[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Proposed Rules]
[Pages 20053-20075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07137]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2019-BT-TP-0003]
RIN 1904-AE30


Energy Conservation Program: Test Procedure for Direct Heating 
Equipment

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

ACTION: Notice of proposed rulemaking and request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) proposes to amend the test 
procedure for direct heating equipment (DHE) to incorporate by 
reference the most recent versions of the industry consensus test 
standards currently referenced in the Federal test procedure. DOE also 
proposes to update definitions regarding unvented heaters, account for 
multiple operational modes, specify the allowable measurement error for 
oil pressure, specify the use of manufacturer values for gas supply 
pressure in certain circumstances, reduce the number of thermocouples 
required in the thermocouple grid for models with small flues, and 
clarify instructions for calculations regarding condensate mass 
measurements. DOE welcomes written comment from the public on any 
subject within the scope of this document (including topics not raised 
in this proposal), as well as submission of data and other relevant 
information.

DATES: Comments: DOE will accept comments, data, and information 
regarding this notice of proposed rulemaking (NOPR) on or before June 
30, 2021. See section V, ``Public Participation,'' for details.
    Meeting: DOE will hold a webinar on Friday, June 4th, 2021 from 
9:00 a.m. to 4:00 p.m. See section V, ``Public Participation,'' for 
webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants.

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 by email to the following address: 
[email protected]. Include and docket number EERE-2019-BT-TP-
0003 and/or RIN number 1904-AE30 in the subject line of the message. 
Submit electronic comments in WordPerfect, Microsoft Word, PDF, or 
ASCII file format, and avoid the use of special characters or any form 
of encryption.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the Covid-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section V of this document (Public 
Participation).
    Docket: The docket, which includes Federal Register notices, 
webinar attendee lists and transcripts, 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: https://www.regulations.gov/docket?D=EERE-2019-BT-TP-0003. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section V (Public Participation) for information on 
how to submit comments through http://www.regulations.gov.

[[Page 20054]]


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, review other 
public comments and the docket, or participate in the webinar, contact 
the Appliance and Equipment Standards Program staff at (202) 287-1445 
or by email: [email protected].

SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously 
approved incorporation by reference and incorporate by reference the 
following industry standards into the Code of Federal Regulations (CFR) 
at 10 CFR part 430:
    American National Standards Institute (ANSI)/American Society of 
Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 
Standard 103-2017, (ANSI/ASHRAE 103-2017), ``Method of Testing for 
Annual Fuel Utilization Efficiency of Residential Central Furnaces and 
Boilers,'' approved July 3, 2017.
    Copies of ANSI/ASHRAE 103-2017 can be obtained from the American 
Society of Heating, Refrigerating, and Air-Conditioning Engineers, 
Inc., 1791 Tullie Circle, NE, Atlanta, GA 30329, (800) 527-4723 or 
(404) 636-8400, or online at: http://www.ashrae.org.
    ANSI Standard Z21.86-2016 (ANSI Z21.86-2016), ``Vented Gas-Fired 
Space Heating Appliances,'' Sixth Edition, approved December 21, 2016.
    Copies of ANSI Z21.86-2016 can be obtained from the American 
National Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 
10036, (212) 642-4900, or online at: http://www.ansi.org.
    American Society for Testing and Materials International (ASTM) 
Standard D2156-09 (Reapproved 2018) (ASTM D2156-09 (2018)), ``Standard 
Test Method for Smoke Density in Flue Gases from Burning Distillate 
Fuels,'' reapproved October 1, 2018.
    Copies of ASTM D2156-09 (2018) can be obtained from the American 
Society for Testing and Materials International, 100 Barr Harbor Drive, 
P.O. Box C700, West Conshohocken, PA 19428-2959 or online at: 
www.astm.org.
    International Electrotechnical Commission (IEC) 62301 (Second 
Edition), ``Household electrical appliances-Measurement of standby 
power,'' (Edition 2.0 2011-01).
    Copies of IEC 62301 (Second Edition) can be obtained from the 
American National Standards Institute, 25 W 43rd Street, 4th Floor, New 
York, NY 10036, (212) 642-4900, or online at: http://webstore.ansi.org.
    Underwriters Laboratories, Inc. (UL) Standard 729-2016, ``Standard 
for Safety for Oil-Fired Floor Furnaces,'' approved November 22, 2016.
    UL Standard 730-2016, ``Standard for Safety for Oil-Fired Wall 
Furnaces,'' approved November 22, 2016.
    UL Standard 896-2016, ``Standard for Safety for Oil-Burning 
Stoves,'' approved November 22, 2016.
    Copies of UL 729-2016, UL 730-2016, and UL 896-2016 can be obtained 
from Underwriters Laboratories, Inc., 2600 NW Lake Rd., Camas, WA 
98607-8542 or online at: www.ul.com.
    See section IV.M of this document for a further discussion of these 
standards.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Definitions
    1. Unvented Heaters
    2. Vented Heaters
    B. Updates to Industry Consensus Test Methods
    1. ANSI/ASHRAE 103
    C. Unvented Heaters
    1. Calculation of Annual Energy Consumption
    2. Standby Mode and Off Mode Energy Consumption
    D. Vented Heaters
    1. Models With Multiple Automatic Operation Modes
    2. Fuel Supply and Burner Adjustments
    3. Flue Thermocouples
    4. Cyclic Condensate Collection Test
    a. Input Rate
    b. Mass Measurement Requirements
    5. Other Vented Heater Topics
    a. Test Method for Condensing Vented Home Heating Equipment
    b. Determination of Balance Point Temperature, Heating Load 
Fractions, and Average Outdoor Temperature
    c. Default Jacket Loss Value for Vented Floor Furnaces
    d. Draft Factors for Models with No Measurable Airflow
    e. Radiation Shielding
    E. Performance and Utility
    F. Additional Comment
    G. Test Procedure Costs, Harmonization, and Other Topics
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Consensus Standards
    H. Compliance Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Direct heating equipment 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)) DOE 
defines ``direct heating equipment'' as vented home heating equipment 
and unvented home heating equipment. 10 CFR 430.2. (Hereafter in this 
notice of proposed rulemaking, the terms ``vented heater'' and 
``unvented heater'' are used to describe the two types of DHE). DOE's 
energy conservation standards and test procedures for vented heaters 
are currently prescribed at 10 CFR 430.32(i) and 10 CFR part 430, 
subpart B, Appendix O, ``Uniform Test Method for Measuring the Energy 
Consumption of Vented Home Heating Equipment'' (Appendix O), 
respectively. DOE's test procedures for unvented heaters are prescribed 
at 10 CFR part 430, subpart B, Appendix G, ``Uniform Test Method for 
Measuring the Energy Consumption of Unvented Home Heating Equipment'' 
(Appendix G). DOE currently does not prescribe energy conservation 
standards for unvented heaters because, as the Department explained in 
an April 2010 final rule for DHE, DOE has previously determined that a 
standard would produce little energy savings (largely due to the fact 
that any heat losses are dissipated directly into the conditioned 
space) and because of limitations in the applicable DOE test procedure. 
75 FR

[[Page 20055]]

20112, 20130 (April 16, 2010). The unvented heaters test procedure, 
Appendix G, includes neither a method for measuring energy efficiency 
nor a descriptor for representing the efficiency of unvented heaters. 
Instead, Appendix G provides a method to measure and calculate the 
rated output for all unvented heaters and annual energy consumption of 
primary electric unvented heaters. The following sections discuss DOE's 
authority to establish and amend test procedures for vented and 
unvented heaters, as well as relevant background information regarding 
DOE's consideration of and amendments to test procedures for these 
products.

A. Authority

    The Energy Policy and Conservation Act, as amended (EPCA),\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 certain industrial equipment. 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 document. (42 U.S.C. 6292(a)(9))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four 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)
    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 
energy conservation standards promulgated under EPCA. (42 U.S.C. 
6295(s)) EPCA defines the efficiency descriptor for DHE to be annual 
fuel utilization efficiency (AFUE). (42 U.S.C. 6291(22)(A))
    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(a)-(c)) 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))
    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 shall 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))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered consumer 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 \3\ and 62087 \4\ 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.)
---------------------------------------------------------------------------

    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
---------------------------------------------------------------------------

    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)) EPCA also requires that, at least once every 7 years, DOE 
evaluate test procedures for each type of covered product, including 
the DHE that are the subject of this NOPR, 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 in the Federal Register its determination not to amend the test 
procedures. (42 U.S.C. 6293(b)(1)(A)) DOE is publishing this NOPR in 
satisfaction of the 7-year-lookback review requirement specified in 
EPCA.

B. Background

    As mentioned previously, 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, which prescribed 
test procedures for primary electric heaters and a calculation of 
national and regional average annual energy consumption. 43 FR 20128, 
20132-20146. DOE amended the test procedure for unvented heaters on 
March 28, 1984 (March 1984 final rule) to prescribe test procedures for 
fossil-fuel-fired unvented heaters and to add calculations of the rated 
output in British thermal units per hour (Btu/h) for electric heaters 
and unvented gas and oil heaters and an estimated operational cost per 
million Btu of output. 49 FR 12148, 12157-12158. DOE most recently 
updated Appendix G in a final rule published December 17, 2012 
(December 2012 final rule) to establish procedures for measuring energy 
consumption in standby mode and off mode, pursuant to EPCA. 77 FR 
74559, 74571-74572. However, in the

[[Page 20056]]

December 2012 final rule, DOE did not establish calculations for annual 
energy consumption for supplementary heaters or unvented gas and oil 
heaters, or incorporate standby mode and off mode energy into the 
annual energy consumption calculations for primary electric heaters 
because it determined that a detailed annual energy consumption 
accounting was not appropriate for unvented heaters. Id. at 77 FR 
74563.
    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 procedure for vented heaters in the March 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 (March 28, 1984). 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, 26162-26164. In 
the December 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 (Dec. 17, 2012). In the most recent test 
procedure rulemaking for DHE, DOE added provisions for testing vented 
heaters 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 2015 final rule). DOE determined at that 
time not to amend the test procedure for unvented heaters. Id. at 80 FR 
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 in sections 2.1 and 
3.1, respectively. For all unvented heaters, Appendix G includes 
provisions for determining the rated output, in section 3.3 for 
electric heaters and section 3.4 for natural gas, propane, or oil 
heaters. Appendix G does not contain provisions for determining energy 
efficiency, as unvented heaters generally are considered to be 100-
percent efficient because any heat losses are lost to the conditioned 
living space in which the unit is installed. Accordingly, DOE has not 
established energy conservation standards for unvented heaters.
    For vented heaters, Appendix O includes provisions for determining 
AFUE, which is the efficiency metric used for determining compliance 
with the energy conservation standards for vented home heating 
equipment found in 10 CFR 430.32(i)(2). Section 4.6 of Appendix O also 
specifies provisions for calculating the annual energy consumption of 
vented heaters. Manufacturers must use the test procedure at Appendix O 
to demonstrate compliance with the current energy conservation 
standards for vented heaters. Further, there are currently no industry 
consensus test methods to measure DHE energy efficiency under the AFUE 
metric for vented home heating equipment, so, therefore, the test 
procedure in Appendix O is used.
    To better understand potential issues with the current test 
procedures since the last amendments, DOE published a request for 
information (RFI) on February 26, 2019 (February 2019 RFI). 84 FR 6088. 
The February 2019 RFI requested comment from interested parties on 
several aspects of the test procedure, which are discussed further in 
section III of this document. DOE received 7 comments \5\ in response 
to the February 2019 RFI from the interested parties listed in Table 
I.1.
---------------------------------------------------------------------------

    \5\ Comments in Docket No. EERE-2019-BT-TP-0003 available at: 
https://www.regulations.gov/docket?D=EERE-2019-BT-TP-0003.

                                  Table I.1--February 2019 RFI Written Comments
----------------------------------------------------------------------------------------------------------------
         Organization(s)                 Reference in this document                  Organization type
----------------------------------------------------------------------------------------------------------------
Appliance Standards Awareness      Joint Advocates.......................  Efficiency Organizations.
 Project, American Council for an
 Energy-Efficient Economy,
 Natural Resources Defense
 Council.
Association of Home Appliance      AHAM..................................  Trade Association.
 Manufacturers.
Air-Conditioning, Heating, and     AHRI..................................  Trade Association.
 Refrigeration Institute.
Northwest Energy Efficiency        NEEA..................................  Efficiency Organization.
 Alliance.
Pacific Gas and Electric Company,  CA IOUs...............................  Utility.
 Southern California Edison, San
 Diego Gas and Electric.
National Propane Gas Association.  NPGA..................................  Trade Association.
Kevin Woodall....................  Woodall...............................  Individual.
----------------------------------------------------------------------------------------------------------------

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes the following changes to the test 
procedures for unvented and vented heaters (10 CFR part 430, subpart B, 
Appendices G and O, respectively) and several associated definitions in 
10 CFR 430.2, as follows:
    1. Update the definitions of ``floor electric heater,'' ``primary 
heater,'' ``unvented gas heater,'' ``unvented home heating equipment,'' 
``unvented oil heater,'' ``vented home heating equipment,'' and 
``vented room heater'', and update the terms ``primary heater'' and 
``supplementary heater'' to ``primary electric heater'' and 
``supplementary electric heater,'' respectively;
    2. Update references to several industry consensus standards to the 
most recent versions, except that the test procedure would maintain the 
current oil pressure measurement error value (which was omitted in the 
most recent update to ANSI/ASHRAE 103-2017), and maintain the current 
maximum post-purge period;
    3. Provide explicit direction on the operational mode for testing 
vented heaters with multiple automatic operation modes;
    4. Clarify the required input rate for the cyclic condensate 
collection tests;
    5. Allow for use of manufacturer-specified gas inlet pressure range 
when the required input rating cannot be reached;

[[Page 20057]]

    6. Explicitly state the regulator outlet pressure and specific 
gravity tolerances for the gas supply;
    7. Reduce the number of thermocouples required for the thermocouple 
grid in models with small (2-inch diameter or less) flues from nine to 
five;
    8. Clarify the wording of the cyclic condensate collection test in 
the calculation of the allowable variance in condensate mass 
measurements; and
    9. Provide explicit direction on the methods to appropriately 
shield thermocouples from radiation.
    Table II.1 summarizes DOE's proposed actions compared to the 
current test procedures, as well as the reason for each proposed 
change.

 Table II.1--Summary of Changes in Proposed Test Procedures Relative to
                         Current Test Procedures
------------------------------------------------------------------------
                                     Proposed test
  Current DOE test procedure           procedure           Attribution
------------------------------------------------------------------------
Definitions for electric        Updates the             Clarification to
 heater, primary heater,         definitions to use      ensure
 supplementary heater, floor     consistent              consistent use
 electric heater, unvented gas   terminology.            and
 heater, unvented home heating                           application.
 equipment, unvented oil                                 Response to
 heater, vented home heating                             comments.
 equipment, and vented room
 heater have various
 inconsistencies in
 terminology.
References ANSI/ASHRAE 103-     References ANSI/ASHRAE  Update to most
 2007, ANSI Z21.86-2008, ASTM    103-2017 (but           recent versions
 D-2156-09, UL729-2003, UL 730-  maintains current oil   of industry
 2003, and UL 896-1993.          pressure measurement    standards.
                                 error value and         Response to
                                 maximum post-purge      comments.
                                 time), ANSI Z21.86-
                                 2016, ASTM D-2156-09
                                 (2018), UL 729-2016,
                                 UL 730-2016, and UL
                                 896-2016.
Does not provide specific       Explicitly provides     Ensure
 direction for units with        that for units with     representativen
 multiple automatic              multiple automatic      ess. Response
 operational modes.              operational modes,      to comments.
                                 the default or other
                                 similarly named mode
                                 is used for testing.
Does not provide specific       Explicitly state at     Clarification.
 direction regarding the input   which input rate to
 rate at which the cyclic        conduct the cyclic
 condensate collection test is   condensate collection
 to be conducted.                test.
Specifies an inlet gas          Permits use of          Ensure
 pressure level is to be         manufacturer's          representativen
 between 7-10 inches water       specified gas inlet     ess.
 column.                         pressure range, if
                                 the nameplate input
                                 rating 2
                                 percent cannot be
                                 achieved at 7-10
                                 inches water column.
Does not provide specific       Explicitly state that   Clarification to
 values that the regulator       the regulator outlet    ensure
 outlet pressure and specific    pressure be within      consistent use
 gravity of the test gas must    the greater of 10 percent of     application.
                                 the manufacturer-
                                 specified manifold
                                 pressure or 0.2 inches
                                 water column, and
                                 that the specific
                                 gravity for natural
                                 gas and propane gas
                                 be 0.57-0.70 and
                                 1.522-1.574,
                                 respectively.
Requires use of a nine-         For smaller size flues  Ensure
 thermocouple grid for           (2-inch diameter or     representativen
 measuring flue gas              less), require a five-  ess.
 temperature, regardless of      thermocouple grid.
 flue size.
For the variance of the         Clarifies that the      Clarification.
 condensate mass measurements,   standard deviation
 requires that ``the sample      must be less than or
 standard deviation is within    equal to 20 percent
 20 percent of the mean value    of the mean value.
 for three cycles'' in order
 to stop at three cycles.
 Otherwise, six cycles are
 required.
Does not provide specific       Explicitly states that  Clarification.
 direction for determining       any thermocouple with
 when a radiation shield is      a direct line of
 needed or what an appropriate   sight to the burner
 radiation shield would be.      must be shielded from
                                 radiation and that a
                                 radiation shield with
                                 an explicitly stated
                                 material and minimum
                                 thickness must be
                                 used.
------------------------------------------------------------------------

    DOE has tentatively determined that the proposed amendments 
described in section III of this NOPR would not alter the measured 
efficiency of DHE, or require retesting or recertification solely as a 
result of DOE's adoption of the proposed amendments to the test 
procedures, if made final. Additionally, DOE has tentatively determined 
that the proposed amendments, if made final, would not increase the 
cost of testing. Discussion of DOE's proposed actions are addressed in 
detail in section III of this NOPR.

III. Discussion

A. Definitions

1. Unvented Heaters
    DOE defines ``unvented home heating equipment'' as 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. 10 CFR 430.2. In the February 2019 RFI, 
DOE requested comment on whether any definitions related to unvented 
heaters should be revised and if so, how. 84 FR 6088, 6090-6091 (Feb. 
26, 2019). In particular, DOE noted that floor electric heaters are not 
currently included in the examples listed in the definition of 
``primary heater,'' which is defined as 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. 
10 CFR 430.2. DOE noted that floor electric heaters have similar output 
capacities as other types of heaters that are explicitly listed as 
primary heaters, and requested comment on whether the list of examples 
should include floor electric heaters. 84 FR 6088, 6091 (Feb. 26, 
2019).
    Regarding the definition of ``unvented home heating equipment,'' 
the CA IOUs suggested that unvented home heating equipment should be 
defined using similar language as ``vented home heating equipment,'' 
and the definition should say that unvented systems are designed to 
furnish ``warm air'' rather than ``heat'' so as to distinguish DHE from 
hydronic or steam distribution systems. Additionally, the CA IOUs 
stated that floor heaters should be included in the non-exhaustive list 
of examples under the ``primary heater''

[[Page 20058]]

definition. (CA IOUs, No. 8 at p. 1) \6\ The Joint Advocates also 
stated that floor electric heaters should be included in the ``primary 
heater'' definition. (Joint Advocates, No. 6 at p. 1) NEEA provided 
conditional support for expanding the primary heater definition as long 
as the inclusion of electric heat in the definition of primary heater 
would not eliminate electric heat from other classes of equipment 
including heat pump technology, and would not have the effect of 
including gas heating technology in the same class of equipment as 
electric. (NEEA, No. 7 at p. 1)
---------------------------------------------------------------------------

    \6\ A notation in the form ``CA IOUs, No. 8 at p. 1'' identifies 
a written comment: (1) Made by the CA IOUs; (2) recorded in document 
number 8 that is filed in the docket of this rulemaking (Docket No. 
EERE-2019-BT-TP-0003) and available for review at http://www.regulations.gov; and (3) which appears on page 1 of document 
number 8.
---------------------------------------------------------------------------

    After considering the comments, DOE agrees that the definition of 
``unvented home heating equipment'' would benefit from using language 
consistent with the definition of ``vented home heating equipment.'' 
Consistent with the definition of ``vented home heating equipment'' 
that is proposed in this document (see section III.A.2), DOE is 
proposing to change ``furnishing heat'' to ``furnishing heated air'' in 
the definition of ``unvented home heating equipment'' at 10 CFR 430.2. 
Similarly, DOE also proposes to amend the definitions of ``unvented gas 
heater'' and ``unvented oil heater'' from using the phrase ``furnishes 
warm air'' to ``furnishes heated air.'' The term ``warm'' is subjective 
and does not indicate that any process was used to add heat to the air 
being furnished by the heater, whereas ``heated'' does indicate that 
thermal energy was added to the air.
    Additionally, DOE is proposing to explicitly include floor electric 
heaters as one of the examples provided in the definition of a 
``primary heater.'' To the extent that a floor electric heater is the 
principal source of heat for a structure, it is a primary heater. The 
proposed change would make such inclusion explicit in the definition of 
``primary heater'' and would have no effect on the scope of coverage 
for floor electric heaters.
    In response to NEEA's comment, DOE notes that including ``floor 
electric heaters'' as an example of an unvented electric heater type 
within the primary heater definition would not eliminate space heating 
fueled by electricity from other classes of equipment including heat 
pump technology, and would not have the effect of including gas heating 
technology in the same product class as electric. Space heating 
products that use heat pump technology are defined separately from DHE 
by EPCA. (42 U.S.C. 6292(a)(3) and (9)) Therefore, DOE cannot consider 
heat pump technology within the unvented electric heater product class. 
For these reasons, DOE proposes to include floor electric heaters in 
the definition for ``primary heaters.'' Further, to avoid confusion in 
regard to applicability of the ``primary heater'' and ``supplementary 
heater'' definitions, DOE proposes to amend the terms to ``primary 
electric heater'' and ``supplementary electric heater'' consistent with 
Appendix G.
    DOE has also tentatively determined to add the phrase ``a class of 
unvented home heating equipment'' to the definitions of ``electric 
heater,'' ``unvented gas heater,'' and ``unvented oil heater'' to more 
clearly associate these definitions as being unvented home heating 
equipment.
    DOE also proposes to clarify that unvented home heating equipment 
should be without exhaust venting, as the current definition does not 
state this explicitly.
    No other comments were received regarding the definitions relevant 
to unvented heaters in response to the February 2019 RFI.
    DOE requests comment on its proposed changes to the definitions for 
``electric heater,'' ``primary heater,'' ``unvented gas heater,'' 
``unvented home heating equipment,'' and ``unvented oil heater'' in 10 
CFR 430.2, as well as on its proposed change in terminology from 
``primary heater'' and ``supplementary heater'' to ``primary electric 
heater'' and ``supplementary electric heater,'' respectively.
2. Vented Heaters
    In the February 2019 RFI, DOE also requested comment regarding 
whether changes to any definitions applicable to vented heaters in 10 
CFR 430.2 are necessary. 84 FR 6088, 6091 (Feb. 26, 2019). In response, 
AHRI responded that no definitional changes are needed in 10 CFR 430.2 
regarding vented heaters. (AHRI, No. 5 at p. 1) To align the 
definitions of unvented and vented heaters throughout 10 CFR 430.2, DOE 
proposes to change the phrasing of ``warm'' or ``warmed'' air to 
``heated'' air in the definitions of ``vented home heating equipment'' 
and ``vented room heaters.'' As discussed in the preceding section, the 
term ``warm'' does not indicate that heat is added to the air being 
furnished by the heater, whereas the term ``heated'' does indicate that 
heat is added to the air by the heater. DOE also proposes to further 
align the definitions of ``unvented home heating equipment'' and 
``vented home heating equipment,'' as follows. The definition for 
``unvented home heating equipment'' uses the phrase, ``to a space 
proximate to such heater directly from the heater,'' while the 
definition for ``vented home heating equipment'' uses the phrase, ``to 
the living space of a residence, directly from the device.'' DOE has 
tentatively determined that the language from the unvented home heating 
equipment definition is more representative of DHE, so DOE proposes to 
modify the vented home heating equipment definition accordingly to be 
consistent. Finally, DOE proposes to clarify that vented home heating 
equipment should include exhaust venting, as the current definition 
does not state this explicitly.
    DOE also sought comment in the February 2019 RFI regarding the 
definitions relevant to vented heaters in section 1.0 of Appendix O. 84 
FR 6088, 6093 (Feb. 26, 2019). DOE particularly sought comment on 
whether the definition for ``manually controlled vented heaters'' 
should be changed to exclude heaters ``without automatic means of 
control or operation,'' rather than ``without thermostats'' (as in the 
current definition) to accommodate any means of automatic control 
rather than just thermostats. Id. In response, AHRI recommended against 
this change without added explanation. (AHRI, No. 5 at p. 3)
    Subsequent to the February 2019 RFI, DOE further examined models on 
the market with automatic controls, and found that all products 
identified with automatic controls other than thermostats (e.g., a 
timer control) also include thermostatic control mechanisms. Therefore, 
DOE has tentatively determined that changing the definition as 
discussed in the February 2019 RFI would not provide any additional 
clarification to the application of the definition and is not proposing 
to amend this definition.
    DOE also requested comment generally on whether all other 
definitions provided in section 1.0 of Appendix O are all still 
appropriate, or if other updates are needed. 84 FR 6088, 6093 (Feb. 26, 
2019). AHRI responded that the definitions in section 1.0 of Appendix O 
are appropriate and do not require changes. (AHRI, No. 5 at p. 3) The 
CA IOUs recommended the following definitional changes: Update the 
``barometric draft regulator or barometric damper'' definition to 
distinguish between traditional and automatic; update the ``flue 
gases'' definition to ``the combination of reaction products resulting 
from the combustion of a fuel with the oxygen in

[[Page 20059]]

the air and inert gases, and any excess air passing through the flue;'' 
update the definition for ``induced draft'' to clarify ``mechanical 
means'' and possibly distinguish between induced draft and forced 
draft, if appropriate; clarify the ``infiltration parameter'' 
definition, and specifically whether it is conceptual or a quantifiable 
parameter with units (e.g., volume, mass); update the ``reduced heat 
input rate'' definition to include fully modulating units; and update 
the ``vaporizing-type oil burner'' definition to use ``pot'' instead of 
``bowl.'' (CA IOUs, No. 8 at pp. 5-6)
    After considering the comments from AHRI and the CA IOUs, DOE is 
not proposing changes to the definitions in section 1 of Appendix O. 
Regarding the changes to the definitions of ``barometric draft 
regulator or barometric damper,'' ``flue gases,'' ``induced draft,'' 
and ``vaporizing-type oil burners'' as suggested by the CA IOUs, DOE 
has tentatively concluded that these terms do not require further 
direction or clarification, and that there is no indication that they 
are being inappropriately applied or misunderstood. Regarding the 
suggested update to the definition of ``infiltration parameter,'' DOE 
notes that this value is used to adjust the multiplication factor to 
account for infiltration loss during burner on-cycle when conducting 
the ANSI/ASHRAE 103 test procedure and is a dimensionless parameter 
(i.e., it has no associated unit of measurement). Lastly, DOE notes 
that a ``step-modulating control'' is defined in section 1.33 of 
Appendix O as a control that either cycles off and on at the low input 
if the heating load is light, or gradually increases the heat input to 
meet any higher heating load that cannot be met with the low firing 
rate. DOE has tentatively determined that units that would be described 
as ``fully modulating'' meet the definition of a step-modulating 
control. Thus, the suggested change to the definition of ``reduced heat 
input rate'' to include fully modulating units is not necessary, as 
fully modulating units are included under the ``step-modulating 
control'' definition, and the definition of ``reduced heat input rate'' 
already includes such units.
    DOE requests comment on its proposed changes to the definitions for 
``vented home heating equipment'' and ``vented room heater'' in 10 CFR 
430.2. DOE also requests additional comment on the definitions for 
vented home heating equipment in section 1.0 of Appendix O, and on its 
tentative determination that no changes are necessary.

B. Updates to Industry Consensus Test Methods

    The unvented heater test procedure in Appendix G includes a 
reference to the International Electrotechnical Commission (IEC) 62301, 
``Household electrical appliances--Measurement of standby power,'' 
(Second Edition). The vented heater test procedure in Appendix O 
references the following industry standards:
     ANSI/ASHRAE Standard 103-2007, ``Method of Testing for 
Annual Fuel Utilization Efficiency of Residential Central Furnaces and 
Boilers'' (ANSI/ASHRAE 103-2007);
     ANSI Z21.86-2008, ``Vented Gas-Fired Space Heating 
Appliances'' (ANSI Z21.86-2008);
     ASTM D2156-09, ``Standard Test Method for Smoke Density in 
Flue Gases from Burning Distillate Fuels'' (ASTM D2156-09);
     IEC 62301 (Second Edition), ``Household electrical 
appliances--Measurement of standby power'' (IEC 62301);
     UL 729-2003, ``Standard for Safety for Oil-Fired Floor 
Furnaces'' (UL 729-2003);
     UL 730-2003, ``Standard for Safety for Oil-Fired Wall 
Furnaces'' (UL 730-2003); and
     UL 896-1993, ``Standard for Safety for Oil-Burning 
Stoves'' (UL 896-1993).
    As described in the February 2019 RFI, all of the referenced 
industry standards, except for ASTM D2156-09 \7\ and IEC 62301 (Second 
Edition), have been superseded with a more recent version. 84 FR 6088, 
6091 (Feb. 26, 2019). The changes in the most recent version of UL 729, 
UL 730, and UL 896 were to sections not referenced by the DOE test 
procedure, and the changes to the most recent version of ANSI Z21.86, 
while affecting sections referenced by the DOE test procedure, were 
non-substantive and unlikely to have any impact on the test burden or 
measured energy consumption under the DOE test procedure. Id. 
Therefore, DOE has tentatively determined to update references to the 
industry standards to their most recent versions for ASTM D2156-09, UL 
729, UL 730, UL 896, and ANSI Z21.86.
---------------------------------------------------------------------------

    \7\ ASTM D2156-09 was reapproved in 2018 (ASTM D2156-09 (2018)) 
without modification.
---------------------------------------------------------------------------

    In the February 2019 RFI, DOE described the substantive updates to 
ANSI/ASHRAE 103 (see section III.B.1 of this document for additional 
discussion of these changes) and requested comment on whether the 
changes are appropriate for adoption in the vented heater test 
procedure. DOE also requested comment on whether any of the updates to 
the referenced standards impact the test burden or measured consumption 
under the DOE test procedure. 84 FR 6088, 6091-6092 (Feb. 26, 2019).
    NPGA responded generally in support of the updates to the 
referenced industry standards. (NPGA, No. 3 at p. 1) No other comments 
were received regarding the updated versions of the referenced industry 
test procedures. As discussed in section III.B.1 of this document, DOE 
is adopting ANSI/ASHRAE 103-2017 with certain modifications.
1. ANSI/ASHRAE 103
    ANSI/ASHRAE 103-2007, currently referenced in Appendix O, has been 
superseded by ANSI/ASHRAE 103-2017. As described in the February 2019 
RFI, there are several changes to sections incorporated by reference 
within the vented heater test procedure. 84 FR 6088, 6091 (Feb. 26, 
2019). Many of the changes are minor clarifications, such as adding 
metric units or changing the order of a sentence without affecting its 
intent. However, other changes could have a substantive effect on the 
vented heater test procedure, if adopted by DOE. Id.
    DOE noted that ANSI/ASHRAE 103-2017 removed the allowable error in 
the oil pressure measurement from section 6.3, and requested comment as 
to whether this change is appropriate for vented home heating 
equipment. 84 FR 6088, 6091-6092 (Feb. 26, 2019). In response, the CA 
IOUs recommended that the error value be retained for the vented heater 
test procedure, stating that their market research showed that 
manufacturers still produce oil-fired furnaces, and the error values 
are beneficial in maintaining consistency amongst these manufacturers. 
(CA IOUs, No. 8 at p. 2) DOE has tentatively determined that inclusion 
of the pressure measurement error values from ANSI/ASHRAE 103-2007 
remains appropriate and proposes to retain their application by 
directly including them in Appendix O.
    In section 8.6 of ANSI/ASHRAE 103-2017, titled ``Jacket Loss 
Measurement,'' figures 12 and 13 were replaced by a set of equations. 
Figure 12 shows graphically how to use the difference between surface 
temperature and the surrounding air temperature to determine a value 
for hc, the coefficient of convection for vertical and 
horizontal surfaces; and Figure 13 shows graphically how to use the 
surface temperature to determine a value of Hri, the 
coefficient of heat transfer by radiation. In the February 2019 RFI, 
DOE requested comment on whether this change is appropriate for the 
vented

[[Page 20060]]

heater test procedure. 84 FR 6088, 6092 (Feb. 26, 2019). In response, 
the CA IOUs supported using the equations from ANSI/ASHRAE 103-2017 
rather than the figures from ANSI/ASHRAE 103-2007, stating that the 
equations in ANSI/ASHRAE 103-2017 produce similar and more accurate 
results than the figures in ANSI/ASHRAE 103-2007. (CA IOUs, No. 8 at p. 
2) The CA IOUs also suggested that DOE should encourage ANSI/ASHRAE to 
publish the data points used to create the 2007 graphs in order to 
compare those values to the values obtained through the equations. (CA 
IOUs, No. 8 at p. 3)
    DOE has preliminarily determined that the calculations included in 
ASHRAE 103-2017 to determine jacket loss provide more accurate values 
as compared to the figures provided in the 2007 version, and the 
equations mitigate the possibility of human error in interpreting the 
figures. As a result, DOE is proposing to incorporate by reference the 
calculations provided in section 8.6 of ANSI/ASHRAE 103-2017.
    In the February 2019 RFI, DOE also noted updates made to section 
9.10, titled ``Optional Test Procedures for Condensing Furnaces and 
Boilers That Have No Off-Period Flue Losses'' in ANSI/ASHRAE 103-2017. 
84 FR 6088, 6091-6092 (Feb. 26, 2019). Specifically, section 9.10 of 
ANSI/ASHRAE 103-2007 specifies that for condensing units designed with 
no measurable airflow through the combustion chamber and heat 
exchanger, 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 to 0.05 for units 
having a post-purge period of less than 5 seconds. In contrast, section 
9.10 of ANSI/ASHRAE 103-2017 provides this specification for units 
having a post-purge period of less than or equal to 30 seconds. DOE 
sought comment on whether this change is appropriate for the vented 
heater test procedure. Id. In response, AHRI recommended that the post-
purge time should not increase from less than or equal to 5 seconds to 
less than or equal to 30 seconds. (AHRI, No. 5 at p. 2)
    After a thorough review of Appendix O, ANSI/ASHRAE 103-2007, ANSI/
ASHRAE 103-2017, and stakeholder comments, DOE proposes to remove the 
mentions of sections 8.8.3 and 9.10 of ANSI/ASHRAE 103 within section 
3.6.2.4.1 of Appendix O. Section 3.6.1 of Appendix O provides explicit 
instruction that the default draft factors can be used if the test 
method described in section 3.6.2 of Appendix O is met. The test method 
in section 3.6.2 of Appendix O does not address post-purge time and 
states that if the conditions of the test method are met that the 
default draft factors may be used. Section 8.8.3 of ANSI/ASHRAE 103 
states that the default draft factors may be used for all units having 
no measurable airflow through the combustion chamber and heat exchanger 
when the burners are off. Therefore, all the information stated in 
section 8.8.3 of ANSI/ASHRAE 103 is already stated in sections 3.6.1 
and 3.6.2 of Appendix O. Section 9.10 of ANSI/ASHRAE 103 applies to 
condensing units and includes the same requirements as section 8.8.3 of 
ANSI/ASHRAE 103 with the addition of the maximum post-purge time which 
was previously discussed. If the post-purge time is below the maximum 
allowed and there is no measurable airflow through the combustion 
chamber and heat exchanger when the burners are off, then section 9.10 
of ANSI/ASHRAE 103 allows the testing agency to use the default draft 
factors and, at their discretion, omit the heat-up and cool-down tests. 
Appendix O does not include a heat-up test, and section 3.6 of Appendix 
O does not discuss a maximum post-purge time when establishing the 
cool-down test procedures for determining the draft factors or the test 
method to determine if the default draft factor may be used. Therefore, 
DOE has tentatively determined that the inclusion of a reference to 
section 9.10 of ANSI/ASHRAE 103 could cause confusion due to the 
maximum post-purge requirement which is not discussed within Appendix 
O.
    DOE seeks comment on its proposal to incorporate by reference ANSI/
ASHRAE 103-2017 with modifications. In particular, DOE is interested in 
receiving comment on its proposal to add the oil pressure measurement 
error value, which was omitted from ANSI/ASHRAE 103-2017, to Appendix 
O, and on its proposal to remove the mention of sections 8.8.3 and 9.10 
within section 3.6.2.4.2 of Appendix O.

C. Unvented Heaters

1. Calculation of Annual Energy Consumption
    For electric heaters, section 2.1 of Appendix G specifies a 
requirement for measuring and recording the maximum electrical power 
consumed when heating, in terms of kilowatts, and section 3.3 specifies 
a requirement for calculating a rated output. For primary electric 
heaters only, section 3.1 of Appendix G specifies a 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,\8\ and a 
typical oversizing factor for primary electric heaters of 1.2.\9\ 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 1, 
depicting geographic regions the United States and the associated 
heating load hours for each region.
---------------------------------------------------------------------------

    \8\ The adjustment factor is a multiplier to adjust the heating 
load hours to the approximate burner operating hours experienced by 
the system.
    \9\ The oversizing factor accounts for space heating products 
generally being oversized when compared to the actual required 
heating load.
---------------------------------------------------------------------------

    In the February 2019 RFI, DOE noted that Appendix G does not 
specify a method for calculating annual fuel energy consumption for 
unvented gas and oil heaters. 84 FR 6088, 6092 (Feb. 26, 2019). DOE 
sought comment on whether the calculations and assumptions for 
calculating national and regional annual energy consumption of primary 
electric heaters are still appropriate and whether calculations for the 
annual fuel energy consumption of gas, propane, and oil heaters should 
be added to the test procedure. Id.
    AHRI stated that the assumptions for calculating the national and 
regional annual energy consumption are still appropriate, and the 
organization recommended against calculating annual fuel energy 
consumption for unvented gas and oil heaters because all heat is 
contained within the conditioned space, so they should be considered 
100-percent efficient. (AHRI, No. 5 at p. 2) AHAM stated that it is not 
aware of any data necessitating changing the assumptions made for 
national and regional values and urged DOE not to change those values. 
(AHAM, No. 4 at p. 2) NPGA stated that if DOE pursues calculation of 
annual fuel energy consumption for gas and oil unvented heaters, it 
should do so using full-fuel-cycle (FFC) analysis. NPGA also asserted 
that DOE should apply FFC to electric heating equipment as well. (NPGA, 
No. 3 at p. 1-2) NEEA recommended against requiring annual fuel energy 
consumption to be displayed on marketing material due to concerns about 
reducing purchases of high-efficiency vented heaters and consumers 
purchasing products that do

[[Page 20061]]

not fit their actual needs. NEEA stated that unvented heaters have 
higher efficiencies than vented heaters, because all the heated air and 
combustion gases are delivered to the consumer's heated space, and, as 
a result, such units will typically have lower energy consumption than 
vented heaters. NEEA also stated that a lower energy consumption value 
could lead to some consumers choosing an unvented heater over a vented 
heater, if the consumer does not recognize the difference in utility 
between the two types of heaters. According to NEEA, unvented heaters, 
in addition to providing heated air, also increase the moisture content 
and deliver combustion products to the occupied space, and while 
appropriate for some applications, the difference in utility may not be 
clear to the consumer. (NEEA, No. 7 at pp. 1-2) The Joint Advocates 
recommended that DOE require the annual fuel energy consumption 
calculations for gas and oil unvented heaters to ensure that any 
representations of annual energy use for these products would be based 
on a consistent calculation methodology. (Joint Advocates, No. 6 at p. 
1)
    After considering these comments, DOE is not proposing changes to 
the national and regional values used in the calculations of annual 
energy consumption in Appendix G for primary electric heaters, as DOE 
has tentatively determined that the existing calculations and 
assumptions are still appropriate. DOE also is not proposing to add 
calculations for annual fuel energy consumption of gas and oil unvented 
heaters. DOE has tentatively concluded that such calculations would be 
unlikely to provide consumers with valuable information, and as 
suggested by NEEA, an annual fuel energy use value for unvented gas and 
oil heaters could potentially confuse consumers if comparisons are made 
to the values for vented heaters without full understanding of the 
different applications and utilities of each product.
    With regard to NPGA's recommendation to determine the annual energy 
consumption based on FFC, as DOE has noted for other products such as 
residential furnaces and boilers and cooking products (81 FR 2628, 
2638-2639 (Jan. 15, 2016); 81 FR 91418, 91439 (Dec. 16, 2016)), DOE 
does not believe the test procedure is the appropriate vehicle for 
deriving an FFC energy use metric for DHE. As discussed in the Notice 
of Policy Amendment Regarding Full-Fuel Cycle Analyses, DOE uses the 
National Energy Modeling System (NEMS) as the basis for deriving the 
energy and emission multipliers used to conduct FFC analyses in support 
of energy conservation standards rulemakings. 77 FR 49701 (August 17, 
2012). DOE also uses NEMS to derive factors to convert site electricity 
use or savings to primary energy consumption by the electric power 
sector. NEMS is updated annually in association with the preparation of 
the Energy Information Administration's (EIA's) Annual Energy Outlook. 
Based on its experience to date, DOE expects that the energy and 
emission multipliers used to conduct FFC analyses would change each 
year. Consequently, if DOE were to include an FFC energy descriptor as 
part of the DHE test procedures, DOE would need to update the test 
procedures annually, as opposed to every 7 years as is currently 
required by EPCA (see 42 U.S.C. 6293(b)(1)(A)), which would result in 
unnecessary regulatory burden. Additionally, a change in the NEMS-
derived values would also result in all products on the market being 
required to recertify regardless of any other test procedure change 
that could affect efficiency.
2. Standby Mode and Off Mode Energy Consumption
    In the December 2012 final rule that included DHE test procedures, 
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., because there is no annual 
accounting at all for supplemental heaters, and only a simplified 
assigned value for primary heaters). 77 FR 74559, 74561 (Dec. 17, 
2012). In the August 30, 2010 NOPR that preceded the December 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 energy use during 
the non-heating season when the heater is not on) 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.

75 FR 52892, 52898-52899 (August 30, 2010).
    In the February 2019 RFI, DOE requested comment on whether standby 
mode and off mode energy use should be included in the annual energy 
consumption for unvented heaters. 84 FR 6088, 6092 (Feb. 26, 2019). DOE 
also requested information on annual and/or regional heating season 
data, and operational mode hours that could potentially be used to 
incorporate standby mode and off mode energy consumption. Id.
    AHRI recommended against incorporating standby mode and off mode 
energy use into annual energy consumption for unvented heaters, stating 
that standby mode energy use is just as effective in heating the space 
as active mode energy use and that off mode consumption is generally 
reduced by the user turning off the pilot during the non-heating 
seasons. (AHRI, No. 5 at p. 2) In contrast, the Joint Advocates stated 
that the annual energy consumption should include standby mode and off 
mode energy use. The Joint Advocates commented that this is a 
particular issue when determining the fuel energy consumption, because 
for units with a pilot light, the energy consumption of the pilot 
during the non-heating season could represent a significant energy use. 
The Joint Advocates also stated that including standby mode and off 
mode energy consumption for unvented heaters should be consistent with 
the calculation methodology for vented heaters. (Joint Advocates, No. 6 
at p. 1)
    In response to DOE's request for information on annual and/or 
regional heating season data and operational hours for each mode, AHRI 
stated that the requested data do not exist, as usage patterns, 
structural characteristics, etc., vary for every heating region. (AHRI, 
No. 5 at p. 2) NPGA supported use of EIA data for information on 
national and regional heating seasonal data. (NPGA, No. 3 at p. 2) The 
CA IOUs stated that current industry practice for primary heating 
equipment is to use heating degree days (HDD) as a proxy for annual 
heating hours. However, the CA IOUs commented that for supplemental 
heating equipment, HDD is not always directly linked to operating hours 
and recommended that DOE survey supplemental heating operating 
conditions and hours to better understand their operation. (CA IOUs, 
No. 8 at pp. 4-5)
    DOE is not proposing to include standby mode and off mode energy 
consumption in the annual energy consumption calculation for unvented 
heaters. DOE tentatively continues to

[[Page 20062]]

determine, as confirmed by AHRI, that the standby mode energy 
consumption of unvented heaters is as effective at heating the space as 
active mode energy, and, therefore, it is unnecessary to integrate. 
Regarding off mode energy consumption, DOE has tentatively concluded 
that some consumers could potentially leave the pilot light on during 
the non-heating season, thereby resulting in consumption of additional 
energy. However, in its review of the market, DOE found that all 
identified models with a pilot light included instructions from the 
manufacturer for turning the pilot light off during the non-heating 
seasons. DOE lacks data for the operational hours in off mode and the 
percentage of consumers that do not turn their pilot lights off during 
the non-heating seasons, thereby making it impossible to determine 
whether a problem actually exists or its magnitude. Based on the 
presence of manufacturer instructions and lack of data on 
representative use, DOE is not proposing to incorporate off mode energy 
use in the test procedure.
    DOE requests comment on its tentative determination to not include 
standby mode and off mode energy consumption into the annual energy 
consumption for unvented heaters.

D. Vented Heaters

    For vented heaters, Appendix O specifies provisions for determining 
the product's AFUE, which is the efficiency descriptor established by 
EPCA for these products. (42 U.S.C. 6291(22)(A))
1. Models With Multiple Automatic Operation Modes
    Section 2.11 of the current test procedure specifies that for 
equipment that has both manual and automatic thermostat control modes, 
the unit must be tested according to the procedure for its automatic 
control mode (i.e., single-stage, two-stage, or step-modulating). 
However, when a unit has multiple automatic operational modes, the test 
procedure does not explicitly specify what automatic operating mode 
must be used for testing.
    In the February 2019 RFI, DOE requested comment on whether vented 
heaters having multiple automatic operation modes exist, and if so, 
whether further direction regarding the tested operating mode is 
necessary. 84 FR 6088, 6093 (Feb. 26, 2019). AHRI responded that DHE 
with multiple operating modes exist and recommended that DOE clarify 
that the least-efficient mode be used during AFUE tests for such 
models. (AHRI, No. 5 at p. 3)
    As previously stated, EPCA requires test procedures prescribed or 
amended by DOE to be reasonably designed to produce test results which 
measure the energy efficiency of a covered product during a 
representative average use cycle or period of use and must not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE does not have 
data on the frequency of use by a consumer of the least-efficient mode, 
and commenters did not provide any such data. It is not clear that the 
least-efficient mode, as recommended by AHRI, would necessarily be the 
most representative mode for testing models with multiple automatic 
operating modes. Through a review of manufacturer's product literature, 
DOE was unable to find vented heaters with multiple automatic operation 
modes and seeks further comment on which models are available with 
multiple automatic operating modes.
    DOE is proposing to explicitly specify that models with multiple 
automatic operation modes be tested in the mode suggested by the 
manufacturer for normal operation or the default mode as defined in the 
manufacturer's installation and operations manual. If a default mode is 
not defined in the product literature, DOE proposes that tests be 
conducted in the mode that the product operates in as shipped from the 
manufacturer.
    DOE requests comment on its proposal with regard to the automatic 
operational mode for testing models with multiple automatic operation 
modes. DOE requests data and information on the consumer use of 
different automatic operational modes when offered on a vented heater. 
DOE is interested in receiving comment on the characteristics of the 
mode recommended by manufacturers for normal operation, on how such 
mode is described in the manufacturer's installation and operations 
manual when provided, and on which models currently available on the 
market include multiple automatic operation modes.
2. Fuel Supply and Burner Adjustments
    Sections 2.3.1 and 2.3.3 of Appendix O require that for natural 
gas-fueled and propane gas-fueled vented heaters, the gas supply be 
maintained at a normal inlet test pressure immediately ahead of all 
controls at 7 to 10 inches water column and 11 to 13 inches water 
column, respectively. In addition, section 2.4.1 of Appendix O requires 
that the fuel flow rate be set to obtain a heat rate of within 2 percent of the hourly Btu rating specified by the manufacturer, 
as measured after 15 minutes of operation. During exploratory testing 
performed for the development of this NOPR, one unit that was tested 
was unable to achieve the nameplate input rate within 2 percent while 
maintaining a natural gas supply pressure of 7 to 10 inches water 
column. The manufacturer's recommended gas inlet pressure for this 
model was 5 to 10.5 inches water column, and the nameplate input rating 
was achieved at a natural gas supply pressure of 5 inches water column.
    To ensure models are tested at conditions representative of field 
conditions while still maintaining consistency and repeatability, DOE 
proposes additional direction to address situations in which the 
required fuel rate cannot be achieved under the conditions specified in 
the test procedure (e.g., at 7-10 inches water column for natural gas). 
DOE is proposing that in such instances, it is allowable to use any gas 
supply pressure within the range specified by the manufacturer.
    Sections 2.3.1 and 2.3.2 of Appendix O also require the regulator 
outlet pressure be maintained at ``a normal test pressure approximately 
at that recommended by the manufacturer.'' DOE proposes to clarify 
these statements to require that the regulator outlet pressure be 
maintained at the greater of 10 percent of the 
manufacturer-specified manifold pressure or 0.2 inches 
water column. This change would ensure consistency in setting the 
regulator outlet pressure and aligns the language within Appendix O 
with the DOE test procedures for other gas-fired heating products 
(e.g., consumer water heaters and commercial water heaters).
    Sections 2.3.1 and 2.3.2 of Appendix O also require that the 
specific gravity be approximately 0.65 or 1.53 for natural gas or 
propane gas, respectively. DOE proposes to require that the specific 
gravity be between 0.57 and 0.70 for natural gas and 1.522 and 1.574 
for propane gas. These specific gravity ranges correspond to the values 
presented in Annex G of ANSI Z21.86-2016.
    Finally, DOE proposes to remove the phrase ``normal'' from ``normal 
inlet test pressure'' in sections 2.3.1 and 2.3.2 of Appendix O and 
replace ``normal hourly Btu input rating'' in section 2.4.2 of Appendix 
O with ``maximum hourly Btu input rating.'' Section 2.4.1 of Appendix O 
requires that the burners for gas fueled vented heaters be adjusted to 
provide an input rate within 2 percent of the maximum Btu 
rating specified by the manufacturer at the test pressures specified in 
section 2.3 of

[[Page 20063]]

Appendix O. As the test pressures within section 2.3 of Appendix O are 
proposed to be explicitly stated, the use of the phrase ``normal'' is 
no longer necessary. The proposed change to replace ``normal hourly Btu 
input rating'' with ``maximum hourly Btu input rating'' in section 
2.4.2 of Appendix O, which describes the burner adjustments for oil-
fueled vented heaters, aligns the input rate language throughout 
section 2.4 of Appendix O.
    DOE requests comment on its proposals to allow a manufacturer-
specified value for gas supply pressure if test conditions are not 
achievable at a gas supply pressure of 7 to 10 inches water column for 
natural gas or 11-13 inches water column for propane gas, to require 
the regulator outlet pressure be within the greater of 10 
percent of the manufacturer-specified manifold pressure or 0.2 inches water column, to require the specific gravity of 
natural gas be between 0.57 and 0.70 and for propane gas be between 
1.522 and 1.574, to remove the phrase ``normal'' from sections 2.3.1 
and 2.3.2 of Appendix O, and to replace ``normal hourly Btu input 
rating'' with ``maximum hourly Btu input rating'' within section 2.4.2 
of Appendix O.
3. Flue Thermocouples
    Section 2.6 of Appendix O requires installation of nine 
thermocouples in the vent for measuring flue gas temperature for both 
gas-fueled and oil-fueled vented heaters. As noted previously, DOE 
conducted testing to inform the development of this NOPR. For one of 
the units tested, the exhaust piping was 2 inches in diameter, and the 
nine thermocouples significantly restricted airflow in the vent, 
resulting in flue gas temperature readings and carbon monoxide levels 
above normal operating conditions. To ensure that measurements taken 
during testing of models with smaller flues (i.e., 2 inches diameter or 
less) are representative of typical use, DOE proposes to allow fewer 
thermocouples to be used for such models when the use of nine 
thermocouples prevents the unit from operating within the allowable 
test conditions. Specifically, DOE is proposing to adopt a requirement 
to allow the test lab to use five thermocouples (which DOE notes is the 
same as the requirement in ASHRAE 103-2017, section 7.6 and figure 10) 
when the flue size is less than or equal to 2 inches diameter. Given 
that the cross-sectional flue area is smaller for models with small 
vent diameter, fewer thermocouples are needed to obtain accurate flue 
gas temperature measurements. Further, using fewer thermocouples would 
result in less flue restriction, and could more closely resemble 
operation in the field, thereby providing more representative flue gas 
readings.
    DOE seeks comment on its proposal to allow the use of five 
thermocouples, rather than nine thermocouples, in vented heaters with a 
vent diameter of 2 inches or less.
4. Cyclic Condensate Collection Test
    Section 3.8.2 of Appendix O specifies the test procedure for 
collecting condensate under cyclic conditions for condensing vented 
heaters. During this test, three to six cycles of a 4 minute on-cycle 
followed by a 13 minute off-cycle are completed. The total mass of 
condensate and fuel energy input are then used in section 4.0, 
``Calculations.'' The cyclic condensate collection test does not 
specify the input rate at which the burner should fire during the on-
cycle times for units with modulating controls.
a. Input Rate
    The cyclic condensate collection test was based on section 9.8 of 
ANSI/ASHRAE 103-2007, which specifies that regarding the input rate for 
units with modulating controls, the following applies: (a) For step-
modulating units, the test is conducted at the reduced \10\ input rate 
only, which is defined in section 3 of ANSI/ASHRAE 103-2007; or (b) for 
two-stage units, the test is conducted at both the maximum and reduced 
input rates unless the balance-point temperature (TC) 
determined is equal to or less than the typical outdoor design 
temperature of 5 [deg]F (-5[deg]C), in which case test at the reduced 
input rate only. The required input rate is specified in all other 
tests within the vented heater test procedure. Therefore, DOE proposes 
to add input rate instructions similar to ANSI/ASHRAE 103-2007 to 
section 3.8.2 of Appendix O. This change would align the vented heater 
test procedure with ANSI/ASHRAE 103, on which Appendix O was heavily 
dependent for development.
---------------------------------------------------------------------------

    \10\ ``Reduced heat input rate'' is defined in section 1 of 
Appendix O as the factory-adjusted lowest reduced heat input rate 
for vented home heating equipment equipped with either two-stage 
thermostats or step-modulating thermostats.
---------------------------------------------------------------------------

    DOE requests comment on its proposal to specify input rate 
instructions for the cyclic condensate collection test.
b. Mass Measurement Requirements
    Section 3.8.2 of Appendix O states that if after three cycles ``the 
sample standard deviation is within 20 percent of the mean value for 
three cycles,'' the test can be ended, and the total mass collected in 
the three cycles can be used. Otherwise, three additional cycles of 
condensate collection are required, for a total of six cycles. DOE 
notes that the existing language for checking whether the variance of 
the condensate collected during the first three cycles is sufficiently 
small could be read to require that the standard deviation be ``within 
20 percent'' of the mean value of the mass of condensate collected. 
Such a reading would not be logical because a small standard deviation 
is desirable for consistent results, and, therefore, the standard 
deviation value should not be compared directly to the mean and be 
required to be within 20 percent of the mean value. Rather, the phrase 
requires that the standard deviation be at or below ``20 percent of the 
mean value'' (i.e., the sample standard deviation should be less than 
or equal to 20 percent of the mean). DOE proposes to revise this 
statement to state that the standard deviation must be less than or 
equal to 20 percent of the mean rather than ``within 20 percent'' of 
the mean. This proposed change would clarify the wording to avoid 
confusion that could result from the existing text.
    DOE requests comment on its proposed rewording of the variance 
condition between cycles to clarify that the standard deviation must be 
less than or equal to 20 percent of the mean, for determining whether 
the cyclic condensate mass collection must be performed for three 
cycles or six cycles.
5. Other Vented Heater Topics
a. Test Method for Condensing Vented Home Heating Equipment
    Section 3.8 of Appendix O contains provisions for testing vented 
heaters that utilize condensing technology. Condensing technology is a 
design strategy to increase the efficiency of a heating appliance by 
extracting additional thermal energy from the flue gases. The 
provisions for condensing vented heaters in Appendix O are based on 
those contained in ANSI/ASHRAE 103-2007, which are applicable to 
condensing furnaces and boilers. However, because the application of 
the condensing technology test provisions to vented heaters requires 
modifications not needed for furnaces and boilers, DOE includes the 
condensing provisions in Appendix O, rather than incorporating by 
reference the relevant provisions of ANSI/ASHRAE 103-2007.
    In the February 2019 RFI, DOE requested comment on the test method 
for condensing vented heaters, specifically including information on

[[Page 20064]]

the test burden and on ways to potentially reduce burden. 84 FR 6088, 
6093 (Feb. 26, 2019). AHRI stated that the provisions for testing 
condensing equipment are appropriate and do not need to be updated. 
(AHRI, No. 5 at p. 3) DOE received no other comment on this issue.
    Consequently, DOE is not proposing to change the existing 
provisions for testing condensing vented heaters in the Federal test 
procedure for DHE.
b. Determination of Balance Point Temperature, Heating Load Fractions, 
and Average Outdoor Temperature
    In section 4.1.10 of Appendix O, titled ``Steady-state 
efficiency,'' the balance point temperature \11\ (TC) can be 
determined either with an equation or using the values provided in 
Table 3 of Appendix O. The two options may not yield the exact same 
result because Table 3 provides a single balance point temperature 
value for a range of heat output ratios (R), while the equation 
provides a specific value for each heat output ratio. In other words, 
to use Table 3, first the heat output ratio is determined, then the 
corresponding range in Table 3 is selected to identify the balance 
point temperature for units with heat output ratios in the given range. 
To use the equation method, however, the heat output ratio is plugged 
into the equation, and balance point temperature is calculated. 
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, for 
TOA and TOA*, 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) and, 
for X1 and X2, 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). 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.
---------------------------------------------------------------------------

    \11\ The ``balance point temperature'' is defined in section 4 
of Appendix O and represents a temperature used to apportion the 
annual heating load between the reduced input cycling mode and 
either the modulating mode or maximum input cycling mode.
---------------------------------------------------------------------------

    For the February 2019 RFI, DOE reviewed test data to estimate the 
impact of the different methods for determining the aforementioned 
variables on the measured AFUE value. The different methods resulted in 
a difference on the order of hundredths of a percentage point of AFUE, 
which DOE tentatively concluded would not be likely to affect the 
measured AFUE in most cases when rounded to a whole number. 84 FR 6088, 
6093 (Feb. 26, 2019). DOE requested 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 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. DOE also requested 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. Id.
    DOE did not receive any comments in response to these issues. As 
discussed, based on DOE's analysis, any changes in AFUE resulting from 
the differences in the equation, table, and figures are minimal. 
Therefore, DOE is not proposing any changes to the test method related 
to these issues.
c. Default Jacket Loss Value for Vented Floor Furnaces
    The test procedure for vented floor furnaces requires the 
measurement of jacket losses when determining the AFUE. Section 3.2, 
Appendix O. In the NOPR published in the Federal Register as part of 
the rulemaking for the January 2015 final rule, 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 (Oct. 24, 2013). In the January 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 (Jan. 6, 2015).
    In the February 2019 RFI, DOE requested comment and test data on 
whether a higher default jacket loss value should be considered for 
vented floor furnaces. 84 FR 6088, 6093 (Feb. 26, 2019). The Joint 
Advocates urged DOE not to include a default jacket loss value for 
vented floor furnaces, stating that a default value would allow 
products to have a jacket loss higher than the default without 
incurring a penalty, and could lead to efficiency ratings that are not 
representative of actual energy use. (Joint Advocates, No. 6 at p. 2) 
NEEA expressed support for a default jacket loss value that is 
representative of the jacket loss performance of the worst 25 models on 
the market. NEEA also stated that it prefers that testing for jacket 
loss still be allowed or for a calculation method to be developed, in 
lieu of a default value, to encourage innovation in decreasing jacket 
losses. (NEEA, No. 7 at p. 2)
    After carefully considering these comments and the available 
information, DOE is not proposing a default jacket loss value. DOE has 
tentatively concluded that a default jacket loss value for vented floor 
furnaces would provide less representative ratings than the current 
test method, which requires measurement of the jacket loss in floor 
furnaces.

D. Draft Factors for Models With No Measurable Airflow

    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 DF and DP may be set equal to 0.05. In 
the February 2019 RFI, DOE requested comment on whether models using 
condensing or induced draft technology are always capable of meeting 
the criteria required to use the default draft factors of 0.05. 84 FR 
6088, 6093 (Feb. 26, 2019). DOE also sought comment on whether such 
models should automatically be considered to have no measurable 
airflow, and, thus, allowed to use the defined value of 0.05 for 
DF and DP without performing the smoke stick 
test. Id.
    AHRI recommended against allowing condensing or induced draft DHE 
to be considered to have no measurable airflow and use constant values 
for DF and DP without confirmation testing. 
(AHRI, No. 5 at p. 3)
    After carefully considering comment on this issue in response to 
the February 2019 RFI, DOE is not proposing use of the default 
DF and DP values for condensing and induced draft 
vented heaters without first performing the test in section 3.6.2 of 
Appendix O to confirm that there is no measurable airflow. DOE has 
tentatively concluded that the provisions in the current test procedure 
for ensuring there is no airflow through the unit when not in heating 
mode before allowing the default draft factors, are appropriate, 
particularly since the smoke stick test was not identified as overly 
burdensome by stakeholders or during DOE's testing. Further 
verification of no airflow ensures that representative draft factors 
are applied during testing.

[[Page 20065]]

e. Radiation Shielding
    Sections 2.6.1, 2.6.2, and 2.9 of Appendix O require that radiation 
shields be used to protect thermocouples that could receive direct 
radiation from the fire. However, no instruction is given on how to 
determine if a thermocouple could receive direct radiation from the 
fire, and if so, what type of radiation shielding would be required. 
DOE has tentatively proposed to require that all thermocouples be 
shielded from the fire if there is a direct line of sight between the 
fire and the thermocouple. Further, if radiation shielding is required, 
then a radiation shield meeting the material and minimum thickness 
requirements stated in section 8.14.1 of ANSI Z21.86-2016 shall be 
used.
    DOE requests comment its proposed changes to the radiation 
shielding requirements within sections 2.6.1, 2.6.2, and 2.9 of 
Appendix O. In particular, DOE seeks information as to what methods are 
currently being used to determine whether a thermocouple would require 
a radiation shield and also what types of materials are currently used 
as radiation shields.

E. Performance and Utility

    DHE provides space heating (heated air) directly to the consumer's 
living space without the use of duct connections. Also relevant to DHE 
may be the ability to provide ``quiet'' operation, non-heating air 
circulation, and space humidification, as well as the aesthetic 
appearance of the unit. In the February 2019 RFI, DOE requested comment 
on whether the test procedures impact the availability of such features 
on DHE. 84 FR 6088, 6094 (Feb. 26, 2019).
    The CA IOUs stated that the current procedures do not have an 
effect on manufacturers' ability to produce quiet or aesthetically 
pleasing products. (CA IOUs, No. 8 at p. 6) However, the CA IOUs stated 
that the current test procedures potentially could impact non-heating 
air circulation and space humidification, and recommended testing under 
different ambient conditions and monitoring the resulting energy use or 
operational efficiency to determine the impact on non-heating air 
circulation. Regarding space humidification, the CA IOUs also stated 
that the test procedure would likely impact space humidification since 
it involves heating the space, which in turn will change the dry/latent 
heat composition. The CA IOUs noted that section 3.8 of Appendix O, 
which addresses the measurement of condensate for condensing vented 
heaters, requires that the space humidity not exceed 80 percent 
relative humidity, stated that the heating requirements of a humidified 
space are different from a dehumidified space, and recommended further 
testing to ascertain the effects of the test procedure on the 
availability of space humidification features. (CA IOUs, No. 8 at p. 6-
7)
    DOE is not proposing any changes to the test procedure related to 
the issues raised by the CA IOUs and has tentatively determined that 
the other proposed changes to Appendix O would not have an effect on 
the issues raised by the CA IOUs. DOE does not have any data or test 
results to indicate that the current test procedure negatively impacts 
non-heating air circulation and space humidification. Non-heating air 
circulation energy use is not captured by the test procedure; 
therefore, there is no impact on this potential feature. Relative 
humidity requirements are specified only for condensing vented heaters 
because the effect of the ambient relative humidity on the energy 
efficiency is most significant for condensing vented heaters. DOE is 
not aware of condensing vented heaters on the market that provide space 
humidification that would cause the ambient relative humidity to exceed 
80 percent. DOE has tentatively determined that the relative humidity 
requirement for condensing vented heaters of 80 percent is not 
burdensome to maintain and is likely higher than the highest humidity 
that would be observed in a home, so, therefore, the test procedure 
should not affect the potential space humidification feature.
    DOE seeks additional comment and data on whether the DHE test 
method affects DHE utility or performance, specifically including 
whether there are impacts on features such as air circulation and space 
humidification.

F. Additional Comment

    In response to the February 2019 RFI, Woodall suggested mandating 
electronically-commutated motors as replacements for permanent split-
capacitor motors that are common in the DHE market as a means to reduce 
power consumption in both vented and unvented systems. (Woodall, No. 2 
at p. 1)
    A requirement as suggested by the commenter is outside the scope of 
DOE's authority for DHE as provided under EPCA. At 42 U.S.C. 6291(6), 
EPCA defines the term ``energy conservation standard'' to mean a 
performance standard that prescribes a minimum level of energy 
efficiency or a maximum quantity of energy use (or water use for 
certain specified covered products), as determined under the applicable 
DOE test procedure. That same definition does allow for adoption of a 
design requirement for certain enumerated covered products; however, 
DHE is not on that list. Thus, the statute does not permit DOE to adopt 
a standard requiring an electronically-commutated motor, as suggested 
by Woodall.

G. Test Procedure Costs, Harmonization, and Other Topics

1. Test Procedure Costs and Impact
    EPCA requires that test procedures proposed by DOE not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) In this NOPR, DOE 
proposes to amend the existing test procedures for DHE (including both 
unvented and vented heaters) by updating definitions regarding unvented 
heaters, incorporating by reference the most recent versions of several 
industry standards, explicitly specifying the operational mode for 
testing units with multiple automatic operational modes, allowing the 
use of manufacturer-specified values for gas supply pressure in certain 
circumstances, reducing the number of thermocouples required for 
measuring the flue gas temperature in models with small flues, 
clarifying instructions for cyclic condensate mass measurements, and 
clarifying when radiation shielding is necessary. DOE has tentatively 
determined that these proposed amendments would not be unduly 
burdensome for manufacturers to conduct and would not change test 
burden for manufacturers.
    DOE anticipates that the amendments proposed in this NOPR would not 
increase test costs.
    Specifically, DOE is proposing to change certain definitions to 
unvented heaters. These definitional changes are for consistency, and 
such changes do not affect the applicability of the test procedures or 
classification of any unvented heaters. As a result, the definitional 
changes would not require additional testing or impact testing costs.
    DOE is also proposing to update the industry consensus standards 
incorporated by reference to the most recent versions of those test 
methods. All of the updated industry consensus standards, except ANSI/
ASHRAE 103-2017, do not contain any significant changes in the sections 
referenced in the DOE test procedures for DHE. For ASNI/ASHRAE 103, the 
2017 version differs from the 2007 version currently referenced in the 
DOE test procedure in relation to the oil pressure measurement

[[Page 20066]]

error allowance and the post-purge time for applying default draft 
factor values. DOE is proposing to adopt the updated standard with 
modification to retain the oil pressure measurement error allowance and 
maximum post-purge time for applying default draft factor values from 
the currently-referenced 2007 version of the standard. These two 
revisions were the only significant differences between the 2007 and 
2017 versions that would potentially impact testing of vented heaters. 
Retention of these requirements should not result in any additional 
burden or costs, as manufacturers are already complying with those 
provisions under the current test procedure.
    DOE is proposing to specify that models with multiple automatic 
operational modes should be tested in the default mode (or similarly-
named mode identified for normal operation). If a default mode is not 
defined in the product literature, the model would be tested in the 
mode that the equipment operates in as shipped from the manufacturer. 
As discussed, DOE did not identify any models currently on the market 
that are capable of multiple automatic operation modes. Thus, DOE 
tentatively concludes that, if adopted, this change would not require 
additional testing nor would it impact testing costs.
    DOE is proposing to explicitly state the required input rate for 
the cyclic condensate collection test in section 3.8.2. The proposed 
input rate instruction is identical to the instruction in section 9.8 
of ANSI/ASHRAE 103-2007, which is the industry test procedure on which 
the cyclic condensate collection test in section 3.8.2 is based. DOE 
notes this instruction is also included in the most recent version of 
ANSI/ASHRAE 103-2017. DOE tentatively concludes that because the input 
rate is not specified in DOE's current test procedure, but is 
explicitly stated in the industry test method, manufacturers are 
already testing as instructed by the industry test method. Therefore, 
this change would not require additional testing, nor would it impact 
testing costs.
    DOE is proposing to allow for use of manufacturer-specified gas 
inlet pressure ranges when the required input rating (i.e., the 
nameplate input rating 2 percent) cannot be achieved at 7-
10 inches water column, as currently required in Appendix O. Aside from 
the tested unit that presented this issue, DOE is unaware of this issue 
more broadly occurring in manufacturer testing. Were this issue to 
occur, a valid test as prescribed by the test procedure could not be 
performed, and a manufacturer would need to seek a waiver from the test 
procedure under 10 CFR 430.27. DOE has not received any such waivers. 
As such, this proposal would not require retesting of units on the 
market and would not be expected to impact test burden.
    DOE is proposing a tolerance on the regulator outlet temperature to 
be within the greater of 10 percent of the manufacturer-
specified manifold pressure or 0.2 inches water column. 
This tolerance is consistent with other DOE test procedures and would 
not be expected to require retesting of units on the market or to 
impact test burden.
    DOE is proposing that the specific gravity of natural gas be 
between 0.57 and 0.70 and of propane gas be between 1.522 and 1.574. 
These ranges include the previously required values and align with the 
industry's required specific value ranges stated in Annex G of ANSI 
Z21.86-2016. As such, these proposed changes would not require 
retesting of units on the market and would not be expected to impact 
test burden.
    DOE also proposes to allow the testing agency to determine whether 
to use nine or five thermocouples when testing models with small (2-
inch or less diameter) flues. DOE has tentatively determined that the 
results of testing with five thermocouples instead of nine would be 
comparable. In models where the currently required nine thermocouples 
restrict the flow to the point of causing the unit to operate outside 
of the allowable test and/or operational conditions (such as the 
maximum outlet air temperature), a test meeting all the required test 
conditions cannot be completed. Therefore, for impacted models, this 
change would allow testing to the required test conditions to be 
conducted, which are designed to produce results representative of a 
typical average use cycle. DOE has tentatively determined that 
performing a test with five thermocouples instead of nine will impose 
no additional testing costs.
    DOE also proposes to clarify the calculation for the allowable 
variance of the condensate mass measurements during the cyclic 
condensate test when determining whether to conduct three cycles or 
six. The proposed wording would not change the intent of the test or 
the test requirements, nor would it have an impact on test cost.
    Finally, DOE proposes to clarify when radiation shielding is 
necessary to install and, when shielding is necessary, that appropriate 
shielding materials are used. Radiation shielding requirements are 
already included in the current test procedure, and the proposed 
changes would not change the intent of the test or the test 
requirements, nor would it have an impact on test cost.
    DOE has tentatively determined that, should any of these proposed 
amendments be finalized, manufacturers would be able to rely on data 
generated under the current test procedure and that retesting should 
not be necessary.
2. Harmonization With Industry Consensus Standards
    As discussed, Appendices G and O incorporate by reference certain 
provisions of numerous industry standards. Both appendices incorporate 
by reference IEC 62301 (Edition 2.0, 2011-01), which provides methods 
for measuring electrical standby mode and off mode power consumption. 
Appendix O also incorporates by reference ANSI/ASHRAE 103, which is a 
test method for determining the annual fuel utilization efficiency of 
residential central furnaces and boilers; ANSI Z21.86, which is a 
standard for construction and safety performance of vented gas space 
heating appliance; ASTM D-2156, which is a standard for determining 
smoke density; and UL 729, UL 730, and UL 896, which are standards 
pertaining to the installation of oil-fired vented heaters. DOE notes 
that the only industry standard referenced in Appendix G is IEC 62301.
    DOE requests comment on the benefits and burdens of the proposed 
updates and additions to industry standards referenced in the test 
procedures for DHE.

H. Compliance Date

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) If DOE were to publish an amended test 
procedure, EPCA provides an allowance for individual manufacturers to 
petition DOE for an extension of the 180-day period if the manufacturer 
may experience undue hardship in meeting the deadline. (42 U.S.C. 
6293(c)(3)) To receive such an extension, petitions must be filed with 
DOE no later than 60 days before the end of the 180-day period and must 
detail how the manufacturer will experience undue hardship. (Id.)

[[Page 20067]]

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
test procedure proposed rulemaking does not constitute a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, 
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). 
Accordingly, this action was not subject to review under the Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) in 
OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IRFA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: http://energy.gov/gc/office-general-counsel.
    The Small Business Administration (SBA) considers a business entity 
to be a small business, if, together with its affiliates, it employs 
less than a threshold number of workers specified in 13 CFR part 121. 
The size standards and codes are established by the 2017 North American 
Industry Classification System (NAICS). DHE manufacturers are 
classified under NAICS code 333414, ``Heating Equipment (except Warm 
Air Furnaces) Manufacturing.'' The SBA sets a threshold of 500 
employees or fewer for an entity to be considered as a small business. 
DOE used available public information to identify potential small 
manufacturers of the covered product. DOE accessed the Compliance 
System Management System's (CCMS) Compliance Certification Database and 
the AHRI's certified product directory to create a list of companies 
that import or otherwise manufacture DHE covered by this proposal. 
Using these sources, DOE identified a total of five manufacturers of 
DHE. Of these manufacturers, four are potential small businesses. 
However, due to the nature of DOE's proposed rule, which generally 
updates the incorporations by reference to the latest version of 
applicable industry consensus standards (which saw no substantive 
changes to the relevant provisions) and makes a number of 
clarifications and minor modifications designed to reduce burden, the 
Department has tentatively determined that this proposed rule, if 
finalized, would not impose a significant burden on small manufacturers 
who produce this specific type of product.
    More specifically, in this document, DOE proposes the following 
changes to the test procedure for unvented and vented heaters, as well 
as several associated changes to definitions at 10 CFR 430.2. First, to 
ensure consistent use and application of the test procedure, DOE 
proposes updates: To the definitions of ``floor electric heater,'' 
``primary heater,'' ``unvented gas heater,'' ``unvented home heating 
equipment,'' ``unvented oil heater,'' ``vented home heating 
equipment,'' and ``vented room heater''; to update the terms ``primary 
heater'' and ``supplementary heater'' to ``primary electric heater'' 
and ``supplementary electric heater,'' respectively; to add the current 
oil pressure measurement error value to the test procedure; to 
explicitly state the regulator outlet pressure and specific gravity 
tolerances for the gas supply; and, to clarify the wording of the 
cyclic condensate collection test in the calculation of the allowable 
variance in condensate mass measurements. Second, to align with the 
most recent industry consensus standards, DOE proposes: To update the 
references to the industry consensus standards to the most recent 
versions; to clarify the required input rate for the cyclic condensate 
collection tests; and, to explicitly state the methods to appropriately 
shield thermocouples from radiation. Third, to ensure the 
representativeness of the test procedure, DOE proposes: To explicitly 
state the operational mode for testing vented heaters with multiple 
automatic operation modes; to allow for use of manufacturer-specified 
gas inlet pressure range when the required input rating cannot be 
reached; and, to reduce the number of thermocouples required for the 
thermocouple grid in models with small (2-inch diameter or less) flues 
from nine to five.
    All proposed changes are either clarifications to ensure consistent 
use and application (which does not affect the results of the test 
procedure or how the test procedure is run) or amendments which ensure 
the representativeness of the test procedure as compared to products 
installed in the field. These amendments are all in line with the most 
recent industry consensus standards.
    As stated, DOE has reviewed this proposed rule to amend the test 
procedures for DHE under the provisions of the Regulatory Flexibility 
Act and the procedures and policies published on February 19, 2003, and 
the Department has initially determined that if finalized as proposed, 
this rulemaking would not have any cost impact. Therefore, DOE 
initially concludes that the impacts of the test procedure amendments 
proposed in this NOPR would not have a ``significant economic impact on 
a substantial number of small entities,'' and that the preparation of 
an IRFA is not warranted. Accordingly, DOE will transmit the 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of DHE must certify to DOE that their products comply 
with any applicable energy conservation standards. To certify 
compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including DHE. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for certification and recordkeeping is subject to review and approval 
by OMB under the Paperwork Reduction Act (PRA). This requirement has 
been approved by OMB under OMB control number 1910-1400. Public 
reporting burden for the certification is estimated to average 35 hours 
per response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    DOE is analyzing this proposed regulation in accordance with the 
National Environmental Policy Act of

[[Page 20068]]

1969 (NEPA) and DOE's NEPA implementing regulations (10 CFR part 1021). 
DOE's regulations include a categorical exclusion for rulemakings 
interpreting or amending an existing rule or regulation that does not 
change the environmental effect of the rule or regulation being 
amended. 10 CFR part 1021, subpart D, appendix A5. DOE anticipates that 
this rulemaking qualifies for categorical exclusion A5 because it is an 
interpretive rulemaking that does not change the environmental effect 
of the rule and otherwise meets the requirements for application of a 
categorical exclusion. See 10 CFR 1021.410. DOE will complete its NEPA 
review before issuing the final rule.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE has examined this 
proposed rule and has determined that it would not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of this proposed 
rule. States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 
No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined this 
proposed rule according to UMRA and its statement of policy and 
determined that the rule contains neither an intergovernmental mandate, 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

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

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

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that

[[Page 20069]]

promulgated or is expected to lead to promulgation of a final rule, and 
that: (1) Is a significant regulatory action under Executive Order 
12866, or any successor order; and (2) is likely to have a significant 
adverse effect on the supply, distribution, or use of energy; or (3) is 
designated by the Administrator of OIRA as a significant energy action. 
For any proposed significant energy action, the agency must give a 
detailed statement of any adverse effects on energy supply, 
distribution, or use should the proposal be implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    The proposed regulatory action to amend the test procedure for 
measuring the energy efficiency of DHE is not a significant regulatory 
action under Executive Order 12866. Moreover, it would not have a 
significant adverse effect on the supply, distribution, or use of 
energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition.
    The proposed amendments to the Federal test procedure for DHE are 
primarily in response to modifications to certain sections of the 
applicable industry consensus standards (i.e., ASNI/ASHRAE 103-2017, 
ANSI Z21.86-2016, ASTM D2156-09 (2018), IEC 62301 (edition 2.0, 2011-
01), UL 729-2016, UL 730-2016, and UL 897-2016). DOE has evaluated 
these standards and is unable to conclude whether they fully comply 
with the requirements of section 32(b) of the FEAA (i.e., whether they 
were developed in a manner that fully provides for public 
participation, comment, and review.) DOE will consult with both the 
Attorney General and the Chairman of the FTC concerning the impact of 
these test procedures on competition, prior to prescribing a final 
rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the 
following test standards:
    (1) The test standard published by ANSI/ASHRAE, titled ``Method of 
Testing for Annual Fuel Utilization Efficiency of Residential Central 
Furnaces and Boilers,'' ANSI/ASHRAE 103-2017. ANSI/ASHRAE 103-2017 is 
an industry-accepted test procedure for determining the annual fuel 
utilization efficiency of consumer furnaces and boilers. Specifically, 
the test procedure amendments proposed by this NOPR reference sections 
of that industry consensus standard regarding test set-up for oil-
fueled DHE (including instrumentation and measurement descriptions for 
oil burner adjustments), and instructions on calculating jacket losses 
in vented floor heaters and calculations for draft factors. Copies of 
ANSI/ASHRAE 103-2017 can be obtained from ASHRAE, 1791 Tullie Circle 
NE, Atlanta, GA 30329, (800) 527-4723 or (404) 636-8400, or online at: 
http://www.ashrae.org.
    (2) The test standard published by ANSI, titled ``Vented Gas-fired 
Space Heating Appliances,'' ANSI Z21.86-2016. ANSI Z21.86 is an 
industry-accepted test procedure for vented gas-fired space heating 
appliances. Specifically, the test procedure amendments proposed by 
this NOPR reference sections of that industry consensus standard 
regarding the set-up specifications for vented wall DHE, instructions 
for gas usage other than natural gas or propane, instructions for 
measuring discharge temperatures of forced air, vented, wall DHE, and 
descriptions of thermocouple installation in gas-fueled, vented DHEs. 
Copies of ANSI Z21.86-2016 can be obtained from ANSI, 25 W 43rd Street, 
4th Floor, New York, NY 10036, (212) 642-4900, or online at: http://www.ansi.org.
    (3) The test standard published by ASTM, titled ``Standard Test 
Method for Smoke Density in Flue Gases from Burning Distillate Fuels,'' 
ASTM D2156-09 (2018). ASTM D2156 is an industry-accepted test procedure 
for measuring smoke density in flue gases from burning distillate 
fuels. Specifically, the test procedure amendments proposed by this 
NOPR reference sections of that industry consensus standard regarding 
providing smoke density levels which are measured during for the 
steady-state test. Copies of ASTM D2156-09 (2018) can be obtained from 
ASTM, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 
19428-2959 or online at: www.astm.org.
    (4) The test standard published by IEC, titled ``Household 
electrical appliances-Measurement of standby power,'' IEC 62301 
(Edition 2.0, 2011-01). IEC 62301 is an industry-accepted test 
procedure for the measurement of standby power modes in household 
electrical appliances. Specifically, the test procedure amendments 
proposed by this NOPR reference sections of that industry consensus 
standard regarding measurment of electrical standby mode and off mode 
power consumption. Copies of IEC 62301 (Second Edition) can be obtained 
from the American National Standards Institute, 25 W 43rd Street, 4th 
Floor, New York, NY 10036, (212) 642-4900, or online at: http://webstore.ansi.org.
    (5)-(7) The test standards published by UL: ``Standard for Safety 
for Oil-fired Floor Furnaces,'' ``Standard for Safety for Oil-fired 
Wall Furnaces,'' and ``Standard for Safety for Oil-burning Stoves,'' UL 
729-2016, UL 730-2016, and UL 896-2016, respectively. UL 729, UL 730, 
UL 896 are industry-accepted test procedures for oil-fired floor 
furnaces, oil-fired wall furnaces, and oil-burning stoves respectively. 
Specifically, the test procedure amendments proposed by this NOPR 
reference sections of those industry consensus standards regarding 
vented floor and wall DHE test installation and instructions for flue 
and thermocouple installation for oil fueled, vented floor DHEs. Copies 
of UL 729-2016, UL 730-2016, and UL 896-2016 can be obtained from UL at 
2600 NW Lake Rd., Camas, WA 98607-8542 or online at: www.ul.com.

V. Public Participation

A. Participation in the Webinar

    The time and date of the webinar are listed in the DATES section at 
the beginning of this document. Webinar registration information, 
participant instructions, and information about the capabilities 
available to webinar participants will be published on DOE's website: 
http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/41. Participants are responsible for ensuring their systems 
are compatible with the webinar software.

[[Page 20070]]

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
proposed rulemaking, or who is representative of a group or class of 
persons that has an interest in these issues, may request an 
opportunity to make an oral presentation at the webinar. Such persons 
may submit requests to speak by email to the Appliance and Equipment 
Standards Program, [email protected]. Persons who 
wish to speak should include with their request a computer file in 
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that 
briefly describes the nature of their interest in this rulemaking and 
the topics they wish to discuss. Such persons should also provide a 
daytime telephone number where they can be reached.
    Persons requesting to speak should briefly describe the nature of 
their interest in this rulemaking and provide a telephone number for 
contact. DOE requests persons selected to make an oral presentation to 
submit an advance copy of their statements at least two weeks before 
the webinar. At its discretion, DOE may permit persons who cannot 
supply an advance copy of their statement to participate, if those 
persons have made advance alternative arrangements with the Building 
Technologies Office. As necessary, requests to give an oral 
presentation should ask for such alternative arrangements.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar and may 
also use a professional facilitator to aid discussion. The meeting will 
not be a judicial or evidentiary-type public hearing, but DOE will 
conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A 
court reporter will be present to record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the webinar. There shall not be discussion of proprietary information, 
costs or prices, market share, or other commercial matters regulated by 
U.S. anti-trust laws. After the webinar and until the end of the 
comment period, interested parties may submit further comments on the 
proceedings and any aspect of the rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will present summaries of comments received before the webinar, allow 
time for prepared general statements by participants, and encourage all 
interested parties to share their views on issues affecting this 
rulemaking. Each participant will be allowed to make a general 
statement (within time limits determined by DOE), before the discussion 
of specific topics. DOE will permit, as time permits, other 
participants to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions by DOE and by other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the 
webinar will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the above procedures that 
may be needed for the proper conduct of the webinar.
    A transcript of the webinar will be included in the docket, which 
can be viewed as described in the Docket section at the beginning of 
this NOPR. In addition, any person may buy a copy of the transcript 
from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
    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. Comments and documents submitted via 
email 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. 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,

[[Page 20071]]

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 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. 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).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests comment on its proposed changes to the definitions 
for ``electric heater,'' ``primary heater,'' ``unvented gas heater,'' 
``unvented home heating equipment,'' and ``unvented oil heater'' in 10 
CFR 430.2, as well as on its proposed change in terminology from 
``primary heater'' and ``supplementary heater'' to ``primary electric 
heater'' and ``supplementary electric heater,'' respectively.
    (2) DOE requests comment on its proposed changes to the definitions 
for ``vented home heating equipment'' and ``vented room heater'' in 10 
CFR 430.2. DOE also requests additional comment on the definitions for 
vented home heating equipment in section 1.0 of Appendix O, and on its 
tentative determination that no changes are necessary.
    (3) DOE seeks comment on its proposal to incorporate by reference 
ANSI/ASHRAE 103-2017 with modifications. In particular, DOE is 
interested in receiving comment on its proposal to add the oil pressure 
measurement error value, which was omitted from ANSI/ASHRAE 103-2017, 
to Appendix O, and on its proposal to remove the mention of sections 
8.8.3 and 9.10 within section 3.6.2.4.2 of Appendix O.
    (4) DOE requests comment on its tentative determination to not 
include standby mode and off mode energy consumption into the annual 
energy consumption for unvented heaters.
    (5) DOE requests comment on its proposal with regard to the 
automatic operational mode for testing models with multiple automatic 
operation modes. DOE requests data and information on the consumer use 
of different automatic operational modes when offered on a vented 
heater. DOE is interested in receiving comment on the characteristics 
of the mode recommended by manufacturers for normal operation, on how 
such mode is described in the manufacturer's installation and 
operations manual when provided, and on which models currently 
available on the market include multiple automatic operation modes.
    (6) DOE requests comment on its proposals to allow a manufacturer-
specified value for gas supply pressure if test conditions are not 
achievable at a gas supply pressure of 7 to 10 inches water column for 
natural gas or 11-13 inches water column for propane gas, to require 
the regulator outlet pressure be within the greater of  10 
percent of the manufacturer-specified manifold pressure or  
0.2 inches water column, to require the specific gravity of natural gas 
be between 0.57 and 0.70 and for propane gas be between 1.522 and 
1.574, to remove the phrase ``normal'' from sections 2.3.1 and 2.3.2 of 
Appendix O, and to replace ``normal hourly Btu input rating'' with 
``maximum hourly Btu input rating'' within section 2.4.2 of Appendix O.
    (7) DOE seeks comment on its proposal to allow the use of five 
thermocouples, rather than nine thermocouples, in vented heaters with a 
vent diameter of 2 inches or less.
    (8) DOE requests comment on its proposal to specify input rate 
instructions for the cyclic condensate collection test.
    (9) DOE requests comment on its proposed rewording of the variance 
condition between cycles to clarify that the standard deviation must be 
less than or equal to 20 percent of the mean, for determining whether 
the cyclic condensate mass collection must be performed for three 
cycles or six cycles.
    (10) DOE requests comment its proposed changes to the radiation 
shielding requirements within sections 2.6.1, 2.6.2, and 2.9 of 
Appendix O. In particular, DOE seeks information as to what methods are 
currently being used to determine whether a thermocouple would require 
a radiation shield and also what types of materials are currently used 
as radiation shields.
    (11) DOE seeks additional comment and data on whether the DHE test 
method affects DHE utility or performance, specifically including 
whether there are impacts on features such as air circulation and space 
humidification.
    (12) DOE requests comment on the benefits and burdens of the 
proposed updates and additions to industry standards referenced in the 
test procedures for DHE.

VI. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Small businesses.

Signing Authority

    This document of the Department of Energy was signed on April 2, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for 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 2, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 of Chapter II of Title 10, Code of Federal Regulations as set 
forth below:

[[Page 20072]]

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.2 is amended by revising the definitions of ``Electric 
heater,'' ``Floor electric heater,'' ``Primary heater,'' 
``Supplementary heater,'' ``Unvented gas heater,'' ``Unvented home 
heating equipment or unvented heater,'' ``Unvented oil heater,'' 
``Vented home heating equipment or vented heater,'' and ``Vented room 
heater'' to read as follows:


Sec.  430.2   Definitions.

* * * * *
    Electric heater means an electric appliance which is a class of 
unvented home heating equipment 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.
* * * * *
    Floor electric heater means an electric heater which is intended to 
be recessed in a floor, and which transfers heat by radiation and/or 
convection (either natural or forced).
* * * * *
    Primary electric heater means an electric heater that is the 
principal source of heat for a structure and includes baseboard 
electric heaters, ceiling electric heaters, floor electric heaters, and 
wall electric heaters.
* * * * *
    Supplementary electric heater means an electric heater that 
provides heat to a space in addition to that which is supplied by a 
primary electric heater and includes portable electric heaters.
* * * * *
    Unvented gas heater means a class of unvented home heating 
equipment which is a self-contained, free-standing, nonrecessed gas-
burning appliance that furnishes heated air by gravity or fan 
circulation.
    Unvented home heating equipment or unvented heater means a class of 
home heating equipment, not including furnaces, designed to furnish 
heated air to a space proximate to such heater, directly from the 
heater, without inlet duct connections and without exhaust venting, and 
includes: Electric heater, unvented gas heater, and unvented oil 
heater.
    Unvented oil heater means a class of unvented home heating 
equipment which is a self-contained, free-standing, nonrecessed oil-
burning appliance that furnishes heated air by gravity or fan 
circulation.
* * * * *
    Vented home heating equipment or vented heater means a class of 
home heating equipment, not including furnaces, designed to furnish 
heated air to a space proximate to such heater, directly from the 
heater, without inlet duct connections (except that boots not to exceed 
10 inches beyond the casing may be permitted), and with exhaust 
venting, and includes: Vented wall furnace, vented floor furnace, and 
vented room heater.
    Vented room heater means a self-contained, free standing, 
nonrecessed, vented heater for furnishing heated 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.
* * * * *
0
3. Section 430.3 is amended by:
0
a. Revising paragraphs (e)(25) and (g)(12);
0
b. Redesignating paragraphs (g)(13) and (14) as (g)(14) and (15), 
respectively;
0
c. Adding new paragraph (g)(13);
0
d. Revising paragraph (j)(1) and adding paragraph (j)(3); and
0
e. Revising paragraphs (v)(1) through (3).
    The revisions and additions read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (e) * * *
    (25) ANSI Z21.86-2016, (``ANSI Z21.86-2016''), Vented Gas-Fired 
Space Heating Appliances, Sixth Edition, approved December 21, 2016, 
IBR approved for appendix O to subpart B.
* * * * *
    (g) * * *
    (12) ANSI/ASHRAE Standard 103-2007, (``ASHRAE 103-2007''), Method 
of Testing for Annual Fuel Utilization Efficiency of Residential 
Central Furnaces and Boilers, ANSI approved March 25, 2008, IBR 
approved for appendix AA to subpart B.
    (13) ANSI/ASHRAE Standard 103-2017, (``ASHRAE 103-2017''), Method 
of Testing for Annual Fuel Utilization Efficiency of Residential 
Central Furnaces and Boilers, ANSI approved July 3, 2017, IBR approved 
for appendix O to subpart B.
* * * * *
    (j) * * *
    (1) ASTM D2156-09, (``ASTM D2156''), Standard Test Method for Smoke 
Density in Flue Gases from Burning Distillate Fuels, ASTM approved 
December 1, 2009, IBR approved for appendix E to subpart B.
* * * * *
    (3) ASTM D2156-09 (Reapproved 2018) (``ASTM D2156-09 (RA 2018)''), 
Standard Test Method for Smoke Density in Flue Gases from Burning 
Distillate Fuels, approved October 1, 2018, IBR approved for appendix O 
to subpart B.
* * * * *
    (v) * * *
    (1) UL 729-2003 (``UL 729-2003 (RA 2016)''), Standard for Safety 
for Oil-Fired Floor Furnaces, Sixth Edition, dated August 29, 2003, 
including revisions through November 22, 2016, IBR approved for 
appendix O to subpart B.
    (2) UL 730-2003 (``UL 730-2003 (RA 2016)''), Standard for Safety 
for Oil-Fired Wall Furnaces, Fifth Edition, dated August 29, 2003, 
including revisions through November 22, 2016, IBR approved for 
appendix O to subpart B.
    (3) UL 896-1993 (``UL 896-1993 (RA 2016)''), Standard for Safety 
for Oil-Burning Stoves, Fifth Edition, dated July 29, 1993, including 
revisions through November 22, 2016, IBR approved for appendix O to 
subpart B.
0
4. Appendix O to subpart B of part 430 is amended by:
0
a. Revising the introductory note;
0
b. Adding section 0; and
0
c. Revising sections 2.0, 3.1.2, 3.2, 3.6.2.4.2, and 3.8.2;
    The additions and revisions read as follows:

Appendix O to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Vented Home Heating Equipment

    Note: Prior to [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL 
RULE IN THE Federal Register], representations with respect to the 
energy use or efficiency of vented home heating equipment, including 
compliance certifications, must be based on testing conducted in 
accordance with either this appendix as it now appears or appendix O 
as it appeared at 10 CFR part 430, subpart B revised as of January 
1, 2019.

    On and after [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE 
FINAL RULE IN THE Federal Register], representations with respect to 
energy use or efficiency of vented home heating equipment, including 
compliance certifications, must be based on testing conducted in 
accordance with this appendix.

0. Incorporated by Reference

    DOE incorporated by reference in Sec.  430.3: ANSI Z21.86-2016; 
ASHRAE Standard 103-

[[Page 20073]]

2017; ASTM D2156-09 (2018); IEC 62301; UL 729-2003 (RA 2016); UL 
730-2003 (RA 2016); and UL 896-1993- (RA 2016) in their entirety. 
However, only enumerated provisions of ANSI Z21.86-2016; ASHRAE 103-
2017, UL 729-2003 (RA 2016), UL 730-2003 (RA 2016); and UL 896-1993 
(RA 2016) are applicable to this appendix, as follows:

(1) ANSI Z21.86-2016
    (i) Section 5.2--Test gases
    (ii) Section 9.1.3
    (iii) Section 11.1.3
    (iv) Section 11.7--Temperature at discharge air opening and 
surface temperatures
(2) ASHRAE 103-2017
    (i) Section 6--INSTRUMENTS
    (ii) Section 8.2.2.3.1--Oil Supply
    (iii) Section 8.6--Jacket Loss Measurement
    (iv) Section 8.8.3--Additional Optional Method of Testing for 
Determining DP and DF for Furnaces and Boilers
    (v) Section 9.10--Optional Test Procedures for Condensing 
Furnaces and Boilers that Have no OFF-Period Flue Losses
(3) UL 729-2003 (RA 2016)
    (i) Section 38.1--Enclosure
    (ii) Section 38.2--Chimney connector
(4) UL 730-2003 (RA 2016)
    (i) Section 36.1--Enclosure
    (ii) Section 36.2--Chimney connector
    (iii) Sections 37.5.8 through 37.5.18
(5) UL 896-1993 (RA 2016)
    (i) Section 37.1.2
    (ii) Section 37.1.3
* * * * *
    2.0 Testing conditions.
    2.1 Installation of test unit.
    2.1.1 Vented wall furnaces (including direct vent systems). 
Install non-direct vent gas fueled vented wall furnaces as specified 
in section 11.1.3 of ANSI Z21.86-2016 (incorporated by reference, 
see Sec.  430.3). Install direct vent gas fueled vented wall 
furnaces as specified in section 9.1.3 of ANSI Z21.86-2016 
(incorporated by reference, see Sec.  430.3). Install oil-fueled 
vented wall furnaces as specified in section 36.1 of UL 730-2016 
(incorporated by reference, see Sec.  430.3).
    2.1.2 Vented floor furnaces. Install vented floor furnaces for 
test as specified in section 38.1 of UL 729-2003 (RA 2016) 
(incorporated by reference, see Sec.  430.3).
    2.1.3 Vented room heaters. Install vented room heaters for test 
in accordance with the manufacturer's installation and operations 
(I&O) manual provided with the unit.
    2.2 Flue and stack requirements.
    2.2.1 Gas fueled vented home heating equipment employing 
integral draft diverters and draft hoods (excluding direct vent 
systems). Attach to, and vertically above the outlet of gas-fueled 
vented home heating equipment employing draft diverters or draft 
hoods with vertically discharging outlets, a five (5) foot long test 
stack having a cross-sectional area the same size as the draft 
diverter outlet.
    Attach to the outlet of vented heaters having a horizontally 
discharging draft diverter or draft hood outlet a 90 degree elbow, 
and a five (5) foot long vertical test stack. A horizontal section 
of pipe may be used on the floor furnace between the diverter and 
the elbow, if necessary, to clear any framing used in the 
installation. Use the minimum length of pipe possible for this 
section. Use stack, elbow, and horizontal section with same cross-
sectional area as the diverter outlet.
    2.2.2 Oil-fueled vented home heating equipment (excluding direct 
vent systems). Use flue connections for oil-fueled vented floor 
furnaces as specified in section 38.2 of UL 729-2003 (RA 2016), 
sections 36.2 of UL 730-2003 (RA 2016) for oil-fueled vented wall 
furnaces, and sections 37.1.2 and 37.1.3 of UL 896-1993 (RA 2016) 
(all incorporated by reference, see Sec.  430.3) for oil-fueled 
vented room heaters.
    2.2.3 Direct vent systems. Have the exhaust/air intake system 
supplied by the manufacturer in place during all tests. Test units 
intended for installation with a variety of vent pipe lengths with 
the minimum length recommended by the manufacturer in the I&O 
manual. Do not connect a heater employing a direct vent system to a 
chimney or induced draft source. Vent the gas solely on the 
provision for venting incorporated in the heater and the vent/air 
intake system supplied with it.
    2.2.4 Condensing vented heater, additional flue requirements. 
The flue pipe installation must not allow condensate formed in the 
flue pipe to flow back into the unit. An initial downward slope from 
the unit's exit, an offset with a drip leg, annular collection 
rings, or drain holes must be included in the flue pipe installation 
without disturbing normal flue gas flow. Flue gases should not flow 
out of the drain with the condensate. For condensing vented heaters 
that do not include means for collection of condensate, a means to 
collect condensate must be supplied by the test lab for the purposes 
of testing.
    2.3 Fuel supply.
    2.3.1 Natural gas. For a gas-fueled vented heater, maintain the 
gas supply to the unit under test at an inlet test pressure 
immediately ahead of all controls at 7 to 10 inches water column. If 
the heater is equipped with a gas appliance pressure regulator, 
maintain the regulator outlet pressure within the greater of 10 percent of the manufacturer's specified manifold pressure 
on the nameplate of the unit or in the I&O manual or 0.2 
inches water column. Use natural gas having a specific gravity 
between 0.57 and 0.70 and a higher heating value within 5 percent of 1,025 Btus per standard cubic foot. Determine the 
actual higher heating value in Btu's per standard cubic foot for the 
natural gas to be used in the test with an error no greater than one 
percent. If the burner cannot be adjusted to obtain a heat input 
rate of within 2 percent of the hourly Btu rating 
specified by the manufacturer on the nameplate of the unit or in the 
I&O manual, as required by section 2.4.1, the gas supply to the unit 
under test at an inlet test pressure immediately ahead of all 
controls may be set to any value within the range specified on the 
nameplate of the unit or in the I&O manual.
    2.3.2 Propane gas. For a propane-gas-fueled vented heater, 
maintain the gas supply to the unit under test at an inlet pressure 
of 11 to 13 inches water column. If the heater is equipped with a 
gas appliance pressure regulator, maintain the regulator outlet 
pressure within the greater of  10 percent of the 
manufacturer's specified manifold pressure on the nameplate of the 
unit or in the I&O manual or  0.2 inches water column . 
Use propane having a specific gravity between 1.522 and 1.574 and a 
higher heating value within 5 percent of 2,500 Btus per 
standard cubic foot. Determine the actual higher heating value in 
Btu's per standard cubic foot for the propane to be used in the 
test. If the burner cannot be adjusted to obtain a heat input rate 
of within  2 percent of the hourly Btu rating specified 
by the manufacturer on the nameplate of the unit or in the I&O 
manual, as required by section 2.4.1, the gas supply to the unit 
under test at an inlet test pressure immediately ahead of all 
controls may be set to any value within the range specified on the 
nameplate of the unit or in the I&O manual.
    2.3.3 Other test gas. For vented heaters fueled by other test 
gases, use test gases with characteristics as described in Table 3 
of section 5.2 of ANSI Z21.86-2016 (incorporated by reference, see 
Sec.  430.3). Use gases with a measured higher heating value within 
5 percent of the values specified in Table 3 of section 
5.2 of ANSI Z21.86-2016. Determine the actual higher heating value 
of the gas used in the test with an error no greater than one 
percent.
    2.3.4 Oil supply. For an oil-fueled vented heater, use No. 1 
fuel oil (kerosene) for vaporizing-type burners and either No. 1 or 
No. 2 fuel oil, as specified by the manufacturer in the I&O manual 
provided with the unit, for mechanical atomizing type burners. Use 
test fuel conforming to the specifications given in Tables 2 and 3 
of section 8.2.2.3.1 of ASHRAE 103-2017 (incorporated by reference, 
see Sec.  430.3). Measure the higher heating value of the test fuel 
within 1 percent.
    2.3.5 Electrical supply. For auxiliary electric components of a 
vented heater, maintain the electrical supply to the test unit 
within 1 percent of the nameplate voltage for the entire 
test cycle. If a voltage range is used for nameplate voltage, 
maintain the electrical supply within 1 percent of the 
mid-point of the nameplate voltage range.
    2.4 Burner adjustments.
    2.4.1 Gas burner adjustments. Adjust the burners of gas-fueled 
vented heaters to their maximum Btu ratings at the test pressure 
specified in section 2.3 of this appendix. Correct the burner 
volumetric flow rate to 60 [deg]F (15.6C) and 30 inches of mercury 
barometric pressure, set the fuel flow rate to obtain a heat rate of 
within 2 percent of the hourly Btu rating specified by 
the manufacturer on the nameplate of the unit or the I&O manual as 
measured after 15 minutes of operation, starting with all parts of 
the vented heater at room temperature. Set the primary air shutters 
in accordance with the manufacturer's recommendations on the 
nameplate of the unit or the I&O manual to give a good flame at this 
adjustment. Do not allow the deposit of carbon during any test 
specified herein.
    If a vent limiting means is provided on a gas pressure 
regulator, have it in place during all tests.
    For gas-fueled heaters with modulating controls, adjust the 
controls to operate the

[[Page 20074]]

heater at the maximum fuel input rate. Set the thermostat control to 
the maximum setting. Start the heater by turning the safety control 
valve to the ``on'' position. In order to prevent modulation of the 
burner at maximum input, place the thermostat sensing element in a 
temperature control bath which is held at a temperature below the 
maximum set point temperature of the control.
    For gas-fueled heaters with modulating controls, adjust the 
controls to operate the heater at the reduced fuel input rate. Set 
the thermostat control to the minimum setting. Start the heater by 
turning the safety control valve to the ``on'' position. If ambient 
test room temperature is above the lowest control set point 
temperature, initiate burner operation by placing the thermostat 
sensing element in a temperature control bath that is held at a 
temperature below the minimum set point temperature of the control.
    2.4.2 Oil burner adjustments. Adjust the burners of oil-fueled 
vented heaters to give the CO2 reading recommended by the 
manufacturer and an hourly Btu input, during the steady-state 
performance test described below, which is within 2 
percent of the heater manufacturer's specified hourly Btu input 
rating on the nameplate of the unit or in the I&O manual . On units 
employing a power burner, do not allow smoke in the flue to exceed a 
No. 1 smoke during the steady-state performance test as measured by 
the procedure in ASTM D2156-09 (RA 2018) (incorporated by reference, 
see Sec.  430.3). If, on units employing a power burner, the smoke 
in the flue exceeds a No. 1 smoke during the steady-state test, 
readjust the burner to give a lower smoke reading, and, if 
necessary, a lower CO2 reading, and start all tests over. 
Maintain the average draft over the fire and in the flue during the 
steady-state performance test at that recommended by the 
manufacturer within 0.005 inches of water gauge. Do not 
make additional adjustments to the burner during the required series 
of performance tests. The instruments and measuring apparatus for 
this test are described in section 6 and shown in Figure 8 of ASHRAE 
103-2017. Calibrate instruments for measuring oil pressure so that 
the error is no greater than 0.5 psi.
    2.5 Circulating air adjustments.
    2.5.1 Forced-air vented wall furnaces (including direct vent 
systems). During testing, maintain the air flow through the heater 
as specified by the manufacturer in the I&O manual provided with the 
unit and operate the vented heater with the outlet air temperature 
between 80 [deg]F and 130 [deg]F above room temperature. If 
adjustable air discharge registers are provided, adjust them so as 
to provide the maximum possible air restriction. Measure air 
discharge temperature as specified in section 11.7.2 of ANSI Z21.86-
2016.
    2.5.2 Fan-type vented room heaters and floor furnaces. During 
tests on fan-type furnaces and heaters, adjust the air flow through 
the heater as specified by the manufacturer. If adjustable air 
discharge registers are provided, adjust them to provide the maximum 
possible air restriction.
    2.6 Location of temperature measuring instrumentation.
    2.6.1 Gas-fueled vented home heating equipment (including direct 
vent systems). Install thermocouples for measuring the heated air 
temperature as described in section 11.7.5 of ANSI Z21.86-2016. 
Establish the temperature of the inlet air by means of a single No. 
24 AWG bead-type thermocouple located in the center of the plane of 
each inlet air opening. Use bead-type thermocouples having wire size 
not greater than No. 24 American Wire Gauge (AWG). If a thermocouple 
has a direct line of sight with the fire, install a radiation 
shield, meeting the material and minimum thickness requirements from 
section 8.14.1 of ANSI Z21.86-2016, on the fire side of the 
thermocouple only and position the shield so that it does not touch 
the thermocouple junction.
    2.6.1.1 Integral draft diverter. For units employing an integral 
draft diverter, install nine thermocouples, wired in parallel, in a 
horizontal plane in the five foot test stack located one foot from 
the test stack inlet. Equalize the length of all thermocouple leads 
before paralleling. Locate one thermocouple in the center of the 
stack. Locate eight thermocouples along imaginary lines intersecting 
at right angles in this horizontal plane at points one third and two 
thirds of the distance between the center of the stack and the stack 
wall.
    For units with a stack diameter 2 inches or less, five 
thermocouples may be installed instead of nine. Locate one 
thermocouple in the center of the stack. Locate four thermocouples 
along imaginary lines intersecting at right angles in this 
horizontal plane at points halfway between the center of the stack 
and the stack wall.
    2.6.1.2 Direct vent system. For units which employ a direct vent 
system, locate at least one thermocouple at the center of each flue 
way exiting the heat exchanger. Provide radiation shields if the 
thermocouples are exposed to burner radiation.
    2.6.1.3 Draft hood or direct vent system which does not 
intentionally preheat incoming air. For units which employ a draft 
hood or units which employ a direct vent system which does not 
intentionally preheat the incoming combustion air, such as a non-
concentric direct vent system, install nine thermocouples, wired in 
parallel, in a horizontal plane located within 12 inches (304.8 mm) 
of the heater outlet and upstream of the draft hood on units so 
equipped. Locate one thermocouple in the center of the pipe and 
eight thermocouples along imaginary lines intersecting at right 
angles in this horizontal plane at points one third and two thirds 
of the distance between the center of the pipe and the pipe wall.
    For units with a flue pipe diameter of 2 inches or less, five 
thermocouples may be installed instead of nine. Locate one 
thermocouple in the center of the pipe and four thermocouples along 
imaginary lines intersecting at right angles in this horizontal 
plane at points halfway between the center of the pipe and the pipe 
wall.
    2.6.1.4 Direct vent system which intentionally preheat incoming 
air. For units which employ direct vent systems that intentionally 
preheat the incoming combustion air, such as a concentric direct 
vent system, install nine thermocouples, wired in parallel, in a 
plane parallel to and located within 6 inches (152.4 mm) of the 
vent/air intake terminal. Equalize the length of all thermocouple 
leads before paralleling. Locate one thermocouple in the center of 
the flue pipe and eight thermocouples along imaginary lines 
intersecting at right angles in this plane at points one third and 
two thirds of the distance between the center of the flue pipe and 
the pipe wall.
    For units with a flue pipe diameter of 2 inches or less, five 
thermocouples may be installed instead of nine. Locate one 
thermocouple in the center of the flue pipe and four thermocouples 
along imaginary lines intersecting at right angles in this plane at 
points halfway between the center of the flue pipe and the pipe 
wall.
    2.6.2 Oil-fueled vented home heating equipment (including direct 
vent systems). Install thermocouples for measuring the heated air 
temperature as described in sections 37.5.8 through 37.5.18 of UL 
730-2003 (RA 2016) . Establish the temperature of the inlet air by 
means of a single No. 24 AWG bead-type thermocouple located in the 
center of the plane of each inlet air opening. Use bead-type 
thermocouples having a wire size not greater than No. 24 AWG. If 
there is a thermocouple that has a direct line of sight with the 
fire, install a radiation shield, meeting the material and minimum 
thickness requirements from section 8.14.1 of ANSI Z21.86-2016, on 
the fire side of the thermocouple only and position the shield so 
that it does not touch the thermocouple junction.
    Install nine thermocouples, wired in parallel and having equal 
length leads, in a plane perpendicular to the axis of the flue pipe. 
Locate this plane at the position shown in Figure 36.4 of UL 730-
2003 (RA 2016), or Figure 38.1 and 38.2 of UL 729-2003 (RA 2016) for 
a single thermocouple, except that on direct vent systems which 
intentionally preheat the incoming combustion air, locate this plane 
within 6 inches (152.5 mm) of the outlet of the vent/air intake 
terminal. Locate one thermocouple in the center of the flue pipe and 
eight thermocouples along imaginary lines intersecting at right 
angles in this plane at points one third and two thirds of the 
distance between the center of the pipe and pipe wall.
    For units with a flue pipe diameter of 2 inches or less, five 
thermocouples may be installed instead of nine. Wire the 
thermocouples in parallel with equal length leads, in a plane 
perpendicular to the axis of the flue pipe. Locate this plane at the 
position shown in Figure 36.4 of UL 730-2003 (RA 2016), or Figure 
38.1 and 38.2 of UL 729-2003 (RA 2016) for a single thermocouple, 
except that on direct vent systems which intentionally preheat the 
incoming combustion air, locate this plane within 6 inches (152.5 
mm) of the outlet of the vent/air intake terminal. Locate one 
thermocouple in the center of the flue pipe and four thermocouples 
along imaginary lines intersecting at right angles in this plane at 
points halfway between the center of the pipe and pipe wall.
    2.7 Combustion measurement instrumentation. Analyze the samples 
of

[[Page 20075]]

stack and flue gases for vented heaters to determine the 
concentration by volume of carbon dioxide present in the dry gas 
with instrumentation which will result in a reading having an 
accuracy of 0.1 percentage point.
    2.8 Energy flow instrumentation. Install one or more 
instruments, which measure the rate of gas flow or fuel oil supplied 
to the vented heater, and if appropriate, the electrical energy with 
an error no greater than one percent.
    2.9 Room ambient temperature. The room ambient temperature shall 
be the arithmetic average temperature of the test area, determined 
by measurement with four No. 24 AWG bead-type thermocouples with 
junctions shielded against radiation using shielding meeting the 
material and minimum thickness requirements from section 8.14.1 of 
ANSI Z21.86-2016, located approximately at 90-degree positions on a 
circle circumscribing the heater or heater enclosure under test, in 
a horizontal plane approximately at the vertical midpoint of the 
appliance or test enclosure, and with the junctions approximately 24 
inches from sides of the heater or test enclosure and located so as 
not to be affected by other than room air.
    The value TRA is the room ambient temperature 
measured at the last of the three successive readings taken 15 
minutes apart described in section 3.1.1 or 3.1.2 as applicable. 
During the time period required to perform all the testing and 
measurement procedures specified in section 3.0 of this appendix, 
maintain the room ambient temperature within 5 [deg]F 
(2.8 C) of the value TRA. At no time during 
these tests shall the room ambient temperature exceed 100 [deg]F 
(37.8 C) or fall below 65 [deg]F (18.3 C).
    Locate a thermocouple at each elevation of draft relief inlet 
opening and combustion air inlet opening at a distance of 
approximately 24 inches from the inlet openings. The temperature of 
the air for combustion and the air for draft relief shall not differ 
more than 5 [deg]F from the room ambient temperature as 
measured above at any point in time. This requirement for combustion 
air inlet temperature does not need to be met once the burner is 
shut off during the testing described in sections 3.3 and 3.6 of 
this appendix.
    2.10 Equipment used to measure mass flow rate in flue and stack. 
The tracer gas chosen for this task should have a density which is 
less than or approximately equal to the density of air. Use a gas 
unreactive with the environment to be encountered. Using 
instrumentation of either the batch or continuous type, measure the 
concentration of tracer gas with an error no greater than 2 percent 
of the value of the concentration measured.
    2.11 Equipment with multiple control modes.
    2.11.1 For equipment that has both manual and automatic 
thermostat control modes, test the unit according to the procedure 
for its automatic control mode, i.e. single-stage, two-stage, or 
step-modulating.
    2.11.2 For equipment that has multiple automatic thermostat 
control modes, test in the default mode (or similarly-named mode 
identified for normal operation) as defined by the manufacturer in 
its I&O manual. If a default mode is not defined in the I&O manual, 
test in the mode that the equipment operates in as shipped from the 
manufacturer.
* * * * *
    3.1.2 Oil-fueled vented home heating equipment (including direct 
vent systems). Set up and adjust the vented heater as specified in 
sections 2.1, 2.2, and 2.3.4 of this appendix. Begin the steady-
state performance test by operating the burner and the circulating 
air blower, on units so equipped, with the adjustments specified by 
sections 2.4.2 and 2.5 of this appendix, until steady-state 
conditions are attained as indicated by a temperature variation of 
not more than 5 [deg]F (2.8 C) in the flue gas 
temperature in three successive readings taken 15 minutes apart. The 
measurements described in this section are to coincide with the last 
of these 15 minutes readings.
    For units equipped with power burners, do not allow smoke in the 
flue to exceed a No. 1 smoke during the steady-state performance 
test as measured by the procedure described in ASTM D2156-09 (RA 
2018). Maintain the average draft over the fire and in the breeching 
during the steady-state performance test at that recommended by the 
manufacturer 0.005 inches of water gauge.
    Measure the room temperature (TRA) as described in 
section 2.9 of this appendix. Measure the steady-state flue gas 
temperature (TF,SS) using nine thermocouples located in 
the flue pipe as described in section 2.6.2 of this appendix. From 
the plane where TF,SS was measured, collect a sample of 
the flue gas and determine the concentration by volume of 
CO2 (XCO2F) present in dry flue gas. Measure 
and record the steady-state heat input rate (Qin).
    For manually controlled oil fueled vented heaters, determine the 
steady-state efficiency at a fuel input rate that is within 5 percent of 50 percent of the maximum fuel input rate; or, if 
the design of the heater is such that the fuel input rate cannot be 
set to 5 percent of 50 percent of the maximum rated fuel 
input rate, determine the steady-state efficiency at the minimum 
rated fuel input rate as measured in section 3.1.2 of this appendix 
for manually controlled oil fueled vented heaters.
* * * * *
    3.2 Jacket loss measurement. Conduct a jacket loss test for 
vented floor furnaces. Measure the jacket loss (Lj) in accordance 
with ASHRAE 103-2017 section 8.6, applying the provisions for 
furnaces and not the provisions for boilers.
* * * * *
    3.6.2.4.2 If absolutely no smoke is drawn into the combustion 
air intake, the vented heater meets the requirements to allow use of 
the default draft factor of 0.05.
* * * * *
    3.8.2 Cyclic condensate collection tests. If existing controls 
do not allow for cyclical operation of the tested unit, install 
control devices to allow cyclical operation of the vented heater. 
Run three consecutive test cycles. For each cycle, operate the unit 
until flue gas temperatures at the end of each on-cycle, rounded to 
the nearest whole number, are within 5 [deg]F of each other for two 
consecutive cycles. On-cycle and off-cycle times are 4 minutes and 
13 minutes respectively. Control of ON and OFF operation actions 
shall be within 6 seconds of the scheduled time. For 
fan-type vented heaters, maintain circulating air adjustments as 
specified in section 2.5 of this appendix. Begin condensate 
collection at one minute before the on-cycle period of the first 
test cycle. Remove the container one minute before the end of each 
off-cycle period. Measure condensate mass for each test-cycle. The 
error associated with the mass measurement instruments shall not 
exceed 0.5 percent of the quantity measured.
    Record fuel input during the entire test period starting at the 
beginning of the on-time period of the first cycle to the beginning 
of the on-time period of the second cycle, from the beginning of the 
on-time period of the second cycle to the beginning of the on-time 
period of the third cycle, etc., for each of the test cycles. Record 
fuel HHV, temperature, and pressure necessary for determining fuel 
energy input, QC. Determine the mass of condensate for 
each cycle, MC, in pounds. If at the end of three cycles, 
the sample standard deviation is less than or equal to 20 percent of 
the mean value for three cycles, use total condensate collected in 
the three cycles as Mc; if not, continue collection for an 
additional three cycles and use the total condensate collected for 
the six cycles as MC. Determine the fuel energy input, 
QC, during the three or six test cycles, expressed in 
Btu.
    For units with step-modulating controls, conduct the cyclic 
condensate collection test at reduced input rate only. For units 
with two-stage controls, the cyclic condensate collection test is 
conducted at both maximum and reduced input rates unless the 
balance-point temperature (TC) as determined in section 
4.1.10 of this Appendix O is equal to or less than the typical 
outdoor design temperature of 5 [deg]F (-5 [deg]C), in which case 
test at reduced input rate only.
* * * * *
[FR Doc. 2021-07137 Filed 4-15-21; 8:45 am]
BILLING CODE 6450-01-P