[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Proposed Rules]
[Pages 6088-6095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03269]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2019-BT-TP-0003]


Energy Conservation Program: Test Procedure for Direct Heating 
Equipment

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

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (``DOE'') is initiating a data 
collection process through this request for information (``RFI'') to 
consider whether to amend DOE's test procedure for direct heating 
equipment. To inform interested parties and to facilitate this process, 
DOE has gathered data, identifying several issues associated with the 
currently applicable test procedures on which DOE is interested in 
receiving comment. The issues outlined in this document mainly concern 
the evaluation of additional calculations relevant to the unvented 
direct heating equipment test procedure, updates to applicable industry 
standards incorporated by reference in the vented direct heating 
equipment test procedure, and any additional topics that may inform 
DOE's decisions in a future test procedure rulemaking, including 
methods to reduce regulatory burden while ensuring the procedure's 
accuracy. DOE welcomes written comments from the public on any subject 
within the scope of this document (including topics not raised in this 
RFI).

DATES: Written comments and information are requested and will be 
accepted on or before April 12, 2019.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2019-BT-
TP-0003, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: To [email protected]. Include docket number EERE-
2019-BT-TP-0003 in the subject line of the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
Test Procedure RFI for Direct Heating Equipment, Docket No. EERE-2019-
BT-TP-0003, 1000 Independence Avenue SW, Washington, DC, 20585-0121. If 
possible, please submit all items on a compact disc (``CD''), in which 
case it is not necessary to include printed copies.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, Washington, DC, 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at http://www.regulations.gov. All documents in 
the docket are listed in the http://www.regulations.gov index. However, 
some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    The docket web page can be found at [http://www.regulations.gov/docket?D=EERE-2019-BT-STD-0002]. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section III of this document for information on how 
to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, 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) 287-1943. Email: 
[email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC, 20585-
0121. Telephone: (202) 586-5827. Email: [email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-

[[Page 6089]]

1445 or by email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information
    A. Scope and Definitions
    1. Unvented Heaters
    2. Vented Heaters
    B. Updates to Industry Standards
    1. ANSI/ASHRAE 103
    2. ANSI Z21.86
    C. Test Method for Unvented Heaters
    D. Test Method for Vented Heaters
    E. Performance and Utility
    F. Other Test Procedure Topics
III. Submission of Comments

I. Introduction

    Direct heating equipment (DHE) is included in the list of ``covered 
products'' for which DOE is authorized to establish and amend energy 
conservation standards and test procedures. (42 U.S.C. 6292(a)(9)) The 
definition of ``direct heating equipment'' includes vented home heating 
equipment and unvented home heating equipment. 10 Code of Federal 
Regulations (CFR) 430.2. (Hereafter in this notice, the terms ``vented 
heater'' and ``unvented heater'' are used to describe the two types of 
direct heating equipment). DOE's test procedures for unvented heaters 
are prescribed at 10 CFR part 430, subpart B, appendix G (``Appendix 
G''). DOE's test procedures for vented heaters are prescribed at 10 CFR 
part 430, subpart B, appendix O (``Appendix O''). DOE prescribes energy 
conservation standards for vented heaters at 10 CFR 430.32(i). DOE does 
not currently prescribe energy conservation standards for unvented 
heaters. The following sections discuss DOE's authority to establish 
and amend test procedures for DHE, as well as relevant background 
information regarding DOE's consideration of test procedures for this 
product.

A. Authority and Background

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. (42 U.S.C. 6291-
6317, as codified) Title III, Part B \2\ of EPCA established the Energy 
Conservation Program for Consumer Products Other Than Automobiles, 
which sets forth a variety of provisions designed to improve energy 
efficiency. These products include DHE, the subject of this RFI. (42 
U.S.C. 6292(a)(9))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of the Act specifically include 
definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 
6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 
6294), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    The Federal 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 pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use, or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and requires that the test procedure 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    If DOE determines that a test procedure amendment is warranted, it 
must publish proposed test procedures and offer the public an 
opportunity to present oral and written comments on them. (42 U.S.C. 
6293(b)(2))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, taking into consideration the 
most current versions of Standards 62301 and 62087 of the International 
Electrotechnical Commission (``IEC''), unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. (42 
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically 
infeasible, DOE must prescribe separate standby mode and off mode 
energy use test procedures for the covered product, if a separate test 
is technically feasible. (Id.)
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including DHE, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the 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 or period of 
use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary determines, on his own 
behalf or in response to a petition by any interested person, that a 
test procedure should be prescribed or amended, the Secretary shall 
promptly publish in the Federal Register proposed test procedures and 
afford interested persons an opportunity to present oral and written 
data, views, and arguments with respect to such procedures. The comment 
period on a proposed rule to amend a test procedure shall be at least 
60 days and may not exceed 270 days. In prescribing or amending a test 
procedure, the Secretary shall take into account such information as 
the Secretary determines relevant to such procedure, including 
technological developments relating to energy use or energy efficiency 
of the type (or class) of covered products involved. (42 U.S.C. 
6293(b)(2)) If DOE determines that test procedure revisions are not 
appropriate, DOE must publish its determination not to amend the test 
procedures. (42 U.S.C. 6293(b)(1)(A)(ii)) DOE is publishing this RFI to 
collect data and information to inform its decision in satisfaction of 
the 7-year review requirement specified in EPCA. (42 U.S.C. 
6293(b)(1)(A))

[[Page 6090]]

B. Rulemaking History

    DOE's existing test procedures for unvented heaters and vented 
heaters appear at Appendix G and Appendix O, respectively. DOE 
originally established Appendix G in a final rule published in the 
Federal Register on May 10, 1978. 43 FR 20128, 20132-20146. DOE amended 
the test procedures for unvented home heating equipment on March 28, 
1984 (``March 28, 1984 final rule'') to prescribe test procedures for 
fossil-fuel-fired unvented heaters and to add a calculation of the 
estimated operational cost per million British thermal unit (Btu) of 
output. 49 FR 12148, 12157-12158. DOE most recently updated Appendix G 
in a final rule published December 17, 2012 (``December 17, 2012 final 
rule'') to establish procedures for measuring energy consumption in 
standby mode and off mode, pursuant to EPCA. 77 FR 74559. 74571-74572. 
In the December 17, 2012 final rule, DOE did not incorporate standby 
mode and off mode energy into the annual energy consumption 
calculations for unvented heaters because it determined that a detailed 
annual energy consumption accounting was not appropriate for unvented 
heaters, as described further in section II.C of this document. 77 FR 
74559, 74561.
    DOE originally established Appendix O in a final rule published in 
the Federal Register on May 10, 1978. 43 FR 20147, 20182-20205. DOE 
amended the test procedures for vented home heating equipment in the 
March 28, 1984 final rule to include a simplified procedure for heaters 
with modulating controls, and to address manually controlled vented 
heaters, vented heaters equipped with thermal stack dampers, and floor 
furnaces. 49 FR 12148, 12169-12178. DOE amended the test procedure for 
vented heaters again on May 12, 1997 to add calculations for electrical 
energy consumption, to clarify the pilot light energy measurement for 
manually-controlled vented heaters, and to update the provisions for 
determining the efficiency of manually-controlled heaters with variable 
input rates. 62 FR 26140, 26156-26157. In the December 17, 2012 final 
rule, DOE established procedures for measuring power consumption in 
standby mode and off mode and for calculating the energy consumption 
associated with operation in standby mode and off mode. 77 FR 74559, 
74561.
    In the most recent test procedure rulemaking for DHE, DOE added 
provisions for testing vented home heating equipment that utilize 
condensing technology and incorporated by reference six industry test 
standards to replace the outdated test standards referred to in the 
then existing DOE test procedure. 80 FR 792 (Jan. 6, 2015) (``January 
6, 2015 Final Rule''). DOE determined at that time not to amend the 
test procedures for unvented heaters. Id. at 793.
    For unvented electric heaters that are the primary heating source 
for the home, Appendix G includes provisions for measuring electric 
power and calculating annual energy consumption. For all electric and 
gas unvented heaters, Appendix G includes provisions for determining 
the rated output. Appendix G does not contain provisions for 
determining energy efficiency, as all unvented heaters are generally 
considered to be 100-percent efficient. Accordingly, DOE has not 
established energy conservation standards for unvented heaters.
    For vented heaters, Appendix O includes provisions for determining 
annual fuel utilization efficiency (``AFUE''), which is the efficiency 
metric used for determining compliance with the energy conservation 
standards. Appendix O also specifies provisions for determining annual 
energy consumption. Manufacturers must use the test procedures at 
Appendix O to demonstrate compliance with the current energy 
conservation standards for vented home heating equipment.

II. Request for Information

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of the technical and 
economic analyses regarding whether amended test procedures for DHE may 
be warranted. Specifically, DOE is requesting comment on any 
opportunities to streamline and simplify testing requirements for DHE.
    Additionally, DOE welcomes comments on other issues relevant to the 
conduct of this process that may not be specifically identified in this 
document. In particular, DOE notes that under Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' Executive 
Branch agencies such as DOE are directed to manage the costs associated 
with the imposition of expenditures required to comply with Federal 
regulations. See 82 FR 9339 (Feb. 3, 2017). Pursuant to that Executive 
Order, DOE encourages the public to provide input on measures DOE could 
take to lower the cost of its regulations applicable to DHE consistent 
with the requirements of EPCA.

A. Scope and Definitions

    The test procedures for DHE cover those products that meet the 
definitions of ``direct heating equipment'' and ``home heating 
equipment,'' as codified at 10 CFR 430.2 and defined as follows:
    1. ``Direct heating equipment'' means vented home heating equipment 
and unvented home heating equipment.
    2. ``Home heating equipment, not including furnaces'' means vented 
home heating equipment and unvented home heating equipment.
1. Unvented Heaters
    The unvented heaters test procedure covers those products that meet 
the definitions for ``unvented home heating equipment,'' as codified at 
10 CFR 430.2. DOE defines unvented heaters and the various sub-types of 
unvented heaters as follows:
    1. ``Unvented home heating equipment'' means a class of home 
heating equipment, not including furnaces, used for the purpose of 
furnishing heat to a space proximate to such heater directly from the 
heater and without duct connections and includes electric heaters and 
unvented gas and oil heaters.
    2. ``Electric heater'' means an electric appliance in which heat is 
generated from electrical energy and dissipated by convection and 
radiation and includes baseboard electric heaters, ceiling electric 
heaters, floor electric heaters, portable electric heaters, and wall 
electric heaters.
    3. ``Primary heater'' means a heating device that is the principal 
source of heat for a structure and includes baseboard electric heaters, 
ceiling electric heaters, and wall electric heaters.
    4. ``Supplementary heater'' means a heating device that provides 
heat to a space in addition to that which is supplied by a primary 
heater. Supplementary heaters include portable electric heaters.
    5. ``Baseboard electric heater'' means an electric heater which is 
intended to be recessed in or surface mounted on walls at floor level, 
which is characterized by long, low physical dimensions, and which 
transfers heat by natural convection and/or radiation.
    6. ``Ceiling electric heater'' means an electric heater which is 
intended to be recessed in, surface mounted on, or hung from a ceiling, 
and which transfers heat by radiation and/or convection (either natural 
or forced).
    7. ``Floor electric heater'' means an electric heater which is 
intended to be recessed in a floor, and which transfers by radiation 
and/or convection (either natural or forced).

[[Page 6091]]

    8. ``Portable electric heater'' means an electric heater which is 
intended to stand unsupported, and can be moved from place to place 
within a structure. It is connected to electric supply by means of a 
cord and plug, and transfers heat by radiation and/or convention 
(either natural or forced).
    9. ``Wall electric heater'' means an electric heater (excluding 
baseboard electric heaters) which is intended to be recessed in or 
surface mounted on walls, which transfers heat by radiation and/or 
convection (either natural or forced) and which includes forced 
convectors, natural convectors, radiant heaters, high wall or valance 
heaters.
    10. ``Unvented gas heater'' means an unvented, self-contained, 
free-standing, non-recessed gas-burning appliance which furnishes warm 
air by gravity or fan circulation.
    11. ``Unvented oil heater'' means an unvented, self-contained, 
free-standing, non-recessed oil-burning appliance which furnishes warm 
air by gravity or fan circulation.
    Issue A.1 DOE requests comment on the definitions currently 
applicable to unvented heaters and whether any of the definitions 
should be revised, and if so, how. Please provide a rationale for any 
suggested change. DOE notes that floor electric heaters are not 
currently listed among the other types of heaters included in the 
definition of a ``primary heater.'' DOE understands that floor electric 
heaters have similar heat output as the types of heaters listed in the 
definition of ``primary heater'' and may provide the primary source of 
heat in small dwellings. DOE requests comment on whether floor electric 
heaters should be specifically defined and also included in the 
definition of ``primary heater.''
2. Vented Heaters
    The vented heaters test procedure covers those products that meet 
the definitions for ``vented home heating equipment,'' as codified at 
10 CFR 430.2. DOE defines vented heaters and the various sub-types of 
vented heaters as follows:
    1. ``Vented home heating equipment'' or ``vented heater'' means a 
class of home heating equipment, not including furnaces, designed to 
furnish warmed air to the living space of a residence, directly from 
the device, without duct connections (except that boots not to exceed 
10 inches beyond the casing may be permitted) and includes: Vented wall 
furnace, vented floor furnace, and vented room heater.
    2. ``Vented floor furnace'' means a self-contained vented heater 
suspended from the floor of the space being heated, taking air for 
combustion from outside this space. The vented floor furnace supplies 
heated air circulated by gravity or by a fan directly into the space to 
be heated through openings in the casing.
    3. ``Vented room heater'' means a self-contained, free standing, 
non-recessed, vented heater for furnishing warmed air to the space in 
which it is installed. The vented room heater supplies heated air 
circulated by gravity or by a fan directly into the space to be heated 
through openings in the casing.
    4. ``Vented wall furnace'' means a self-contained vented heater 
complete with grilles or the equivalent, designed for incorporation in, 
or permanent attachment to, a wall of a residence and furnishing heated 
air circulated by gravity or by a fan directly into the space to be 
heated through openings in the casing.
    Issue A.2 DOE requests comment on the definitions currently 
applicable to vented heaters and whether any of the definitions should 
be revised, and if so, how. Please provide a rationale for any 
suggested change.

B. Updates to Industry Standards

    DOE's current test procedures for DHE reference industry standards 
for various aspects of the test procedures. All materials incorporated 
by reference are listed at 10 CFR 430.3 and within Appendices G and O. 
DOE intends to fully review all the referenced standards in the DHE 
test procedures as part of this evaluation. The following is a list of 
the shorthand titles and full titles of all the referenced industry 
standards currently used in the DHE test procedures.
     ``ANSI/ASHRAE 103-2007'' means the test standard published 
by the American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers titled, ``Method of Test for Annual Fuel Utilization 
Efficiency of Residential Central Furnaces and Boilers.''
     ``ANSI Z21.86-2008'' means the standard published by the 
American National Standards Institute titled, ``Vented Gas-Fired Space 
Heating Appliances.''
     ``ASTM D2156-09'' means the standard published by the 
American Society of Testing and Materials International titled, 
``Standard Test Method for Smoke Density in Flue Gases from Burning 
Distillate Fuels.''
     ``IEC 62301 (Second Edition)'' means the standard 
published by the International Electrotechnical Commission titled, 
``Household electrical appliances--Measurement of standby power'' 
(Edition 2.0 2011-01).
     ``UL 729-2003'' means the test standard published by 
Underwriters Laboratories, Inc. titled, ``Standard for Safety for Oil-
Fired Floor Furnaces.''
     ``UL 730-2003'' means the test standard published by 
Underwriters Laboratories, Inc. titled, ``Standard for Safety for Oil-
Fired Wall Furnaces.''
     ``UL 896-1993'' means the test standard published by 
Underwriters Laboratories, Inc. titled, ``Standard for Safety for Oil-
Burning Stoves.''
    DOE conducted a preliminary examination of the available industry 
test standards and found that updates exist for all the incorporated 
standards except for ASTM D2156-09 and IEC 62301 (Second Edition). DOE 
reviewed all of those updated industry test standards.
    However, when reviewing the revised versions of UL 729-2003 (last 
revised November 22, 2016), 730-2003 (last revised November 22, 2016), 
and 896-1993 (last revised November 22, 2016), DOE found that no 
revisions have been made to the sections incorporated by reference to 
the vented heaters test procedure.
    Issue B.1 DOE requests any information in relation to the revisions 
to the existing standards that have been incorporated by reference, 
including the purpose of the updates and whether any of the updates 
would be expected to impact the test burden or measured energy 
consumption under the DOE test procedures for vented and unvented 
heaters.
1. ANSI/ASHRAE 103
    DOE is aware that ANSI/ASHRAE 103-2007 has been superseded by ANSI/
ASHRAE 103-2017. DOE examined both versions of the ANSI/ASHRAE 103 
standard and found several changes to sections incorporated by 
reference within the vented heater test procedure. DOE understands many 
of the changes to be minor clarifications, such as adding metric units 
or changing the order of a sentence without affecting its intent. 
However, other changes could have a noticeable effect on the vented 
heater test procedure, if adopted by DOE. Specifically, in section 6.3, 
titled ``Pressure,'' the allowable error value for oil pressure 
measurement was removed, although the introductory text in the sections 
still states that it applies to oil. In section 6.8, titled ``Smoke,'' 
the referenced standard ASTM D2156-94 was updated to ASTM D2156-09, 
which is the standard that is currently incorporated by reference in 
the vented heater test procedure. In section 8.6, titled ``Jacket Loss 
Measurement,'' figures 12 and 13 were replaced by a set of equations. 
In section 9.10, titled

[[Page 6092]]

``Optional Test Procedures for Condensing Furnaces and Boilers That 
Have No Off-Period Flue Losses,'' the maximum post-purge period to use 
a value of 0.05 for DF and DP increased from less 
than 5 seconds to less than or equal to 30 seconds for units with no 
measurable airflow through the combustion chamber and heat exchanger.
    Issue B.2 DOE requests comment on whether removing the allowable 
error in the oil pressure measurement value from section 6.3 of the 
ANSI/ASHRAE 103-2017 standard was intentional. If so, DOE requests 
comment on what allowable error measurement should be used within the 
vented heater test procedure (Note: ANSI/ASHRAE 103-2007 stated 0.5 psi).
    Issue B.3 DOE requests comment on whether the replacement of 
figures 12 and 13 with a set of equations in section 8.6 of ANSI/ASHRAE 
103-2017 is appropriate for the vented heater test procedure.
    Issue B.4 DOE requests comment on whether the maximum post-purge 
time should be increased from less than 5 seconds to less than or equal 
to 30 seconds for vented heaters with no measurable airflow through the 
combustion chamber and heat exchanger.

2. ANSI Z21.86

    DOE is aware that ANSI Z21.86-2008 has been superseded by ANSI 
Z21.86-2016. DOE examined both versions of the ANSI Z21.86 standard and 
only found minor changes to sections incorporated by reference within 
the vented heater test procedure. Section 6 was moved to section 9, and 
section 8 was moved to section 11. The figures and tables referenced in 
these sections were moved from the ``Tables Referenced In Part 1, Part 
II and Exhibits'' and ``Figures Referenced In Part 1, Part II and 
Exhibits'' sections at the end of the standard to throughout the 
standard where they are first referenced. Accordingly, DOE expects that 
these changes would not substantively impact the test burden or 
measured energy consumption under the DOE test procedures.

C. Test Method for Unvented Heaters

    For electric heaters, section 2.1 of Appendix G specifies measuring 
and recording the maximum electrical power consumed when heating, in 
terms of kilowatts, and section 3.3 specifies calculating a rated 
output. For primary electric heaters only, section 3.1 of Appendix G 
specifies the calculation for the national average annual energy 
consumption based on the maximum electrical power, and section 3.2 
specifies a calculation for the annual energy consumption by geographic 
region. The calculation of national average annual energy consumption 
in section 3.1 of Appendix G is based on several assumptions, including 
the national average annual heating load hours of 2080, an adjustment 
factor of 0.77,\3\ and a typical oversizing factor for primary electric 
heaters of 1.2.\4\ The calculation of regional annual energy 
consumption in section 3.2 of Appendix G is based on the same 
assumptions as the national value, except that regional heating load 
hours are provided by a figure depicting geographic regions the United 
States and the associated heating load hours for each region.
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    \3\ The adjustment factor is a multiplier to adjust the heating 
load hours to the approximate burner operating hours actually 
experienced by the system.
    \4\ The oversizing factor accounts for space heating products 
generally being oversized when compared to the actual heating load.
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    Issue C.1 DOE requests comment on whether the assumptions for 
calculating the national and regional values of annual fuel energy 
consumption are still appropriate.
    For unvented natural gas, propane, and oil heaters, section 2.2 of 
Appendix G specifies measuring the maximum fuel input rate of the 
heater over the course of one hour. Section 2.1 of Appendix G requires 
the maximum auxiliary electrical power to be recorded for unvented gas 
and oil heaters that use auxiliary electrical energy. Section 3.4 of 
Appendix G provides calculations to determine the rated output for 
unvented gas and oil heaters based on the measurements of the hourly 
input rate and maximum electrical power. DOE notes that Appendix G 
currently does not specify calculating annual fuel energy consumption 
for unvented gas and oil heaters.
    Issue C.2 DOE requests comment on whether annual fuel energy 
consumption should be calculated for unvented natural gas, propane, and 
oil heaters. If annual fuel energy consumption should be calculated, 
DOE requests comment on what equations and assumptions should be used.
    For unvented heaters equipped with a pilot light and/or that use 
electrical energy, sections 2.3 and 2.4 of Appendix G specify measuring 
the fossil fuel input rate and/or standby electrical power, 
respectively. These values are not used in any calculations. If the 
pilot light is designed to be turned off by the user when not in use, 
and the heater has instructions for turning the unit off provided on a 
label on the heater near the gas control valve, then section 2.3.1 of 
Appendix G specifies that the measurement of pilot light energy 
consumption is not required. Similarly, if the heater is designed to be 
turned off when not in use, if turning the control to ``off'' will shut 
off the electrical supply, and if an instruction to turn off the unit 
is provided on a label on the heater, then section 2.4.1 of Appendix G 
specifies that the standby electrical power does not need to be 
measured.
    In the December 17, 2012 final rule, DOE determined not to include 
standby mode and off mode energy use in the annual energy consumption 
calculations for unvented heaters because a detailed annual energy 
consumption accounting was not deemed appropriate for this product type 
(i.e., there is no annual accounting at all for supplemental heaters 
and only a simplified assigned value for primary heaters). 77 FR 74559, 
74561. In the August 30, 2010 NOPR that preceded the December 17, 2012 
final rule, DOE explained that the integration of standby mode and off 
mode energy was not necessary or appropriate for the following reasons:

    1. The test procedure does not include energy efficiency or 
energy use metrics that would allow for the integration of standby 
mode and off mode energy use.
    2. Standby mode energy use (defined as energy use during the 
heating season when the heater is not on) is as effective in heating 
the space as active mode energy use.
    3. Off mode energy consumption (defined as non-heating-season 
energy consumption) could be considered ineffective energy use and, 
accordingly, could be minimized by prescribing a separate energy 
conservation standard. However, DOE lacked data on consumer use that 
would be needed to define a representative off mode for unvented 
heaters.\5\

    \5\ For example, DOE lacked information on the fraction of the 
year unvented heaters might be unplugged or otherwise disconnected 
from the energy source, and the extent to which pilot lights are 
turned off during the non-heating season.
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See 75 FR 52892, 52898-52899 (Aug. 30, 2010).
    Issue C.3 DOE requests comment on whether annual fuel energy 
consumption for unvented heaters should include standby mode and off 
mode energy use. DOE is also interested in detailed information on any 
additional test burden that would result from calculating annual fuel 
energy consumption with standby mode and off mode energy use and if so, 
the nature and extent of that burden.
    Issue C.4 DOE requests any information in relation to annual and/or 
regional heating season data, heating mode operating hours, standby 
mode hours, and off mode hours for unvented heaters.

[[Page 6093]]

D. Test Method for Vented Heaters

    For vented heaters, Appendix O specifies provisions for determining 
the product's AFUE, which is the efficiency descriptor established by 
EPCA for direct heating equipment. (42 U.S.C. 6291(22)(A))
    As discussed above, section 3.8 of Appendix O contains provisions 
for testing vented heaters that utilize condensing technology. 
Condensing technology is a design strategy that increases the 
efficiency of a heating appliance by extracting additional thermal 
energy from the flue gases.\6\ These provisions are essentially the 
same as those contained in ANSI/ASHRAE 103-2007 that are applicable to 
condensing furnaces and boilers. However, because of the numerous 
additions and modifications needed to apply the condensing technology 
provisions to vented heaters, DOE includes the condensing provisions in 
Appendix O, rather than incorporating by reference the relevant 
provisions of ANSI/ASHRAE 103-2007.
---------------------------------------------------------------------------

    \6\ In a condensing system, water vapor contained within the 
flue gas (as a byproduct of the combustion process) is condensed and 
drained out of the system. The process of condensing water vapor 
into liquid water releases latent heat, which is transferred to the 
air stream, thereby increasing the heating efficiency.
---------------------------------------------------------------------------

    Issue D.1 DOE requests comment and data on manufacturers' and test 
laboratories' experience with the condensing provisions in Appendix O. 
DOE requests detailed information regarding any test burden associated 
with conducting the condensing provisions, including the nature and 
extent of any such burden. DOE also requests comment on ways to 
potentially reduce any test burden of the provisions specific to 
condensing technology.
    DOE has identified several areas of the vented heater test 
procedure that may warrant further review to determine whether 
additional detail or specification may be needed to improve the 
readability and ease of implementation of the test procedure.
    In the definitions in section 1.0 of Appendix O, section 1.21 
defines ``manually controlled vented heaters'' as either gas or oil 
fueled vented heaters equipped without thermostats. DOE believes some 
vented heaters could potentially be designed to operate with timers or 
electronic controls without being equipped with thermostats, but that 
are not manually controlled. DOE questions whether ``manually 
controlled vented heaters'' should be defined to exclude those 
``without automatic means of control or operation,'' as opposed to only 
those ``without thermostats.''
    Issue D.2 DOE requests comment on whether the definition for 
``Manually controlled vented heater'' should be amended, and if so, 
how.
    Issue D.3 DOE also requests comment on whether the other 
definitions provided in section 1.0 of Appendix O are all still 
appropriate, or if other updates are needed.
    Within section 4.0 of Appendix O, titled ``Calculations,'' the 
balance point temperature (TC) can be determined either with 
an equation or using the values provided in Table 3 of Appendix O. DOE 
recognizes that a value of TC derived from the equation may 
not be the same as that obtained from Table 3.
    Similarly, values for the fraction of the heating load and average 
outdoor temperature at the reduced and maximum operating modes 
(variables X1, X2, TOA, and 
TOA*) are determined using either Table 3 or Figure 1 of 
Appendix O (which provides a graph showing TOA, and 
TOA* variables for any balance point temperature between 16 
[deg]F and 62 [deg]F), or Figure 2 of Appendix O (which provides a 
graph showing variables X1 and X2 for any balance 
point temperature between 0 [deg]F and 62 [deg]F). DOE recognizes that 
Table 3, Figure 1, and Figure 2 may yield different results because 
Table 3 provides discreet values for X1, X2, 
TOA, and TOA*, whereas Figure 1 and Figure 2 
provide continuous graphical curves for determining the relevant 
variables. DOE reviewed a limited amount of test data in an effort to 
estimate the impact of the different methods for determining the 
aforementioned variables on the measured AFUE value. DOE found that the 
different methods resulted in a difference on the order of hundredths 
of a percentage point of AFUE, which DOE would not expect to affect the 
measured AFUE in most cases when rounded to a whole number. However, 
DOE seeks to further understand this issue and whether there are any 
known or potential impacts from the difference in values.
    Issue D.4 DOE requests comment on whether the differences in the 
balance point temperature (TC) produced by the equation and 
as obtained from Table 3 can result in different results in the values 
for the fraction of the heating load (X1 and X2) 
and average outdoor temperature at the reduced and maximum operating 
modes (TOA and TOA*), and if so, the extent of 
any such difference.
    Issue D.5 DOE requests comment on whether any differences in the 
values of X1, X2, TOA, and 
TOA* within Table 3 and Figures 1 and 2 could produce 
different results, especially in AFUE, and if so, the extent of such 
differences. If any such difference in results would occur, DOE 
requests comment on whether any of these variables should be obtained 
using equations instead of Table 3 or Figures 1 and 2.
    In a notice of proposed rulemaking published October 24, 2013, DOE 
proposed an optional use of a default jacket loss value of 1 percent 
for vented floor furnaces, as an alternative to performing a jacket 
loss test. 78 FR 63410, 63415. In the January 6, 2015 final rule, DOE 
decided not to adopt the 1 percent default jacket loss value for vented 
floor furnaces after reviewing test data that revealed an average 
jacket loss of 3.05 percent. 80 FR 792, 794.
    Issue D.6 DOE requests comment and test data on whether a higher 
default jacket loss value should be considered for vented floor 
furnaces.
    DOE previously stated that DHE that can operate in manual or 
automatic modes should be tested in automatic mode. 80 FR 792, 795 
(Jan. 6, 2015).
    Issue D.7 DOE requests comment on whether DHE that have multiple 
automatic operation modes exist, and if so, whether further direction 
regarding the tested operating mode is necessary.
    Section 3.6.1 of Appendix O specifies that on units with no 
measurable airflow through the unit when not in heating mode (as 
determined by a smoke stick test defined in section 3.6.2 of Appendix 
O), both the off-cycle flue gas draft factor (DF) and the 
ratio of flue gas mass flow during the off-period to the flue gas mass 
flow during the on-period (DP) may be set equal to 0.05. DOE 
is considering whether to allow models using condensing or induced 
draft technology to automatically be considered to have no measurable 
airflow, and, thus, be able to use the defined value of 0.05 for 
DF and DP without performing the smoke stick 
test.
    Issue D.8 DOE requests comment on the extent to which vented 
heaters currently use the provisions in 3.6.1 and 3.6.2 of Appendix O, 
whether models with induced draft or condensing technology are always 
capable of meeting the conditions to use the default draft factor, and 
whether provisions should be added to the vented heater test procedure 
to allow condensing or induced draft DHE to be considered to have no 
measurable airflow and to use a constant value of 0.05 for 
DF and DP without confirmation testing.

E. Performance and Utility

    DHE provides space heating (warm air) directly to the consumer's 
living space without the use of duct

[[Page 6094]]

connections. Relevant to DHE may also be the ability to provide 
``quiet'' operation, non-heating air circulation, and space 
humidification, as well as the aesthetic appearance of the unit.
    Issue E.1 DOE requests comment whether the test procedures impact 
the availability of such features on DHE.

F. Other Test Procedure Topics

    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedures 
for DHE not already addressed by the specific areas identified in this 
document. DOE particularly seeks information that would improve the 
repeatability, reproducibility, and consumer representativeness of the 
test procedures. DOE also requests information that would help DOE 
create a procedure that would limit manufacturer test burden through 
streamlining or simplifying testing requirements. Comments regarding 
the repeatability and reproducibility are also welcome.
    DOE also requests feedback on any potential amendments to the 
existing test procedure(s) that could be considered to address impacts 
on manufacturers, including small businesses. Regarding the Federal 
test method, DOE seeks comment on the degree to which the DOE test 
procedure should consider and be harmonized with the most recent 
relevant industry standards for DHE and whether any changes to the 
Federal test method would provide additional benefits to the public. 
DOE also requests comment on the benefits and burdens of adopting any 
industry/voluntary consensus-based or other appropriate test procedure, 
without modification.
    Additionally, DOE requests comment on whether the existing test 
procedures limit a manufacturer's ability to provide additional 
features to consumers of DHE. DOE particularly seeks information on how 
the test procedures could be amended to reduce the cost of new or 
additional features and make it more likely that such features are 
included on DHE.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by April 
12, 2019, comments and information on matters addressed in this notice 
and on other matters relevant to DOE's consideration of amended test 
procedures for DHE. These comments and information will aid in the 
development of a test procedure NOPR for DHE if DOE determines that 
amended test procedures may be appropriate for these products.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through http://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or postal mail. 
Comments and documents submitted via email, hand delivery, or postal 
mail also will be posted to http://www.regulations.gov. If you do not 
want your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information in a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. The cover letter will not be publicly viewable as long as it 
does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery, please provide all items on a CD, if feasible. It is 
not necessary to submit printed copies. No telefacsimiles (faxes) will 
be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English, and free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked ``confidential'' including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
item; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would

[[Page 6095]]

result from public disclosure; (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].

    Signed in Washington, DC, on February 13, 2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

[FR Doc. 2019-03269 Filed 2-25-19; 8:45 am]
 BILLING CODE 6450-01-P