners.
43.............................  Lochinvar, LLC..........  Lochinvar.........  Manufacturer.
44.............................  Northwest Energy          NEEA..............  Advocate.
                                  Efficiency Alliance.
47.............................  Raypak, Inc.............  Raypak............  Manufacturer.
31.............................  Tahir Khan..............  Khan..............  Individual.
41.............................  Weil-McLain.............  Weil-McLain.......  Manufacturer.
33.............................  Veritatis...............  Veritatis.........  Consultant.
----------------------------------------------------------------------------------------------------------------


[[Page 79227]]

    Interested parties provided comments on a range of issues, 
including both issues raised by DOE for comment, as well as other 
issues related to the proposed changes to the test procedure. The 
issues on which DOE received comments, as well as DOE's responses to 
those comments and the resulting changes to the test procedure 
proposals presented in the NOPR, are discussed in the subsequent 
sections. A parenthetical reference at the end of a comment quotation 
or paraphrase provides the location of the item in the public record.

A. Scope and Definitions

    In this final rule, DOE adopts several new definitions that help 
further clarify the scope and applicability of DOE's commercial 
packaged boiler test procedure. DOE notes that these amendments to 
DOE's definitions at 10 CFR 431.82 also apply to DOE's energy 
conservation standards for commercial packaged boilers.
1. Definition of Commercial Packaged Boiler
    While EPCA authorizes DOE to establish, subject to certain 
criteria, test procedures and energy conservation standards for 
packaged boilers, to date, DOE has only established test procedures and 
standards for commercial packaged boilers, a subset of packaged 
boilers. In 2004, DOE published a final rule (October 2004 final rule) 
establishing definitions, test procedures, and energy conservation 
standards for commercial packaged boilers. 69 FR 61949 (Oct. 21, 2004). 
In the October 2004 final rule, DOE defined ``commercial packaged 
boiler'' as a type of packaged low pressure boiler that is industrial 
equipment with a capacity (fuel input rate) of 300,000 Btu per hour 
(Btu/h) or more which, to any significant extent, is distributed in 
commerce: (1) For heating or space conditioning applications in 
buildings; or (2) for service water heating in buildings but does not 
meet the definition of ``hot water supply boiler.'' 69 FR 61949, 61960. 
DOE also defined ``packaged low pressure boiler'' as a packaged boiler 
that is: (1) A steam boiler designed to operate at or below a steam 
pressure of 15 psig; or (2) a hot water commercial packaged boiler 
designed to operate at or below a water pressure of 160 psig and a 
temperature of 250[emsp14][deg]F; or (3) a boiler that is designed to 
be capable of supplying either steam or hot water, and designed to 
operate under the conditions in paragraphs (1) and (2) of this 
definition. 69 FR 61949, 61960.
    DOE notes that, because commercial packaged boilers are currently 
defined as a subset of packaged low pressure boilers, commercial 
packaged boilers are also defined by the pressure and temperature 
criteria established in the definition of a ``packaged low pressure 
boiler.'' Consequently, DOE proposed in the March 2016 NOPR a 
definition of ``commercial packaged boiler'' that explicitly includes 
the pressure and temperature criteria established by the ``packaged low 
pressure boiler'' definition, and to remove its definitions for 
``packaged low pressure boiler'' and ``packaged high pressure boiler'' 
as those definitions would no longer be necessary. DOE stated that it 
believed such a modification would clarify the characteristics of the 
equipment to which DOE's test procedure and energy conservation 
standards apply.
    In response to the March 2016 NOPR, AHRI and Bradford White 
supported DOE's proposals to modify its commercial packaged boiler 
definition and to remove the extraneous definitions. (Bradford White, 
No. 39 at p. 2; AHRI, No. 46 at p. 8) No commenters in response to the 
March 2016 NOPR raised concerns over the proposal. DOE therefore adopts 
these proposed changes in this final rule.
    DOE's amended definition for commercial packaged boilers also 
includes exclusionary language for field-constructed equipment 
(discussed in section III.A.2) as was proposed in the March 2016 NOPR. 
This exclusion was previously part of DOE's definition for the broader 
``packaged boiler'' definition.
    Burnham suggested that the scope of regulated commercial boilers 
should be limited to sizes that can be reasonably tested in a 
laboratory and that, in spite of backsliding concerns, to do so would 
acknowledge practical concerns and previous rulemaking error. (Burnham, 
No. 40 at p. 8) In response, DOE notes that the scope of coverage and 
original energy conservation standards were established by EPCA, not by 
a DOE rulemaking. 42 U.S.C. 6313(a)(4). Because the scope of coverage 
has never included a capacity limit, DOE must have a test procedure in 
place for all commercial packaged boilers for manufacturers to be able 
to certify their equipment as complying with the energy conservation 
standards. DOE reiterates that to establish such a rated input limit 
for covered equipment with existing standards would violate the anti-
backsliding provisions of EPCA found at 42 U.S.C. 6313(a)(6)(B)(iii)(I) 
for those equipment larger than the limit. Additionally, both BTS-2000 
(incorporated by reference in the existing DOE test procedure) and 
ANSI/AHRI Standard 1500-2015 (being incorporated by reference in this 
final rule) include in their scope any commercial packaged boiler with 
rated input of 300,000 Btu/h or greater.
2. Field-Constructed Commercial Packaged Boilers
    EPCA establishes the statutory authority by which DOE may regulate 
``packaged boilers'' and defines a ``packaged boiler'' as a boiler that 
is shipped complete with heating equipment, mechanical draft equipment, 
and automatic controls; usually shipped in one or more sections. (42 
U.S.C. 6311(11)(B)) In adopting the EPCA definition for a ``packaged 
boiler,'' DOE amended the definition to: (1) Include language to 
address the various ways in which packaged boilers are distributed in 
commerce; and (2) explicitly exclude custom-designed, field-constructed 
boilers. 69 FR 61949, 61952. ``Custom-designed, field-constructed'' 
boilers were excluded because DOE believed the statutory standards for 
``packaged boilers'' were not intended to apply to these boiler 
systems, which generally require alteration, cutting, drilling, 
threading, welding or similar tasks by the installer. As a result, DOE 
defined a ``packaged boiler'' as a boiler that is shipped complete with 
heating equipment, mechanical draft equipment and automatic controls; 
usually shipped in one or more sections and does not include a boiler 
that is custom designed and field constructed. If the boiler is shipped 
in more than one section, the sections may be produced by more than one 
manufacturer, and may be originated or shipped at different times and 
from more than one location. 10 CFR 431.82. As noted in section 
III.A.1, DOE is moving this exclusion from the definition for 
``packaged boiler'' to the definition for ``commercial packaged 
boiler'' in order to clarify the applicability of its regulations.
    In order to further clarify the difference between field-
constructed commercial packaged boilers (which are excluded from DOE's 
commercial packaged boiler regulations) and field-assembled commercial 
packaged boilers (which are subject to DOE's regulations), DOE proposed 
the following definition for ``field-constructed'' in the March 2016 
NOPR:
    Field-constructed means custom-designed equipment that requires 
welding of structural components in the field during installation; for 
the purposes of this definition, welding does not include attachment 
using mechanical fasteners or brazing; any jackets, shrouds, venting, 
burner, or

[[Page 79228]]

burner mounting hardware are not structural components.
    DOE noted in the March 2016 NOPR that it considered structural 
components include heat exchanger sections, flue tube bundles and 
internal heat exchanger surfaces, external piping to one or more heat 
exchanger sections or locations, and the mechanical supporting 
structure the heat exchanger rests upon in the case where a support 
structure is not provided with the commercial packaged boiler. DOE 
further noted that welding does not include attachment using mechanical 
fasteners or brazing; and any jackets, shrouds, venting, burner, or 
burner mounting hardware are not structural components. Conversely, DOE 
stated that a field-assembled commercial packaged boiler can be 
assembled in the field without the welding of structural components, as 
previously listed.
    DOE received several comments pertaining to the proposed definition 
for ``field-constructed'' in response to the March 2016 NOPR. Bradford 
White expressed support for the proposed definition. (Bradford White, 
No. 39 at p. 2) Lochinvar suggested that because DOE is proposing a 
field test that would be limited to commercial packaged boilers with 
fuel input rates greater than 5,000,000 Btu/h that the same fuel input 
rate limit be included in the definition for field-constructed 
commercial packaged boilers. (Lochinvar, No. 43 at p. 2) NEEA and 
Lochinvar also suggested that the definition for field-constructed 
should mean custom designed equipment that requires American Society of 
Mechanical Engineers (ASME) code stamped with the ``H'' (heating) or 
``R'' (repair) designator welding in the field during installation. 
(NEEA, No. 44 at p. 2; Lochinvar, Public Meeting Transcript, No. 34 at 
p. 21)
    DOE notes that the field-constructed exemption for commercial 
packaged boilers applies to field-constructed equipment of any size; 
the field test methodology accommodates those commercial packaged 
boilers that are not field-constructed (and therefore not exempt from 
DOE regulations) and the size of which makes testing in a laboratory 
setting exceptionally difficult or cost-prohibitive. Therefore DOE is 
not adopting a size limitation in its definition for field-constructed 
as it pertains to commercial packaged boilers. With respect to 
Lochinvar's suggestion that the ASME code for welding could be used to 
limit the scope of what is considered ``field-constructed,'' DOE does 
not believe the ASME stamp requirements are applied equally across all 
jurisdictions, making it a poor indicator that a unit meets the field-
constructed definition. Therefore, DOE will not define field-
constructed to include a requirement that the ASME stamps designators 
for welding be used as a means of delineating field-constructed 
commercial packaged boilers.
    DOE reiterates that field-assembled equipment is covered, is 
required to be tested using the DOE test procedure, and is required to 
comply with the existing energy conservation standards and 
certification requirements.
3. Other Definitions
    DOE also received comments regarding other commercial packaged 
boilers definitions proposed in the March 2016 NOPR. In the March 2016 
NOPR, DOE proposed to modify its definition for combustion efficiency. 
The current definition states that combustion efficiency for a 
commercial packaged boiler ``is determined using test procedures 
prescribed under Sec.  431.86 and is equal to 100 percent minus percent 
flue loss (percent flue loss is based on input fuel energy).'' 10 CFR 
431.82. As noted in the March 2016 NOPR, this definition does not 
sufficiently describe what the metric represents, and therefore DOE 
proposed to define combustion efficiency for a commercial packaged 
boiler as ``a measurement of how much of the fuel input energy is 
converted to useful heat in combustion and is calculated as 100-percent 
minus flue loss, as determined with the test procedures prescribed 
under Sec.  431.86.''
    CIBO, AERCO, and the Gas Associations suggested that DOE's proposed 
definition for combustion efficiency conflicted with the definition 
found in ANSI/AHRI Standard 1500-2015 and that the definition found in 
ANSI/AHRI Standard 1500-2015 should be retained. (CIBO, No. 35 at p. 2; 
Gas Associations, No. 42 at p. 2; AERCO, Public Meeting Transcript, No. 
34 at p. 129-131) AERCO suggested that the DOE's proposed definition 
does not exclude jacket losses but that the definition in ANSI/AHRI 
Standard 1500-2015 does. (AERCO, Public Meeting Transcript, No. 34 at 
p. 129-131) CIBO also suggested that DOE's definition for ``combustion 
efficiency'' should use the higher heating value of the fuel in the 
calculation in order to account for water vapor produced during 
combustion.
    In response, DOE notes that its combustion efficiency definition 
(both current and proposed) defines combustion efficiency as being 
measured under the DOE test procedure whereas industry definitions for 
the term do not. DOE believes that specifying in the definition that 
combustion efficiency is determined using the test procedures 
prescribed under Sec.  431.86 makes clear that where DOE uses the term 
in its regulations it is referring to the metric as determined by DOE's 
test procedure. The rest of the definition provides description of what 
combustion efficiency represents and DOE believes this descriptive 
portion of the proposed definition is consistent with industry 
definitions. In this final rule, however, DOE has modified the 
descriptive portion of the definition to be consistent with that found 
in ANSI/AHRI Standard 1500-2015. Specifically, DOE's definition now 
describes the combustion efficiency as being 100 percent minus the 
percent losses due to dry flue gas, incomplete combustion, and moisture 
formed by combustion of hydrogen. In response to CIBO's comment with 
respect to using a higher heating value, DOE notes that DOE's test 
method and calculations for combustion efficiency incorporate by 
reference the pertinent sections of ANSI/AHRI Standard 1500-2015, 
specifically sections C7.2 and C7.3, which take into account the higher 
heating value of the fuel. Section C7.2.16 of ANSI/AHRI Standard 1500-
2015 uses the measured value for QIN which is calculated 
using the higher heating value of the fuel.
    The Efficiency Advocates suggested that DOE clarify the distinction 
between condensing and non-condensing boilers to ensure that proper 
test conditions are used for any tested commercial packaged boiler. 
(Efficiency Advocates, No. 45 at pp. 2-3) In the March 2016 NOPR, DOE 
proposed to incorporate by reference the definitions for these terms as 
found in ANSI/AHRI Standard 1500-2015. DOE notes that section 3.2.2 in 
ANSI/AHRI Standard 1500-2015 (incorporated by reference in this final 
rule) states that aa condensing commercial packaged boiler means a 
``[commercial packaged] boiler which will, during the laboratory tests 
prescribed in this standard, condense part of the water vapor in the 
flue gases and which is equipped with a means of collecting and 
draining this condensate from the heat exchange section.'' Section 
3.2.5 states that a non-condensing commercial packaged boiler means a 
``[commercial packaged] boiler that is not a condensing [commercial 
packaged] boiler.'' \3\ DOE believes that the definition for condensing

[[Page 79229]]

commercial packaged boiler found in ANSI/AHRI Standard 1500-2015 is 
sufficient for distinguishing from non-condensing commercial packaged 
boilers.
---------------------------------------------------------------------------

    \3\ In the March 2016 NOPR and in this final rule, DOE includes 
language in its test procedure that clarifies that in all sections 
of ANSI/AHRI Standard 1500-2015 that are incorporated by reference, 
the term ``boiler'' means a commercial packaged boiler as defined in 
10 CFR 431.82.
---------------------------------------------------------------------------

B. General Comments

    AHRI, Burnham, Raypak, and the Gas Associations suggested that DOE 
suspend the energy conservation standards rulemaking (Docket EERE-2013-
BT-STD-0030) until after the test procedure is finalized. (AHRI, No. 46 
at p. 9, Public Meeting Transcript, No. 34 at p. 11; Burnham, No. 39 at 
p. 1; Raypak, No. 47 at p. 1; Gas Associations, No. 42 at p. 1) The Gas 
Associations suggested that impacts on ratings originating from the 
test procedure amendments must be known with certainty prior to 
submitting comments on the standards NOPR and that stakeholders must 
know with certainty that the test procedure is technically correct, 
provides for the repeatability of ratings, and can be performed without 
any excessive burden on the manufacturer/test facility. (Gas 
Associations, No. 42 at p. 1) Weil-McLain suggested that DOE violated 
the process rule at 10 CFR part 430, subpart C, Appendix A, and the 
EPCA requirement at 42 U.S.C. 6295(o)(3). (Weil-McLain, No. 41 at p. 
11) Weil-McLain also suggested that simultaneous standards and test 
procedure rulemakings for commercial packaged boilers as well as 
changes to equipment classes could cause serious harm to industry, 
manufacturers, contractors, and consumers. They further stated that the 
simultaneous impact of increasing standards and lowering of ratings due 
to the changing test procedure will render product models unavailable, 
possibly resulting in building owners/consumers and contractors having 
to consider more expensive alternatives. (Weil-McLain, No. 41 at p. 9)
    In response to the comment from Weil-McClain, 42 U.S.C. 6295(o)(3) 
is a provision under Part A of EPCA, ``Energy Conservation Program for 
Consumer Products Other than Automobiles,'' that generally prohibits 
the Secretary from prescribing a new or amended standard for a covered 
consumer product if a test procedure has not been prescribed for that 
consumer product. The test procedure provision is also generally 
applicable to the ``Energy Conservation Program for Certain Industrial 
Equipment,'' with several exceptions, including packaged boilers, the 
subject of this rulemaking. (42 U.S.C. 6311(a)). Nevertheless, DOE 
already has a test procedure in effect for commercial packaged boilers 
and this rulemaking would not result in a lapse in effectiveness during 
which standards would be amended without having a test procedure in 
place. With regard to the Process Rule, DOE developed the Process Rule 
to establish procedures, interpretations and policies to guide DOE in 
the consideration and promulgation of new or revised appliance 
efficiency standards for consumer products under EPCA. 10 CFR part 430, 
subpart C, Appendix A. However, its approach is not prescribed. See, 
paragraph 14 of 10 CFR part 430, subpart C, Appendix A.
    In general, DOE does not believe that the timing of the test 
procedure and standards rulemakings has negatively impacted 
stakeholders' ability to provide meaningful comment on this test 
procedure rulemaking. The March 2016 NOPR included an update to the 
latest industry standard (i.e., ANSI/AHRI Standard 1500-2015), which 
was developed by a consensus-based AHRI process and was released in 
April 2015. Further, in May 2015 AHRI petitioned DOE to replace BTS-
2000 with ANSI/AHRI Standard 1500-2015 in the DOE test procedure for 
commercial packaged boilers. (AHRI, No. 29 at p. 1) DOE understands 
that industry was involved in developing and has experience with the 
changes adopted in ANSI/AHRI Standard 1500-2015. Further, DOE believes 
that its proposals in the March 2016 NOPR were largely consistent with 
the test methodology found in ANSI/AHRI Standard 1500-2015. In response 
to the March 2016 NOPR, stakeholders provided detailed, insightful 
comments on all aspects of the proposal, including those proposals not 
derived from the ANSI/AHRI Standard 1500-2015. This demonstrates that 
industry was able to carefully consider DOE's proposed test procedure 
and how it compared to the current Federal test procedure. 
Nevertheless, DOE granted a 30-day extension of the comment period for 
the energy conservation standards rulemaking (Docket EERE-2013-BT-STD-
0030) to ensure stakeholders had sufficient time to consider the 
proposed test procedure amendments in relation to the proposed 
standards.

C. Adoption of Certain Sections of ANSI/AHRI Standard 1500-2015

    The existing DOE test procedure for commercial packaged boilers 
incorporates by reference BTS-2000 to determine the steady-state 
efficiency of steam or hot water commercial packaged boilers while 
operating at full load. As described in section I, on April 29, 2015, 
AHRI published a new ANSI/AHRI Standard 1500-2015 (ANSI approved 
November 28, 2014), which supersedes BTS-2000. On May 29, 2015, AHRI 
submitted a request directly to DOE to update the incorporation by 
reference in the DOE test procedure to reference the new ANSI/AHRI 
Standard 1500-2015. (Docket EERE-2014-BT-TP-0006, AHRI, No. 29 at p. 1) 
As noted in the March 2016 NOPR, DOE reviewed both standards and DOE 
believes that the recently published ANSI/AHRI Standard 1500-2015 
standard is not unduly burdensome to conduct and represents an 
improvement over BTS-2000 while retaining the general testing 
methodology and metrics (i.e., thermal and combustion efficiency) of 
the existing test procedure. DOE noted that several of the changes 
incorporated into ANSI/AHRI Standard 1500-2015 were also suggested by 
interested parties in public comments responding to DOE's September 
2013 Framework document, November 2014 Preliminary Analysis, and 
February 2014 RFI. DOE therefore proposed to adopt certain sections of 
ANSI/AHRI Standard 1500-2015 in the March 2016 NOPR.
    Several parties responding to the March 2016 NOPR expressed support 
for adopting ANSI/AHRI Standard 1500-2015. (ABMA, No. 38 at p. 1; AHRI, 
No. 46 at p. 2; Burnham, No. 40 at p. 1-3, 9; Raypak, No. 47 at p. 1-2; 
Lochinvar, No. 43 at p.1; Gas Associations; No. 42 at p. 2; NEEA, No. 
44 at p. 1; Weil-McLain, No. 41 at p. 13; ABMA, Public Meeting 
Transcript, No. 34 at p. 12; Crown Boiler, Public Meeting Transcript, 
No. 34 at p. 36) However, multiple parties did not agree with DOE's 
additional proposals and modifications or suggested that DOE's 
proposals meant that DOE was not adopting ANSI/AHRI Standard 1500-2015. 
(AHRI, No. 46 at p. 2; Burnham, No. 40 at p. 1-3, 9; Raypak, No. 47 at 
p. 1-2; Lochinvar, No. 43 at p.1; Gas Associations; No. 42 at p. 2; 
Weil-McLain, No. 41 at p. 13) AHRI, Burnham, and Raypak suggested that 
DOE had not provided clear and convincing evidence pursuant to 42 
U.S.C. 6314(a)(4)(B) that its proposed changes in addition to ANSI/AHRI 
Standard 1500-2015 were necessary. (AHRI, No. 46 at p. 2; Burnham, No. 
40 at p. 1-3, 9; Raypak, No. 47 at p. 1-2)
    As described in section I.A, with respect to commercial packaged 
boilers, EPCA requires DOE to use industry test procedures as 
referenced in ASHRAE/IES Standard 90.1, ``Energy Standard for Buildings 
Except Low-Rise Residential Buildings.'' (42 U.S.C. 6314(a)(4)(A)) 
Further, if such an industry test procedure is amended, DOE is required 
to amend its test procedure to be consistent with the amended industry 
test procedure, unless it determines, by

[[Page 79230]]

rule published in the Federal Register and supported by clear and 
convincing evidence, that the amended test procedure would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, and estimated operating costs of 
that equipment during a representative average use cycle. (42 U.S.C. 
6314(a)(4)(B))
    DOE notes that it adopts industry standards and test procedures to 
the extent possible while satisfying other statutory requirements (such 
as the aforementioned requirement for the test procedure to produce 
results that reflect energy efficiency, energy use, and estimated 
operating costs of that equipment during a representative average use 
cycle. (42 U.S.C. 6314(a)(4)(B)) To accomplish this, DOE often adopts 
certain sections of industry test procedures rather than adopting 
industry standards wholesale. Additionally, DOE is adopts provisions in 
its test procedures that provide for compliance certification and 
enforcement in order to integrate the industry standard into DOE 
regulations. In this final rule, DOE is incorporating by reference 
certain sections of ANSI/AHRI Standard 1500-2015 as the basis of its 
test procedure in satisfaction of 42 U.S.C. 6314(a)(4)(A). Similarly, 
DOE is removing the incorporation by reference of the previously 
referenced industry standard, BTS-2000, as it has been superseded.
    DOE outlined its justification for each of its proposals in the 
March 2016 NOPR. The need and evidence for each provision adopted in 
this final rule is described in the subsequent sections of this final 
rule.

D. Fuel Input Rate Certification and Enforcement

    In the March 2016 NOPR, DOE proposed to standardize its terminology 
by introducing a definition for ``fuel input rate'' and proposed 
provisions for measuring and certifying the value for each basic model. 
Specifically, DOE proposed a procedure for determining the fuel input 
rate, which would be certified to DOE, by using the mean of measured 
values rounded to the nearest 1,000 Btu/h. DOE believed it was 
necessary to make this clarification because the fuel input rate 
determines the division of equipment classes and therefore the 
applicable Federal energy conservation standards for commercial 
packaged boilers.
    Bradford White recommended using the term ``rated input'' instead 
of ``fuel input rate.'' (Bradford White, No. 39 at p. 6) AHRI suggested 
DOE drop its proposed definition and requirements for fuel input rate. 
(AHRI, No. 46 at p. 6) Lochinvar indicated that the boiler industry is 
not confused by the terms used for input rate and would be harmed by 
the DOE's proposed definition (and more significantly) use of the terms 
for input rate. (Lochinvar, No. 43 at p. 10)
    AHRI, Burnham and Lochinvar stated that the maximum rated input is 
determined as part of the safety certification process, that this 
process occurs before efficiency testing, and that the safety 
certification agency requires that the maximum rated input for which 
the boiler is certified is used on the nameplate. (AHRI, No. 46 at p. 
6; Burnham, No. 40 p. 7; Lochinvar, No. 43 at p. 10) AHRI stated that 
the manufacturer's first requirement is to design a model that will 
comply with all the safety standards and codes applicable to that 
boiler model, and that part of this design phase is establishing the 
maximum input rate of the boiler. (AHRI, No. 46 at p. 7) They also 
stated that manufacturers do not conduct efficiency tests until they 
are certain of the model's compliance with the applicable safety 
requirements, and that manufacturers therefore cannot wait until their 
efficiency tests to determine the model's input rating. (AHRI, No. 46 
at p. 7) AHRI stated that with respect to efficiency testing the role 
of the maximum input rating is to assure that the unit is set up to 
fire at the rate at which the model was designed to operate. (AHRI, No. 
46 at p. 6) Lochinvar indicated that the input rate of a commercial 
packaged boiler is more likely to fall slightly below that found on the 
nameplate so as not to exceed its safety certification. (Lochinvar, 
Public Meeting Transcript, No. 34 at p. 117) Raypak also did not 
support DOE's proposed approach for the fuel input rate because the 
rated input is first established during safety certification testing, 
specifically in accordance with ANSI/CSA Z21.13 ``Gas-Fired Low 
Pressure Steam and Hot Water Boilers.'' Raypak further suggested DOE 
accept the fuel input rate from this process for its certification 
reports as is currently done. (Raypak, No. 47 at p. 7)
    DOE proposed a certification procedure for fuel input rate in the 
March 2016 NOPR to standardize and clarify the method by which the fuel 
input rate for a basic model is determined. However, in light of 
comments received, DOE recognizes the precedence of the safety 
certification process during the design and development of commercial 
packaged boilers, particularly with respect to determining the fuel 
input rate for a commercial packaged boiler. DOE acknowledges that in 
general manufacturers subject each model to testing witnessed or 
performed by safety certification organizations that ensure a 
commercial packaged boiler model fires on rate over a range of 
operating conditions and ignitions. DOE also acknowledges that once the 
safety certification body has verified the fuel input rate of a 
commercial packaged boiler, the manufacturer is often obligated to use 
that rate on the nameplate of the commercial packaged boiler and the 
accompanying product literature, and that rate has been the rate used 
when certifying compliance to DOE.
    Lochinvar stated that since the test method and efficiency metric 
change with the classification of the boiler, it makes sense that a 
fixed rating such as ``rated input'' would be used to determine the 
test that should be run. Lochinvar further commented that the DOE 
proposal to use the tested input rate to determine the product class 
creates a paradox where the necessary test is not determined until the 
test is done. (Lochinvar, No. 43 at p. 10)
    AHRI suggested that the proposed definition for input rate would 
assure that the input rate of a model would change every time the 
efficiency test is conducted and that it also creates a paradox where 
the test to be conducted is based on its equipment class but that the 
equipment class is not determined until the test is conducted. (AHRI, 
No. 46 at p. 7) AHRI suggested that comparable models that could meet 
the same design load of a prospective customer would have different 
fuel input rates under DOE's proposal and that this creates a 
distinction without a difference. (AHRI, No. 46 at p. 7) Burnham stated 
that under the proposed rule the manufacturer could be required to 
claim two slightly different inputs for the boiler--one for safety 
certification and one for meeting DOE requirements--and that this is 
burdensome and will create confusion in the field. (Burnham, No. 40 at 
p. 7) Burnham suggested that a boiler could fall into different 
standards categories depending on, for example, the higher heating 
value of the fuel used on the day the unit is tested. (Burnham, No. 40 
at p. 7)
    In light of the safety certification process, DOE is not adopting 
its proposed certification provisions for the fuel input rate. 
Manufacturers must use the rated input for the basic model as 
determined through the safety certification process, which results in 
the maximum rated input listed on the nameplate and in manufacturer

[[Page 79231]]

literature for the basic model. Based on the suggestions made by 
Bradford White, DOE will adopt the term ``rated input'' to mean the 
maximum rate at which a commercial packaged boiler has been rated to 
use energy as indicated by the nameplate or in the manual shipped with 
the commercial packaged boiler, and will adopt ``fuel input rate'' to 
mean the rate at which any particular commercial packaged boiler uses 
energy and is determined using test procedures prescribed under Sec.  
431.86.
    DOE also proposed in the March 2016 NOPR a set of enforcement 
provisions to confirm that the fuel input rate of a commercial packaged 
boiler being tested matched the certified value for rated input for the 
basic model. DOE proposed these provisions to clarify its process for 
determining compliance, specifically for determining the equipment 
class and therefore applicable standard for a commercial packaged 
boiler if it did not fire on rate (within 2-percent of the certified 
rated input value). In the case that a commercial packaged boiler did 
not fire on rate, DOE proposed the following steps:
     DOE will attempt to adjust the gas pressure in order to 
increase or decrease the fuel input rate as necessary;
     If still not on rate, DOE will then attempt to modify the 
gas inlet orifice (e.g., drill) accordingly;
     If still not on rate, DOE will use the measured fuel input 
rate when determining equipment class and the associated combustion 
and/or thermal efficiency standard level for the basic model.
    In response, Bradford White recommended that the following steps be 
taken: The manifold pressure is adjusted; followed by changing the gas 
pressure, if necessary; and lastly, modify the gas orifice(s). 
(Bradford White, No. 39 at p. 6) Bradford White also suggested that DOE 
should consult with the manufacturer on how to achieve desired 
conditions if adjustments do not allow a model to operate within 2-
percent of its rated input. (Bradford White, No. 39 at p. 6) Similarly, 
AHRI suggested that if, during testing, a unit cannot be put on rate 
and the input rate that is achieved in that situation would put the 
model in a different equipment class, DOE should ask the manufacturer 
for the documentation that confirms that the nameplate input rate is 
the value certified by the testing agency which certified the model's 
compliance with the applicable safety standards. (AHRI, No. 46 at p. 7) 
Raypak opposed the proposal that DOE attempt to modify gas inlet 
orifices when the fuel input rate of a boiler is not within 2-percent 
of the certified value because several of its commercial packaged 
boilers use zero-governor technology that use a nozzle instead of an 
orifice. The nozzle cannot simply be drilled to gain more gas flow, and 
drilling would damage the nozzle. Raypak suggested that DOE consult 
manufacturer's instructions and input before attempting to adjust the 
input rate. (Raypak, No. 47 at p. 7)
    DOE agrees with Bradford White that adjusting the manifold pressure 
of a commercial packaged boiler could bring the measured fuel input 
rate of a unit to within 2-percent of the rated input during testing. 
DOE notes that its proposed regulatory text stated that it would modify 
``gas pressure'' without specifying inlet or manifold and therefore 
such modification would be attempted. In this final rule, DOE clarifies 
that it would attempt to alter the manifold pressure and inlet pressure 
in order to bring the measured fuel input rate to within 2-percent of 
the rated input. In response to Raypak's comments, DOE agrees that 
manufacturer's instructions should first be consulted and therefore is 
adopting additional language to clarify that this would occur before 
any attempts at adjust the commercial packaged boiler or test set-up 
are made. DOE also notes, however, that its language adopted in this 
notice states that DOE will attempt each modification as specified in 
the test procedure. DOE will therefore use its discretion as well as 
rely on the discretion of the third-party test laboratory in attempting 
each modification as may be required to bring the measured fuel input 
rate of a gas-fired unit to within 2-percent of rated input. If a 
commercial packaged boiler uses a nozzle rather than an orifice, DOE 
would not attempt to drill the nozzle as the provision clearly states 
that only a gas inlet orifice would be drilled (if the unit is equipped 
with one). DOE also clarifies that this set of attempts to bring a 
tested unit on rate apply only to gas-fired commercial packaged 
boilers, and that DOE would not attempt modifications for oil-fired 
equipment.
    Raypak suggested that rounding fuel input rates to the nearest 
1,000 Btu/h will create confusion and uncertainty. (Raypak, No. 47 at 
p. 7) BWC disagreed with the proposal that a model's measured input is 
to be rounded to the nearest 1,000 Btu/hr and does not see a value in 
rounding the input. The model, if not already, must be adjusted to 
achieve its rated input  2-percent. (BWC, No. 39 at p. 6) 
DOE notes that the provision requiring rounding fuel input rates to the 
nearest 1,000 Btu/h was associated with the certification process for 
fuel input rate and is not being adopted in this final rule. Raypak's 
and BWC's concerns are therefore now moot.

E. Testing of Large Commercial Packaged Boilers

    In the March 2016 NOPR, DOE acknowledged that large commercial 
packaged boilers may not be fully assembled until they are installed at 
the field site, which may preclude them from being tested in a 
laboratory setting. DOE also recognized that, as the size of the 
equipment increases, testing costs incurred to condition the incoming 
water and air to the test procedure rating conditions, as well as 
management of the hot water generated during testing, also 
significantly increases. DOE therefore proposed several provisions for 
its commercial packaged boiler test procedure that would accommodate 
the testing of large units.
1. Optional Field Test
    DOE proposed a field test option for commercial packaged boilers 
with fuel input rates greater than 5,000,000 Btu/h. If electing to use 
this option, a manufacturer would test the combustion efficiency of a 
commercial packaged boiler once assembled in the field in order to 
certify compliance with the applicable energy conservation standard. As 
discussed in the March 2016 NOPR, DOE proposed this option in response 
to industry concerns that the DOE test procedure was difficult or 
impossible to conduct for large commercial packaged boilers. DOE 
recognized that commercial packaged boilers with high fuel input rates 
(i.e., greater than 5,000,000 Btu/h) may not be fully assembled until 
they are installed at the field location which may preclude them from 
being tested in a laboratory setting. The proposed field test option 
would allow for compliance certification based on testing of only one 
unit, and would include exemptions for certain set-up, ambient 
condition, and water temperature requirements that would be difficult 
or impossible to meet in the field.
    In response, Farrelly supported the field testing option while 
several commenters did not. (Khan, No. 31 at p. 1; ABMA, No. 38 at p. 
2; Bradford White, No. 39 at p. 3; AHRI, No. 46 at p. 6; Burnham, No. 
40 at p. 2; Raypak, No. 47 at p. 3; Lochinvar, No. 43 at p. 4; Weil-
McLain, No. 41 at p. 6, 14; Farrelly, Public Meeting Transcript, No. 34 
at p. 165) Although Bradford White did not agree with allowing 
commercial packaged boilers to be tested in the field, it suggested 
that it is already common practice to field test boilers

[[Page 79232]]

with inputs greater than 5,000,000 Btu/h because laboratories are not 
able to test them. (Bradford White, No. 39 at pp. 2-3) Burnham 
suggested that the proposed optional field test violates 42 U.S.C. 
6314(a)(4)(B). (Burnham, No. 40 at p. 2) AHRI stated that in the field 
a test cannot be conducted per ANSI/AHRI Standard 1500-2015. (AHRI, 
Public Meeting Transcript, No. 34 at p. 144)
    In response to Burnham's suggestion that the proposed optional 
field test violates EPCA42 U.S.C. 6314(a)(4)(B), DOE notes that under 
that provision DOE may, by rule published in the Federal Register and 
supported by clear and convincing evidence, determine that the amended 
test procedure would be unduly burdensome to conduct or would not 
produce test results that reflect the energy efficiency, energy use, 
and estimated operating costs of that equipment during a representative 
average use cycle. Further, 42 U.S.C. 6314(a)(2) requires that DOE test 
procedures not be unduly burdensome to conduct. As discussed in the 
March 2016 NOPR, DOE received input from multiple stakeholders 
responding to the September 2013 Framework document and November 2014 
Preliminary Analysis (Docket EERE-2013-BT-STD-0030) that indicated the 
DOE test procedure (referencing BTS-2000) was impractical for large 
commercial packaged boilers not only because of the size limitation of 
manufacturer and laboratory facilities, but also because these 
commercial packaged boilers are often not fully assembled until they 
are on site for installation. For example, in response to the March 
2016 NOPR Weil-McLain indicated that testing commercial packaged 
boilers with rated input 10,000,000 Btu/h boilers and higher is cost 
prohibitive. (Weil-McLain, No. 41 at p. 6, 15) DOE proposed the field 
test option using the combustion efficiency measurement because such a 
test would be simpler, shorter in duration, and could be conducted in 
the field after a commercial packaged boiler has been assembled. DOE 
therefore believes that its proposal satisfied both the requirements 
found at 42 U.S.C. 6314(a)(2) and 42 U.S.C. 6314(a)(4)(B) to adopt a 
test procedure that is not unduly burdensome to conduct. Moreover, DOE 
solicited suggestions for alternatives to the field test option by 
which manufacturers could certify compliance for large commercial 
packaged boilers but did not receive any such suggestions.
    ABMA, Lochinvar, and Crown Boiler stated that meeting the required 
room temperature and humidity conditions would be difficult or 
impossible in the proposed field test. (ABMA, No. 38 at p. 2; 
Lochinvar, No. 43 at p. 4; Crown Boiler, Public Meeting Transcript, No. 
34 at p. 10, 151-152) (DOE notes that the proposed field test option in 
the March 2016 NOPR did not require ambient room temperature and 
relative humidity requirements to be met.) AHRI, Lochinvar and Raypak 
expressed concern that the field test would potentially decrease 
accuracy and repeatability of the test, and AHRI and Lochinvar 
suggested this is due to the lack of tightly controlled operating 
conditions. (AHRI, No. 46 at p. 6; Lochinvar, No. 47 at p. 2; Raypak, 
No. 47 at p. 3) Lochinvar, Weil-McLain, and AERCO suggested that the 
field test option would not result in comparable ratings between 
equipment because laboratory tests would need to meet tight operating 
conditions while field tests would not. (Lochinvar, No. 43 at p. 2, 4, 
Public Meeting Transcript, No. 34 at p. 149; Weil-McLain, No. 41 at p. 
6, 14; AERCO, Public Meeting Transcript, No. 34 at p. 149-151) Weil-
McLain also suggested that a commercial packaged boiler tested using 
the field test option could meet the standard for its equipment class 
but not meet the standard when tested in a laboratory environment using 
the proposed test conditions. (Weil-McLain, No. 41 at p. 6)
    As was noted in the March 2016 NOPR, DOE agrees that a field test 
option will inherently be more variable than a test conducted in a 
laboratory environment. However, as DOE noted in this preamble, the 
field test option will accommodate testing of commercial packaged 
boilers that currently are difficult or impossible to test. 
Manufacturers are obligated to certify that their equipment meets DOE 
standards as measured according to the DOE test procedure. While 
manufacturers have indicated that there are certain commercial packaged 
boilers that cannot be tested using the current DOE test procedure, 
they have generally opposed the field test option and have not put 
forth an alternative method of test that would address this. DOE notes 
that manufacturers will be required to submit certain parameters 
including water temperatures and ambient conditions as part of the 
compliance report for comparison to future tests of the same unit or 
another unit of the same basic model. A manufacturer may continue to 
use the standard laboratory method if it believes such a test would be 
more representative of the efficiency of its equipment. Additionally, 
for enforcement tests, DOE recognizes that a field test could not meet 
the existing laboratory accreditation requirements found at 10 CFR 
429.110(a)(3) and there is adopting an exception in this section 
specifically for field tests of commercial packaged boilers.
    Raypak stated that with respect to the field test, 10 CFR 
429.12(a), which requires that certification of equipment occur before 
distribution in commerce, would not be met if product is allowed to be 
advertised and sold before ratings are established. (Raypak, No. 47 at 
p. 3) Raypak stated that DOE must forbid the use of thermal efficiency 
advertising for models using the field testing method because testing 
will not have been performed yet to qualify those metrics. (Raypak, No. 
47 at p. 3) Lochinvar and AHRI expressed concern that with respect to 
field testing commercial packaged boilers could potentially be sold 
into commerce without having a rating beforehand. (Lochinvar, Public 
Meeting Transcript, No. 34 at p. 148; AHRI, Public Meeting Transcript, 
No. 34 at p. 161) Weil-McLain suggested that if field testing is 
allowed, each unit should be required to be tested and the data from a 
field test unit should not be used to qualify that model for future 
sales without field testing every installation. (Weil-McLain, No. 41 at 
p. 15)
    In response to Raypak's concern regarding certification of 
equipment prior to distribution in commerce, DOE notes that in the 
March 2016 NOPR, DOE proposed a provision under 10 CFR 429.60 that 
would allow for certification of equipment not previously certified 
within 15 days of commissioning. This equipment-specific provision 
overrides the general provision of 429.12 requiring certification prior 
to distribution in commerce. In response to Raypak's suggestion that 
DOE should prohibit representations of thermal efficiency based on 
field testing because the field testing would not yet have been 
performed to substantiate the representation, DOE notes that 42 U.S.C. 
6314(d)(1) requires that representations of efficiency be based on 
testing in accordance with the DOE test procedure. If a manufacturer 
wishes to make representations of efficiency, the commercial packaged 
boiler basic model must first be certified as having been tested and 
compliant with the standard, which can reflect testing either using the 
normal laboratory test for thermal or combustion efficiency (as 
applicable pursuant to 10 CFR 431.87) or using an alternative 
efficiency determination method (AEDM). Such an AEDM could be based on 
testing for the smallest model in a basic model line and applied to the 
larger models in order to certify

[[Page 79233]]

compliance. Likewise, representations for a commercial packaged boiler 
model that has been previously certified using field test data could be 
made (i.e., a subsequently distributed unit of the same basic model).
    DOE does not agree with Weil-McLain's suggestion that each 
installation of a field tested model would always need to be tested. If 
a commercial packaged boiler basic model is certified using the field 
test method, the manufacturer is certifying that each unit of that 
basic model complies with the applicable energy conservation standard 
as is the case with any basic model that uses the laboratory method 
(i.e., not field tested) of testing and certification. DOE believes 
that requiring the testing and certification of each unit of a basic 
model in the field would be unduly burdensome. If the manufacturer is 
uncomfortable with its certification due to uncertainty whether 
subsequent units will comply with the standard, the manufacturer may 
choose to test each subsequent unit.
    ABMA does not support the field test option as proposed because 
once a boiler leaves a manufacturer's shipping dock, ownership 
transfers to the purchaser of the equipment and the boiler manufacturer 
has no further control over it. ABMA suggested that, even if an owner 
is willing to allow a field test, they are likely only willing to allow 
testing during summer (non-heating) months; however, the heating load 
available on the building during the summer is insufficient to perform 
a test even at night. ABMA further indicated that installation of the 
necessary equipment and instrumentation is unlikely to be allowed by 
the owner, particularly stack thermocouple grids and flow meters. 
(ABMA, No. 38 at p. 2, Public Meeting Transcript, No. 34 at p. 140-141) 
Similarly, Lochinvar indicated that conducting efficiency tests 
requires time and, depending on field installations, could involve some 
risk of damage to equipment. They suggested that building inspectors 
will not typically have the training to conduct the desired tests or 
verify proper execution of the test if they are providing oversight. 
Additionally, Lochinvar stated that a third-party inspector that 
delivers a non[hyphen]compliant result might find themselves the 
subject of a lawsuit questioning their methodology and results. 
(Lochinvar, No. 43 at p. 4)
    To allow for testing in factory fire test areas ABMA suggested 
modifying the definition of field test to mean a combustion efficiency 
test that is conducted in a location other than a laboratory setting. 
ABMA stated that doing so would reduce problems associated with field 
testing to a mostly manageable level. (ABMA, No. 38 at p. 2) ABMA also 
stated that certification after distribution in commerce may be a 
worthwhile course of action provided that its other concerns for the 
field test provisions are accounted for. (ABMA, No. 38 at p. 3)
    DOE agrees with ABMA's suggestion that a test performed in a 
factory fire test area (i.e., a manufacturer facility or space with 
fewer test capabilities than a laboratory) could meet the requirements 
of DOE's proposed field test while alleviating concerns regarding 
ownership and access to the installed commercial packaged boiler for 
testing. The regulatory language proposed in the March 2016 NOPR and 
being adopted in this final rule allows for such testing.
    AHRI suggested that DOE consider additional modifications to the 
AEDM to allow a means to certify that large input models comply with 
the applicable minimum efficiency standard; however, AHRI did not 
provide additional detail or suggest how this might be accomplished. 
(AHRI, No. 46 at p. 6) Lochinvar stated that, if DOE will allow the use 
of the ANSI/AHRI Standard 1500-2015 test method and AEDMs, there should 
be no need for field testing of boilers. Lochinvar further stated that 
it believes that the combination of testing according to ANSI/AHRI 
Standard 1500-2015, conversion methodology and use of the AEDM should 
provide manufacturers adequate options to verify their boilers' 
performance. Lochinvar noted that this may require production of the 
smallest products in a given family for ``lab'' testing and encouraged 
DOE to allow some grace period for the production of these units and 
the accompanying test data to minimize the burden on these 
manufacturers. (Lochinvar, No. 43 at p. 4, 5) Lochinvar also noted that 
it understands that the performance of any commercial packaged boiler 
is to be verified before it is introduced to commerce and encouraged 
DOE to apply the appropriate rules fairly to all manufacturers. 
(Lochinvar, No. 43 at p. 4) ACEEE commented that allowing AEDMs for the 
certification of commercial packaged boilers that are too large for 
testing in a lab may be preferable to field tests. (ACEEE, Public 
Meeting Transcript, No. 34 at p. 148) ACEEE and ABMA also raised a 
concern that the AEDM process may not be feasible for large commercial 
packaged boilers because AEDMs are based on testing of multiple units 
of the same model and that commercial packaged boilers models with 
rated inputs above 5,000,000 Btu/h may only ever have one unit 
produced. (ACEEE, Public Meeting Transcript, No. 34 at p. 156; ABMA, 
Public Meeting Transcript, No. 34 at p. 157)
    DOE notes that representations based on the amended test procedure 
are not required until November 6, 2017 which allows manufacturers time 
to comply with the amended test procedure. Additionally, DOE believes 
that its provisions for AEDMs as they pertain to commercial packaged 
boilers adequately address AHRI's and Lochinvar's suggestions and 
mitigate test burden. An AEDM may be validated based on tests of any 
individual models in a validation class that meet or exceed the Federal 
energy conservation standard regardless of size. The tests could 
therefore be performed on the smallest individual model in a validation 
class and the AEDM could then be applied to certify the compliance of 
all other sizes. With respect to ACEEE and ABMA's concern regarding the 
number of units required for validating the AEDM, DOE notes that only 
one unit for each basic model of a validation class is required to be 
tested for comparison to the AEDM pursuant to 10 CFR 429.70(c)(2)(i).
    However, as noted in the March 2016 NOPR, DOE believes that field 
tests of commercial packaged boilers would not be a sufficient basis 
for AEDMs applied to models below the 5,000,000 Btu/h and therefore 
proposed that AEDMs validated using field test data could only be 
applied to commercial packaged boilers with fuel input rates greater 
than 5,000,000 Btu/h. In response to the concern expressed by ACEEE and 
ABMA regarding the ability to develop an AEDM applicable to commercial 
packaged boilers with rated inputs greater than 5,000,000 Btu/h, DOE 
notes that manufacturers could develop the AEDM based on testing of 
commercial packaged boilers with rated inputs less than 5,000,000 Btu/h 
and applying the AEDM to larger models, thereby mitigating this 
concern.
    ABMA believes the threshold for allowing the field test and 
conversion methodology should be reduced to 2,500,000 Btu/h from 
5,000,000 Btu/h to match normal capacity breaks in product lines. 
(ABMA, No. 38 at p. 3) AHRI indicated that it is feasible to conduct 
the thermal efficiency test on steam commercial packaged boilers with 
rated inputs greater than 2,500,000 Btu/h and less than or equal to 
5,000,000 Btu/h. (AHRI, No. 46 at p. 8) However, Bradford White 
suggested that requiring laboratory tests for commercial packaged 
boilers between 2,500,000 Btu/h and 5,000,000 Btu/h would require 
laboratory upgrades totaling $300,000. (Bradford White, No. 39 at p.

[[Page 79234]]

2-3) Lochinvar opposes all ``field testing;'' however, if allowed, 
Lochinvar suggested the lower limit for field constructed boilers must 
be no lower than 5,000,000 Btu/h because [commercial] packaged boilers 
are widely available in this input rate and should not be unequally 
tested and rated. (Lochinvar, No. 43 at p. 4) Weil-McLain suggested 
that if the field test option is kept that it only be available to 
10,000,000 Btu/h boilers and larger because testing these boilers is 
cost prohibitive. (Weil-McLain, No. 41 at p. 6, 15) Weil-McLain also 
indicated that testing water and steam commercial packaged boilers with 
inputs between 2,500,000 Btu/h and 5,000,000 Btu/h is already done in 
many facilities. (Weil-McLain, No. 41 at p. 14)
    The purpose of the field test option is to alleviate the test 
burden for large capacity commercial packaged boilers that is largely 
the result of laboratory facility limitations. As such, DOE believes 
that a minimum 5,000,000 Btu/h threshold for the field test option is 
appropriate as indicated in Lochinvar's and AHRI's comments, as well as 
Weil-McLain's indication that laboratory testing for commercial 
packaged boilers between 2,500,000 and 5,000,000 Btu/h is already 
common. In response to Bradford White's indication that incorporating 
commercial packaged boilers with inputs greater than 2,500,000 Btu/h 
and 5,000,000 Btu/h would impose costs, DOE does not believe costs 
associated with testing such units are prohibitive, as other parties 
have suggested that such testing is already commonly performed. In 
response to ABMA's comments that the threshold should be lowered to 
2,500,000 Btu/h, DOE does not agree that capacity breaks in product 
lines is sufficient justification for such an allowance. In response to 
Weil-McLain's suggestion to raise the threshold to 10,000,000 Btu/h, 
DOE notes that the field test is an option, not a requirement, and that 
raising the threshold to 10,000,000 Btu/h would likely result in 
manufacturers and laboratory facilities needing to make major 
investment in laboratory capabilities in order to be able to perform 
laboratory tests up to such a capacity.
2. Optional Conversion of Combustion Efficiency to Thermal Efficiency
    As an additional provision for accommodating large commercial 
packaged boilers (rated input greater than 5,000,000 Btu/h) DOE 
proposed in the March 2016 NOPR a conversion from combustion efficiency 
to thermal efficiency for steam commercial packaged boilers. While hot 
water commercial packaged boilers of the same size must meet a Federal 
energy conservation standard using the combustion efficiency metric, 
steam commercial packaged boilers must meet a thermal efficiency 
standard. The thermal efficiency test uses a more complex set-up and 
instrumentation and would be difficult to conduct in the field. Under 
the proposal, manufacturers could test a steam commercial packaged 
boiler for combustion efficiency (in a laboratory or in the field) and 
convert to thermal efficiency using an equation.
    In response to this proposal, ABMA agreed with the concept of the 
conversion but did not agree that a single number (2-percent difference 
between combustion and thermal efficiency) is applicable across a broad 
range of sizes. They suggested that the difference should be capacity 
dependent and provided the following data for the difference between 
combustion and thermal efficiency: 4,185,000 Btu/h: 0.56 percent, 
10,463,000 Btu/h: 0.41 percent, 31,383,000 Btu/h: 0.24 percent, and 
50,220,000 Btu/h: 0.18 percent. Alternatively, ABMA suggested that a 
manufacturer could use size-specific data on radiation loss. (ABMA, No. 
38 at p. 3, Public Meeting Transcript, No. 34 at p. 87) Bradford White 
stated that the 2-percent difference was not appropriate and suggested 
reviewing active products in the AHRI directory. (Bradford White, No. 
39 at p. 3) Lochinvar stated that the proposed conversion method was 
appropriate; however, Lochinvar also stated that they did not agree 
with any attempt to convert between combustion and thermal efficiency. 
They further suggested that using a fixed conversion factor is not 
accurate or appropriate. (Lochinvar, No. 43 at p. 4-5)
    Weil-McLain stated that the 2-percent difference between combustion 
and thermal efficiency is arbitrary and will not result in reliable 
thermal efficiency results. (Weil-McLain, No. 41 at p. 8) Weil-McLain 
also suggested that manufacturers could take advantage of the 
conversion by removing insulation which would increase jacket losses 
and combustion efficiency but not result in higher thermal efficiency. 
(Weil-McLain, No. 41 at p. 15) They also suggested that if thermal 
efficiency cannot be directly measured or derived based on jacket loss 
measurements then it should not be the specified efficiency method for 
that equipment class. Finally, Weil-McLain stated that the range of 
values for the difference between combustion and thermal efficiency is 
much larger than the 0.5 percent to 2.0-percent cited in the March 2016 
NOPR. (Weil-McLain, No. 41 at p. 15)
    Relatedly, AERCO commented that, if only the combustion efficiency 
test were required for large commercial packaged boilers, the test 
burden would be manageable. They indicated that investment in water 
pump and heat dissipation equipment may be necessary, but that running 
a test may amount to $30,000 to $40,000 which is considered reasonable 
when compared to the cost of some large commercial packaged boilers 
($100,000 to $200,000). (AERCO, Public Meeting Transcript, No. 34 at p. 
154) ABMA indicated that there would still be a limit to the size of 
commercial packaged boilers that could be tested even if performing 
only the combustion efficiency test. (ABMA, Public Meeting Transcript, 
No. 34 at p. 154)
    DOE notes that the intent of the optional combustion to thermal 
efficiency methodology is to reduce test burden for manufacturers that 
have found it difficult to test the thermal efficiency of commercial 
packaged boilers with rated inputs greater than 5,000,000 Btu/h. This 
is supported by AERCO's comment that performing a combustion test would 
be achievable for large commercial packaged boilers. Manufacturers have 
the option of continuing to use the thermal efficiency test if they 
believe it will result in a more accurate representation of their 
equipment's efficiency. As described in the March 2016 NOPR, DOE 
analyzed a subset of the AHRI directory (as of January 2015) \4\ in 
order to determine a value for the conversion; specifically, DOE 
considered the difference between rated combustion and thermal 
efficiency for all steam commercial packaged boilers with rated input 
larger than 5,000,000 Btu/h. DOE found 52 basic models of steam 
commercial packaged boilers with a rated input larger than 5,000,000 
Btu/h and the difference between rated combustion and thermal 
efficiency ranged between 0.5 percent and 2.0-percent. DOE acknowledges 
that the range may be wider (and may include values for which the 
thermal efficiency is greater than the combustion efficiency) for other 
subsets of commercial packaged boilers or for all commercial packaged 
boilers as a whole. However, this methodology would only be available 
to steam commercial packaged boilers with rated input greater than 
5,000,000 Btu/h and

[[Page 79235]]

therefore DOE used only that subset of data.
---------------------------------------------------------------------------

    \4\ Available at: https://www.ahridirectory.org/ahridirectory/pages/home.aspx
---------------------------------------------------------------------------

    Additionally, DOE used a single value of 2.0 that represents the 
maximum difference between combustion and thermal efficiency for those 
commercial packaged boilers in order to generate conservative ratings 
for basic models certified using this methodology. If manufacturers 
believe their equipment is capable of achieving a higher thermal 
efficiency, they may elect to use the thermal efficiency test rather 
than the combustion efficiency test and conversion. DOE notes that the 
thermal efficiency test may still be used for DOE enforcement testing; 
and therefore, DOE does not believe that manufacturers would be likely 
to manipulate the test to achieve a better result as Weil-McLain 
suggests.
    With respect to Weil-McLain's suggestion to use combustion 
efficiency as the metric for this equipment class, EPCA directs DOE to 
consider amending its energy conservation standards for commercial 
packaged boilers each time ASHRAE amends ASHRAE/IES Standard 90.1. (42 
U.S.C. 6313(a)(6)(A)) Pursuant to EPCA, on July 22, 2009, DOE published 
a final rule adopting the thermal efficiency metric as the energy 
efficiency descriptor for eight of ten equipment classes of commercial 
packaged boilers in order to conform to ASHRAE/IES Standard 90.1-2007. 
74 FR 36314. DOE is not reconsidering the efficiency metric used for 
any equipment class of commercial packaged boilers at this time.

F. Hot Water Temperatures

    In the March 2016 NOPR, DOE proposed modifications to the water 
temperatures for hot water tests of commercial packaged boilers. In the 
current DOE test procedure (which incorporates by reference BTS-2000), 
inlet water temperature for a non-condensing commercial packaged boiler 
can be between 35 [deg]F and 80 [deg]F and outlet water temperature 
must be 180 [deg]F  2 [deg]F. For a condensing commercial 
packaged boiler, inlet water temperature must be 80 [deg]F  
5 [deg]F and outlet water temperature must be 180 [deg]F  2 
[deg]F (at Point C in). ANSI/AHRI Standard 1500-2015, which replaced 
BTS-2000 and was proposed for incorporation by reference in the March 
2016 NOPR, did not change these temperature requirements. These inlet 
and outlet temperature requirements result in a temperature rise across 
the heat exchanger ranging from 98 [deg]F to 147 [deg]F for a non-
condensing commercial packaged boiler and from 93 [deg]F to 107 [deg]F 
for a condensing commercial packaged boiler. Also, BTS-2000 and ANSI/
AHRI Standard 1500-2015 permit recirculating loops, allowing heated 
outlet water to be reintroduced into the incoming water thereby 
increasing the temperature of the inlet water entering the commercial 
packaged boiler (see further discussion in section III.F.2). As stated 
in the March 2016 NOPR, DOE identified several issues with these 
temperature requirements based on comments received in response to the 
October 2013 Framework document, February 2014 RFI, and the November 
2014 Preliminary Analysis, as well as through manufacturer interviews 
and a review of the existing DOE test procedure. The issues included:
     The current temperature rise is unrepresentative of actual 
operating conditions;
     The current temperature rise may induce excessive stresses 
on some commercial packaged boilers; and
     The presence of recirculating loops during testing leads 
to significant variability in the actual temperature rise across the 
commercial packaged boiler.
    DOE therefore proposed modifications to the inlet and outlet water 
temperature requirements that would result in a consistent 40 [deg]F 
nominal temperature rise for all commercial packaged boilers. For 
condensing commercial packaged boilers, DOE proposed an inlet 
temperature of 80 [deg]F and an outlet temperature of 120 [deg]F, and 
for non-condensing commercial packaged boilers DOE proposed an inlet 
temperature of 140 [deg]F and an outlet temperature of 180 [deg]F. 
Additionally, while recirculating loops could still be used, DOE 
proposed that the inlet temperature would be measured downstream of 
where the loop would reenter the incoming water stream, immediately 
prior to the water entering the commercial packaged boiler.
1. General Comments
    Burnham, Weil-McLain, and the Efficiency Advocates agreed that the 
temperatures in the current test procedure (BTS-2000, or equivalently 
in ANSI/AHRI Standard 1500-2015) were not representative of actual 
installation/field conditions for commercial packaged boilers. 
(Burnham, No. 40 at p. 3; Efficiency Advocates, No. 45 at p. 1-2; Weil-
McLain, No. 41 at p.7) Weil-McLain further suggested that BTS-2000 was 
not intended to simulate actual installation conditions for the boiler 
and that a 100 [deg]F temperature rise would not have been used in BTS-
2000 otherwise. (Weil-McLain, No. 41 at p. 17) Burnham further stated 
that, even though the water temperatures found in ANSI/AHRI Standard 
1500-2015 are not representative of those seen in the field, this does 
not necessarily mean that resulting efficiency measurements are not 
representative of what would be found in the field. (Burnham, No. 40 at 
p. 3)
    Bradford White, NEEA, and the Efficiency Advocates stated that 
DOE's proposed water temperatures would more accurately reflect 
operating temperatures found in the field. (Bradford White, No. 39 at 
p. 3; NEEA, No. 44 at p. 2; Efficiency Advocates, No. 45 at p. 1-2) 
AERCO also stated that continuing to use the 80 [deg]F inlet and 180 
[deg]F outlet temperatures is unrealistic and that this should be 
changed even if ratings are affected. (AERCO, Public Meeting 
Transcript, No. 34 at p. 12) NEEA stated that, for non-condensing 
commercial packaged boilers, hot water coils that provide heating are 
designed to provide a 20 [deg]F temperature drop across the coil with a 
design supply water temperature of 180 [deg]F on the coldest days and 
160 [deg]F on mild days. NEEA stated that the 20 [deg]F temperature 
drop across the coil prevents the return water from being less than 140 
[deg]F (when the supply water temperature is 160 [deg]F), which 
prevents condensing from occurring, and that the 40 [deg]F rise 
proposed by DOE is more representative than the range used in ANSI/AHRI 
Standard 1500-2015. For condensing commercial packaged boilers, NEEA 
stated that the 40 [deg]F temperature rise is also more representative 
of typical conditions in a commercial building, and that water is 
typically supplied to the building at 120 [deg]F and returned to the 
commercial packaged boiler at 100 [deg]F. (NEEA, No. 44 at pp. 1-2) The 
Efficiency Advocates similarly commented that return water for a non-
condensing commercial packaged boiler must be at or above 140 [deg]F to 
prevent condensing and possible corrosion. (Efficiency Advocates, No. 
45 at pp. 1-2)
    The Efficiency Advocates also suggested that the specificity of 
DOE's proposed inlet and outlet temperature requirements would improve 
consistency and repeatability across ratings and tests. (Efficiency 
Advocates, No. 45 at pp. 1-2) The Efficiency Advocates also supported 
the proposal to measure the inlet water temperature downstream of where 
inlet water enters the unit such that the actual temperature of the 
water entering the commercial packaged boiler would not be obscured. 
(Efficiency Advocates, No. 45 at p. 1) The CA IOUs supported DOE's 
proposal for a fixed inlet water temperature as opposed to the 35 
[deg]F to 80 [deg]F range currently allowed because consumers could 
more confidently

[[Page 79236]]

compare the ratings of commercial packaged boiler models. (CA IOUs, No. 
48 at p. 2)
    However, several stakeholders including AHRI, Burnham, Raypak, 
Lochinvar and Weil-McLain, suggested that DOE's proposed water 
temperatures would impact ratings, and presented test results that 
showed a range of effects on thermal efficiency from a decrease of up 
to 1.4-percent to an increase of up to 1.8-percent. (AHRI, No. 46 at p. 
3; Burnham, No. 40 at p. 4; Raypak, No. 47 at p. 4; Lochinvar, No. 43 
at p. 7; Weil-McLain, No. 41 at p. 4, 8, 10) AHRI stated that the 
current water temperature conditions specified in BTS-2000 and 
maintained in ANSI/AHRI Standard 1500-2015 should be retained without 
change. (AHRI, No. 46 at p. 3) AHRI further stated that the aggregate 
effect on ratings is irrelevant to a commercial packaged boiler model 
that just complies with the standard and whose rating is lowered by the 
proposed test procedure. (AHRI, No. 46 at p. 3) Burnham suggested that 
the proposed water temperatures would trigger manufacturers to 
recertify and could result in non-compliance for some models, while 
Crown Boiler and Raypak suggested that all manufacturers would need to 
retest all models. (Burnham, No. 40 at p. 4, 5; Crown Boiler, Public 
Meeting Transcript, No. 34 at p. 10; Raypak, No. 47 at p. 4, 6) 
Lochinvar questioned why, if the amended test procedure is not expected 
to change ratings, manufacturers should be burdened with rerating their 
units. (Lochinvar, Public Meeting Transcript, No. 34 at p. 49) NEEA 
suggested that DOE create a crosswalk to convert old test data to new 
test data as a way of reducing testing burden. (NEEA, Public Meeting 
Transcript, No. 34 at p. 34) Burnham raised the concern that reducing 
the temperature rise would increase measurement error and therefore the 
thermal efficiency error by 2.5 times. (Burnham, No. 40 at p.5) DOE 
believes that Burnham arrived at the factor of 2.5 by dividing a 100 
[deg]F temperature rise by the proposed 40 [deg]F temperature rise, and 
that Burnham is suggesting that the measurement error would increase in 
the same proportion as the decrease in temperature rise. DOE notes that 
such a scenario would only happen in those instances where 
recirculating loops are not currently used during testing, e.g., cast 
iron sectional commercial packaged boilers.
    The Gas Associations suggested that DOE document specific 
differences in efficiency that result from the water temperature 
changes as compared to ratings produced by ANSI/AHRI Standard 1500-2015 
so that manufacturers could evaluate the impacts the temperature 
changes would have on their specific models. (Gas Associations, No. 42 
at p. 2) The CA IOUs suggested that test data from Pacific Gas and 
Electric (PGE) showed changes in efficiency resulting from different 
inlet and outlet water temperatures, but that this testing was done 
according to a different test protocol and it remains unclear how the 
changes proposed in the NOPR will impact the efficiency of commercial 
packaged boilers on the market. (CA IOUs, No. 48 at p. 4)
    DOE is sensitive to concerns regarding the impact of the test 
procedure amendments on ratings, particularly for commercial packaged 
boilers that were not previously able to use a recirculating loop for 
reducing the temperature rise across the unit, as there was a 
significant difference in inlet water temperature in the NOPR for units 
not using a recirculating loop as compared to the current test method. 
(Recirculating loops are considered in section III.F.2.) However, DOE 
continues to believe that an inlet water temperature range of 35 [deg]F 
to 80 [deg]F is an unnecessarily large range due to the capabilities of 
current test facilities, and that lower temperatures in that range are 
particularly unrepresentative of water temperatures found in the field. 
In this final rule, DOE is therefore adopting an inlet temperature 
requirement of 80 [deg]F  5 [deg]F for non-condensing 
commercial packaged boilers that do not utilize a recirculating loop, 
and the outlet temperature will remain 180 [deg]F  2 
[deg]F. (Note: this inlet water temperature is consistent with the 
existing inlet water temperature requirement for condensing commercial 
packaged boilers. See section III.F.3 for discussion of water 
temperatures for condensing commercial packaged boilers.) This range 
aligns with the existing allowable maximum temperature of 80 [deg]F for 
the inlet water temperature but reduces the total allowable range. DOE 
agrees with the Efficiency Advocates and CA IOUs that the March 2016 
NOPR water temperatures would improve consistency due to their 
specificity, would remove ambiguity concerning the temperature of water 
entering a unit, and would provide assurance to consumers that 
commercial packaged boilers were rated similarly. DOE believes that 
these consequences also will result from the temperatures being adopted 
in this final rule. DOE believes that this final rule results in a test 
procedure that is more representative of efficiencies found in the 
field by increasing the allowable inlet water temperature and more 
repeatable because of the narrower allowable range of inlet water 
temperatures, while mitigating concerns regarding the impact on 
ratings. DOE believes that the concerns regarding impacts on ratings 
due to the proposed 140 [deg]F inlet water temperature are mitigated 
with the temperature requirements it is adopting in this final rule. 
Therefore, DOE does not believe it is necessary to produce, as the Gas 
Associations and NEEA suggested, a conversion methodology between the 
existing and amended test procedures. Moreover, a manufacturer would 
only need to recertify a basic model if it determines its test results 
no longer represent the efficiency of the basic model as tested under 
the amended test procedure. Such a determination should be possible 
based on a review of the water temperatures used to generate prior test 
data and an understanding of the potential effects on the resulting 
efficiency.
2. Recirculating Loops
    DOE noted in the March 2016 NOPR that the presence of recirculating 
loops during testing obscures the actual temperature rise that the 
commercial packaged boiler experiences. Section 8.5.1.1.1 of BTS-2000, 
which is incorporated by reference in the current DOE test procedure, 
states that such a loop may be used ``for tubular boilers that require 
a greater flow rate to prevent boiling.'' In such instances, the same 
section also requires that the temperature rise through the boiler 
itself not be less than 20 [deg]F. Section 5.3.5.3 of ANSI/AHRI 
Standard 1500-2015, which replaces BTS-2000, expands the use of 
recirculating loops by removing the requirement that a boiler be 
``tubular'' to use a recirculating loop, such that a recirculating loop 
may be used ``for [any] boilers that require a greater flow rate to 
prevent boiling.'' In the March 2016 NOPR, DOE proposed inlet water 
temperature requirements immediately preceding the commercial packaged 
boiler, thereby allowing all commercial packaged boiler tests to use 
the recirculating loop to achieve a 140 [deg]F or 80 [deg]F inlet water 
temperature for non-condensing and condensing units, respectively. (See 
section III.F.3 for discussion of water temperatures for condensing 
commercial packaged boilers.) DOE also sought comment specifically on 
the prevalence of recirculating loops during testing. DOE received the 
following feedback:
     ABMA stated that recirculating loops are used for fire-
tube type boilers. (ABMA, No. 38 at p. 4)
     Bradford White stated that recirculating loops are used 
for low

[[Page 79237]]

mass boilers to prevent boiling. (Bradford White, no. 39 at p. 4)
     AHRI stated that recirculating loops are used for water-
tube type boilers that require forced water circulation to operate, and 
that the AHRI certification program is consistent with this. (AHRI, No. 
46 at p. 3)
     Burnham stated that recirculation loops are not used 
unless absolutely necessary (though they did not indicate what 
conditions would require the recirculating loop) and indicated that 
BTS-2000 only explicitly permits recirculating loops for water-tube 
type boilers. (Burnham, No. 40 at p. 5)
     Raypak stated that they use a recirculating loop on all 
non-condensing boilers. (Raypak, No. 47 at p. 6)
     Lochinvar stated that recirculation loops are common on 
tube-type boilers and uncommon on cast sectional boilers but that this 
is not universally true. They also stated that a recirculating loop is 
needed for copper fin tube boilers but not stainless steel tube 
boilers. (Lochinvar, No. 43 at p. 7, Public Meeting Transcript, No. 34 
at p. 43)
     Weil-McLain stated that it is not true that most 
manufacturers use a recirculation loop with sectional cast iron 
boilers. (Weil-McLain, No. 41 at p. 9)
     Crown Boiler stated that they do not use a recirculating 
loop in testing most of their boilers except for those that require a 
higher flow rate, and that they believe this is characteristic of most 
other manufacturers. (Crown Boiler, Public Meeting Transcript, No. 34 
at p. 42-43)
     AERCO stated they do not use a recirculating loop unless 
it is during the winter and the water entering the building is 40 
[deg]F to 50 [deg]F. (AERCO, Public Meeting Transcript, No. 34 at p. 
44)
    DOE notes that Raypak does not manufacture sectional cast iron 
commercial packaged boilers, and therefore their statement that 
recirculating loops are only used for their non-condensing models is 
consistent with the current allowance only for ``tubular'' or tube-type 
commercial packaged boilers in the DOE test procedure (BTS-2000, 
section 8.5.1.1.1). Raypak also stated that it specifies minimum and 
maximum flow rates in its installation and operation manuals to prevent 
boiling and erosion in the tubes, and that it uses recirculation loops 
to maintain these flow rates during testing. (Raypak, No. 47 at p. 6) 
Burnham further suggested that excessive stresses caused by the current 
temperature rise are not a problem because of the short duration of the 
test, and that recirculation loops are used only when necessary because 
they create additional set-up complexity and may negatively impact 
efficiency. (Burnham, No. 40 at p. 4-5) AHRI suggested that the change 
in ANSI/AHRI Standard 1500-2015 to make recirculating loops available 
for all models addresses concerns for damaging the commercial packaged 
boiler. (AHRI, No. 46 at p. 3) In response to the March 2016 NOPR, the 
CA IOUs supported the proposed inlet water temperature location because 
it would remove ambiguity. (CA IOUs, No. 48 at p. 2)
    In response to the comments, DOE continues to believe that there is 
sufficient variation in test set-ups and temperatures so as to warrant 
adopting additional specifications for water temperatures. DOE believes 
that the expansion of the use of recirculating loops to any commercial 
packaged boilers as alluded to by AHRI is further justification for 
moving the location of the inlet water temperature constraint to 
immediately preceding the commercial packaged boiler inlet. Therefore, 
DOE is adopting the non-condensing temperatures proposed in the March 
2016 NOPR (140 [deg]F inlet as measured immediately preceding the 
commercial packaged boiler and 180 [deg]F outlet) for those commercial 
packaged boilers that use a recirculating loop as allowable by ANSI/
AHRI Standard 1500-2015 (i.e., to prevent boiling). This will ensure 
that all commercial packaged boilers using a recirculating loop during 
testing use the same temperature rise of 40 [deg]F and will remove 
ambiguity, increase consistency, and provide for a more representative 
test of efficiency. DOE notes that a temperature requirement at this 
location allows manufacturers and laboratories the flexibility of 
either using a recirculating loop or an external heat source (e.g., 
another boiler) to maintain the required inlet water temperature.
3. Condensing Commercial Packaged Boilers
    Burnham suggested that DOE's proposed water temperatures make the 
test less representative of actual operating conditions because 
condensing boilers will experience an increase in efficiency due to the 
reduction in outlet water temperature. (Burnham, No. 40 at p.4) Raypak 
also stated that the proposed condensing temperatures are not 
representative of typical temperature rises and that these same 
temperatures are used in ASHRAE 155P only to provide a ``boundary 
condition test'' as part of the efficiency map that that test procedure 
will produce. (Raypak, No. 47 at p. 3)
    Burnham and Crown Boiler also suggested that non-condensing and 
condensing commercial packaged boilers are often used at the same water 
temperatures (Burnham suggested this therefore overstates the relative 
efficiency of condensing commercial packaged boilers) and Raypak stated 
that condensing boilers will see water temperatures closer to the 
proposed non-condensing test temperatures and that the NOPR did not 
address this. (Burnham, No. 40 p 2, 4; Crown Boiler, Public Meeting 
Transcript, No. 34 at p. 10, 57; Weil-McLain, No. 41 at p. 4) Burnham 
suggested this violates 42 U.S.C. 6314(a)(4)(B), which states DOE must 
amend the test procedure as necessary to be consistent with the amended 
industry test procedure or rating procedure unless it determines that 
to do so, supported by clear and convincing evidence, would not meet 
the requirements for test procedures to be representative of energy 
efficiency during an average use cycle and to be not unduly burdensome 
to conduct. (Burnham, No. 40 p 2, 4) Weil-McLain suggested that, if the 
proposed water temperatures are adopted, all commercial packaged 
boilers (non-condensing and condensing) should be tested at the non-
condensing temperatures but have the option to test at the condensing 
temperatures (Weil-McLain, No. 41 at p. 5) Bradford White also 
suggested that different temperature conditions for condensing and non-
condensing boilers would not result in fair comparisons. (Bradford 
White, No. 39 at p. 3)
    Raypak similarly suggested that condensing boilers be tested and 
certified at both proposed temperature conditions (non-condensing and 
condensing) to provide engineers, building owners, and architects an 
understanding of the true efficiency that would be obtained; they also 
stated that separate temperature ranges for condensing and non-
condensing commercial packaged boilers would introduce confusion in the 
market. (Raypak, No. 47 at pp. 3-4, 8) AERCO suggested rating 
condensing equipment at the same water temperatures as non-condensing 
equipment. (AERCO, Public Meeting Transcript, No. 34 at p. 44-45) PGE 
suggested requiring two separate metrics for condensing commercial 
packaged boilers, one for condensing and one for non-condensing 
operation. (PGE, Public Meeting Transcript, No. 34 at pp. 55-57) 
However, Crown Boiler, Lochinvar, and AHRI opposed this concept. (Crown 
Boiler, Public Meeting Transcript, No. 34 at p. 58; Lochinvar,

[[Page 79238]]

Public Meeting Transcript, No. 34 at p. 60-61; AHRI, Public Meeting 
Transcript, No. 34 at p. 59) Raypak stated that not requiring 
condensing boilers to be certified at both conditions would give 
condensing boilers an unfair advantage because they are often installed 
in non-condensing applications or experience periods of non-condensing 
operation. (Raypak, No. 47 at p. 4, 8) Finally, Raypak stated that 
their test results indicated an 8.5-percentage point reduction in 
thermal efficiency when testing a condensing boiler at the non-
condensing temperatures as opposed to the condensing temperatures, and 
that this difference needs to be addressed in DOE's test procedure. 
(Raypak, No. 47 at p. 4)
    DOE acknowledges concerns that condensing commercial packaged 
boilers often in application do not experience temperatures that induce 
condensing operation. DOE's proposed water temperatures for condensing 
equipment in the March 2016 NOPR preserved the existing nominal inlet 
water temperature of 80 [deg]F but reduced the outlet water temperature 
from 180 [deg]F to 120 [deg]F to achieve a more realistic temperature 
rise of 40 [deg]F, consistent with the temperature rise that was 
proposed for non-condensing equipment. As noted by Raypak, these 
temperatures also aligned with the anticipated temperatures in ASHRAE 
Standard 155P, which several commenters have recommended DOE adopt in 
the future once it is published. DOE recognizes that these temperatures 
(80 [deg]F inlet and 120 [deg]F outlet), as Raypak suggested, are 
intended to provide a boundary condition test for ASHRAE Standard 
155P--one in which a condensing commercial packaged boiler is assured 
to fully condense due to the average temperature between inlet and 
outlet water (100 [deg]F) being well below the temperature at which 
condensing begins to occur (approximately 130-140 [deg]F). Condensing 
commercial packaged boilers could therefore potentially gain higher 
efficiencies under the proposed water temperatures, and while this 
would not require manufacturers to rerate existing models, it may 
result in rated efficiencies that are not achieved in application. DOE 
is, therefore, maintaining the inlet and outlet water temperatures in 
the existing test procedure for this final rule.
4. Test Facility Water Flow Rate Capabilities
    Bradford White, AHRI, Raypak, Lochinvar, and Weil-McLain suggested 
that the reduction in the temperature rise from 100 [deg]F to 40 [deg]F 
would reduce the capacity of laboratory facilities or that facility 
upgrades would be necessary because of a proportional increase in water 
flow rate. (Bradford White, No. 39 at p. 4; AHRI, No. 46 at p. 3; 
Raypak, No. 47 at p. 6; Lochinvar, No. 43 at p. 7; Weil-McLain, No. 41 
at p. 14) AHRI suggested that this would be most noticeable for cast-
iron and oil-fired boilers, which have not been tested with a 
recirculating loop. (AHRI, No. 46 at p. 4) ABMA suggested that DOE's 
estimated costs in the March 2016 NOPR for a 10 million Btu/h boiler 
were inadequate and that it is not abnormal for a boiler to be three 
times as large. They suggested that without an AEDM the ratio (three 
times) would be applied to the pump (equaling $9,000) and new weigh 
tanks and scales in order to accommodate a flow rate of up to 1,500 
gallons per minute (gpm), as well as a new cooling tower that could 
reach $750,000. (ABMA, No. 38 at p. 5) AHRI stated that DOE incorrectly 
assumed that a recirculating loop would resolve the issue of higher 
water flow rates and higher total volume necessary for the proposed 
water temperatures. (AHRI, No. 46 at p. 3-4)
    In response to concerns regarding water flow rates DOE believes 
that the temperatures adopted in this final rule mitigate the need for 
higher flow rates (and therefore additional costs, as ABMA suggests). 
For commercial packaged boilers that cannot utilize a recirculation 
loop, DOE is adopting a temperature rise that is similar to what is 
used currently (nominal 100 [deg]F, whereas the current test procedure 
allows for a temperature rise between 98 [deg]F and 147 [deg]F) and 
therefore DOE anticipates similar flow rates will be used during 
testing. For commercial packaged boilers that utilize a recirculating 
loop to prevent boiling (in keeping with ANSI/AHRI Standard 1500-2015, 
incorporated by reference in this final rule), the inlet water 
temperature requirement, measured immediately preceding the commercial 
packaged boiler inlet, standardizes the temperature for these 
commercial packaged boilers. Currently, this temperature is not 
monitored and is not required to meet any specific range. However, DOE 
anticipates based on product literature that the current use of 
recirculating loops results in a similar inlet water temperature to the 
140 [deg]F temperature requirements adopted in this final rule, and 
therefore does not result in any substantive change to the water flow 
requirements. DOE therefore does not anticipate increased water flow 
rates needed to meet the amended test procedure, and
5. Other Issues Related to Water Temperatures
    Several commenters raised other issues associated with water 
temperatures for commercial packaged boilers. Bradford White stated 
that some commercial packaged boilers may not be capable of being 
tested with a 40 [deg]F difference between inlet and outlet water 
temperatures and that they should instead be tested with a temperature 
rise as close to 40 [deg]F as possible as allowed by manufacturer 
instructions. (Bradford White, No. 39 at p. 3) AHRI and Lochinvar 
stated that DOE already has a process in place by which instructions 
regarding testing of particular models could be provided. (AHRI, No. 46 
at p. 8; Lochinvar, No. 43 at p. 6) Weil-McLain noted that if a boiler 
could previously be tested with a 100 [deg]F temperature rise then 
there is no reason that it could not be tested with a 40 [deg]F 
temperature rise. (Weil-McLain, No. 41 at p. 16) Raypak suggested that 
the proposed test procedure would allow manufacturers to select the 
temperature rise that works best for their product because of the 
proposed allowance for manufacturer instructions to specify a maximum 
temperature rise that would be used during testing. (Raypak, No. 47 at 
p. 6) DOE notes that, with the temperature requirements being adopted 
in this final rule, the concerns presented by these commenters apply 
only to commercial packaged boilers that use a recirculating loop 
during testing because only such units would be required to have a 40 
[deg]F temperature rise.
    DOE agrees that, pursuant to 10 CFR 429.60(b)(4), manufacturers may 
already provide supplementary instructions for the purposes of testing 
a basic model. DOE therefore has determined that the test procedure 
proposal that addresses commercial packaged boilers that cannot be 
tested at the specified inlet water temperature is duplicative and DOE 
is not adopting those provisions. Manufacturers may continue to provide 
supplementary instructions pursuant to 10 CFR part 429; however, these 
supplementary instructions do not supplant the requirements of the DOE 
test procedure. Manufacturers may, however, submit a petition for 
waiver for any commercial packaged boilers model that cannot be tested 
to the DOE test procedure pursuant to 10 CFR 431.401 on the grounds 
that that either the basic model contains one or more design 
characteristics that prevent testing of the basic model according to 
the prescribed test procedures or cause

[[Page 79239]]

the prescribed test procedures to evaluate the basic model in a manner 
so unrepresentative of its true energy or water consumption 
characteristics as to provide materially inaccurate comparative data.
    Multiple stakeholders, including Bradford White, AHRI, Burnham, 
Lochinvar, Raypak, and Weil-McLain did not support DOE's proposed 
tolerance of  1 [deg]F for the inlet and outlet water 
temperatures. (Bradford White, No. 39 at p. 3; AHRI, No. 46 at p. 4, 
Public Meeting Transcript, No. 34 at p. 47; Burnham, No. 40 at p. 5; 
Lochinvar, No. 43 at p. 1; Raypak, No. 47 at p. 3; Weil-McLain, No. 41 
at p. 5) Burnham and Raypak suggested that the proposed tolerances 
would not improve the accuracy of efficiency measurements, and Weil-
McLain suggested that using a tolerance of  2 [deg]F would 
not impact the accuracy of the measurement compared to  1 
[deg]F because the actual temperature measured during the test is 
accounted for in the calculations for efficiency. (Burnham, No. 40 at 
p. 5; Raypak, No. 47 at p. 3; Weil-McLain, No. 41 at p. 5) Lochinvar, 
Weil-McLain, and Crown Boiler indicated that maintaining the water 
temperatures over the course of a test to within the proposed  1 [deg]F band for the necessary water flow rates would be 
difficult or impossible. (Lochinvar, No. 43 at pp. 1, 7, Public Meeting 
Transcript, No. 34 at p. 48; Weil-McLain, No. 41 at p. 4; Crown Boiler, 
Public Meeting Transcript, No. 34 at p. 48) Bradford White suggested 
that the average of the inlet and outlet water temperatures 
individually be held to a  1 [deg]F tolerance through the 
test duration, while any given reading would have a tolerance of  2 [deg]F. (Bradford White, No. 39 at p. 3) AERCO suggested 
allowing the temperature to vary by more than  1 [deg]F but 
conducting the test for 2 hours so that variations from the target 
temperature will not bias the result. (AERCO, Public Meeting 
Transcript, No. 34 at p. 51)
    DOE concurs with Weil-McLain's assessment that the calculations for 
efficiency use the actual temperature rise measured during the test and 
therefore maintaining the temperatures within certain tolerances is 
less important. DOE notes that the tolerances instead provide an 
additional verification that the system is operating at a steady-state. 
Moreover, while the water temperature immediately prior to entering the 
commercial packaged boiler must meet the described requirements the 
calculation for efficiency will continue to use the average of the 
water temperature measured upstream of the point at which the 
recirculating loop reenters the incoming water stream. The tolerance on 
this temperature therefore does not necessarily affect the temperature 
used in the efficiency calculations (unless a recirculating loop is not 
used). DOE is therefore not adopting the proposed temperature 
tolerances of  1 [deg]F and is instead adopting tolerances 
from ANSI/AHRI Standard 1500-2015.
    AERCO stated that multipoint water temperature measurements or 
mixing before a single point reading is critical because a large source 
of error in efficiency calculations is the temperature. Measurement 
error can occur because of stratification of the water temperature. 
(AERCO, Public Meeting Transcript, No. 34 at pp. 52, 172-173) DOE 
acknowledges that ANSI/AHRI Standard 1500-2015 incorporated set-up 
changes to induce mixing at the outlet in order to prevent 
stratification and therefore reduce measurement error. DOE is therefore 
adopting similar set-up changes at the inlet of the commercial packaged 
boilers in order to reduce the error associated with inlet water 
temperature measurement. Water entering the commercial packaged boiler 
must first pass through two plugged tees in order to induce mixing, 
with the temperature measurement taking place in the plugged end of the 
second tee.

G. Ambient Conditions

    In the March 2016 NOPR, DOE proposed new constraints on ambient 
temperature and relative humidity. DOE's existing test procedure limits 
the humidity of the room during testing of condensing boilers to 80-
percent (10 CFR 431.86(c)(2)(ii)) and establishes ambient room 
temperature requirements. BTS-2000 (incorporated by reference) and 
ANSI/AHRI Standard 1500-2015 both require that test air temperature, as 
measured at the burner inlet, be within 5 [deg]F of the 
ambient temperature, where ambient temperature is measured within 6 
feet of the front of the unit at mid-height. ANSI/AHRI Standard 1500-
2015 prescribes an allowable ambient temperature during the test 
between 30 [deg]F and 100 [deg]F (section 5.3.8) with the relative 
humidity not exceeding 80-percent in the test room or chamber (section 
5.3.9). DOE proposed to require that ambient relative humidity at all 
times be 60-percent  5-percent and ambient room temperature 
75 [deg]F  5 [deg]F during thermal and combustion 
efficiency testing of commercial packaged boilers.\5\ DOE proposed the 
same ambient conditions for all commercial packaged boilers (non-
condensing and condensing).
---------------------------------------------------------------------------

    \5\ Humidity is the amount of water vapor in the air. Absolute 
humidity is the water content of air. Relative humidity, expressed 
as a percent, measures the current absolute humidity relative to the 
maximum for that temperature. Specific humidity is a ratio of the 
water vapor content of the mixture to the total air content on a 
mass basis.
---------------------------------------------------------------------------

    In response to the March 2016 NOPR, ABMA, AHRI, Burnham, and 
Lochinvar indicated that current testing typically takes place in 
uncontrolled environments, spaces that are not sealed and tightly 
controlled with respect to ambient conditions, or spaces that could not 
be maintained within the proposed ambient parameters for all sizes of 
commercial packaged boilers. (ABMA, No. 38 at p. 6, Public Meeting 
Transcript, No. 34 at p. 75; AHRI, No. 46 at p. 4; Burnham, No. 40 at 
p. 6; Lochinvar, No. 43 at p. 8) Weil-McLain indicated that combustion 
air is typically not conditioned; that for direct exhaust systems and 
direct vent or sealed units, combustion air is provided directly to the 
unit and therefore the ambient room air is often warmer than the air 
used for combustion. (Weil-McLain, No. 41 at p. 2) Because the air is 
brought in from outside and is unconditioned, several manufacturers 
suggested that the proposed ambient requirements would limit the times 
of year during which testing could be performed. (Bradford White, No. 
39 at p. 4; Burnham, No. 40 at p. 6; Raypak, No. 47 at p. 5; Weil-
McLain, No. 41 at p. 2)
    Several commenters suggested that the proposed ambient conditions 
would result in additional test burden by forcing manufacturers to 
spend significant resources in upgrading facilities and HVAC 
capabilities. (ABMA, No. 38 at pp. 4, 6; Bradford White, No. 39 at p. 
4; Burnham, No. 40 at p. 6; CA IOUs, No. 48 at pp. 3-4; AHRI, No. 46 at 
p. 4; Raypak, No. 47 at p. 5; Lochinvar, No. 43 at p. 8; Weil-McLain, 
No. 41 at pp. 2, 14) Weil-McLain suggested that DOE understated the 
costs associated with laboratory facility upgrades. (Weil-McLain, No. 
41 at p. 2) Bradford White estimated that the cost of an environmental 
chamber would be approximately $120,000; AHRI suggested the cost could 
be from $100,000 to over $1,000,000; Burnham suggested that the cost 
would be approximately $125,000 for a 20-ton cooling capacity 
laboratory HVAC system; and Raypak estimated that a facility capable of 
conditioning combustion air to support a 4,000,000 Btu/h boiler would 
be $500,000 to $1,500,000. (Bradford White, No. 39 at p. 4; AHRI, No. 
46 at p. 4; Burnham, No. 40 at p. 6; Raypak, No. 47 at p. 6)

[[Page 79240]]

    Multiple stakeholders suggested that DOE had not provided 
sufficient evidence that tighter ambient condition restrictions are 
justified. (Burnham, No. 40 at p. 6; AHRI, No. 46 at p. 4; Weil-McLain, 
No. 41 at p. 2; Bradford White, No. 39 at p. 5) ABMA acknowledged, 
however, that ANSI/AHRI Standard 1500-2015 was written primarily based 
on testing of smaller boilers and that it is possible it does not 
account for the sensitivity of larger boilers to certain test 
conditions. (ABMA, Public Meeting Transcript, No. 34 at p. 82) AHRI 
suggested that ambient requirements were being considered as part of 
the development of ASHRAE Standard 155P, particularly as they pertain 
to jacket losses. (AHRI, Public Meeting Transcript, No. 34 at pp. 80-
81) Weil-McLain also stated that the premise that ambient temperature 
limits would improve repeatability is false, while CA IOUs stated that 
a range of allowable ambient temperatures of 30 to 100 degrees 
Fahrenheit (found in ANSI/AHRI Standard 1500-2015) can result in 
efficiency ratings that vary because heat convection from the 
commercial packaged boiler to the room would increase as the ambient 
room temperature decreases. (Weil-McLain, No. 41 at p. 2; CA IOUs, No. 
48 at p. 1). CA IOUs therefore supported the ambient room temperature 
requirement to be 75 [deg]F  5 [deg]F and stated that it 
should be achievable by most testing facilities. However, CA IOUs also 
suggested that variations in relative humidity have little effect on 
efficiency rating and therefore did not justify the added test burden. 
(CA IOUs, No. 48 at pp. 3-4) Similarly, Crown Boiler questioned whether 
the limits for relative humidity were justified, but suggested that an 
allowable range of 0 to 60-percent relative humidity would be more 
reasonable. (Crown Boiler, Public Meeting Transcript, No. 34 at pp. 74-
75) Raypak stated that they concur with the conclusion reached in the 
residential boiler test procedure rulemaking that ambient temperature 
and relative humidity do not have any impact on efficiency. (Raypak, 
No. 47 at p. 4) Bradford White also suggested that the changes to the 
DOE test procedure may in fact have an effect on ratings in light of 
DOE's consideration that ambient temperature and relative humidity have 
a noticeable effect on efficiency. (Bradford White, No. 39 at pp. 4-5, 
6-7)
    In light of comments received DOE is maintaining the current 
maximum ambient relative humidity of 80-percent. At this time, DOE does 
not believe the added test burden of controlling ambient humidity is 
justified, given the amount of combustion air required for commercial 
packaged boilers approaching 5,000,000 Btu/h rated input (larger than 
this size would be eligible for the optional field test for which 
ambient relative humidity would not be constrained). DOE is adopting 
tighter restrictions for ambient room temperature as compared to ANSI/
AHRI Standard 1500-2015, as it does not believe that the incremental 
test burden associated with maintaining reasonable room temperatures is 
excessive. However, in light of the concerns raised about fluctuations 
in test spaces, DOE is adopting a wider range of allowable ambient room 
temperatures as compared to those in the March 2016 NOPR. For 
condensing commercial packaged boilers, room ambient temperature will 
be required to be between 65 [deg]F and 85 [deg]F and for non-
condensing commercial packaged boilers ambient room temperature will be 
required to be between 65 [deg]F and 100 [deg]F. DOE believes that 
these temperatures are aligned with ASHRAE Standard 155P,\6\ which 
several commenters have requested DOE adopt once it is published. DOE 
is also requiring that the average ambient relative humidity and 
average ambient room temperature be included in certification reports.
---------------------------------------------------------------------------

    \6\ An Advisory Public Review Draft of ASHRAE Standard 155P was 
published in August 2016 and can be found at: https://osr.ashrae.org/sitepages/showdoc2.aspx/ListName/Public%20Review%20Draft%20Standards/ItemID/1542/IsAttachment/N/Standard+155P+061616+APR_chair_approved.pdf.
---------------------------------------------------------------------------

    Additionally, Burnham and Raypak commented specifically that the 
 2 [deg]F tolerance with respect to the mean ambient 
temperature would be difficult or impossible to maintain given the size 
of equipment and make-up air requirements. (Burnham, No. 40 at p. 6; 
Raypak, No. 47 at p. 5) In light of these concerns, DOE is widening the 
allowable tolerance by which the room ambient temperature can vary with 
respect to the average ambient room temperature during the test from 
 2 [deg]F as proposed to  5 [deg]F. DOE 
proposed similar requirements ( 2 [deg]F variation from 
average ambient room temperature) for in its test procedure NOPR for 
commercial water heating equipment, published in the Federal Register 
on May 9, 2016. 81 FR 28587. In response, Bradford White, AHRI, and 
A.O. Smith (owner of Lochinvar) supported an allowable variation of 
 5 [deg]F as opposed to  2 [deg]F, and Bradford 
White and A.O. Smith suggested that maintaining temperature with such 
allowable variation would be achievable without additional burden to 
manufacturers. (Docket EERE-2014-BT-TP-0008: Bradford White, No. 19 at 
p. 3; AHRI, No. 26 at p. 7; A. O. Smith, No. 27 at p. 18)\7\ DOE notes 
that Bradford White and A.O. Smith (Lochinvar) manufacturer both 
commercial water heating equipment and commercial packaged boilers, and 
DOE expects that laboratory facilities are comparable for testing both 
types of equipment. DOE is therefore adopting a tolerance of  5 [deg]F with respect to the average room ambient temperature 
for commercial packaged boilers.
---------------------------------------------------------------------------

    \7\ The rulemaking docket for the commercial water heating 
equipment test procedure can be found at: https://www.regulations.gov/docket?D=EERE-2014-BT-TP-0008.
---------------------------------------------------------------------------

    AERCO suggested that the altitude of a unit undergoing a field test 
could impact the test result, and the CA IOUs suggested that barometric 
pressure variation has a greater impact on test ratings than relative 
humidity and possibly temperature. (AERCO, Public Meeting Transcript, 
No. 34 at p. 160; CA IOUs, Public Meeting Transcript, No. 34 at p. 76) 
DOE was not provided data that indicate to what extent barometric 
pressure affects efficiency ratings for commercial packaged boilers. In 
general, DOE has not found it necessary to regulate the ambient 
barometric pressure of test rooms for heating products. Accordingly, 
DOE is not adopting barometric pressure requirements in this final 
rule.

H. Set-up and Instrumentation

    In the March 2016 NOPR, DOE proposed several clarifications to set-
up and instrumentation for its commercial packaged boiler test 
procedure, including steam piping configuration, digital data 
acquisition, and calibration requirements.
    In general, ACEEE suggested that DOE not specify instrumentation to 
the level of detail being proposed, but rather indicate only how DOE 
would test for enforcement cases because it is the manufacturer's 
responsibility to ensure the accuracy of its certifications. (ACEEE, 
Public Meeting Transcript, No. 34 at pp. 108-109) DOE disagrees, as 
manufacturers need to have test data to assess whether a product is 
compliant prior to distribution that is just as reliable as the test 
data DOE uses when bringing an enforcement case. DOE establishes test 
provisions that both DOE and manufacturers (as well as other 
stakeholders) must use when conducting an efficiency test. Although DOE 
does establish separate enforcement provisions, such provisions 
typically do not establish an alternative method of test but instead 
establish a

[[Page 79241]]

methodology to grant latitude to manufacturers for key metrics such as 
those used to determine equipment class. Establishing a consistent test 
methodology, including calibration procedures, is fundamental to EPCA, 
as it ensures that all parties have a standardized method for assessing 
compliance with standards and for generating efficiency information for 
consumers. Therefore, DOE is adopting calibration procedures as part of 
its test procedure in this final rule that all parties must use when 
using the DOE test procedure.
1. Steam Piping
    In the March 2016 NOPR DOE proposed provisions in order to clarify 
steam riser and header geometry. The proposed additional specifications 
were as follows:
     No reduction in diameter shall be made in any horizontal 
header piping, as a reduction in pipe diameter in the horizontal header 
prevents entrained water from draining properly and typically leads to 
non-steady-state operation. In the case of commercial packaged boilers 
with multiple steam risers, the cross-sectional area of the header must 
be no less than 80-percent of the summed total cross-sectional area of 
the risers, and the header pipe must be constant in diameter along its 
entire length.
     The diameter of the vertical portion of the steam 
condensate return pipe that is above the manufacturer's recommended 
water level may be reduced to no less than one half of the header pipe 
diameter to ensure adequate operation of the return loop and draining 
of entrained water back into the commercial packaged boiler.
    In the event the manufacturer's literature does not specify 
necessary height and dimension characteristics for steam risers, 
headers, and return piping, DOE also proposed the following 
requirements to ensure consistent and repeatable testing:
     The header pipe diameter must be the same size as the 
commercial packaged boiler's steam riser (steam take-off) pipe 
diameter. In the case of commercial packaged boilers with multiple 
steam risers, the cross-sectional area of the header must be no less 
than 80-percent of the summed total cross-sectional area of the risers, 
and the header pipe must be constant in diameter along its entire 
length.
     The height measured from the top of the header to the 
manufacturer's recommended water level must be no less than the larger 
of 24 inches or 6 times the header pipe diameter.
     The distance between the vertical steam riser (steam take-
off) leading to the water separator and the elbow leading to the 
condensate return loop must be a minimum of three (3) header pipe 
diameters to prevent entrained water from entering the separator 
piping.
     If a water separator is used, piping must pitch downward 
to the separator at a rate of at least \1/4\ inch per foot of pipe 
length in order to assure proper collection of moisture content and 
steady-state operation during testing.
     A vented water seal is required in steam moisture 
collection plumbing to prevent steam from escaping through the moisture 
collection plumbing.
    In response, the CA IOUS supported the modified language for steam 
riser and header geometry, steam condensate return pipe and pipe 
installation requirements because they would improve test accuracy and 
quality. (CA IOUs, No. 48 at p. 3) AHRI suggested that the test 
procedure should refer to manufacturer's installation instructions with 
regard to steam riser, header, and return water loop requirements. 
(AHRI, No. 46 at p. 8) Weil-McLain suggested that the steam quality 
requirement (98-percent per BTS-2000 and ANSI/AHRI Standard 1500-2015) 
is sufficient and that the proposed configuration requirements do not 
reflect common installation practices. (Weil-McLain, No. 41 at p. 7) 
Crown Boiler also suggested that the geometry requirements in ANSI/AHRI 
Standard 1500-2015 are sufficient because pipe sizes can vary by 
manufacturer and are listed in manufacturer's specifications. They also 
suggested that the requirement for the steam riser diameter to be half 
of the diameter of the header is not needed because there is generally 
no flow in the pipe and that the size of the pipe is sometimes 
determined experimentally. (Crown Boiler, Public Meeting Transcript, 
No. 34 at p. 85)
    While DOE believes that its proposed requirements could be met in 
most cases, DOE cannot anticipate all commercial packaged boiler 
designs and configurations. For commercial packaged boiler designs for 
which the proposed steam piping configurations would not be feasible, 
manufacturers would need to seek waiver or, for commercial packaged 
boilers with rated inputs greater than 5,000,000 Btu/h, may need to use 
the field test where they otherwise could have performed a laboratory 
test. DOE agrees with Weil-McLain that the steam quality requirement is 
sufficient for ensuring steady operation of the commercial packaged 
boiler, in conjunction with the requirement in ANSI/AHRI Standard 1500-
2015 that steam pressure not fluctuate by more than 5-percent. DOE 
believes that using only the steam quality and pressure measurement 
requirements will allow manufacturers flexibility in their set-up while 
ensuring tests are conducted equivalently. DOE is therefore withdrawing 
these proposed steam pipe set-up provisions.
    DOE also proposed insulation conductivity and thickness 
requirements for steam piping. AHRI commented that certifying 
compliance with an R-value as opposed to thickness and conductivity may 
be simpler. (AHRI, Public Meeting Transcript, No. 34 at p. 90) DOE 
notes that the proposed insulation requirements are taken from ASHRAE/
IES Standard 90.1 and conversion to R-values would result in fractions 
which may present confusion. The proposed steam piping insulation 
provisions are therefore adopted in this final rule for consistency 
with the industry standard. The March 2016 NOPR included rows for fluid 
temperatures up to 250[emsp14][deg]F; however, this final rule adopts 
the full table from ASHRAE/IES Standard 90.1, which include fluid 
temperatures up to 350[emsp14][deg]F, in order to account for 
superheated steam.
2. Digital Data Acquisition
    DOE proposed to require digital data acquisition at 30-second 
intervals in the March 2016 NOPR. Bradford White supported this 
proposal. (Bradford White, No. 39 at p. 5) However, AHRI, Burnham, 
Lochinvar, and Weil-McLain suggested that the requirement was not 
justified. (AHRI, No. 46 at p. 5; Burnham, No. 40 at p. 7; Lochinvar, 
No. 43 at pp. 6, 9; Weil-McLain, No. 41 at p. 6) ABMA suggested that 
digital data acquisition may have benefits. (ABMA, No. 38 at p. 5) 
Multiple stakeholders, including AHRI, ABMA, Lochinvar, Raypak, and 
Weil-Mclain, also raised concern about the cost burden of this 
requirement. (AHRI, No. 46 at p. 5; ABMA, No. 38 at p. 5, Public 
Meeting Transcript, No. 34 at p. 101; Lochinvar, No. 43 at p. 6; 
Raypak, No. 47 at p. 4; Weil-McLain, No. 41 at pp. 5-6)
    Burnham indicated that most laboratories can log temperatures at 
30-second intervals although they may not be able to do so with 
instrumentation having the required accuracy of  
0.2[emsp14][deg]F. (Burnham, No. 40 at p. 7) Weil-McLain noted that DOE 
did not identify a calibration methodology for the digital data 
acquisition equipment. (Weil-McLain, No. 41 at p. 5) Raypak suggested 
that the data acquisition system would require costs for a flow meter, 
gas meter, flue gas analyzer, gas chromatograph, pressure transducers,

[[Page 79242]]

barometric pressure and humidity interface controls and would cost four 
to five times DOE's estimate. (Raypak, No. 47 at p. 8) Lochinvar 
suggested that water temperature readings should be digitized but that 
higher heating value, barometric pressure, and relative humidity should 
not be digitized. (Lochinvar, Public Meeting Transcript, No. 34 at p. 
102-103)
    DOE believes digital data acquisition is a valuable tool for 
ensuring that the various parameters and requirements of the test 
procedure are met for the duration of the test. Temperatures vary over 
the course of a test, and DOE does not believe that 15-minute interval 
data as required by ANSI/AHRI Standard 1500-2015 is sufficient for 
verifying that the test procedure has been met or that the measured 
efficiency has not been influenced by variance in certain parameters. 
DOE considered the cost burden of adding digital data acquisition in 
the NOPR and has revised its estimates in section IV.B, and continues 
to believe that the costs are not overly burdensome in comparison to 
the overall cost of testing for a manufacturer's product line. DOE is 
therefore adopting the requirement for obtaining data digitally for 
temperatures, specifically ambient room temperature, flue gas 
temperature, and water temperatures. Because DOE is not, at this time, 
adopting tighter tolerances on the ambient relative humidity, DOE also 
will not require digital data acquisition for this parameter and will 
continue to use 15-minute intervals. DOE does not believe it is 
necessary to specify calibration in light of the accuracy requirements 
already part of ANSI/AHRI Standard 1500-2015.
    Weil-McLain suggested that DOE provide details on integration and 
averaging methods for each data type as well as rules on how to treat 
data points that fall outside of the requirements when the average or 
integrated values for the test are within requirements. (Weil-McLain, 
No. 41 at p. 6, Public Meeting Transcript, No. 34 at p. 65) AHRI 
similarly suggested DOE include a table that lists which measurements 
are to be averaged and which are to be totaled over the test period. 
(AHRI, Public Meeting Transcript, No. 34 at pp. 104-105) DOE has 
modified the tables in the test procedure to clarify that any 
individual digital reading falling out of its required range per the 
DOE test procedure constitutes an invalid test. DOE is modifying the 
original 30-second interval to 1-minute intervals as a means of 
reducing the burden that the constraint may pose by invalidating a test 
due to one 30-second interval reading of one parameter not being within 
tolerance. Each 1-minute interval reading for each of the parameters 
required to be obtained through digital data acquisition must therefore 
fall within the specified range per the DOE test procedure. In this 
final rule, DOE has also added specificity regarding averaging and 
integration for each measurement, as applicable.
3. Calibration
    DOE proposed in the March 2016 NOPR that instrumentation be 
calibrated at least once per year. Bradford White and Lochinvar 
expressed support for this proposal, and DOE did not receive any 
comments objecting. (Bradford White, No. 39 at p. 5; Lochinvar, No. 43 
at p. 9) DOE is therefore adopting this requirement in this final rule. 
Weil-McLain, however, suggested that the proposed calibration 
procedures did not address whether pre-test and post-test calibration 
is required. For example, they suggest that it is unclear what 
implications, if any, there are if a previously calibrated instrument 
is used and on the next calibration the instrument fails or is damaged. 
(Weil-McLain, No. 41 at p. 18) DOE clarifies that it is not adopting 
provisions by which a test is invalidated because an instrument fails a 
subsequent calibration.
    In the March 2016 NOPR, DOE proposed to require calibration of gas 
chemistry instrumentation using standard gases with purities of greater 
than 99.9995 percent for all constituents analyzed. In response, AHRI, 
Bradford White, Burnham, Raypak, Lochinvar, Weil-McLain, and Crown 
Boiler suggested that the requirement was too stringent. (AHRI, No. 46 
at p. 5; Bradford White, No. 39 at p. 5; Burnham, No. 40 at p. 7; 
Raypak, No. 47 at pp. 7-8; Lochinvar, No. 43 at p. 9; Weil-McLain, No. 
41 at p. 18; Crown Boiler, Public Meeting Transcript, No. 34 at p. 99) 
Raypak noted that its supplier, Airgas Specialty Gases, uses ultra-high 
purity gases of 99.99 percent for CO2 and 99.5 percent for 
CO, and that they indicated that 99.9995 percent purity CO2 
is significantly more expensive and the maximum available for CO is 
99.99 percent. (Raypak, No. 47 at p. 7) Lochinvar suggested that the 
excessive purity proposed in the March 2016 NOPR was both prohibitively 
expensive and posed significant toxicity and flammability risks. They 
further suggested that calibration references should be 4 to 10 times 
more accurate than the required accuracy of the equipment being 
calibrated. (Lochinvar, No. 43 at p. 9) Bradford White suggested that a 
typical cylinder of calibration gas costs approximately $400 and lasts 
approximately 8 weeks, assuming the analyzer is calibrated daily; they 
also provided a sample gas calibration certificate. (Bradford White, 
No. 39 at p. 5 and Attachment)
    After further consideration, DOE acknowledges that gas meeting the 
proposed ultra-high purity gas calibration standards may be difficult 
or expensive to obtain. Additionally, DOE recognizes that there are 
requirements for the accuracy of gas chemistry instrumentation found in 
ANSI/AHRI Standard 1500-2015 that are being adopted in this final rule. 
DOE believes that the requirements for gas chemistry instrumentation 
accuracy (specifically  0.1 percent for CO2 and 
O2 testers and the greater of  10 ppm or  5-percent of reading for CO testers) are sufficient for the 
purposes of the commercial packaged boiler test procedure and that 
requiring a specific calibration gas purity beyond the accuracy of the 
instrument itself may be duplicative. Accordingly, DOE is not adopting 
this proposal.
4. Other Set-up and Instrumentation Comments
    ABMA requested that straight vent stacks be allowed as an 
alternative to the double 90-degree elbow configuration in ANSI/AHRI 
Standard 1500-2015 to accommodate commercial packaged boilers with 
forced draft burners firing into combustion chambers under positive 
pressure. They further stated that automated draft control systems are 
used on installations having tall stacks, thus there is typically no 
dilution of flue gas in the vent system. (ABMA, No. 38 at p. 2-3) DOE 
agrees that such commercial packaged boilers should be permitted to 
test using straight vent stacks and has included a provision in this 
final rule accordingly.
    The CA IOUs suggested that the test procedure should be revised to 
eliminate ambiguity in how CO2 concentrations are measured 
during the test. They indicated that during tests of commercial 
packaged boilers conducted by PGE, the CO2 concentration 
could change depending on where the CO2 probe was placed in 
the flue gas stream. (CA IOUs, No. 48 at p. 2) DOE reviewed the 
submitted data and acknowledges that acknowledges that there appears to 
be an affect on the CO2 measurement based on horizontal position of the 
flue gas probe. Additionally, DOE notes that there is ambiguity, as CA 
IOUs suggest, in the placement of the flue gas probe for vent 
configurations like the one CA IOUs presented in their comment. 
Specifically, DOE believes the unit tested by PGE was an outdoor 
commercial packaged boilers because

[[Page 79243]]

there was no stack attached to the unit. However, CA IOUs did not 
suggest which position should be used in the DOE test procedure. DOE 
notes that section C2.5.2 of ANSI/AHRI Standard 1500-2015 specifies 
that sampling from a rectangular plane be collected ``using a sampling 
tube located so as to obtain an average flue gas sample.'' DOE agrees 
that this is ambiguous. DOE is therefore adopting a requirement that 
three samples be taken at evenly spaced intervals (\1/4\, \1/2\, and 
\3/4\ of the distance from one end) in the longer dimension and along 
the centerline halfway between the edges in the shorter dimension of 
the rectangle and that the average be taken.
    Weil-McLain noted that ANSI/AHRI Standard 1500-2015 specifies 
different fuel oil analysis requirements (fuel oil grade under ASTM 
D396-14a, heating value under ASTM D240-09, hydrogen and carbon content 
under ASTM D5291-10, and density and American Petroleum Institute (API) 
gravity \8\ under ASTM D396-14a) for commercial packaged boilers than 
are required for residential boilers under ASHRAE 103-1993 annual fuel 
utilization efficiency (AFUE) (e.g., gravity and viscosity uses ASTM 
D396-90A and fuel oil analysis requirements are different than for 
commercial). Weil-McLain suggested DOE correct this to allow the same 
fuel oil analysis for both residential and commercial efficiency 
testing. (Weil-McLain, No. 41 at p. 13) DOE reviewed the fuel oil 
specifications of ASTM D396-14a and the requirements found in ASHRAE 
Standard 103-1993 (incorporated by reference for the DOE test procedure 
for residential boilers found at 10 CFR part 430 subpart B appendix N). 
While they are similar, they are not identical and DOE could not 
confirm that they would yield similar results. Weil-McLain did not 
provide any evidence that the two methods were equivalent. Therefore, 
DOE is not adopting additional provisions for fuel oil analysis at this 
time.
---------------------------------------------------------------------------

    \8\ The American Petroleum Institute gravity, or API gravity, is 
a measure of how heavy or light a petroleum liquid is compared to 
water: if its API gravity is greater than 10, it is lighter and 
floats on water; if less than 10, it is heavier and sinks.
---------------------------------------------------------------------------

    Weil-McLain noted that ANSI/AHRI Standard 1500-2015 allows for two 
different water meter calibrating methods, one of which does not meet 
certain accuracy requirements found in table C1 of ANSI/AHRI Standard 
1500-2015, and therefore recommends that DOE require water meters in 
all cases to meet table C1 in order to avoid inaccurate efficiency 
results. (Weil-McLain, No. 41 at p. 13) DOE notes that the March 2016 
NOPR did not propose to adopt section C2.7.2.2.2, which is the 
alternative water meter calibration method that Weil-Mclain referred 
to. This final rule adopts only the instrument accuracy requirements of 
Table C1 in ANSI/AHRI Standard 1500-2015 and not section 
C2.7.2.2.2about which Weil-McLain expressed concern.

I. Other Issues

1. Burners for Oil-Fired Commercial Packaged Boilers
    In the March 2016 NOPR, DOE proposed a set of provisions for 
determining the burner to be used in testing an oil-fired commercial 
packaged boiler. DOE proposed that the unit be tested with the 
particular make and model of burner certified by the manufacturer. If 
multiple burners are specified in the installation and operation manual 
or in one or more certification reports, then DOE proposed that any of 
the listed burners may be used for testing and all must be certified to 
the Department.
    In response, AHRI requested additional specificity in the test 
procedure for a situation in which manufacturer's specifications do not 
prescribe a specific burner or burners, particularly with respect to 
firing rate and/or spray geometry. (AHRI, Public Meeting Transcript, 
No. 34 at pp. 93-94) DOE notes that under its proposed regulations in 
the March 2016 NOPR, manufacturers would be required to certify the 
make and model of the burner used during certification testing, and 
that this make and model would be used for testing. DOE believes this 
is sufficiently clear and is adopting the language it proposed in the 
March 2016 NOPR.
2. Certification and Enforcement Provisions
    DOE proposed a provision in the March 2016 NOPR that it would 
conduct enforcement testing in both steam mode and hot water mode for 
those commercial packaged boilers capable of producing both and both 
results must demonstrate compliance with the applicable energy 
conservation standards. Lochinvar objected to the proposal, stating 
that there is already a method in place for determining hot water 
commercial packaged boiler efficiency based on the rating in steam 
mode, and that the requirement would add test burden. (Lochinvar, No. 
43 at p. 11) In response, DOE notes that this is not a certification 
requirement for manufacturers, but is a provision that indicates the 
procedure DOE will follow when conducting its own enforcement testing. 
Namely, DOE would conduct an enforcement test in each mode (steam and 
hot water) for those commercial packaged boilers models capable of 
operating in either mode rather than using the measured efficiency for 
steam mode to determine compliance in hot water mode. DOE would use the 
appropriate result to evaluate compliance with the respective 
standards. DOE notes that this does not add test burden for 
manufacturers and is adopting this provision as part of this final 
rule.
3. Part-Load Testing
    In the March 2016 NOPR, DOE tentatively concluded that part-load 
testing was not warranted and therefore did not propose any new test 
procedure provisions towards that end. In response, Lochinvar supported 
this conclusion and, along with NEEA, the Efficiency Advocates, and the 
CA IOUs, suggested using ASHRAE 155 in the future to capture part-load 
performance. (Lochinvar, No. 43 at p. 11; NEEA, No. 44 at pp. 2-3; 
Efficiency Advocates, No. 45 at p. 3; CA IOUs, No. 48 at p. 5) Weil-
McLain suggested that part-load efficiency should not be mandated, but 
also that it would be prudent to regulate how part-load efficiency is 
measured in order to ensure comparable part-load ratings. (Weil-McLain, 
No. 41 at p. 19) DOE does not intend to develop a test procedure at 
this time for the purpose of measuring part-load efficiency. DOE 
believes the ratings produced by its test procedure provide a 
sufficient basis to give the purchaser enough information when choosing 
between commercial packaged boilers models. DOE may in the future adopt 
a test procedure that includes part-load measurements.
4. Stack Temperature Adjustment
    In the March 2016 NOPR, DOE proposed a calculation to adjust the 
stack temperature when using steam mode combustion efficiency ratings 
to represent the combustion efficiency in hot water mode. DOE's 
existing test procedure allows commercial packaged boilers with fuel 
input rate greater than 2,500,000 Btu/h capable of producing steam and 
hot water to use the combustion efficiency as measured in steam mode to 
represent the combustion efficiency in hot water mode. 10 CFR 
431.86(c)(2)(iii)(B). DOE received waiver requests from Cleaver-Brooks, 
Johnston Boiler, Superior Boiler Works, and York-Shipley (AESYS) that 
asked to use an adjustment to the stack temperature when using this 
rating method in order to more accurately reflect the combustion 
efficiency of a commercial packaged boiler operating in hot water

[[Page 79244]]

mode. The adjustment is given by Equation 1:
[GRAPHIC] [TIFF OMITTED] TR10NO16.002

where TF,SS,adjusted is the adjusted steady-state flue 
temperature used for subsequent calculations of combustion efficiency, 
TF,SS is the measured steady-state flue temperature during 
combustion efficiency testing in steam mode, Tsat is the 
saturated steam temperature that corresponds to the measured steam 
pressure, and 180 is the hot water outlet temperature.
    In response, Lochinvar agreed with adopting the method and 
indicated that the theory behind the correction is sound and results 
should be conservative. (Lochinvar, No. 43 at p. 10) Weil-McLain did 
not support adopting the method because not all boiler designs are the 
same and the method may not reflect accurate ratings for water mode. 
(Weil-McLain, No. 41 at p. 7) Crown Boiler suggested that the 
adjustment may be unreliable, and ABMA questioned to what extent 
testing was done to develop the equation. (Crown Boiler, Public Meeting 
Transcript, No. 34 at p. 133-135; ABMA, Public Meeting Transcript, No. 
34 at p. 133-135)
    DOE considered data from the AHRI directory \9\ (as of May 2015) 
for commercial packaged boilers with rated inputs greater than 
2,500,000 and for which differing combustion and thermal efficiencies 
were listed for the same model (57 models). DOE found that on average 
combustion efficiency in hot water mode was approximately 0.8-percent 
higher than that for steam and would anticipate a similar adjustment 
from the proposed methodology. However, while several manufacturers 
requested the adjustment methodology as part of the waiver process, no 
data were submitted to validate the equation. DOE is therefore not 
adopting this adjustment methodology. Manufacturers wishing to rate a 
basic model with a higher combustion efficiency in hot water mode can 
perform a separate combustion efficiency test in that mode.
---------------------------------------------------------------------------

    \9\ Available at: https://www.ahridirectory.org/ahridirectory/pages/home.aspx.
---------------------------------------------------------------------------

5. Oxygen Combustion Analyzer
    ANSI/AHRI Standard 1500-2015 includes a methodology for using an 
O2 combustion analyzer for measurements of combustion 
efficiency, and DOE proposed adopting this methodology by incorporating 
by reference this industry standard. AHRI expressed its support for the 
provision because the O2 methodology is essentially 
equivalent to the CO2 methodology and that AHRI had 
completed analysis to verify this. (AHRI, Public Meeting Transcript, 
No. 34 at p. 95) DOE is adopting this provision in the final rule.
6. Rounding Requirements
    DOE proposed to clarify its rounding procedures by requiring that 
the combustion and thermal efficiency results be rounded to the nearest 
tenth of one percent. In response, ACEEE suggested that reporting to 
such a level of precision means little to the customer, has little 
justification when considering the 5-percent tolerance on the final 
rating, and instead suggested rounding to a whole number. (ACEEE, 
Public Meeting Transcript, No. 34 at pp. 126-128) Bradford White 
similarly did not see value in rounding to the nearest tenth of a 
percent and instead recommended rounding to the nearest percent. 
(Bradford White, No. 39 at p. 6) Lochinvar, however, supported the DOE 
proposal to round to the nearest tenth of a percent. (Lochinvar, No. 43 
at p. 10)
    DOE notes that the AHRI certification program,\10\ which uses BTS-
2000 for certification testing, expresses thermal and combustion 
efficiency ratings to the nearest tenth of one percent. Also, the 
energy conservation standards for commercial packaged boilers at 10 CFR 
431.87 are expressed to the tenth of one percent. DOE is therefore 
adopting a provision in this final rule to clarify that thermal and 
combustion efficiency ratings are to be rounded to the nearest tenth of 
one percent as was proposed in the March 2016 NOPR.
---------------------------------------------------------------------------

    \10\ For AHRI directory, see: https://www.ahridirectory.org/ahridirectory/pages/cblr/defaultSearch.aspx.
---------------------------------------------------------------------------

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute ``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 not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
when an agency promulgates a final rule under 5 U.S.C. 553, after being 
required by that section or any other law to publish a general notice 
of proposed rulemaking, the agency shall prepare a final regulatory 
flexibility analysis (FRFA), unless the agency certifies that the rule 
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.
    This final rule prescribes test procedure amendments that will be 
used to determine compliance with energy conservation standards for 
commercial packaged boilers. The amendments (1) clarify the definitions 
for commercial packaged boilers; (2) incorporate by reference the 
industry standard ANSI/AHRI Standard 1500-2015; (3) establish 
provisions for verifying rated input during enforcement testing; (4) 
adopt an optional field test and an optional metric conversion 
calculation; (5) modify the inlet and outlet water temperature 
requirements for hot water tests; (6) establish new temperature for 
combustion air; and (7) provide additional set-up and instrumentation 
requirements.
    DOE reviewed this rule under the provisions of the Regulatory 
Flexibility Act and DOE's own procedures and policies published on 
February 19, 2003. 68 FR 7990. DOE has concluded that this rule will 
not have a significant impact on a substantial number of small 
entities. The factual basis for this certification is as follows.
    The Small Business Administration (SBA) considers a business entity 
to be

[[Page 79245]]

a small business, if, together with its affiliates, it employs less 
than a threshold number of workers specified in 13 CFR part 121. These 
size standards and codes are established by the North American Industry 
Classification System (NAICS). The threshold number for NAICS 
classification code 333414, which applies to ``heating equipment 
(except warm air furnaces) manufacturing' and includes commercial 
packaged boilers, is 500 employees.
    To estimate the number of companies that could be small business 
manufacturers of the equipment affected by this rulemaking, DOE 
conducted a market survey using available public information to 
identify potential small manufacturers. DOE's research involved 
reviewing the DOE Compliance Certification Management System database 
(CCMS), AHRI directory (a product database), individual company Web 
sites, and marketing research tools (e.g., Hoover's reports) to create 
a list of all domestic small business manufacturers of equipment 
affected by this rulemaking. DOE identified 21\11\ manufacturers of 
commercial packaged boilers as domestic small business manufacturers. 
DOE was able to discuss the DOE test procedures with 5 of these small 
businesses prior to publication of the March 2016 NOPR. DOE also 
obtained information about small businesses and potential impacts on 
small businesses while interviewing manufacturers in the context of the 
standards rulemaking. However, DOE did not receive any detailed 
quantifications about the incremental burden small businesses would 
face as compared to larger businesses in light of the proposed methods.
---------------------------------------------------------------------------

    \11\ In the March 2016 NOPR, DOE identified 23 small businesses; 
however, of those 23, one small manufacturer left the market and 
another is considered large and therefore the count is now 21.
---------------------------------------------------------------------------

    With respect to potential costs associated with the test procedure 
amendments, DOE notes that several amendments are clarifications or 
clerical changes that will not impose costs on small manufacturers. The 
clarifications made to the definitions relevant for commercial packaged 
boilers do not modify the scope of the test procedure nor do they 
impose additional test burden. DOE is not modifying the scope of 
coverage or substantively modifying its definitions in such a way that 
would result in the need to certify compliance for equipment for which 
certification is not already required. As a result, manufacturers that 
are small businesses are not expected to have to certify commercial 
packaged boilers for which they are not already certifying compliance.
    Also, updating the referenced test procedure to ANSI/AHRI Standard 
1500-2015 is not anticipated to impose additional costs on 
manufacturers. ANSI/AHRI Standard 1500-2015 is an industry standard 
that replaces BTS-2000, which is currently incorporated by reference in 
the DOE test procedure. ANSI/AHRI Standard 1500-2015 uses essentially 
the same test method found in BTS-2000. While ANSI/AHRI Standard 1500-
2015 removed outdated instrumentation references from BTS-2000, DOE 
does not believe manufacturers are using instrumentation that could not 
meet the requirements found in ANSI/AHRI Standard 1500-2015. ANSI/AHRI 
Standard 1500-2015 also increases the allowable steam pressure for 
steam tests as compared to BTS-2000, which accommodates testing of 
larger commercial packaged boilers but does not impose additional costs 
on manufacturers, including small manufacturers.
    DOE is not adopting its proposed provisions for certification of 
fuel input rate, which had the potential of requiring manufacturers to 
re-certify previously certified commercial packaged boilers. The 
provisions DOE adopts in this final rule regarding rated input pertain 
only to the process DOE will use when conducting assessment and 
enforcement testing and are for manufacturer information only. 
Therefore, these changes will pose no additional burden to small 
manufacturers of commercial packaged boilers.
    DOE is adopting several provisions in this final rule that may 
reduce the burden associated with certifying compliance for commercial 
packaged boilers. Currently, laboratory testing for thermal or 
combustion efficiency, as applicable, is required for the certification 
of all commercial packaged boilers regardless of size. As described in 
the March 2016 NOPR and in section III.E, DOE acknowledges that some 
commercial packaged boilers because of their size may only be fully 
assembled at their site of installation and therefore the requirement 
to test for efficiency in a laboratory would require a manufacturer to 
assemble the unit at the laboratory for testing, tear it down and ship 
it to the site for installation, and re-build it--a process that may be 
expensive, if not impracticable. DOE is adopting an optional field test 
methodology based on the combustion efficiency test for commercial 
packaged boilers with rated input greater than 5,000,000 Btu/h as part 
of this final rule. As described in the March 2016 NOPR, the optional 
field test is intended to reduce test burden as compared to the 
existing DOE test procedure for thermal efficiency. DOE has previously 
noted that the combustion efficiency test is less burdensome because of 
its shorter duration and reduced instrumentation as compared to the 
thermal efficiency test. Therefore, by providing a simpler, shorter 
test method that only requires a unit to be assembled once, the 
optional field test provisions are anticipated to reduce test burden 
for small manufacturers that manufacturer these large commercial 
packaged boilers, as compared to the current test procedure.
    Similarly, DOE is adopting an optional conversion calculation to 
obtain a thermal efficiency rating from a combustion efficiency test. 
The calculation allows small manufacturers to test the combustion 
efficiency (in a laboratory, manufacturer facility, or in the field) 
for steam commercial packaged boilers with rated input greater than 
5,000,000 Btu/h and convert to a thermal efficiency rating. As 
described regarding the field test option, this optional calculation is 
anticipated to reduce test burden by allowing manufacturers of large 
equipment to use a simpler and shorter test (the combustion efficiency 
test, either in a laboratory or in the field).
    Some test procedure amendments in this final rule may require 
additional costs for manufacturers, including small manufacturers. DOE 
is adopting more specific inlet piping provisions based on comments on 
the March 2016 NOPR that will increase the accuracy of the inlet water 
temperature measurement. The set-up change will require additional 
segments of pipe and tee connections, and a temperature sensor, however 
DOE believes most if not all manufacturers already have these items. 
The set-up change may result in a longer set-up time which DOE 
estimates to be one additional hour per test. Based on current wage 
information from the Bureau of Labor Statistics (BLS) for a mechanical 
engineering technician,\12\ DOE estimates the additional cost per test 
(hourly labor cost multiplied by number of hours) to be $41.
---------------------------------------------------------------------------

    \12\ Hourly labor cost is estimated by multiplying the hourly 
wage for a mechanical engineering technician by 1.5 to account for 
benefits. Based on data from the BLS, the mean hourly wage for a 
mechanical engineering technician (occupation code 17-3027) is 
$27.11. See: http://www.bls.gov/oes/current/oes173027.htm#nat.
---------------------------------------------------------------------------

    DOE is also adopting water temperature limits in this final rule 
that will reduce ambiguity in ratings and provide for a more repeatable 
test. In the

[[Page 79246]]

NOPR, DOE considered that a reduction in the temperature rise across a 
commercial packaged boilers would proportionally increase the water 
flow rate required. Such an increase may have necessitated facility 
improvements for manufacturer and third-party laboratories, 
specifically by installing larger pumps to meet the increase water 
demand, and DOE received several comments suggesting this would be the 
case in response to the March 2016 NOPR. ABMA suggested that the 
proposed test procedure could be particularly harmful to small 
entities. ABMA indicated that the example DOE provided for a 10 million 
Btu/h was inadequate and that it is not abnormal for a boiler to reach 
3 times that size. They suggested that without an AEDM, the ratio would 
apply to the required larger pump size, weigh tanks, scales etc. and 
that applying the scaling factor of 3 to the $3,000 pump cost in the 
NOPR would result in a $9,000 pump. Additionally, ABMA stated that 
scaling the 500 gpm flow rate would yield 1,500 gpm requiring new weigh 
tanks and scales and possibly a new cooling tower which could reach 
nearly $750,000. (ABMA, No. 38 at p. 5) However, in this final rule DOE 
is adopting water temperature limits that are more closely aligned with 
the current test procedure and reduce the allowable range of inlet 
water temperature for non-condensing commercial packaged boilers. For 
non-condensing commercial packaged boilers that already utilize a 
recirculating loop during testing, the amended test procedure 
standardizes the temperature rise across the commercial packaged boiler 
which may require slight adjustment of flow rates compared to current 
tests but does not require any additional set-up. For non-condensing 
commercial packaged boilers that do not currently use a recirculating 
loop, manufacturers may choose to use a recirculating loop in order to 
achieve the 80[emsp14][deg]F  5[emsp14][deg]F inlet water 
temperature. DOE estimates the additional set-up time required to be 
one hour per test, and this additional cost per test to be $41 (hourly 
labor cost for mechanical engineering technician multiplied by number 
of hours). For condensing commercial packaged boilers, DOE is not 
modifying the water temperature requirements.
    In the March 2016 NOPR DOE proposed that steam tests occur at the 
lowest steam pressure at which the steam quality requirement of 98-
percent is achieved by starting at atmospheric pressure and increasing 
incrementally. In response ABMA and Weil-McLain commented that the 
requirement to incrementally increase steam pressure would impose undue 
test burden. (ABMA, No. 38 at p. 4; Weil-McLain, No. 41 at p. 16) 
However, in the NOPR DOE estimated the cost of the time and fuel 
consumed for each test to be approximately $253 based on two additional 
hours of mechanical engineering technician labor and natural gas use 
for a 10 million Btu/h commercial packaged boiler.\13\ DOE continues to 
believe this amount is modest in comparison to the overall cost of 
product development and certification.
---------------------------------------------------------------------------

    \13\ The price of natural gas is the 5-year average (May 2009 to 
May 2014) obtained from the ``U.S. Price of Natural Gas Sold to 
Commercial Consumers'' from U.S. Energy Information Administration 
(EIA) (Available at: http://www.eia.gov/dnav/ng/hist/n3020us3m.htm).
---------------------------------------------------------------------------

    With respect to ambient conditions, based on comments received 
regarding the additional burden of tightly constraining ambient 
temperature and humidity, DOE is not adopting tighter restrictions on 
the ambient humidity and is adopting a broader range of allowable 
ambient temperatures as compared with the March 2016 NOPR. Several 
commenters suggested that the proposed ambient conditions in the March 
2016 NOPR would result in additional test burden by forcing 
manufacturers to spend significant resources in upgrading facilities 
and HVAC capabilities. (ABMA, No. 38 at pp. 4, 6; Bradford White, No. 
39 at p. 4; Burnham, No. 40 at p. 6; CA IOUs, No. 48 at pp. 3-4; AHRI, 
No. 46 at p. 4; Raypak, No. 47 at p. 5; Lochinvar, No. 43 at p. 8; 
Weil-McLain, No. 41 at pp. 2, 14) Weil-McLain suggested that DOE 
understated the costs associated with laboratory facility upgrades. 
(Weil-McLain, No. 41 at p.2) Bradford White estimated that the cost of 
an environmental chamber would be approximately $120,000; AHRI 
suggested the cost could be from $100,000 to over $1,000,000; Burnham 
suggested that the cost would be approximately $125,000 for a 20-ton 
cooling capacity laboratory HVAC system; and Raypak estimated that a 
facility capable of conditioning combustion air to support a 4,000,000 
Btu/h boiler would be $500,000 to $1,500,000. (Bradford White, No. 39 
at p. 4; AHRI, No. 46 at p. 4; Burnham, No. 40 at p. 6; Raypak, No. 47 
at p. 6) Lochinvar indicated that adding the additional water and 
environmental test limitations beyond those in AHRI 1500 will have a 
substantial impact on all manufacturers which will be more significant 
for small manufacturers with less well equipped labs. (Lochinvar, No. 
43 at p. 11)
    However, DOE is not adopting the ambient condition requirements it 
proposed in the March 2016 NOPR. For ambient humidity, DOE is 
maintaining the current 80% maximum relative humidity requirement and 
is adopting a broader range of allowable ambient temperatures than 
proposed in the March 2016 NOPR. With regard to the ambient room 
temperature requirements in this final rule, DOE notes that the ranges 
of 65[emsp14][deg]F to 100[emsp14][deg]F for non-condensing commercial 
packaged boilers and 65[emsp14][deg]F to 85[emsp14][deg]F for 
condensing commercial packaged boilers are intended to prevent the test 
from being conducted in extreme ambient conditions, and that these 
allowable temperature ranges are typical for building heating, 
ventilating, and air-conditioning systems in normal operating 
conditions. Additionally, the temperature ranges being adopted are 
consistent with those found in DOE's test procedure for residential 
boilers (10 CFR part 430 subpart B appendix N) and in the draft version 
of ASHRAE Standard 155P published in August 2016 for public review, 
which several commenters have requested DOE adopt in the future as the 
basis for the DOE commercial packaged boiler test procedure. DOE does 
not believe that the ambient temperature requirements being adopted 
will require facility or equipment upgrades.
    In the March 2016 NOPR, DOE proposed requiring digital data 
acquisition for certain parameters in the commercial packaged boilers 
test procedure. DOE acknowledged that the requirement would have some 
one-time costs for manufacturers that do not currently have the 
necessary equipment. ABMA stated that digital data acquisition has its 
benefits, however it may create heavy financial burden for small 
manufacturers and should therefore be optional. (ABMA, No. 38 at p. 5) 
Raypak believed that the proposed digital data acquisition was too 
burdensome, particularly for small business manufacturers who would 
need to purchase data acquisition equipment at costs substantially 
higher than DOE estimates in the NOPR. (Raypak, No. 47 at p. 4) 
However, commenters did not present specific cost estimates for 
necessary equipment. DOE nevertheless reexamined its estimates for 
digital data acquisition and added instrumentation that may also be 
necessary to meet the requirements and the revised cost estimates are 
found in Table IV.1. The data acquisition system could be used by the 
manufacturer or laboratory to test all commercial packaged boiler 
models going forward.

[[Page 79247]]



    Table IV.1--Estimated One-Time Costs Associated With Digital Data
                               Acquisition
------------------------------------------------------------------------
                       Description                             Cost
------------------------------------------------------------------------
Laptop..................................................          $1,500
Data Acquisition Module.................................           2,000
Data Acquisition Software...............................           3,000
Instrumentation (Resistance Temperature Detectors,                 1,000
 Thermocouples).........................................
Initial Purchase, Installation and Setup (40 hours                 1,640
 laboratory technician time x 41/hour)..................
                                                         ---------------
    Total...............................................           9,140
------------------------------------------------------------------------

    DOE does not believe that manufacturers are required to re-test and 
re-certify existing basic models that are already certified as 
complying with DOE's energy conservation standards as a result of this 
test procedure final rule. As part of its energy conservation standards 
rulemaking for commercial packaged boilers, DOE found that there are 
595 individual models attributed to 8 small manufacturers in the CCMS 
database. While this results in an average of 74 individual models per 
small manufacturer, DOE estimates that small manufacturers on average 
certify 10 basic models (approximately 7 individual models per basic 
model). Based on discussions with third-party test laboratories, DOE 
estimates that a laboratory test using a third-party laboratory would 
cost a manufacturer approximately $5,000. Using publicly available 
information from Hoovers, Manta, and Glassdoor, DOE estimated revenues 
for small manufacturers listed in the CCMS database. The average annual 
for a small manufacturer revenue was $29.6 million. If a small 
manufacturer were to test 7 basic models with a third-party laboratory, 
DOE estimates that this would cost $35,000 which represents 
approximately 0.1% of revenue. (Note: DOE believes this is 
conservative, as most manufacturers would use their own laboratories 
for testing at a lower cost.)
    In the case of using their own facilities and conducting tests in-
house, as shown in Table IV.1, DOE estimates the one-time costs 
associated with data acquisition to be $9,140. DOE continues to believe 
these costs are modest in comparison to small manufacturer revenues and 
to the overall cost of product development and certification. For water 
tests, the additional burden due to the inlet piping set-up and 
recirculating loop total two additional hours of mechanical engineering 
technician labor or $82. For steam tests, DOE estimated that two 
additional hours of mechanical engineering technician labor and natural 
gas use would cost approximately $253. DOE believes that these 
additional costs for each test attributable to the inlet piping set-up, 
recirculating loop set-up, and steam pressure adjustment to be modest 
in comparison to the overall cost of testing.
    Further, DOE notes that manufacturers may use the AEDM process for 
certifying compliance in order to reduce burden. Manufacturers may 
develop an AEDM based on test data for smaller units in a basic model 
group and apply the AEDM for larger sizes of commercial packaged 
boilers. Additionally, the field test option adopted in this final rule 
provides a test method by which a manufacturer of large equipment (i.e. 
greater than 5,000,000 Btu/h rated input) can test and certify such 
commercial packaged boilers in the field if they do not have facilities 
capable of meeting the requirements of the standard laboratory test 
method.
    Additional compliance flexibilities may be available for small 
manufacturers through other means. EPCA provides that a manufacturer 
whose annual gross revenue from all of its operations does not exceed 
$8 million may apply for an exemption from all or part of an energy 
conservation standard for a period not longer than 24 months after the 
effective date of a final rule establishing the standard. Additionally, 
Section 504 of the Department of Energy Organization Act, 42 U.S.C. 
7194, provides authority for the Secretary to adjust a rule issued 
under EPCA in order to prevent ``special hardship, inequity, or unfair 
distribution of burdens'' that may be imposed on that manufacturer as a 
result of such rule. Manufacturers should refer to 10 CFR part 1003 for 
additional details.
    For the reasons stated previously, DOE concludes that this final 
rule will not have a significant economic impact on a substantial 
number of small entities, so DOE has not prepared a regulatory 
flexibility analysis for this rulemaking. DOE will provide its 
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).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of commercial packaged boilers must certify to DOE 
that their equipment complies with any applicable energy conservation 
standards. To certify compliance, manufacturers must first obtain test 
data for their equipment according to the DOE test procedures, 
including any amendments adopted for those test procedures. DOE has 
established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including commercial packaged boilers. (See generally 10 CFR 
part 429.) The collection-of-information requirement for the 
certification and recordkeeping is subject to review and approval by 
OMB under the Paperwork Reduction Act (PRA). This requirement has been 
approved by OMB under OMB control number 1910-1400. Public reporting 
burden for the certification is estimated to average 30 hours per 
manufacturer, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE amends its test procedure for commercial 
packaged boilers. 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 
rule amends an existing rule without affecting the amount, quality or 
distribution of energy usage, and, therefore, will not result in any 
environmental impacts. Thus, this rulemaking is covered by Categorical 
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any 
rulemaking that interprets or amends an existing rule without changing 
the environmental effect of that rule. 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

[[Page 79248]]

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 examined this final 
rule and determined that it will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this final rule. States can petition 
DOE for exemption from such preemption to the extent, and based on 
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 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 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final 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. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting 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 final 
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 (Public Law 105-277) requires Federal agencies to issue a 
Family Policymaking Assessment for any rule that may affect family 
well-being. This final rule will 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 regulation will 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 final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action 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.

[[Page 79249]]

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Public Law 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 modifications to the test procedure for commercial packaged 
boilers adopted in this final rule incorporate testing methods 
contained in certain sections of the commercial standard ANSI/AHRI 
Standard 1500-2015. DOE has evaluated this standard and is unable to 
conclude whether it fully complies with the requirements of section 
32(b) of the FEAA (i.e., whether it was developed in a manner that 
fully provides for public participation, comment, and review). DOE has 
consulted with both the Attorney General and the Chairwoman of the FTC 
about the impact on competition of using the methods contained in this 
standard and has received no comments objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    In this final rule, DOE incorporates by reference the following:
    Part 429--ANSI/AHRI Standard 1500-2015, (``ANSI/AHRI Standard 1500-
2015''), ``2015 Standard for Performance Rating of Commercial Space 
Heating Boilers,'' ANSI approved November 28, 2014: Figure C9, 
Suggested Piping Arrangement for Hot Water Boilers.
    Part 431--ANSI/AHRI Standard 1500-2015, (``ANSI/AHRI Standard 1500-
2015''), ``2015 Standard for Performance Rating of Commercial Space 
Heating Boilers,'' ANSI approved November 28, 2014: Section 3, 
``Definitions,'' Section 5, ``Rating Requirements,'' Appendix C, 
``Methods of Testing for Rating Commercial Space Heating Boilers--
Normative,'' Appendix D, ``Properties of Saturated Steam--Normative,'' 
and Appendix E, ``Correction Factors for Heating Values of Fuel Gases--
Normative.''
    ANSI/AHRI Standard 1500-2015 is an industry-accepted test procedure 
that provides methods, requirements, and calculations for determining 
the thermal and/or combustion efficiency of a commercial space heating 
boiler. ANSI/AHRI Standard 1500-2015 is available at: http://www.ahrinet.org/App_Content/ahri/files/standards%20pdfs/ANSI%20standards%20pdfs/ANSI.AHRI_Standard_1500-2015.pdf.

V. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Incorporation 
by reference, Reporting and recordkeeping requirements.

10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation test procedures, Incorporation by 
reference, Reporting and recordkeeping requirements, Test procedures.

    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 amends parts 429 and 
431 of Chapter II of Title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291--6317; 28 U.S.C. 2461 note.

0
2. Section 429.4 is amended by adding paragraph (c)(2) to read as 
follows:


Sec.  429.4  Materials incorporated by reference.

* * * * *
    (c) * * *
    (2) AHRI Standard 1500-2015, (``ANSI/AHRI Standard 1500-2015''), 
``2015 Standard for Performance Rating of Commercial Space Heating 
Boilers,'' ANSI approved November 28, 2014: Figure C9, Suggested Piping 
Arrangement for Hot Water Boilers; IBR approved for Sec.  429.60.
* * * * *

0
3. Section 429.11 is amended by revising paragraph (b) to read as 
follows:


Sec.  429.11  General sampling requirements for selecting units to be 
tested.

* * * * *
    (b) The minimum number of units tested shall be no less than two, 
except where:
    (1) A different minimum limit is specified in Sec. Sec.  429.14 
through 429.65 of this subpart; or
    (2) Only one unit of the basic model is produced, in which case, 
that unit must be tested and the test results must demonstrate that the 
basic model performs at or better than the applicable standard(s). If 
one or more units of the basic model are manufactured subsequently, 
compliance with the default sampling and representations provisions is 
required.

0
4. Section 429.60 is amended by:
0
a. Revising paragraphs (a) introductory text and (a)(1)(i);
0
b. Adding paragraphs (a)(3) and (4);
0
c. Revising paragraph (b)(2); and
0
d. Adding paragraphs (b)(3)(iii) and (b)(5).
    The revisions and additions read as follows:


Sec.  429.60  Commercial packaged boilers.

    (a) Determination of represented value. Manufacturers must 
determine the represented value, which includes the certified rating, 
for each basic model of commercial packaged boilers either by testing 
in accordance with Sec.  431.86 of this chapter, in conjunction with 
the applicable sampling provisions, or by applying an AEDM.
    (1) * * *
    (i) If the represented value is determined through testing, the 
general requirements of Sec.  429.11 are applicable, except that, if 
the represented value is determined through testing pursuant to Sec.  
431.86(c) of this chapter, the number of units selected for testing may 
be one; and
* * * * *
    (3) The rated input for a basic model reported in accordance with 
paragraph (b)(2) of this section must be the

[[Page 79250]]

maximum rated input listed on the nameplate and in manufacturer 
literature for the commercial packaged boiler basic model.
    (4) For a model of commercial packaged boiler capable of supplying 
either steam or hot water, representative values for steam mode must be 
based on performance in steam mode and representative values for hot 
water mode must be based on either the efficiency in hot water mode or 
steam mode in accordance with the test procedure in Sec.  431.86 of 
this chapter and the provisions of this section.
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following public, equipment-specific information:
    (i) The manufacturer (including brand, if applicable) and model 
number of the burner;
    (ii) The rated input in British thermal units per hour (Btu/h);
    (iii) The representative value of combustion efficiency in percent 
(%) to the nearest tenth of one percent or the representative value of 
thermal efficiency in percent (%) to the nearest one tenth of one 
percent, as specified in Sec.  431.87 of this chapter; and
    (iv) For a basic model of commercial packaged boiler that cannot be 
tested using the standard inlet temperatures required in appendix A to 
subpart E of part 431, the average inlet water temperature measured at 
Point B in Figure C9 of ANSI/AHRI Standard 1500-2015 (incorporated by 
reference, see Sec.  429.4) at which the model was tested.
    (3) * * *
    (iii) For basic models of commercial packaged boilers that have a 
rated input greater than 5,000,000 Btu/h, a declaration about whether 
the certified efficiency rating is based on testing conducted pursuant 
to Sec.  431.86(c) of this chapter.
* * * * *
    (5) Any field tested pursuant to Sec.  431.86(c) of this chapter 
basic model of a commercial packaged boiler that has not been 
previously certified through testing or an AEDM must be certified 
within 15 days of commissioning.
* * * * *

0
5. Section 429.70 is amended by adding paragraph (c)(2)(iii)(D) to read 
as follows:


Sec.  429.70  Alternative methods for determining energy efficiency and 
energy use.

* * * * *
    (c) * * *
    (2) * * *
    (iii) * * *
    (D) An AEDM that is validated based on test results obtained from 
one or more field tests (pursuant to Sec.  431.86(c) of this chapter) 
can only be used to certify the performance of basic models of 
commercial packaged boilers with a certified rated input greater than 
5,000,000 Btu/h.
* * * * *

0
6. Section 429.110 is amended by revising paragraph (a)(3) and adding 
paragraph (c)(1)(iii) to read as follows:


Sec.  429.110  Enforcement testing.

    (a) * * *
    (3) Testing will be conducted at a laboratory accredited to the 
International Organization for Standardization (ISO)/International 
Electrotechnical Commission (IEC), ``General requirements for the 
competence of testing and calibration laboratories,'' ISO/IEC 
17025:2005(E) (incorporated by reference; see Sec.  429.4). If testing 
cannot be completed at an independent laboratory, DOE, at its 
discretion, may allow enforcement testing at a manufacturer's 
laboratory, so long as the lab is accredited to ISO/IEC 17025:2005(E) 
and DOE representatives witness the testing. In addition, for 
commercial packaged boilers with rated input greater than 5,000,000 
Btu/h, DOE, at its discretion, may allow enforcement testing of a 
commissioned commercial packaged boiler in the location in which it was 
commissioned for use, pursuant to the test provisions at Sec.  
431.86(c) of this chapter, for which accreditation to ISO/IEC 
17025:2005(E) would not be required.
* * * * *
    (c) * * *
    (1) * * *
    (iii) Previously commissioned commercial packaged boilers with a 
certified rated input greater than 5,000,000 Btu/h. DOE may test a 
sample of at least one unit in the location in which it was 
commissioned for use.
* * * * *

0
7. Section 429.134 is amended by adding paragraph (m) to read as 
follows:


Sec.  429.134  Product-specific enforcement provisions.

* * * * *
    (m) Commercial packaged boilers--(1) Verification of fuel input 
rate. The fuel input rate of each tested unit will be measured pursuant 
to the test requirements of Sec.  431.86 of this chapter. The results 
of the measurement(s) will be compared to the value of rated input 
certified by the manufacturer. The certified rated input will be 
considered valid only if the measurement(s) (either the measured fuel 
input rate for a single unit sample or the average of the measured fuel 
input rates for a multiple unit sample) is within two percent of the 
certified rated input.
    (i) If the certified rated input is found to be valid, the 
certified rated input will serve as the basis for determination of the 
appropriate equipment class(es) and the mean measured fuel input rate 
will be used as the basis for calculation of combustion and/or thermal 
efficiency for the basic model.
    (ii) If the certified rated input for a gas-fired commercial 
packaged boiler is found to be invalid, DOE will first attempt to 
increase or decrease the gas manifold pressure within the range 
specified in manufacturer's installation and operation manual shipped 
with the commercial packaged boiler being tested (or, if not provided 
in the manual, in supplemental instructions provided by the 
manufacturer pursuant to Sec.  429.60(b)(4) of this chapter) to achieve 
the certified rated input (within two-percent). If the fuel input rate 
is still not within two-percent of the certified rated input, DOE will 
attempt to increase or decrease the gas inlet pressure within the range 
specified in manufacturer's installation and operation manual shipped 
with the commercial packaged boiler being tested (or, if not provided 
in the manual, in supplemental instructions provided by the 
manufacturer pursuant to Sec.  429.60(b)(4) of this chapter) to achieve 
the certified rated input (within two-percent). If the fuel input rate 
is still not within two-percent of the certified rated input, DOE will 
attempt to modify the gas inlet orifice if the unit is equipped with 
one. If the fuel input rate still is not within two percent of the 
certified rated input, the mean measured fuel input rate (either for a 
single unit sample or the average of the measured fuel input rates for 
a multiple unit sample) will serve as the basis for determination of 
the appropriate equipment class(es) and calculation of combustion and/
or thermal efficiency for the basic model.
    (iii) If the certified rated input for an oil-fired commercial 
packaged boiler is found to be invalid, the mean measured fuel input 
rate will serve as the basis for determination of the appropriate 
equipment class(es) and calculation of combustion and/or thermal 
efficiency for the basic model.
    (2) Models capable of producing both hot water and steam. For a 
model of commercial packaged boiler that is capable of producing both 
hot water and steam, DOE may measure the thermal or combustion 
efficiency as applicable (see Sec.  431.87 of this chapter) for steam 
and/

[[Page 79251]]

or hot water modes. DOE will evaluate compliance based on the measured 
thermal or combustion efficiency in steam and hot water modes, 
independently.

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
8. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
9. Section 431.82 is amended by:
0
a. Revising the definitions of ``Combustion efficiency'' and 
``Commercial packaged boiler;''
0
b. Adding in alphabetical order definitions for ``Field-constructed'' 
and ``Fuel input rate;''
0
c. Revising the definition for ``Packaged boiler;''
0
d. Removing the definitions for ``Packaged high pressure boiler'' and 
``Packaged low pressure boiler;'' and
0
e. Adding in alphabetical order a definition for ``Rated input.''
    The revisions and additions read as follows:


Sec.  431.82  Definitions concerning commercial packaged boilers.

* * * * *
    Combustion efficiency for a commercial packaged boiler is a 
measurement of how much of the fuel input energy is converted to useful 
heat in combustion and is calculated as 100-percent minus percent 
losses due to dry flue gas, incomplete combustion, and moisture formed 
by combustion of hydrogen, as determined with the test procedures 
prescribed under Sec.  431.86 of this chapter.
    Commercial packaged boiler means a packaged boiler that meets all 
of the following criteria:
    (1) Has rated input of 300,000 Btu/h or greater;
    (2) Is, to any significant extent, distributed in commerce for 
space conditioning and/or service water heating in buildings but does 
not meet the definition of ``hot water supply boiler'' in this part;
    (3) Does not meet the definition of ``field-constructed'' in this 
section; and
    (4) Is designed to:
    (i) Operate at a steam pressure at or below 15 psig;
    (ii) Operate at or below a water pressure of 160 psig and water 
temperature of 250[emsp14][deg]F; or
    (iii) Operate at the conditions specified in both paragraphs (4)(i) 
and (ii) of this definition.
* * * * *
    Field-constructed means custom-designed equipment that requires 
welding of structural components in the field during installation. For 
the purposes of this definition, welding does not include attachment 
using mechanical fasteners or brazing; any jackets, shrouds, venting, 
burner, or burner mounting hardware are not structural components.
* * * * *
    Fuel input rate for a commercial packaged boiler means the maximum 
measured rate at which the commercial packaged boiler uses energy and 
is determined using test procedures prescribed under Sec.  431.86 of 
this chapter.
* * * * *
    Packaged boiler means a boiler that is shipped complete with 
heating equipment, mechanical draft equipment, and automatic controls 
and is usually shipped in one or more sections. If the boiler is 
shipped in more than one section, the sections may be produced by more 
than one manufacturer, and may be originated or shipped at different 
times and from more than one location.
* * * * *
    Rated input means the maximum rate at which the commercial packaged 
boiler has been rated to use energy as indicated by the nameplate and 
in the manual shipped with the commercial packaged boiler.
* * * * *

0
10. Section 431.85 is amended by revising paragraph (b) to read as 
follows:


Sec.  431.85  Materials incorporated by reference.

* * * * *
    (b) AHRI. Air-Conditioning, Heating, and Refrigeration Institute, 
2111 Wilson Blvd., Suite 500, Arlington, VA 22201, (703) 524-8800, or 
go to: http://www.ahrinet.org.
    (1) AHRI Standard 1500-2015, (``ANSI/AHRI Standard 1500-2015''), 
``2015 Standard for Performance Rating of Commercial Space Heating 
Boilers,'' ANSI approved November 28, 2014, IBR approved for appendix A 
to subpart E as follows:
    (i) Section 3--Definitions (excluding introductory text to section 
3, introductory text to 3.2, 3.2.4, 3.2.7, 3.6, 3.12, 3.13, 3.20, 3.23, 
3.24, 3.26, 3.27, and 3.31);
    (ii) Section 5--Rating Requirements, 5.3 Standard Rating 
Conditions: (excluding introductory text to section 5.3, 5.3.5, 5.3.8, 
and 5.3.9);
    (iii) Appendix C--Methods of Testing for Rating Commercial Space 
Heating Boilers--Normative, excluding C2.1, C2.7.2.2.2, C3.1.3, C3.5--
C3.7, C4.1.1.1.2, C4.1.1.2.3, C4.1.2.1.5, C4.1.2.2.2, C4.1.2.2.3, C4.2, 
C5, C7.1, C7.2.12, C7.2.20
    (iv) Appendix D. Properties of Saturated Steam--Normative.
    (v) Appendix E. Correction Factors for Heating Values of Fuel 
Gases--Normative.
    (2) [Reserved].

0
11. Section 431.86 is revised to read as follows:


Sec.  431.86  Uniform test method for the measurement of energy 
efficiency of commercial packaged boilers.

    (a) Scope. This section provides test procedures, pursuant to the 
Energy Policy and Conservation Act (EPCA), as amended, which must be 
followed for measuring the combustion efficiency and/or thermal 
efficiency of a gas- or oil-fired commercial packaged boiler.
    (b) Testing and Calculations. Determine the thermal efficiency or 
combustion efficiency of commercial packaged boilers by conducting the 
appropriate test procedure(s) indicated in Table 1 of this section.

                   Table 1--Test Requirements for Commercial Packaged Boiler Equipment Classes
----------------------------------------------------------------------------------------------------------------
                                                                                                Test procedure
                                                                                               (corresponding to
                                                        Certified rated        Standards           standards
       Equipment category             Subcategory         input Btu/h      efficiency metric  efficiency  metric
                                                                            (Sec.   431.87)    required  by Sec.
                                                                                                    431.87)
----------------------------------------------------------------------------------------------------------------
Hot Water.......................  Gas-fired.........  >=300,000 and       Thermal Efficiency  Appendix A,
                                                       <=2,500,000.                            Section 2.
Hot Water.......................  Gas-fired.........  >2,500,000........  Combustion          Appendix A,
                                                                           Efficiency.         Section 3.
Hot Water.......................  Oil-fired.........  >=300,000 and       Thermal Efficiency  Appendix A,
                                                       <=2,500,000.                            Section 2.
Hot Water.......................  Oil-fired.........  >2,500,000........  Combustion          Appendix A,
                                                                           Efficiency.         Section 3.
Steam...........................  Gas-fired (all*)..  >=300,000 and       Thermal Efficiency  Appendix A,
                                                       <=2,500,000.                            Section 2.

[[Page 79252]]

 
Steam...........................  Gas-fired (all*)..  >2,500,000 and      Thermal Efficiency  Appendix A,
                                                       <=5,000,000.                            Section 2.
                                                      >5,000,000........  Thermal Efficiency  Appendix A,
                                                                                               Section 2.
                                                                                              OR
                                                                                              Appendix A,
                                                                                               Section 3 with
                                                                                               Section 2.4.3.2.
Steam...........................  Oil-fired.........  >=300,000 and       Thermal Efficiency  Appendix A,
                                                       <=2,500,000.                            Section 2.
Steam...........................  Oil-fired.........  >2,500,000 and      Thermal Efficiency  Appendix A,
                                                       <=5,000,000.                            Section 2.
                                                      >5,000,000........  Thermal Efficiency  Appendix A,
                                                                                               Section 2.
                                                                                              OR
                                                                                              Appendix A,
                                                                                               Section 3. with
                                                                                               Section 2.4.3.2.
----------------------------------------------------------------------------------------------------------------
* Equipment classes for commercial packaged boilers as of July 22, 2009 (74 FR 36355) distinguish between gas-
  fired natural draft and all other gas-fired (except natural draft). The test procedure indicated in Table 1
  applies to both of these equipment classes. If these equipment classes are amended, the test procedure will
  continue to apply as indicated in Table 1 to all gas-fired commercial packaged boilers.

    (c) Field Tests. The field test provisions of appendix A may be 
used only to test a unit of commercial packaged boiler with rated input 
greater than 5,000,000 Btu/h.

0
12. Section 431.87 is revised to read as follows:


Sec.  431.87  Energy conservation standards and their effective dates.

    (a) Each commercial packaged boiler listed in Table 1 of this 
section and manufactured on or after the effective date listed must 
meet the indicated energy conservation standard.

                        Table 1--Commercial Packaged Boiler Energy Conservation Standards
----------------------------------------------------------------------------------------------------------------
                                                         Certified rated     Efficiency level--  effective date:
       Equipment category             Subcategory          input  Btu/h                March 2, 2012 *
----------------------------------------------------------------------------------------------------------------
Hot Water Commercial Packaged     Gas-fired..........  >=300,000 and        80.0% ET
 Boilers.                                               <=2,500,000.
Hot Water Commercial Packaged     Gas-fired..........  >2,500,000.........  82.0% EC
 Boilers.
Hot Water Commercial Packaged     Oil-fired..........  >=300,000 and        82.0% ET
 Boilers.                                               <=2,500,000.
Hot Water Commercial Packaged     Oil-fired..........  >2,500,000.........  84.0% EC
 Boilers.
Steam Commercial Packaged         Gas-fired--all,      >=300,000 and        79.0% ET
 Boilers.                          except natural       <=2,500,000.
                                   draft.
Steam Commercial Packaged         Gas-fired--all,      >2,500,000.........  79.0% ET
 Boilers.                          except natural
                                   draft.
Steam Commercial Packaged         Gas-fired--natural   >=300,000 and        77.0% ET
 Boilers.                          draft.               <=2,500,000.
Steam Commercial Packaged         Gas-fired--natural   >2,500,000.........  77.0% ET
 Boilers.                          draft.
Steam Commercial Packaged         Oil-fired..........  >=300,000 and        81.0% ET
 Boilers.                                               <=2,500,000.
Steam Commercial Packaged         Oil-fired..........  >2,500,000.........  81.0% ET
 Boilers.
----------------------------------------------------------------------------------------------------------------
* Where EC is combustion efficiency and ET is thermal efficiency.

    (b) Each commercial packaged boiler listed in Table 2 of this 
section and manufactured on or after the effective date listed in Table 
2 must meet the indicated energy conservation standard.

                        Table 2--Commercial Packaged Boiler Energy Conservation Standards
----------------------------------------------------------------------------------------------------------------
                                                         Certified rated     Efficiency level--  effective date:
       Equipment category             Subcategory          input  Btu/h                March 2, 2022 *
----------------------------------------------------------------------------------------------------------------
Steam Commercial Packaged         Gas-fired--natural   >=300,000 and        79.0% ET
 Boilers.                          draft.               <=2,500,000.
Steam Commercial Packaged         Gas-fired--natural   >2,500,000.........  79.0% ET
 Boilers.                          draft.
----------------------------------------------------------------------------------------------------------------
* Where ET is thermal efficiency.


[[Page 79253]]


0
13. Add appendix A to subpart E of part 431 to read as follows:

Appendix A to Subpart E of Part 431-- Uniform Test Method for the 
Measurement of Thermal Efficiency of Commercial Packaged Boilers

    Note: Prior to November 6, 2017, manufacturers must make any 
representations with respect to the energy use or efficiency of 
commercial packaged boilers in accordance with the results of 
testing pursuant to this Appendix or the test procedures as they 
appeared in 10 CFR 431.86 revised as of January 1, 2016. On and 
after November 6, 2017, manufacturers must make any representations 
with respect to energy use or efficiency in accordance with the 
results of testing pursuant to this appendix.

1. Definitions.

    For purposes of this appendix, the Department of Energy 
incorporates by reference the definitions established in section 3 
of the American National Standards Institute (ANSI) and Air-
Conditioning, Heating, and Refrigeration Institute (AHRI) Standard 
1500, ``2015 Standard for Performance Rating of Commercial Space 
Heating Boilers,'' beginning with 3.1 and ending with 3.35 
(incorporated by reference, see Sec.  431.85; hereafter ``ANSI/AHRI 
Standard 1500-2015''), excluding the introductory text to section 3, 
the introductory text to 3.2, ``Boiler''; 3.2.4, ``Heating Boiler''; 
3.2.7, ``Packaged Boiler''; 3.6, ``Combustion Efficiency''; 3.12, 
``Efficiency, Combustion''; 3.13, ``Efficiency, Thermal''; 3.20, 
``Gross Output''; 3.23, ``Input Rating''; 3.24, ``Net Rating''; 
3.26, ``Published Rating''; 3.26.1 ``Standard Rating''; 3.27, 
``Rating Conditions''; 3.27.1, ``Standard Rating Conditions''; and 
3.31, ``Thermal Efficiency.'' In cases where there is a conflict, 
the language of the test procedure in this appendix takes precedence 
over ANSI/AHRI Standard 1500-2015.
    1.1. In all incorporated sections of ANSI/AHRI Standard 1500-
2015, references to the manufacturer's ``specifications,'' 
``recommendations,'' ``directions,'' or ``requests'' mean the 
manufacturer's instructions in the installation and operation manual 
shipped with the commercial packaged boiler being tested or in 
supplemental instructions provided by the manufacturer pursuant to 
Sec.  429.60(b)(4) of this chapter. For parameters or considerations 
not specified in this appendix, refer to the manual shipped with the 
commercial packaged boiler. Should the manual shipped with the 
commercial packaged boiler not provide the necessary information, 
refer to the supplemental instructions for the basic model pursuant 
to Sec.  429.60(b)(4) of this chapter. The supplemental instructions 
provided pursuant to Sec.  429.60(b)(4) of this chapter do not 
replace or alter any requirements in this appendix nor do they 
override the manual shipped with the commercial packaged boiler. In 
cases where these supplemental instructions conflict with any 
instructions or provisions provided in the manual shipped with the 
commercial packaged boiler, use the manual shipped with the 
commercial packaged boiler.
    1.2. Unless otherwise noted, in all incorporated sections of 
ANSI/AHRI Standard 1500-2015, the term ``boiler'' means a commercial 
packaged boiler as defined in Sec.  431.82.
    1.3. Unless otherwise noted, in all incorporated sections of 
ANSI/AHRI Standard 1500-2015, the term ``input rating'' means 
``rated input'' as defined in Sec.  431.82.

2. Thermal Efficiency Test

    2.1. Test Setup.
    2.1.1. Instrumentation. Use instrumentation meeting the minimum 
requirements found in Table C1 of Appendix C of ANSI/AHRI Standard 
1500-2015 (incorporated by reference, see Sec.  431.85).
    2.1.2. Data collection and sampling. Record all test data in 
accordance with Table 2.1 and Table 2.2. Do not use Section C5 and 
Table C4 of Appendix C of ANSI/AHRI Standard 1500-2015.

              Table 2.1--Data To Be Recorded Before Testing
------------------------------------------------------------------------
             Item recorded                    Additional instruction
------------------------------------------------------------------------
Date of Test
Manufacturer
Boiler Model Number
Burner Model Number & Manufacturer
Nozzle description and oil pressure
Oil Analysis--H, C, API Gravity, lb/gal
 and Btu/lb
Gas Manifold Pressure..................  Record at start and end of
                                          test.
Gas line pressure at meter.............  Measurement may be made
                                          manually.
Gas temperature........................  Measurement may be made
                                          manually.
Barometric Pressure (Steam and Natural   Measurement may be made
 Gas Only).                               manually.
Gas Heating Value, Btu/ft \*\..........  Record at start and end of
                                          test.
------------------------------------------------------------------------
* Multiplied by correction factors, as applicable, in accordance with
  Appendix E of ANSI/AHRI Standard 1500-2015.

BILLING CODE 6450-01-P

[[Page 79254]]

[GRAPHIC] [TIFF OMITTED] TR10NO16.003

BILLING CODE 6450-01-C
    2.1.3. Instrument Calibration. Instruments must be calibrated at 
least once per year and a calibration record containing the date of 
calibration and the method of calibration must be maintained as part 
of the data underlying each basic model certification, pursuant to 
Sec.  429.71 of this chapter.
    2.1.4. Test Setup and Apparatus. Set up the commercial packaged 
boiler for thermal efficiency testing according to the provisions of 
Section C2 (except section C2.1) of Appendix C of ANSI/AHRI Standard 
1500-2015 (incorporated by reference, see Sec.  431.85).

[[Page 79255]]

    2.1.4.1. For tests of oil-fired commercial packaged boilers, 
determine the weight of fuel consumed using one of the methods 
specified in the following sections 2.1.4.1.1. or 2.1.4.1.2. of this 
appendix:
    2.1.4.1.1. If using a scale, determine the weight of fuel 
consumed as the difference between the weight of the oil vessel 
before and after each measurement period, as specified in sections 
2.1.4.1.3.1. or 2.1.4.1.3.2. of this appendix, determined using a 
scale meeting the accuracy requirements of Table C1 of Appendix C of 
ANSI/AHRI Standard 1500-2015.
    2.1.4.1.2. If using a flow meter, first determine the volume of 
fuel consumed as the total volume over the applicable measurement 
period as specified in sections 2.1.4.1.3.1. or 2.1.4.1.3.2. of this 
appendix and as measured by a flow meter meeting the accuracy 
requirements of Table C1 of Appendix C of ANSI/AHRI Standard 1500-
2015 upstream of the oil inlet port of the commercial packaged 
boiler. Then determine the weight of fuel consumed by multiplying 
the total volume of fuel over the applicable measurement period by 
the density of oil, in pounds per gallon, as determined pursuant to 
C3.2.1.1.3. of Appendix C of ANSI/AHRI Standard 1500-2015.
    2.1.4.1.3. The applicable measurement period for the purposes of 
determining fuel input rate must be as specified in section 
2.1.4.1.3.1. of this appendix for the ``Warm-Up Period'' or section 
2.1.4.1.3.2. of this appendix for the ``Test Period.''
    2.1.4.1.3.1. For the purposes of confirming steady-state 
operation during the ``Warm-Up Period,'' the measurement period must 
be 15 minutes and tT in Equation C2 in Section C7.2.3.1 
of Appendix C of ANSI/AHRI Standard 1500-2015 must be 0.25 hours to 
determine fuel input rate.
    2.1.4.1.3.2. For the purposes of determining thermal efficiency 
during the ``Test Period,'' the measurement period and tT 
are as specified in sections 2.3.4 and 2.3.5 of this appendix.
    2.1.4.2 For tests of gas-fired commercial packaged boilers, 
install a volumetric gas meter meeting the accuracy requirements of 
Table C1 of Appendix C of ANSI/AHRI Standard 1500-2015 upstream of 
the gas inlet port of the commercial packaged boiler. Record the 
accumulated gas volume consumed for each applicable measurement 
period. Use Equation C7.2.3.2. of Appendix C of ANSI/AHRI Standard 
1500-2015 to calculate fuel input rate.
    2.1.4.2.1. The applicable measurement period for the purposes of 
determining fuel input rate must be as specified in section 
2.1.4.2.1.1. of this appendix, for the ``Warm-Up Period'' and 
section 2.1.4.2.1.2. of this appendix, for the ``Test Period.''
    2.1.4.2.1.1. For the purposes of confirming steady-state 
operation during the ``Warm-Up Period,'' the measurement period must 
be 15 minutes and tT in Equation C2 in Section C7.2.3.1 
of Appendix C of ANSI/AHRI Standard 1500-2015 must be 0.25 hours to 
determine fuel input rate.
    2.1.4.2.1.2. For the purposes of determining thermal efficiency 
during the ``Test Period,'' the measurement period and tT 
are as specified in sections 2.3.4 and 2.3.5 of this appendix.
    2.1.4.3 In addition to the provisions of Section C2.2.1.2 of 
ANSI/AHRI Standard 1500-2015, vent gases may alternatively be 
discharged vertically into a straight stack section without elbows. 
R-7 minimum insulation must extend 6 stack diameters above the flue 
collar, the thermocouple grid must be located at a vertical distance 
of 3 stack diameters above the flue collar, and the sampling tubes 
for flue gases must be installed 1 stack diameter beyond the 
thermocouple grid.
    2.1.5. Additional Requirements for Outdoor Commercial Packaged 
Boilers. If the manufacturer provides more than one outdoor venting 
arrangement, the outdoor commercial packaged boiler as defined in 
Section 3.2.6 of ANSI/AHRI Standard 1500-2015 (incorporated by 
reference, see Sec.  431.85) must be tested with the shortest total 
venting arrangement as measured by adding the straight lengths of 
venting supplied with the equipment. If the manufacturer does not 
provide an outdoor venting arrangement, install the outdoor 
commercial packaged boiler venting consistent with the procedure 
specified in Section C2.2 of Appendix C of ANSI/AHRI Standard 1500-
2015. If the vent is rectangular sample the flue gas at a location 
one third the distance from either side of the exhaust in its longer 
dimension and half the distance between its edges in the shorter 
dimension.
    2.1.6. Additional Requirements for Steam Tests. In addition to 
the provisions of Section C2 of Appendix C of ANSI/AHRI Standard 
1500-2015 (incorporated by reference, see Sec.  431.85), the 
following requirements apply for steam tests.
    2.1.6.1. Insulate all steam piping from the commercial packaged 
boiler to the steam separator, and extend insulation at least one 
foot (1 ft.) beyond the steam separator, using insulation meeting 
the requirements specified in Table 2.3 of this appendix.

                                               Table 2.3--Minimum Piping Insulation Thickness Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Insulation conductivity                          Nominal pipe size Inches
                                                      --------------------------------------------------------------------------------------------------
                                                       Conductivity BTU
            Fluid temperature range [deg]F                 x in/(h x       Mean rating                1 to < 1-1/
                                                          ft[sup2] x       temperature        <1           2       1-12 to < 4    4 to <8        >=8
                                                            [deg]F)          [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
> 350 [deg]F.........................................         0.32-0.34             250          4.5          5.0          5.0          5.0          5.0
251 [deg]F-350 [deg]F................................         0.29-0.32             200          3.0          4.0          4.5          4.5          4.5
201 [deg]F-250 [deg]F................................         0.27-0.30             150          2.5          2.5          2.5          3.0          3.0
141 [deg]F-200 [deg]F................................         0.25-0.29             125          1.5          1.5          2.0          2.0          2.0
105 [deg]F-140 [deg]F................................         0.22-0.28             100          1.0          1.0          1.5          1.5          1.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    2.1.6.2. A temperature sensing device must be installed in the 
insulated steam piping prior to the water separator if the 
commercial packaged boiler produces superheated steam.
    2.1.6.3. Water entrained in the steam and water condensing 
within the steam piping must be collected and used to calculate the 
quality of steam during the ``Test Period.'' Steam condensate must 
be collected and measured using either a cumulative (totalizing) 
flow rate or by measuring the mass of the steam condensate. 
Instrumentation used to determine the amount of steam condensate 
must meet the requirements identified in Table C1 in Appendix C of 
ANSI/AHRI Standard 1500-2015.
    2.1.7. Additional Requirements for Water Tests. In addition to 
the provisions of section C2 of Appendix C of ANSI/AHRI Standard 
1500-2015 (incorporated by reference, see Sec.  431.85), the 
following requirements apply for water tests.
    2.1.7.1. Insulate all water piping between the commercial 
packaged boiler and the location of the temperature measuring 
equipment, including one foot (1 ft.) beyond the sensor, using 
insulation meeting the requirements specified in Table 2.2 of this 
appendix.
    2.1.7.2. Install a temperature measuring device at Point B of 
Figure C9 of ANSI/AHRI Standard 1500-2015 (incorporated by 
reference, see Sec.  431.85). Water entering the commercial packaged 
boiler must first enter the run of a tee and exit from the top 
outlet of the tee. The remaining connection of the tee shall be 
plugged. Measure the inlet water temperature at Point B in the run 
of a second tee located 12  2 pipe diameters downstream 
from the first tee and no more than the greater of 12 inches or 6 
pipe diameters from the inlet of the commercial packaged boiler. The 
temperature measuring device shall extend into the water flow at the 
point of exit from the side outlet of the second tee. All inlet 
piping between the temperature measuring device and the inlet of the 
commercial packaged boilers must be wrapped with R-7 insulation.
    2.1.7.3. Do not use Section C2.7.2.2.2 or its subsections of 
ANSI/AHRI Standard 1500-2015 for water meter calibration.
    2.1.8. Flue Gas Sampling. In section C2.5.2 of Appendix C of 
ANSI/AHRI Standard 1500-2015, replace the last sentence with the 
following: When taking flue gas samples from

[[Page 79256]]

a rectangular plane, collect samples at \1/4\, \1/2\, and \3/4\ the 
distance from one side of the rectangular plane in the longer 
dimension and along the centerline midway between the edges of the 
plane in the shorter dimension and use the average of the three 
samples. The tolerance in each dimension for each measurement 
location is  1 inch.
    2.2. Test Conditions.
    2.2.1. General. Use the test conditions from Section 5.3 and 
Section C3 of Appendix C of ANSI/AHRI Standard 1500-2015 
(incorporated by reference, see Sec.  431.85) for thermal efficiency 
testing but do not use the following sections:
    (1) 5.3 Introductory text
    (2) 5.3.5 (and subsections)
    (3) 5.3.8
    (4) 5.3.9
    (5) C3.1.3
    (6) C3.5 (including Table C2)
    (7) C3.6
    (8) C3.7
    2.2.2. Burners for Oil-Fired Commercial Packaged Boilers. In 
addition to section C3.3 of Appendix C of ANSI/AHRI Standard 1500-
2015, the following applies: For oil-fired commercial packaged 
boilers, test the unit with the particular make and model of burner 
as certified (or to be certified) by the manufacturer. If multiple 
burners are specified in the certification report for that basic 
model, then use any of the listed burners for testing.
    2.2.3. Water Temperatures. Maintain the outlet temperature 
measured at Point C in Figure C9 of Appendix C of ANSI/AHRI Standard 
1500-2015 at 180 [deg]F  2 [deg]F and maintain the inlet 
temperature measured at Point B at 80 [deg]F  5 [deg]F 
during the ``Warm-up Period'' and ``Test Period'' as indicated by 1-
minute interval data pursuant to Table 2.2 of this appendix. Each 
reading must meet these temperature requirements. Use the inlet 
temperature and flow rate measured at Point B in Figure C9 of 
Appendix C of ANSI/AHRI Standard 1500-2015 for calculation of 
thermal efficiency.
    2.2.4 Exceptions to Water Temperature Requirements. For 
commercial packaged boilers that require a higher flow rate than 
that resulting from the water temperature requirements of sections 
2.2.3 of this appendix to prevent boiling, use a recirculating loop 
and maintain the inlet temperature at Point B of Figure C9 of 
Appendix C of ANSI/AHRI Standard 1500-2015 at 140 [deg]F  5 [deg]F during the ``Warm-up Period'' and ``Test Period'' as 
indicated by 1-minute interval data pursuant to Table 2.2 of this 
appendix. Each reading must meet these temperature requirements. Use 
the inlet temperature and flow rate measured at Point A in Figure C9 
of Appendix C of ANSI/AHRI Standard 1500-2015 for calculation of 
thermal efficiency.
    2.2.5 Air Temperature. For tests of non-condensing boilers, 
maintain ambient room temperature between 65 [deg]F and 100 [deg]F 
at all times during the ``Warm-up Period'' and ``Test Period'' (as 
described in Section C4 of Appendix C of ANSI/AHRI Standard 1500-
2015) as indicated by 1-minute interval data pursuant to Table 2.2 
of this appendix. For tests of condensing boilers, maintain ambient 
room temperature between 65 [deg]F and 85 [deg]F at all times during 
the ``Warm-up Period'' and ``Test Period'' (as described in Section 
C4 of Appendix C of ANSI/AHRI Standard 1500-2015) as indicated by 1-
minute interval data pursuant to Table 2.2 of this appendix. The 
ambient room temperature may not differ by more than  5 
[deg]F from the average ambient room temperature during the entire 
``Test Period'' at any reading. Measure the room ambient temperature 
within 6 feet of the front of the unit at mid height. The test air 
temperature, measured at the air inlet of the commercial packaged 
boiler, must be within  5 [deg]F of the room ambient 
temperature when recorded at the 1-minute interval defined by Table 
2.2.
    2.2.6. Ambient Humidity. For condensing boilers, maintain 
ambient room relative humidity below 80-percent relative humidity at 
all times during both the ``Warm-up Period'' and ``Test Period'' (as 
described in Section C4 of Appendix C of ANSI/AHRI Standard 1500-
2015) pursuant to Table 2.2 of this appendix. Measure the ambient 
humidity in the same location as air temperature.
    2.2.7. Flue Gas Temperature. The flue gas temperature during the 
test must not vary from the flue gas temperature measured at the 
start of the Test Period (as defined in Section C4 of ANSI/AHRI 
Standard 1500-2015) when recorded at the interval defined in Table 
2.2 of this appendix by more than the limits prescribed in Table 2.4 
of this appendix.

   Table 2.4--Flue Gas Temperature Variation Limits During Test Period
------------------------------------------------------------------------
            Fuel type               Non-condensing        Condensing
------------------------------------------------------------------------
Gas.............................   2      Greater of  3 percent
                                                       and 
                                                       5 [deg]F.
Light Oil.......................   2
                                   percent.
Heavy Oil.......................  Greater of  3 percent
                                   and 
                                   5 [deg]F.
------------------------------------------------------------------------

    2.3. Test Method.
    2.3.1. General. Conduct the thermal efficiency test as 
prescribed in Section C4 ``Test Procedure'' of Appendix C of ANSI/
AHRI Standard 1500-2015 (incorporated by reference, see Sec.  
431.85) excluding sections:
    (1) C4.1.1.1.2
    (2) C4.1.1.2.3 (see 2.3.4 of this appendix)
    (3) C4.1.2.1.5
    (4) C4.1.2.2.2
    (5) C4.1.2.2.3 (see 2.3.5 of this appendix)
    (6) C4.2
    (7) C4.2.1
    (8) C4.2.2
    2.3.1.1. Adjust oil or non-atmospheric gas to produce the 
required firebox pressure and CO2 or O2 
concentration in the flue gas, as described in Section 5.3.1 of 
ANSI/AHRI Standard 1500-2015. Conduct steam tests with steam 
pressure at the pressure specified in the manufacturer literature 
shipped with the commercial packaged boiler or in the manufacturer's 
supplemental testing instructions pursuant to Sec.  429.60(b)(4) of 
this chapter, but not exceeding 15 psig. If no pressure is specified 
in the manufacturer literature shipped with the commercial packaged 
boiler or in the manufacturer's supplemental testing instructions 
(pursuant to Sec.  429.60(b)(4)) of this chapter, or if a range of 
operating pressures is specified, conduct testing at a steam 
pressure equal to atmospheric pressure. If necessary to maintain 
steam quality as required by Section 5.3.7 of ANSI/AHRI Standard 
1500-2015, increase steam pressure in 1 psig increments by 
throttling with a valve beyond the separator until the test is 
completed and the steam quality requirements have been satisfied, 
but do not increase the steam pressure to greater than 15 psig.
    2.3.2. Water Test Steady-State. Ensure that a steady-state is 
reached by confirming that three consecutive readings have been 
recorded at 15-minute intervals that indicate that the measured fuel 
input rate is within  2-percent of the rated input. 
Water temperatures must meet the conditions specified in sections 
2.2.3 and 2.2.4 of this appendix as applicable.
    2.3.3. Condensate Collection for Condensing Commercial Packaged 
Boilers. Collect condensate in a covered vessel so as to prevent 
evaporation.
    2.3.4. Steam Test Duration. Replace Section C4.1.1.2.3 of ANSI/
AHRI Standard 1500-2015 with the following: The test period is one 
hour in duration if the steam condensate is measured or two hours if 
feedwater is measured. The test period must end with a 15-minute 
reading (steam condensate or feedwater and separator weight reading) 
pursuant to Table 2.2 of this appendix. When feedwater is measured, 
the water line at the end of the test must be within 0.25 inches of 
the starting level.
    2.3.5. Water Test Duration. Replace Section C4.1.2.2.3 of ANSI/
AHRI Standard 1500-2015 with the following: The test period is one 
hour for condensing commercial packaged boilers and 30 minutes for 
non-condensing commercial packaged boilers, and ends with a 15-
minute interval reading pursuant to Table 2.2 of this appendix.
    2.4. Calculations.
    2.4.1. General. To determine the thermal efficiency of 
commercial packaged boilers, use the variables in section C6 of 
Appendix C of ANSI/AHRI Standard 1500-2015 and calculation procedure 
for the thermal efficiency test specified in section C7.2 of 
Appendix C of ANSI/AHRI Standard 1500-2015, excluding sections 
C7.2.12 and C7.2.20.

[[Page 79257]]

    2.4.2. Use of Steam Properties Table. If the average measured 
temperature of the steam is higher than the value in Table D1 in 
Appendix D of ANSI/AHRI Standard 1500-2015 that corresponds to the 
average measured steam pressure, then use Table 2.5 of this appendix 
to determine the latent heat of superheated steam in (Btu/lb). Use 
linear interpolation for determining the latent heat of steam in 
Btu/lb if the measured steam pressure is between two values listed 
in Table D1 in Appendix D of ANSI/AHRI Standard 1500-2015 or in 
Table 2.5 of this appendix.

                                                  Table 2.5--Latent Heat (Btu/lb) of Superheated Steam
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Temperature ([deg]F)
      Average measured steam pressure (psi)      -------------------------------------------------------------------------------------------------------
                                                      220          240          260          280          300          320          340          360
--------------------------------------------------------------------------------------------------------------------------------------------------------
13..............................................       1155.1       1164.7       1174.3       1183.8       1193.2       1202.6       1212.0       1221.4
14..............................................       1154.6       1164.4       1174.0       1183.5       1193.0       1202.4       1211.8       1221.2
14.696..........................................       1154.4       1164.2       1173.8       1183.3       1192.8       1202.3       1211.7       1221.1
15..............................................       1154.3       1164.1       1173.7       1183.2       1192.8       1202.2       1211.7       1221.1
16..............................................       1153.8       1163.7       1173.4       1183.0       1192.5       1202.0       1211.5       1220.9
17..............................................       1153.4       1163.4       1173.1       1182.7       1192.3       1201.8       1211.3       1220.7
18..............................................  ...........       1163.0       1172.8       1182.5       1192.1       1201.6       1211.1       1220.6
19..............................................  ...........       1162.7       1172.5       1182.2       1191.9       1201.4       1210.9       1220.4
20..............................................  ...........       1162.3       1172.2       1182.0       1191.6       1201.2       1210.8       1220.3
21..............................................  ...........       1162.0       1171.9       1181.7       1191.4       1201.0       1210.6       1220.1
22..............................................  ...........       1161.6       1171.6       1181.4       1191.2       1200.8       1210.4       1219.9
23..............................................  ...........       1161.2       1171.3       1181.2       1190.9       1200.6       1210.2       1219.8
24..............................................  ...........       1160.9       1171.0       1180.9       1190.7       1200.4       1210.0       1219.6
25..............................................  ...........  ...........       1170.7       1180.6       1190.5       1200.2       1209.8       1219.4
26..............................................  ...........  ...........       1170.4       1180.4       1190.2       1200.0       1209.7       1219.3
27..............................................  ...........  ...........       1170.1       1180.1       1190.0       1199.8       1209.5       1219.1
28..............................................  ...........  ...........       1169.7       1179.8       1189.8       1199.6       1209.3       1218.9
29..............................................  ...........  ...........       1169.4       1179.6       1189.5       1199.3       1209.1       1218.8
30..............................................  ...........  ...........       1169.1       1179.3       1189.3       1199.1       1208.9       1218.6
31..............................................  ...........  ...........       1168.8       1179.0       1189.0       1198.9       1208.7       1218.4
--------------------------------------------------------------------------------------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Temperature ([deg]F)
             Absolute pressure (psi)             -------------------------------------------------------------------------------------------------------
                                                      380          400          420          440          460          480          500          600
--------------------------------------------------------------------------------------------------------------------------------------------------------
13..............................................       1230.8       1240.2       1249.5       1258.9       1268.4       1277.8       1287.3       1334.9
14..............................................       1230.6       1240.0       1249.4       1258.8       1268.3       1277.7       1287.2       1334.8
14.696..........................................       1230.5       1239.9       1249.3       1258.8       1268.2       1277.6       1287.1       1334.8
15..............................................       1230.5       1239.9       1249.3       1258.7       1268.2       1277.6       1287.1       1334.8
16..............................................       1230.3       1239.8       1249.2       1258.6       1268.0       1277.5       1287.0       1334.7
17..............................................       1230.2       1239.6       1249.1       1258.5       1267.9       1277.4       1286.9       1334.6
18..............................................       1230.0       1239.5       1248.9       1258.4       1267.8       1277.3       1286.8       1334.6
19..............................................       1229.9       1239.4       1248.8       1258.3       1267.7       1277.2       1286.7       1334.5
20..............................................       1229.7       1239.2       1248.7       1258.2       1267.6       1277.1       1286.6       1334.4
21..............................................       1229.6       1239.1       1248.6       1258.1       1267.5       1277.0       1286.5       1334.4
22..............................................       1229.5       1239.0       1248.4       1257.9       1267.4       1276.9       1286.4       1334.3
23..............................................       1229.3       1238.8       1248.3       1257.8       1267.3       1276.8       1286.7       1334.2
24..............................................       1229.2       1238.7       1248.2       1257.7       1267.2       1276.7       1286.3       1334.2
25..............................................       1229.0       1238.5       1248.1       1257.6       1267.1       1276.6       1286.2       1334.1
26..............................................       1228.9       1238.4       1248.0       1257.5       1267.0       1276.5       1286.1       1334.0
27..............................................       1228.7       1238.3       1247.8       1257.4       1266.9       1276.4       1286.0       1334.0
28..............................................       1228.6       1238.1       1247.7       1257.2       1266.8       1276.3       1285.9       1333.9
29..............................................       1228.4       1238.0       1247.6       1257.1       1266.7       1276.2       1285.8       1333.9
30..............................................       1228.3       1237.9       1247.5       1257.0       1266.6       1276.2       1285.7       1333.8
31..............................................       1228.1       1237.7       1247.3       1256.9       1266.5       1276.1       1285.6       1333.7
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Temperature ([deg]F)
             Absolute pressure (psi)             -------------------------------------------------------------------------------------------------------
                                                      700          800          900          1000         1200         1400         1600
--------------------------------------------------------------------------------------------------------------------------------------------------------
13..............................................       1383.2       1432.4       1482.3       1533.2       1637.5       1745.5       1857.3  ...........
14..............................................       1383.2       1432.3       1482.3       1533.1       1637.5       1745.5       1857.3  ...........
14.696..........................................       1383.2       1432.3       1482.3       1533.1       1637.5       1745.5       1857.3  ...........
15..............................................       1383.1       1432.3       1482.3       1533.1       1637.5       1745.5       1857.3  ...........
16..............................................       1383.1       1432.3       1482.2       1533.1       1637.4       1745.5       1857.3  ...........
17..............................................       1383.0       1432.2       1482.2       1533.1       1637.4       1745.5       1857.3  ...........
18..............................................       1383.0       1432.2       1482.2       1533.0       1637.4       1745.5       1857.2  ...........
19..............................................       1382.9       1432.1       1482.1       1533.0       1637.4       1745.4       1857.2  ...........
20..............................................       1382.9       1432.1       1482.1       1533.0       1637.4       1745.4       1857.2  ...........
21..............................................       1382.8       1432.0       1482.1       1532.9       1637.3       1745.4       1857.2  ...........
22..............................................       1382.8       1432.0       1482.0       1532.9       1637.3       1745.4       1857.2  ...........

[[Page 79258]]

 
23..............................................       1382.7       1432.0       1482.0       1532.9       1637.3       1745.4       1857.2  ...........
24..............................................       1382.7       1431.9       1482.0       1532.9       1637.3       1745.4       1857.2  ...........
25..............................................       1382.6       1431.9       1481.9       1532.8       1637.3       1745.3       1857.2  ...........
26..............................................       1382.6       1431.8       1481.9       1532.8       1637.2       1745.3       1857.1  ...........
27..............................................       1382.5       1431.8       1481.9       1532.8       1637.2       1745.3       1857.1  ...........
28..............................................       1382.5       1431.8       1481.8       1532.8       1637.2       1745.3       1857.1  ...........
29..............................................       1382.4       1431.7       1481.8       1532.7       1637.2       1745.3       1857.1  ...........
30..............................................       1382.4       1431.7       1481.8       1532.7       1637.2       1745.3       1857.1  ...........
31..............................................       1382.3       1431.6       1481.7       1532.7       1637.1       1745.2       1857.1  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------

    2.4.3. Alternative Thermal Efficiency Calculation for Large 
Steam Commercial Packaged Boilers. To determine the thermal 
efficiency of commercial packaged boilers with a fuel input rate 
greater than 5,000,000 Btu/h according to the steam test pursuant to 
Section C4.1.1 of ANSI/AHRI Standard 1500-2015, either:
    2.4.3.1. Calculate the thermal efficiency of commercial packaged 
boiler models in steam mode in accordance with the provisions of 
section 2.4.1. of this appendix, or
    2.4.3.2. Measure and calculate combustion efficiency 
EffySS in steam mode according to Section 3. Combustion 
Efficiency Test of this appendix and convert to thermal efficiency 
using the equation:

EffyT = EffySS - 2.0

where EffyT is the thermal efficiency and 
EffySS is the combustion efficiency as defined in C6 of 
ANSI/AHRI Standard 1500-2015. The combustion efficiency 
EffySS is as calculated in Section C7.2.14 of ANSI/AHRI 
Standard 1500-2015.
    2.4.4. Rounding. Round the final thermal efficiency value to 
nearest one tenth of one percent.

3. Combustion Efficiency Test

    3.1. Test Setup.
    3.1.1. Instrumentation. Use instrumentation meeting the minimum 
requirements found in Table C1 of ANSI/AHRI Standard 1500-2015 
(incorporated by reference, see Sec.  431.85).
    3.1.2. Data collection and sampling. Record all test data in 
accordance with Table 3.1 and Table 3.2 of this appendix. Do not use 
Section C5 and Table C4 of Appendix C in ANSI/AHRI Standard 1500-
2015.

              Table 3.1--Data To Be Recorded Before Testing
------------------------------------------------------------------------
             Item recorded                    Additional instruction
------------------------------------------------------------------------
Date of Test...........................
Manufacturer...........................
Commercial Packaged Boiler Model Number
Burner Model Number & Manufacturer.....
Nozzle description and oil pressure....
Oil Analysis--H, C, API Gravity, lb/gal
 and Btu/lb.
Gas Manifold Pressure..................  Record at start and end of
                                          test.
Gas line pressure at meter.............  Measurement may be made
                                          manually.
Gas temperature........................  Measurement may be made
                                          manually.
Barometric Pressure (Steam and Natural   Measurement may be made
 Gas Only).                               manually.
Gas Heating Value, Btu/ft *............  Record at start and end of
                                          test.
------------------------------------------------------------------------
* Multiplied by correction factors, as applicable, in accordance with
  Appendix E of ANSI/AHRI Standard 1500-2015.

BILLING CODE 6450-01-P

[[Page 79259]]

[GRAPHIC] [TIFF OMITTED] TR10NO16.004

BILLING CODE 6450-01-C
    3.1.3. Instrument Calibration. Instruments must be calibrated at 
least once per year and a record must be kept as part of the data 
underlying each basic model certification, pursuant to Sec.  429.71 
of this chapter, containing, at least, the date of calibration and 
the method of calibration.
    3.1.4. Test Setup and Apparatus. Set up the commercial packaged 
boiler for combustion efficiency testing according to the provisions 
of Section C2 (except section C2.1) of Appendix C of ANSI/AHRI 
Standard 1500-2015.

[[Page 79260]]

    3.1.4.1. For tests of oil-fired commercial packaged boilers, 
determine the weight of fuel consumed using one of the methods 
specified in sections 3.1.4.1.1. or 3.1.4.1.2. of this appendix.
    3.1.4.1.1. If using a scale, determine the weight of fuel 
consumed as the difference between the weight of the oil vessel 
before and after each measurement period, as specified in sections 
3.1.4.1.3.1. or 3.1.4.1.3.2. of this appendix, determined using a 
scale meeting the accuracy requirements of Table C1 of ANSI/AHRI 
Standard 1500-2015.
    3.1.4.1.2. If using a flow meter, first determine the volume of 
fuel consumed as the total volume over the applicable measurement 
period, as specified in sections 3.1.4.1.3.1. or 3.1.4.1.3.2. of 
this appendix, and as measured by a flow meter meeting the accuracy 
requirements of Table C1 of ANSI/AHRI Standard 1500-2015 upstream of 
the oil inlet port of the commercial packaged boiler. Then determine 
the weight of fuel consumed by multiplying the total volume of fuel 
over the applicable measurement period by the density of oil, in 
pounds per gallon, as determined pursuant to Section C3.2.1.1.3. of 
ANSI/AHRI Standard 1500-2015.
    3.1.4.1.3. The applicable measurement period for the purposes of 
determining fuel input rate must be as specified in section 
3.1.4.1.3.1. of this appendix for the ``Warm-Up Period'' or 
3.1.4.1.3.2. of this appendix for the ``Test Period.''
    3.1.4.1.3.1. For the purposes of confirming steady-state 
operation during the ``Warm-Up Period,'' the measurement period must 
be 15 minutes and tT in Equation C2 in Section C7.2.3.1 
of ANSI/AHRI Standard 1500-2015 must be 0.25 hours to determine fuel 
input rate.
    3.1.4.1.3.2. For the purposes of determining combustion 
efficiency during the ``Test Period,'' the measurement period and 
tT are 0.5 hours pursuant to section 3.3.1.1. of this 
appendix.
    3.1.4.2 For tests of gas-fired commercial packaged boilers, 
install a volumetric gas meter meeting the accuracy requirements of 
Table C1 of ANSI/AHRI Standard 1500-2015 upstream of the gas inlet 
port of the commercial packaged boiler. Record the accumulated gas 
volume consumed for each applicable measurement period. Use Equation 
C7.2.3.2. of ANSI/AHRI Standard 1500-2015 to calculate fuel input 
rate.
    3.1.4.2.1. The applicable measurement period for the purposes of 
determining fuel input rate must be as specified in section 
3.1.4.2.1.1. of this appendix for the ``Warm-Up Period'' and 
3.1.4.2.1.2. of this appendix for the ``Test Period.''
    3.1.4.2.1.1. For the purposes of confirming steady-state 
operation during the ``Warm-Up Period,'' the measurement period must 
be 15 minutes and tT in Equation C2 in Section C7.2.3.1 
of ANSI/AHRI Standard 1500-2015 must be 0.25 hour to determine fuel 
input rate.
    3.1.4.2.1.2. For the purposes of determining combustion 
efficiency during the ``Test Period,'' the measurement period and 
tT are 0.5 hour pursuant to section 3.3.1.1.of this 
appendix.
    3.1.4.3. In addition to the provisions of Section C2.2.1.2 of 
ANSI/AHRI Standard 1500-2015, vent gases may alternatively be 
discharged vertically into a straight stack section without elbows. 
R-7 minimum insulation must extend 6 stack diameters above the flue 
collar, the thermocouple grid must be located at a vertical distance 
of 3 stack diameters above the flue collar, and the sampling tubes 
for flue gases must be installed 1 stack diameter beyond the 
thermocouple grid.
    3.1.5. Additional Requirements for Outdoor Commercial Packaged 
Boilers. If the manufacturer provides more than one outdoor venting 
arrangement, the outdoor commercial packaged boiler (as defined in 
section 3.2.6 of ANSI/AHRI Standard 1500-2015 (incorporated by 
reference, see Sec.  431.85)) must be tested with the shortest total 
venting arrangement as measured by adding the straight lengths of 
venting supplied with the equipment.
    3.1.6. Additional Requirements for Field Tests.
    3.1.6.1 Field tests are exempt from the requirements of Section 
C2.2 of Appendix C of ANSI/AHRI Standard 1500-2015. Measure the flue 
gas temperature according to Section C2.5.1 of Appendix C of ANSI/
AHRI Standard 1500-2015 and the thermocouple grids identified in 
Figure C12 of ANSI/AHRI Standard 1500-2015, with the following 
modification: The thermocouple grid may be staggered vertically by 
up to 1.5 inches to allow the use of instrumented rods to be 
inserted through holes drilled in the venting.
    3.1.6.2. Field tests are exempt from the requirements of Section 
C2.6.3 of Appendix C of ANSI/AHRI Standard 1500-2015.
    3.1.7. Additional Requirements for Water Tests. In addition to 
the provisions of Section C2 of Appendix C of ANSI/AHRI Standard 
1500-2015 (incorporated by reference, see Sec.  431.85) the 
following requirements apply for water tests:
    3.1.7.1. Insulate all water piping between the commercial 
packaged boiler and the location of the temperature measuring 
equipment, including one foot (1 ft.) beyond the sensor, using 
insulation meeting the requirements specified in Table 2.3 of this 
appendix.
    3.1.7.2. Install a temperature measuring device at Point B of 
Figure C9 of ANSI/AHRI Standard 1500-2015. Water entering the 
commercial packaged boiler must first enter the run of a tee and 
exit from the top outlet of the tee. The remaining connection of the 
tee shall be plugged. Measure the inlet water temperature at Point B 
in the run of a second tee located 12  2 pipe diameters 
downstream from the first tee and no more than the greater of 12 
inches or 6 pipe diameters from the inlet of the commercial packaged 
boiler. The temperature measuring device shall extend into the water 
flow at the point of exit from the side outlet of the second tee. 
All inlet piping between the temperature measuring device and the 
inlet of the commercial packaged boilers must be wrapped with R-7 
insulation. Field tests must also measure the inlet water 
temperature at Point B in Figure C9, however they are not required 
to use the temperature measurement piping described in this section 
3.1.7. of this appendix.
    3.1.7.3. Do not use Section C2.7.2.2.2 or its subsections of 
ANSI/AHRI Standard 1500-2015 for water meter calibration.
    3.1.8. Flue Gas Sampling. In section C2.5.2 of Appendix C of 
ANSI/AHRI Standard 1500-2015, replace the last sentence with the 
following: When taking flue gas samples from a rectangular plane, 
collect samples at \1/4\, \1/2\, and \3/4\ the distance from one 
side of the rectangular plane in the longer dimension and along the 
centerline midway between the edges of the plane in the shorter 
dimension and use the average of the three samples. The tolerance in 
each dimension for each measurement location is  1 inch.
    3.2. Test Conditions.
    3.2.1. General. Use the test conditions from Sections 5.3 and C3 
of Appendix C of ANSI/AHRI Standard 1500-2015 (incorporated by 
reference; see Sec.  431.85) for combustion efficiency testing but 
do not use the following sections:
    (1) 5.3 Introductory text
    (2) 5.3.5
    (3) 5.3.7 (excluded for field tests only)
    (4) 5.3.8
    (5) 5.3.9
    (6) C3.1.3 (and subsections)
    (7) C3.5 (including Table C2)
    (8) C3.6
    (9) C3.7
    3.2.2. Burners for Oil-Fired Commercial Packaged Boilers. In 
addition to Section C3.3 of Appendix C of ANSI/AHRI Standard 1500-
2015, the following applies: For oil-fired commercial packaged 
boilers, test the unit with the particular make and model of burner 
as certified by the manufacturer. If multiple burners are specified 
in the certification report for that basic model, then use any of 
the listed burners for testing.
    3.2.3. Water Temperatures. Maintain the outlet temperature 
measured at Point C in Figure C9 at 180 [deg]F  2 [deg]F 
and maintain the inlet temperature measured at Point B at 80 [deg]F 
 5 [deg]F during the ``Warm-up Period'' and ``Test 
Period'' as indicated by 1-minute interval data pursuant to Table 
3.1 of this appendix. Each reading must meet these temperature 
requirements. Use the inlet temperature and flow rate measured at 
Point B in Figure C9 of Appendix C of ANSI/AHRI Standard 1500-2015 
for calculation of thermal efficiency. Field tests are exempt from 
this requirement and instead must comply with the requirements of 
section 3.2.3.1 of this appendix.
    3.2.3.1. For field tests, the inlet temperature measured at 
Point A and Point B in Figure C9 and the outlet temperature measured 
and Point C in Figure C9 of ANSI/AHRI Standard 1500-2015 must be 
recorded in the data underlying that model's certification pursuant 
to Sec.  429.71 of this chapter, and the difference between the 
inlet (measured at Point B) and outlet temperature (measured at 
Point C) must not be less than 20 [deg]F at any point during the 
``Warm-up Period'' and ``Test Period,'' after stabilization has been 
achieved, as indicated by 1-minute interval data pursuant to Table 
3.2 of this appendix.
    3.2.3.2. For commercial packaged boilers that require a higher 
flow rate than that resulting from the water temperature 
requirements of section 3.2.3 of this

[[Page 79261]]

appendix to prevent boiling, use a recirculating loop and maintain 
the inlet temperature at Point B of Figure C9 of ANSI/AHRI Standard 
1500-2015 at 140 [deg]F  5 [deg]F during the ``Warm-up 
Period'' and ``Test Period'' as indicated by 1-minute interval data 
pursuant to Table 3.2 of this appendix. Each reading must meet these 
temperature requirements. Use the inlet temperature and flow rate 
measured at Point A in Figure C9 of Appendix C of ANSI/AHRI Standard 
1500-2015 for calculation of thermal efficiency.
    3.2.4. Air Temperature. For tests of non-condensing boilers 
(except during field tests), maintain ambient room temperature 
between 65 [deg]F and 100 [deg]F at all times during the ``Warm-up 
Period'' and ``Test Period'' (as described in Section C4 of Appendix 
C of ANSI/AHRI Standard 1500-2015) as indicated by 1-minute interval 
data pursuant to Table 3.2 of this appendix. For tests of condensing 
boilers (except during field tests), maintain ambient room 
temperature between 65 [deg]F and 85 [deg]F at all times during the 
``Warm-up Period'' and ``Test Period'' (as described in Section C4 
of Appendix C of ANSI/AHRI Standard 1500-2015) as indicated by 1-
minute interval data pursuant to Table 3.2 of this appendix. The 
ambient room temperature may not differ by more than  5 
[deg]F from the average ambient room temperature during the entire 
``Test Period'' at any 1-minute interval reading. Measure the room 
ambient temperature within 6 feet of the front of the unit at mid 
height. The test air temperature, measured at the air inlet of the 
commercial packaged boiler, must be within  5 [deg]F of 
the room ambient temperature when recorded at the 1-minute interval 
defined by Table 3.2. For field tests, record the ambient room 
temperature at 1-minute intervals in accordance with Table 3.2 of 
this appendix.
    3.2.5. Ambient Humidity. For condensing boilers (except during 
field tests), maintain ambient room relative humidity below 80-
percent relative humidity at all times during both the ``Warm-up 
Period'' and ``Test Period'' (as described in Section C4 of Appendix 
C of ANSI/AHRI Standard 1500-2015) pursuant to Table 3.2 of this 
appendix. Measure the ambient humidity in the same location as air 
temperature. For field tests of condensing boilers, record the 
ambient room relative humidity in accordance with Table 3.2 of this 
appendix.
    3.2.6. Flue Gas Temperature. The flue gas temperature during the 
test must not vary from the flue gas temperature measured at the 
start of the Test Period (as defined in Section C4 of ANSI/AHRI 
Standard 1500-2015) when recorded at the interval defined in Table 
3.2 by more than the limits prescribed in Table 3.4 of this 
appendix. For field tests, flue gas temperature does not need to be 
within the limits in Table 3.3 of this appendix but must be recorded 
at the interval specified in Table 3.2 of this appendix.

   Table 3.3--Flue Gas Temperature Variation Limits During Test Period
------------------------------------------------------------------------
            Fuel type               Non-condensing        Condensing
------------------------------------------------------------------------
Gas.............................   2      Greater of  3 percent
                                                       and 
                                                       5 [deg]F.
Light Oil.......................   2
                                   percent.
Heavy Oil.......................  Greater of  3 percent
                                   and 
                                   5 [deg]F.
------------------------------------------------------------------------

    3.3. Test Method.
    3.3.1. General. Conduct the combustion efficiency test using the 
test method prescribed in Section C4 ``Test Procedure'' of Appendix 
C of ANSI/AHRI Standard 1500-2015 excluding sections:
    (1) C4.1.1.1.2
    (2) C4.1.1.2.3 (see 3.3.4 of this appendix)
    (3) C4.1.2.1.5
    (4) C4.1.2.2.2
    (5) C4.1.2.2.3 (see 3.3.5 of this appendix)
    (6) C4.2
    (7) C4.2.1
    (8) C4.2.2
    3.3.1.1. The duration of the ``Test Period'' outlined in 
sections C4.1.1.2 of Appendix C of ANSI/AHRI Standard 1500-2015 
(incorporated by reference, see Sec.  431.85) and C4.1.2.2 of 
Appendix C of ANSI/AHRI Standard 1500-2015 is 30 minutes. For 
condensing commercial packaged boilers, condensate must be collected 
for the 30 minute Test Period.
    3.3.1.2. Adjust oil or non-atmospheric gas to produce the 
required firebox pressure and CO2 or O2 
concentration in the flue gas, as described in section 5.3.1 of 
ANSI/AHRI Standard 1500-2015. Conduct steam tests with steam 
pressure at the pressure specified in the manufacturer literature 
shipped with the commercial packaged boiler or in the manufacturer's 
supplemental testing instructions pursuant to Sec.  429.60(b)(4) of 
this chapter, but not exceeding 15 psig. If no pressure is specified 
in the manufacturer literature shipped with the commercial packaged 
boiler or in the manufacturer's supplemental testing instructions 
(pursuant to Sec.  429.60(b)(4)) of this chapter, or if a range of 
operating pressures is specified, conduct testing at a steam 
pressure equal to atmospheric pressure. If necessary to maintain 
steam quality as required by section 5.3.7 of ANSI/AHRI Standard 
1500-2015, increase steam pressure in 1 psig increments by 
throttling with a valve beyond the separator until the test is 
completed and the steam quality requirements have been satisfied, 
but do not increase the steam pressure to greater than 15 psig.
    3.3.2. Water Test Steady-State. Ensure that a steady-state is 
reached by confirming that three consecutive readings have been 
recorded at 15-minute intervals that indicate that the measured fuel 
input rate is within  2-percent of the rated input. 
Water temperatures must meet the conditions specified in sections 
3.2.3, 3.2.3.1, and 3.2.3.2 of this appendix as applicable.
    3.3.3. Procedure for the Measurement of Condensate for a 
Condensing Commercial Packaged Boiler. Collect flue condensate using 
a covered vessel so as to prevent evaporation. Measure the 
condensate from the flue gas during the ``Test Period.'' Flue 
condensate mass must be measured within 5 minutes after the end of 
the ``Test Period'' (defined in C4.1.1.2 and C4.1.2.2 of ANSI/AHRI 
Standard 1500-2015) to prevent evaporation loss from the sample. 
Determine the mass of flue condensate for the ``Test Period'' by 
subtracting the tare container weight from the total weight of the 
container and flue condensate measured at the end of the ``Warm-up 
Period.''
    3.4. Calculations.
    3.4.1. General. Use the variables in Section C6 and calculation 
procedure for the combustion efficiency test specified in Section 
C7.3 of Appendix C (including the specified subsections of C7.2) of 
ANSI/AHRI Standard 1500-2015 (incorporated by reference, see Sec.  
431.85).
    3.4.2. Rounding. Round combustion efficiency to nearest one 
tenth of a percent.
[FR Doc. 2016-26201 Filed 11-9-16; 8:45 am]
 BILLING CODE 6450-01-P