[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Proposed Rules]
[Pages 29352-29358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09416]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2019-BT-TP-0037]
RIN 1904-AE83


Energy Conservation Program: Test Procedure for Consumer Boilers

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 consumer boilers. 
Specifically, DOE seeks data and information pertinent to whether 
amended test procedures would more accurately or fully comply with the 
requirement that the test procedure produces results that measure 
energy use during a representative average use cycle for the product, 
and not be unduly burdensome to conduct. DOE welcomes written comments 
from the public on any subject within the scope of this document 
(including topics not raised in this RFI), as well as the submission of 
data and other relevant information.

DATES: Written comments and information are requested and will be 
accepted on or before June 15, 2020.

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-0037 and/or RIN 1904-AE83, 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-0037 and/or RIN 1904-AE83 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, 
1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: 
(202) 287-1445. 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-TP-0037. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section III for information on how to submit 
comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine Rivest, 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) 586-7335. 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) 287-1445 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
    B. Test Procedure
    1. Updates to Industry Standards
    2. Ambient Conditions
    3. Combustion Airflow Adjustment
    4. Calculation of Steady-state Heat Loss for Condensing, 
Modulating Units
    5. Provisions for Testing Step Modulating Boilers
    C. Other Test Procedure Topics
III. Submission of Comments

I. Introduction

    Consumer boilers are 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)(5) \1\ DOE's test 
procedures for consumer boilers are prescribed at Title 10 of the Code 
of Federal Regulations (CFR) part 430, subpart B, appendix N, Uniform 
Test Method for Measuring the Energy Consumption of Furnaces and 
Boilers (Appendix N). The following sections discuss DOE's authority to 
establish and amend test procedures for consumer boilers, as well as 
relevant background information regarding DOE's consideration of test 
procedures for this product.
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    \1\ Pursuant to 42 U.S.C. 6292(a)(5), ``furnaces'' are covered 
products, and the term ``furnace'' is defined in 42 U.S.C. 6291(23) 
to include electric boilers and low pressure steam or hot water 
boilers.
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A. Authority and Background

    The Energy Policy and Conservation Act, as amended (EPCA), \2\ 
among other things, authorizes DOE to regulate the energy efficiency of 
a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part B \3\ of EPCA, Public Law 94-163 (42 
U.S.C. 6291-6309, as codified) 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 consumer boilers, which are the subject of this RFI. 
(42 U.S.C. 6292(a)(5))
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    \2\ 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).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    The energy conservation program under EPCA consists essentially of 
four

[[Page 29353]]

parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), 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 in 
limited circumstances 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, the statute 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 must be reasonably designed to produce 
test results which measure energy efficiency, energy use, or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and 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 in the Federal Register and offer 
the public an opportunity to present oral and written comments on them. 
(42 U.S.C. 6293(b)(2))
    EPCA also 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.)
    In addition, the Energy Independence and Security Act of 2007 (EISA 
2007), Public Law 110-140, amended EPCA to require that, at least once 
every 7 years, DOE evaluate test procedures for each type of covered 
product, including the consumer boilers that are the subject of this 
RFI, 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 but 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. DOE is publishing this RFI to collect data and information 
to inform its decision in satisfaction of the 7-year-lookback review 
requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Rulemaking History

    As stated, the existing DOE test procedure for consumer boilers is 
located at 10 CFR part 430, subpart B, appendix N and is used to 
determine the annual fuel utilization efficiency (AFUE). For gas-fired 
and oil-fired boilers, AFUE accounts for fossil fuel consumption in 
active, standby, and off modes, but does not include electrical energy 
consumption. For electric boilers AFUE accounts for electrical energy 
consumption in active mode. Appendix N also includes provisions to 
determine the electrical energy consumption in standby mode 
(PW,SB) and off mode (PW,OFF) for gas-fired, oil-
fired, and electric boilers.
    DOE first established test procedures for consumer boilers in a 
final rule published in the Federal Register on May 10, 1978. 43 FR 
20147. In a final rule published in the Federal Register on March 28, 
1984, DOE incorporated by reference in the DOE test procedure for 
furnaces and boilers, American National Standards Institute/American 
Society of Heating, Refrigerating, and Air-Conditioning Engineers 
(ANSI/ASHRAE) Standard 103-82, ``Methods of Testing for Heating 
Seasonal Efficiency of Central Furnaces and Boilers'' (ASHRAE 103-82). 
49 FR 12148, 12149. DOE subsequently amended the test procedure for 
consumer boilers on a number of occasions, including an amendment to 
update the ASHRAE 103 reference. 62 FR 26140, 26157 (May 12, 1997) 
(incorporating by reference the 1993 version of ASHARE 103, ``Method of 
Testing for Annual Fuel Utilization Efficiency of Residential Central 
Furnaces and Boilers'' (``ASHRAE 103-1993'')).\4\
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    \4\ On October 14, 1997, DOE published an interim final rule to 
revise a provision concerning the insulation of the flue collector 
box in order to ensure the updated test procedure would not affect 
the measured AFUE of existing furnaces and boilers. 62 FR 53508. 
This interim final rule was subsequently adopted without change. 63 
FR 9390 (Feb. 24, 1998).
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    On October 20, 2010, DOE published a final rule in the Federal 
Register to amend its test procedure for consumer boilers to establish 
a method for measuring the electrical energy use in standby mode and 
off mode for gas-fired and oil-fired boilers in satisfaction of 42 
U.S.C. 6295(gg)(2)(A). 75 FR 64621. The standby mode and off mode test 
procedure amendments incorporated by reference, and were based 
primarily on, provisions of the International Electrotechnical 
Commission (IEC) Standard 62301 (First Edition), ``Household electrical 
appliances--Measurement of standby power.'' Id. On December 31, 2012, 
DOE published a final rule in the Federal Register that updated the 
incorporation by reference of the standby mode and off mode test 
procedure provisions to refer to the second (latest) edition of IEC 
Standard 62301 (IEC 62301 (Second Edition)). 77 FR 76831. On July 10, 
2013, DOE

[[Page 29354]]

published a final rule in the Federal Register that amended its test 
procedure for consumer boilers by adopting equations that provide 
manufacturers the option to omit the heat-up and cool-down tests and 
still generate a valid AFUE measurement. 78 FR 41265.\5\
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    \5\ On August 30, 2013, DOE published a correction to the July 
10, 2013 final rule in the Federal Register which rectified errors 
in the redesignations of affected subsections within section 10 of 
appendix N. 78 FR 53625.
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    DOE most recently updated its test procedure for consumer boilers 
in a final rule published in the Federal Register on January 15, 2016 
(January 2016 final rule). 81 FR 2628. The January 2016 final rule 
amended the existing DOE test procedure for consumer boilers to improve 
the consistency and accuracy of test results generated using the DOE 
test procedure and to reduce test burden. In particular, the 
modifications relevant to consumer boilers included: (1) Clarifying the 
definition of the electrical power term, ``PE''; (2) adopting a smoke 
stick test for determining whether minimum default draft factors can be 
applied; (3) allowing for optional measurement of condensate during 
establishment of steady-state conditions; (4) updating references to 
the applicable installation and operation (I&O) manual and providing 
clarifications for when the I&O manual does not specify test set-up; 
and (5) revising the AFUE reporting precision. DOE also revised the 
definitions of several terms in the test procedure and added an 
enforcement provision to provide a method of test for DOE to determine 
compliance with the automatic means design requirement mandated by EISA 
2007. 81 FR 2628, 2629-2630.

II. Request for Information

    As an initial matter, DOE seeks comment on whether there have been 
changes in product testing methodology or new products on the market 
since the last test procedure update that may necessitate amendments to 
the test procedure for consumer boilers. Specifically, DOE seeks data 
and information that could enable the agency to propose that the 
current test procedure produces results that are representative of an 
average use cycle for the product and is not unduly burdensome to 
conduct, and, therefore, does not need amendment. DOE also seeks 
information on whether an existing private sector-developed test 
procedure would produce such results and should be adopted by DOE, 
either entirely or by adopting only certain provisions of one or more 
private sector-developed tests.
    In the following sections, DOE has also identified a variety of 
issues on which it seeks input to aid in the development of technical 
and economic analyses regarding whether amended test procedures for 
consumer boilers would be warranted. More specifically, DOE seeks to 
determine whether amended test procedures for consumer boilers would 
more accurately or fully comply with the requirements in EPCA that test 
procedures: (1) Be reasonably designed to produce test results which 
reflect energy efficiency, energy use, or estimated annual operating 
cost during a representative average use cycle or period of use, and 
(2) not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    Further, the Department recently published an RFI regarding test 
procedures across the full range of consumer products and commercial 
equipment that fall under its regulatory authority pursuant to EPCA. In 
that RFI, DOE noted that over time, many of DOE's test procedures have 
been amended to account for products' and equipment's increased 
functionality and modes of operation. DOE's intent in issuing that RFI 
was to gather information to ensure that the inclusion of measurement 
provisions in its test procedures associated with such increased 
functionality has not inadvertently compromised the measurement of 
representative average use cycles or periods of use, and/or made some 
test procedures unnecessarily burdensome. 84 FR 9721 (March 18, 2019). 
DOE seeks comment on this issue as it specifically pertains to the test 
procedure for the consumer boilers that are the subject of this current 
RFI. DOE is also requesting comment on any opportunities to streamline 
and simplify testing requirements for consumer boilers.
    Additionally, DOE welcomes comments on other issues relevant to the 
conduct of this process that may not be specifically identified 
elsewhere in this document. In particular, DOE notes that under section 
1 of 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). Consistent with that Executive Order, DOE encourages the public 
to provide input on measures DOE could take to lower the cost of its 
test procedure regulations applicable to consumer boilers consistent 
with the requirements of EPCA.

A. Scope and Definitions

    In the context of ``covered products,'' EPCA includes boilers in 
the definition of ``furnace.'' (42 U.S.C. 6291(23)) EPCA defines the 
term ``furnace'' to mean a product which utilizes only single-phase 
electric current, or single-phase electric current or DC current in 
conjunction with natural gas, propane, or home heating oil, and which: 
(1) Is designed to be the principal heating source for the living space 
of a residence; (2) is not contained within the same cabinet with a 
central air conditioner whose rated cooling capacity is above 65,000 
Btu per hour; (3) is an electric central furnace, electric boiler, 
forced-air central furnace, gravity central furnace, or low pressure 
steam or hot water boiler; and (4) has a heat input rate of less than 
300,000 Btu per hour for electric boilers and low pressure steam or hot 
water boilers and less than 225,000 Btu per hour for forced-air central 
furnaces, gravity central furnaces, and electric central furnaces. 
(Id.) DOE has codified this definition in its regulations at 10 CFR 
430.2.
    The scope of the test procedure for consumer boilers is specified 
in section 1.0 of appendix N, which references section 2 of ASHRAE 103-
1993. In relevant part, section 2 of ASHRAE 103-1993 states that the 
standard applies to boilers with inputs less than 300,000 Btu/h \6\; 
having gas, oil, or electric input; and intended for use in residential 
applications. Further, ASHRAE 103-1993 applies to equipment that 
utilizes single-phase electric current or low-voltage DC current.
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    \6\ Btu/h refers to British thermal units per hour.
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    Issue 1: DOE requests comment on whether any consumer boilers are 
available on the market that are covered by the scope provision of 
ASHRAE 103-1993 but that are not covered by the definition of 
``furnace'' as codified by DOE at 10 CFR 430.2. Likewise, DOE requests 
comment on whether any consumer boilers on the market are covered by 
DOE's definition of ``furnace'' that are not covered by the scope 
provision of ASHRAE 103-1993.
    DOE has defined several types of consumer boilers, including 
``electric boilers,'' ``low pressure steam or hot water boilers,'' 
``outdoor boilers,'' and ``weatherized warm air boilers.'' These terms 
are defined at 10 CFR 430.2 as follows:

    1. Electric boiler means an electrically powered furnace 
designed to supply low pressure steam or hot water for space heating 
application. A low-pressure steam boiler operates at or below 15 
pounds per square

[[Page 29355]]

inch gauge (psig) steam pressure; a hot water boiler operates at or 
below 160 psig water pressure and 250 [deg]F water temperature.
    2. Low pressure steam or hot water boiler means an electric, 
gas, or oil-burning furnace designed to supply low pressure steam or 
hot water for space heating application. A low pressure steam boiler 
operates at or below 15 pounds psig steam pressure; a hot water 
boiler operates at or below 160 psig water pressure and 250 [deg]F 
water temperature.
    3. Outdoor furnace or boiler is a furnace or boiler normally 
intended for installation out-of-doors or in an unheated space (such 
as an attic or a crawl space).
    4. Weatherized warm air furnace or boiler means a furnace or 
boiler designed for installation outdoors, approved for resistance 
to wind, rain, and snow, and supplied with its own venting system.
    Issue 2: DOE requests comment on the definitions currently 
applicable to consumer boilers and whether any of these definitions 
need to be revised, and if so, how. Please provide justification for 
why any suggested change is necessary.
    In addition to the definitions included in 10 CFR 430.2, section 
2.0 of Appendix N incorporates by reference the definitions in section 
3 of ASHRAE 103-1993, with modifications and additions as specified in 
that section of Appendix N. Sections 2.1 through 2.13 of Appendix N 
provide additional definitions relevant to the consumer boilers test 
procedure.
    Issue 3: DOE seeks comment on whether the definitions for consumer 
boilers in section 2.0 through section 2.13 of Appendix N, including 
those from ASHRAE 103-1993 that are incorporated by reference, are 
still appropriate. If any of the definitions are no longer appropriate, 
DOE seeks input on how they should be amended and why.

B. Test Procedure

    Appendix N includes provisions for scope (section 1.0, as discussed 
in section II.A of this document), definitions (section 2.0, as 
discussed in section II.A of this document), classifications (section 
3.0), requirements (section 4.0), instrumentation (section 5.0), 
apparatus (section 6.0), testing conditions (section 7.0), test 
procedure (section 8.0), nomenclature (section 9.0), and calculations 
(section 10.0).
    Each of the sections in Appendix N references a corresponding 
section in ASHRAE 103-1993. Many of the sections in Appendix N also 
include additions and/or modifications to the ASHRAE 103-1993 test 
method to provide additional specifications and make changes that DOE 
had previously determined to be otherwise necessary for the Federal 
test procedure, such as specifying procedures for measuring standby 
mode and off mode electrical consumption.
1. Updates to Industry Standards
    As discussed, ASHRAE 103-1993 is referenced throughout Appendix N 
for various testing requirements pertaining to determination of the 
AFUE of consumer boilers. Appendix N also references certain sections 
of IEC 62301 (Second Edition), related to determining the electrical 
standby mode and off mode energy consumption, and American Society for 
Testing and Materials (ASTM) Standard D2156-09 (Reapproved 2013), 
``Standard Test Method for Smoke Density in Flue Gases from Burning 
Distillate Fuels'' (ASTM D2156-09) for adjusting oil burners.
    The following explains the developments to these industry test 
standards since their incorporation by reference in the DOE consumer 
boilers test procedure. IEC 62301 (Second Edition), which is currently 
incorporated by reference, is still the most recent version. ASTM 
D2156-09 was reapproved in 2018, and, therefore, the most up-to-date 
version of the standard is ASTM D2156-09 (Reapproved 2018). The 2018 
reapproved version does not contain any changes from ASTM D2156-09. 
ASHRAE 103 has been updated twice since the version presently 
incorporated by reference (ASHRAE 103-1993) was adopted. Specifically, 
updated versions of the standard were published in 2007 (ASHRAE 103-
2007) and 2017 (ASHRAE 103-2017) and included substantive changes. 
DOE's initial review of the differences between these versions of 
ASHRAE 103 are discussed in detail in the following paragraphs.
    ASHRAE 103 provides procedures for determining the AFUE of consumer 
boilers (and furnaces). As mentioned previously, ASHRAE 103-1993 has 
been updated multiple times since 1993. In the rulemaking that 
culminated in the January 2016 final rule, DOE initially proposed to 
incorporate by reference the most recent version of ASHRAE 103 
available at the time (i.e., ASHRAE 103-2007), but ultimately declined 
to adopt the proposal in the final rule based on concerns about the 
impact that changing to ASHRAE 103-2007 would have on AFUE ratings of 
products distributed in commerce at that time. 81 FR 2628, 2632-2633 
(Jan. 15, 2016). DOE stated that further evaluation was needed to 
determine the potential impacts of ASHRAE 103-2007 on the measured AFUE 
of boilers. Id. DOE theorized that ASHRAE 103-2007 might better account 
for the operation of two-stage and modulating products, and stated that 
the Department may further investigate adopting it or a successor test 
procedure in the future. Id.
    After the January 2016 final rule, ASHRAE 103 was once again 
updated to the current version (i.e., ASHRAE 103-2017). DOE has 
identified the following substantive differences between ASHRAE 103-
1993 and ASHRAE 103-2017 that pertain to consumer boilers:

    1. ASHRAE 103-2017 includes calculations for determining the 
average on-time and off-time per cycle for two-stage and modulating 
boilers, rather than assigning fixed values as in ASHRAE 103-1993;
    2. ASHRAE 103-2017 includes calculations for the part-load 
efficiency at maximum and reduced fuel input rates of condensing 
two-stage and modulating boilers when the heat up and cool down 
tests are omitted as per section 9.10, while ASHRAE 103-1993 does 
not include these calculations; \7\
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    \7\ DOE published a final rule in the Federal Register on July 
10, 2013 that added equations to Appendix N to calculate the part-
load efficiencies at the maximum input rate and reduced input rates 
for two-stage and modulating condensing furnaces and boilers when 
the manufacturer chooses to omit the heat-up and cool-down tests 
under the test procedure. 78 FR 41265. The equations in ASHRAE 103-
2017 are identical to those in Appendix N.
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    3. ASHRAE 103-2017 increases post-purge time from less than 5 
seconds in ASHRAE 103-1993 to less than or equal to 30 seconds for 
determining whether section 9.10, ``Optional Test Procedures for 
Conducting Furnaces and Boilers that have no OFF-Period Flue Loss,'' 
is applicable for units with no measurable airflow through the 
combustion chamber during the burner off-period, and it also makes 
the application of the default draft factor values in section 9.10 a 
requirement rather than optional;
    4. ASHRAE 103-2017 changes the method for determining national 
average burner operating hours (BOH), average annual fuel energy 
consumption (EF), and average annual auxiliary electrical 
energy consumption (EAE), especially for two-stage and 
modulating products, based on a 2002 study from NIST.

    Issue 4: DOE requests comment on the differences between ASHRAE 
103-1993 and ASHRAE 103-2017. In particular, DOE seeks information on 
whether any differences not identified by DOE above would impact the 
consumer boiler test procedure.
    Issue 5: DOE requests information on whether the differences 
identified above would impact the measured AFUE, and if so, DOE 
requests test data demonstrating the degree of such impact.
    Issue 6: DOE is also interested on receiving comment on whether the 
updates to ASHRAE 103 are appropriate for adoption in the Federal test 
procedure for consumer boilers, whether the changes allow for more

[[Page 29356]]

representative energy efficiency ratings, and whether the changes would 
increase test burden.
2. Ambient Conditions
    The consumer boilers test procedure specifies that the ambient air 
temperature during testing must be between 65 [deg]F and 100 [deg]F for 
non-condensing boilers, and 65 [deg]F and 85 [deg]F for condensing 
boilers. Section 7.0 of Appendix N and 8.5.2 of ASHRAE 103-1993. In 
addition, the relative humidity cannot exceed 80 percent during 
condensate measurement. Section 8.0 of Appendix N and 9.2 of ASHRAE 
103-1993. In the January 2016 final rule, DOE addressed concerns 
regarding the ambient air temperature and humidity ranges allowed by 
the test method. 81 FR 2628, 2638 (Jan. 15, 2016). In particular, some 
commenters raised concerns that the wide range of allowable ambient 
conditions could impact test results, and that the ranges were 
initially developed based on laboratory conditions that are now 
outdated, such that more closely controlled conditions may now be 
achievable. Id. In the January 2016 final rule, DOE stated that the 
impact of ambient conditions on AFUE values warranted further study, 
but that DOE did not have adequate data to justify changing the test 
procedure to narrow the ambient temperature or humidity ranges. Id.
    Issue 7: DOE is requesting comment and data on the effects of 
ambient temperature and relative humidity on AFUE results. DOE is 
particularly interested in whether the current ranges of allowable 
conditions adversely impact the representativeness of AFUE values or 
repeatability of AFUE testing, and whether a narrower range of 
allowable ambient conditions would increase testing burden, and if so, 
what that range should be.
3. Combustion Airflow Adjustment
    In the course of the rulemaking for the January 2016 final rule, 
DOE proposed specifying that the excess air ratio, flue oxygen 
(O2) percentage, or flue carbon dioxide (CO2) 
percentage be within the middle 30th percentile of the acceptable range 
specified in the I&O manual. In absence of a specified range in the I&O 
manual, DOE proposed requiring the combustion airflow to be adjusted to 
provide between 6.9 percent and 7.1 percent dry flue gas O2, 
or the lowest dry flue gas O2 percentage that produces a 
stable flame, no carbon deposits, and an air-free flue gas CO ratio 
below 400 parts per million during the steady-state test described in 
section 9.1 of ASHRAE 103-2007, whichever is higher. 81 FR 2628, 2635-
2636 (Jan. 15, 2016); see also 80 FR 12876, 12883, 12906 (March 11, 
2015). DOE considered whether such a change could improve consistency 
in burner airflow settings during testing. However, after considering 
comments on this proposal, DOE determined that further study was needed 
to determine how such a change would impact AFUE ratings. 81 FR 2628, 
2636 (Jan. 15, 2016).
    Issue 8: DOE is requesting comment on whether more specific 
instructions for setting the excess air ratio, flue O2 
percentage, and/or flue CO2 percentage should be provided in 
the consumer boilers test procedure, and if so, what those instructions 
should entail. DOE is particularly interested in understanding whether 
such a change would improve the representativeness of the test method, 
and whether it would impact test burden.
4. Calculation of Steady-state Heat Loss for Condensing, Modulating 
Units
    A determination of AFUE for condensing, modulating boilers using 
ASHRAE 103-1993 relies on a series of intermediate values and 
equations. One intermediate value is the steady-state heat loss due to 
condensate (LC,SS). For condensing, modulating units, 
section 11.5.7.2 of ASHRAE 103-1993 provides instruction for 
calculating LC,SS for both the maximum and reduced fuel 
input rates. To determine LC,SS at the maximum and reduced 
fuel input rates, a number of other values must first be calculated, 
including the steady-state efficiency at maximum fuel input rate 
(EffySS), and the steady-state efficiency at reduced fuel 
input rate (EffySS,R).\8\ In following the progression of 
equations to calculate LC,SS, ASHRAE 103-1993 directs 
EffySS and EffySS,R to be calculated according to 
section 11.4.7 of that document, which in turn references the equation 
at section 11.2.7 of that document. Section 11.2.7 of ASHRAE 103-1993 
provides the calculation of EffySS for non-condensing, non-
modulating boilers. (Section 11.2, ``Heating Seasonal Efficiency, 
Steady-State Efficiency, and AFUE for Noncondensing and Non-modulating 
Gas or Oil Furnaces and Boilers,'' of ASHRAE 103-1993 provides 
direction for non-condensing, non-modulating boilers.) As a result, 
AFUE for condensing, modulating boilers is based on calculations that 
rely on a LC,SS value that is based on steady-state 
efficiency values calculated for non-condensing, non-modulating 
boilers. ASHRAE 103-2017 presents a similar issue.
---------------------------------------------------------------------------

    \8\ Specifically, section 11.5.7.2 of ASHRAE 103-1993 provides 
instruction to calculate LC,SS as defined in section 
11.3.7.2 of ASHRAE 103-1993, for both the maximum and reduced input 
rates, using the average outdoor air temperature at maximum and 
reduced input rates (``TOA,H'' and ``TOA,R,'' 
respectively). TOA,H and TOA,R are determined 
according to section 11.4.8.4 of ASHRAE 103-1993 and are based on 
the balance point temperature (TC). TC is 
determined using an equation in section 11.4.8.5 of ASHRAE 103-1993, 
and is in part based on the heating capacity at maximum fuel input 
rate (QOUT) and the heating capacity at reduced fuel 
input rate (QOUT,R). QOUT and 
QOUT,R are determined according to sections 11.4.8.1.1 
and 11.4.8.1.2 of ASHRAE 103-1993 and are based in part on the 
EffySS and EffySS,R, respectively.
---------------------------------------------------------------------------

    DOE notes that ASHRAE 103-1993 provides an equation for calculating 
the EffySS of condensing boilers in section 11.3.7.3 of that 
document, which relies, in part, on the value of LC,SS. As 
noted, calculating LC,SS at maximum and reduced input rates 
requires values for the EffySS at maximum and reduced input 
rates, which if applying the equation in section 11.3.7.3 of ASHRAE 
103-1993, ultimately depend upon the values of LC,SS at 
maximum and reduced input rates. As such, a circular reference would 
result from application of section 11.3.7.3 (calculation of 
EffySS of condensing boilers) as opposed to application of 
section 11.2.7 (calculation of EffySS of non-condensing 
boilers), as explicitly provided in ASHRAE 103-1993.\9\
---------------------------------------------------------------------------

    \9\ Section 11.5.7.2 of ASHRAE 103-1993 provides instruction for 
calculating LC,SS at the maximum and reduced input rate 
(LC,SS,H and LC,SS,R) using the average 
outdoor air temperature at maximum input (TOA,H) and 
average outdoor air temperature at reduced input (TOA,R), 
respectively. TOA,H and TOA,R are calculated 
using section 11.4.8.4 of ASHRAE 103-1993 and are dependent on 
TC as calculated in section 11.4.8.5 of ASHRAE 103-1993. 
TC is based in part on QOUT and 
QOUT,R as determined in sections 11.4.8.1.1 and 
11.4.8.1.2 of ASHRAE 103-1993. QOUT and QOUT,R 
are based in part on the values for EffySS and 
EffySS,R. To calculate EffySS and 
EffySS,R according to section 11.3.7.3 of ASHRAE 103-
1993, which pertains to the steady-state efficiency for condensing 
boilers, values for LC,SS,H and LC,SS,R are 
required.
---------------------------------------------------------------------------

    Industry developed a computer program to calculate AFUE based on 
ASHRAE 103-1993--``AFUE v1.2'' (last updated April 2004).\10\ When 
calculating LC,SS for condensing boilers, the computer 
program uses an approach similar to one discussed in the prior 
paragraph, in which section 11.3.7.3 of ASHRAE 103-1993 is used for 
calculating EffySS. To address the circular reference that 
would result from applying section 11.3.7.3 of ASHRAE 103-1993, AFUE 
v1.2 appears to apply an iterative process that uses initial reference 
values to determine the values of TOA,H and TOA,R 
used in the

[[Page 29357]]

calculation of LC,SS.\11\ Use of AFUE v1.2 may produce a 
different AFUE measurement than use of the test procedure as explicitly 
provided in ASHRAE 103-1993 (i.e., relying on a LC,SS value 
that is based on steady-state efficiency values calculated for non-
condensing, non-modulating boilers). However, a cursory comparison 
between the AFUE v1.2 methodology and the wording of ASHRAE 103-1993 as 
explicitly provided suggests that the variation in final AFUE 
measurements would be so small as to not affect the rounded AFUE value.
---------------------------------------------------------------------------

    \10\ The computer program was initially developed by the Gas 
Appliance Manufacturers Association (GAMA). In 2008, GAMA merged 
with the Air-conditioning and Refrigeration Institute (ARI) to form 
what is now the Air-conditioning, Heating, and Refrigeration 
Institute (AHRI).
    \11\ The iterative calculation process starts with reference 
values for the outdoor average air temperatures at TOA,H 
and TOA,R. The program proceeds to calculate all of the 
other variables in the circular reference based on the reference 
values until arriving at new values for TOA,H and 
TOA,R. The newly calculated values for TOA,H 
and TOA,R are compared to the initial reference values, 
and if they are not within 1 degree of the reference values, the 
calculations in the circular reference are repeated using the new 
values for TOA,H and TOA,R as the new 
reference values. The calculation cycle repeats until the reference 
values are within 1 degree of the calculated values, at which time 
the iterations stop and the values for TOA,H and 
TOA,R from the last round of calculations are used.
---------------------------------------------------------------------------

    Issue 9: DOE requests comment on the direction in ASHRAE 103-1993 
to rely on certain values calculated for non-condensing, non-modulating 
boilers to determine the AFUE of condensing, modulating boilers. DOE 
requests comment and information on whether the calculations should be 
modified to provide results that are more representative of the average 
use of condensing, modulating boilers, and if so, how the calculations 
should be modified.
5. Provisions for Testing Step Modulating Boilers
    Appendix N includes a number of specific provisions for consumer 
boilers with step modulating controls. For example, the steady-state 
test is conducted at both the maximum and reduced inputs (referencing 
section 9.1 of ASRHAE 103-1993); the cool-down test is conducted after 
steady-state conditions have been reached at the reduced input rate 
(referencing section 9.5.2.4 of ASRHAE 103-1993), and the heat-up test 
is conducted at the reduced fuel input rate (referencing section 
9.6.2.1 of ASRHAE 103-1993). In addition, both the optional tracer gas 
test and the measurement of condensate under cyclic conditions, when 
conducted, are performed at the reduced input (referencing sections 
9.7.5 and 9.8 of ASHRAE 103-1993, respectively). Measurements taken 
during the testing at maximum and/or reduced inputs (as applicable) for 
each of the tests are used in the calculation of AFUE. ASHRAE 103-2017 
contains similar provisions for modulating boilers as ASHRAE 103-1993, 
except that (as noted in section II.B.1 of this RFI) calculations are 
used to determine the average on-time and off-time per cycle, rather 
than assigning fixed values as is done in ASHRAE 103-1993.
    Issue 10: DOE requests comment on whether the existing provisions 
for testing step modulating boilers appropriately reflect the 
performance of step modulating boilers. If not, DOE seeks specific 
recommendations on the changes that would be necessary to make the test 
procedure more representative for such products.
C. 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 consumer boilers. As noted, DOE recently issued an RFI regarding 
covered products and equipment generally, to seek more information on 
whether its test procedures are reasonably designed, as required by 
EPCA, to produce results that measure the energy use or efficiency of a 
product during a representative average use cycle or period of use. 84 
FR 9721 (March 18, 2019). DOE seeks comment on this issue as it 
specifically pertains to the test procedure for the consumer boilers 
that are the subject of this current RFI.
    As noted previously, DOE also requests comments on whether 
potential amendments based on the issues discussed would result in a 
test procedure that is unduly burdensome to conduct, particularly in 
light of any new products on the market since the last test procedure 
update. If commenters believe that any such potential amendments, if 
adopted, would result in a procedure that is, in fact, unduly 
burdensome to conduct, DOE seeks information on whether an existing 
private sector-developed test procedure would be more appropriate or 
other avenues for reducing the identified burdens while advancing 
improvements to the consumer boilers test procedure. DOE also requests 
comment on the benefits and burdens of adopting any industry/voluntary 
consensus-based or other appropriate test procedure, without 
modification. As discussed in section II.B.1 of this RFI, ASHRAE 103-
2017 includes procedures for determining the annual fuel utilization 
efficiency of residential central boilers; however, it does not include 
procedures for calculating the electrical standby mode and off mode 
energy consumption.
    Additionally, DOE requests comment on whether the existing test 
procedures limit a manufacturer's ability to provide additional 
features to purchasers of consumer boilers. 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 consumer boilers, while still meeting the 
requirements of EPCA.
    DOE also requests comments on any potential amendments to the 
existing test procedures that would address impacts on manufacturers, 
including small businesses.
    Finally, DOE recently published an RFI on the emerging smart 
technology appliance and equipment market. 83 FR 46886 (Sept. 17, 
2018). In that RFI, DOE sought information to better understand market 
trends and issues in the emerging market for appliances and commercial 
equipment that incorporate smart technology. DOE's intent in issuing 
the RFI was to ensure that DOE did not inadvertently impede such 
innovation in fulfilling its statutory obligations in setting 
efficiency standards for covered products and equipment. DOE seeks 
comments, data, and information on the issues presented in the emerging 
smart technology RFI as they may be applicable to the consumer boilers 
that are the subject of this RFI.
III. Submission of Comments
    DOE invites all interested parties to submit in writing by June 15, 
2020, comments and information on matters addressed in this document 
and on other matters relevant to DOE's consideration of amended test 
procedures for consumer boilers. These comments and information will 
aid in the development of a test procedure NOPR for consumer boilers, 
if DOE determines that amended test procedures may be appropriate for 
these products. After the close of the comment period, DOE will review 
the public comments received and may begin collecting data and 
conducting analyses as appropriate.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires 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

[[Page 29358]]

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/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, 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/courier, please provide all items on a CD, if 
feasible, in which case 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/courier 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.
    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].
Signing Authority
    This document of the Department of Energy was signed on February 
25, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on April 29, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-09416 Filed 5-14-20; 8:45 am]
 BILLING CODE 6450-01-P