[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30775-30794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10373]


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DEPARTMENT OF ENERGY

10 CFR Part 430

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


Energy Conservation Program: Test Procedures for Direct Heating 
Equipment

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') is amending the test 
procedure for direct heating equipment to incorporate by reference the 
most recent versions of the industry consensus test standards 
previously referenced in the Federal test procedure, while maintaining 
the existing oil pressure measurement error value. DOE is also updating 
definitions regarding unvented heaters, accounting for multiple 
operational modes, specifying the input rate for conducting the cyclic 
condensate collection test, specifying the use of manufacturer values 
for gas supply pressure in certain circumstances, specifying the 
allowable range of regulator outlet pressure and specific gravity, 
providing an option to use fewer thermocouples in the thermocouple grid 
for models with small-diameter flues, clarifying instructions for 
calculations regarding condensate mass measurements, and specifying the 
methods to appropriately shield thermocouples from radiation.

DATES: The effective date of this rule is June 21, 2022. The final rule 
changes will be mandatory for product testing starting November 16, 
2022. The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register on June 
21, 2022. The incorporation by reference of other publications listed 
in this rulemaking was approved by the Director of the Federal Register 
on January 16, 2013.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    A link to the docket web page can be found at www.regulations.gov/

[[Page 30776]]

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.
    For further information on how to review the docket contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, 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. Email: 
[email protected].
    Mr. Matthew Ring, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-2555. 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 maintains a previously approved 
incorporation by reference (IEC 62301 (Second Edition)) and 
incorporates 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., 180 Technology Parkway NW, Peachtree Corners, GA 30092, (800) 
527-4723 or (404) 636-8400, or online at: www.ashrae.org.

ANSI Standard Z21.86-2016 [middot] CSA 2.32-2016 (``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 CSA Group, 178 
Rexdale Blvd., Toronto, ON, Canada M9W 1R3 or the American National 
Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036, 
(212) 642-4900, or online at: www.csagroup.org/store/ or www.ansi.org.

ASTM International (``ASTM'') D2156-09 (Reapproved 2018) (``ASTM D2156-
09 (R2018)''), ``Standard Test Method for Smoke Density in Flue Gases 
from Burning Distillate Fuels,'' reapproved October 1, 2018.

    Copies of ASTM D2156-09 (R2018) can be obtained from ASTM 
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 (``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: www.webstore.ansi.org.

Underwriters Laboratories, Inc. (``UL'') 729 (``UL 729-2016''), 
``Standard for Safety for Oil-Fired Floor Furnaces,'' approved November 
22, 2016.
UL 730 (``UL 730-2016''), ``Standard for Safety for Oil-Fired Wall 
Furnaces,'' approved November 22, 2016.
UL 896 (``UL 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.N 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 Final Rule
III. Discussion
    A. Definitions
    1. Unvented Heaters
    2. Vented Heaters
    B. Updates to Industry Consensus Test Methods
    C. Unvented Heaters
    1. Standby Mode and Off Mode Energy Consumption
    2. Efficiency Assumption
    D. Vented Heaters
    1. Models With Multiple Automatic Operation Modes
    2. Fuel Supply and Burner Adjustments
    3. Flue Thermocouples
    4. Cyclic Condensate Collection Test
    5. Other Vented Heater Topics
    E. Performance and Utility
    F. Test Procedure Costs, Harmonization, and Other Topics
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Consensus Standards
    G. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Direct heating equipment (``DHE'') is included in the list of 
``covered products'' for which DOE is authorized to establish and amend 
energy conservation standards and test procedures. (42 U.S.C. 
6292(a)(9)) DOE defines ``direct heating equipment'' as vented home 
heating equipment and unvented home heating equipment. 10 CFR 430.2. 
(Hereafter in this final rule, 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 20112, 20130 (April 16, 2010). The appendix G test procedure 
includes neither a method for measuring energy

[[Page 30777]]

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 (for 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\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \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))
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    \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)), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    The energy conservation program under EPCA consists essentially of 
four 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 under EPCA (42 U.S.C. 6295(s)), and (2) 
making representations about the efficiency of those products (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant 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) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section 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 (as determined by the Secretary) or period of use and shall 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 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 62807 \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.
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7:2018).
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    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including DHE, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not be 
unduly burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle or period of 
use. (42 U.S.C. 6293(b)(1)(A))
    If the Secretary determines, on her 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. DOE is publishing this final rule in satisfaction of the 7-
year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

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 published a notice of proposed rulemaking 
(``NOPR'') on April 16, 2021 (``April 2021 NOPR'') that provides the 
full history of test procedure rulemakings for unvented heaters and 
vented heaters. 86 FR 20053, 20055-20056.
    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 are considered to be 100-percent 
efficient during the heating season 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.

[[Page 30778]]

    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.
    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. Following the February 2019 RFI, DOE published the April 2021 
NOPR. 86 FR 20053.
    DOE received comments in response to the April 2021 NOPR from the 
interested parties listed in Table I.1.

                         Table I.1--Comments Received in Response to the April 2021 NOPR
----------------------------------------------------------------------------------------------------------------
                                           Reference in this Final
              Commenter(s)                          Rule                            Commenter type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance            AHAM......................  Trade Association.
 Manufacturers.
Air-conditioning, Heating, and           AHRI......................  Trade Association.
 Refrigeration Institute.
Pacific Gas and Electric Company,        CA IOUs...................  Utility.
 Southern California Edison, and San
 Diego Gas & Electric Company;
 collectively, the California Investor-
 Owned Utilities.
Ethel Kecaph...........................  Ethel Kecaph..............  Individual.
Flux Tailor............................  Flux Tailor...............  Consultant.
Appliance Standards Awareness Project,   Joint Advocates...........  Efficiency Organizations.
 Natural Resources Defense Council.
Northwest Energy Efficiency Alliance...  NEEA......................  Efficiency Organization.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a quoted or paraphrased 
comment provides the location of the item in the public record.\5\
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    \5\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for DHE. (Docket No. EERE-2019-BT-TP-0003, which is 
maintained at www.regulations.gov). The references are arranged as 
follows: (Commenter name, comment docket ID number, page of that 
document).
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II. Synopsis of the Final Rule

    In this final rule, DOE amends the test procedures for unvented and 
vented heaters (Appendices G and O, respectively) and several 
associated definitions in 10 CFR 430.2, as follows:
     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;
     Update references to several industry consensus standards 
to the most recent versions, except that the test procedure maintains 
the existing oil pressure measurement error value (which was omitted in 
the most recent update to ANSI/ASHRAE 103-2017);
     Provide explicit direction on the operational mode for 
testing vented heaters with multiple automatic operation modes;
     Clarify the required input rate for the cyclic condensate 
collection tests;
     Allow for the use of the manufacturer-specified gas inlet 
pressure range when the required input rating cannot be achieved;
     Explicitly state the regulator outlet pressure and 
specific gravity tolerances for the gas supply;
     Provide the option to use five, rather than nine, 
thermocouples for the thermocouple grid in models with small (2-inch 
diameter or less) flues;
     Clarify the wording of the cyclic condensate collection 
test in the calculation of the allowable variance in condensate mass 
measurements; and
     Provide explicit direction on the methods to appropriately 
shield thermocouples from radiation.
    The adopted amendments are summarized in Table II.1 compared to the 
test procedure provision prior to the amendment, as well as the reason 
for the adopted change.

  Table II.1--Summary of Changes in Amended Test Procedures Relative to
                        Previous Test Procedures
------------------------------------------------------------------------
                                     Amended test
   Previous DOE test procedure         procedure          Attribution
------------------------------------------------------------------------
Definitions for electric heater,  Updates the         Ensure consistent
 primary heater, supplementary     definitions to      use and
 heater, floor electric heater,    use consistent      application.
 unvented gas heater, unvented     terminology.       Response to
 home heating equipment,                               comments.
 unvented oil heater, vented
 home heating equipment, and
 vented room heater had various
 inconsistencies in terminology.
Referenced ANSI/ASHRAE 103-2007,  References ANSI/    Update to most
 ANSI Z21.86-2008, ASTM D-2156-    ASHRAE 103-2017     recent versions
 09, UL729-2003, UL 730-2003,      (but maintains      of industry
 and UL 896-1993.                  existing oil        standards.
                                   pressure            Response to
                                   measurement error   comments.
                                   value), ANSI
                                   Z21.86-2016, ASTM
                                   D2156-09 (R2018),
                                   UL 729-2016, UL
                                   730-2016, and UL
                                   896-2016.

[[Page 30779]]

 
Did not provide specific          Explicitly          Ensure
 direction for units with          provides that for   representativenes
 multiple automatic operational    units with          s, repeatability,
 modes.                            multiple            and
                                   automatic           reproducibility.
                                   operational         Response to
                                   modes, the          comments.
                                   default or other
                                   similarly named
                                   mode is used for
                                   testing.
Did not provide specific          Explicitly states   Ensure repeatable
 direction regarding the input     at which input      and reproducible
 rate at which the cyclic          rate to conduct     results.
 condensate collection test is     the cyclic
 to be conducted.                  condensate
                                   collection test.
Specified an inlet gas pressure   Permits use of      Ensure
 level is to be between 7-10       manufacturer's      representativenes
 inches water column.              specified gas       s repeatability,
                                   inlet pressure      and
                                   range, if the       reproducibility.
                                   nameplate input
                                   rating 2 percent
                                   cannot be
                                   achieved at 7-10
                                   inches water
                                   column.
Did not provide specific values   Explicitly state    Ensure consistent
 that the regulator outlet         that the            use and
 pressure and specific gravity     regulator outlet    application.
 of the test gas must meet.        pressure be         Ensure
                                   within the          representativenes
                                   greater of  10 percent   and
                                   of the              reproducibility.
                                   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.
Required use of a nine-           For smaller size    Reduce test
 thermocouple grid for measuring   flues (2-inch       burden, ensure
 flue gas temperature,             diameter or         representativenes
 regardless of flue size.          less), require a    s.
                                   five-thermocouple
                                   grid.
For the variance of the           Clarifies that the  Clarification.
 condensate mass measurements,     standard            Ensure
 required that ``the sample        deviation must be   representativenes
 standard deviation is within 20   less than or        s repeatability,
 percent of the mean value for     equal to 20         and
 three cycles'' in order to stop   percent of the      reproducibility.
 at three cycles. Otherwise, six   mean value.
 cycles are required.
Did not provide specific          Explicitly states   Clarification.
 direction for determining when    that any            Ensure
 a radiation shield is needed or   thermocouple with   representativenes
 what an appropriate radiation     a direct line of    s repeatability,
 shield would be.                  sight to the        and
                                   burner must be      reproducibility.
                                   shielded from
                                   radiation and
                                   that a radiation
                                   shield with an
                                   explicitly stated
                                   material and
                                   minimum thickness
                                   must be used.
------------------------------------------------------------------------

    DOE has determined that the amendments described in section III of 
this final rule will not alter the measured efficiency of DHE or 
require retesting or recertification solely as a result of DOE's 
adoption of the amendments to the test procedures. Additionally, DOE 
has determined that the amendments will not increase the cost of 
testing. Discussion of DOE's actions are addressed in detail in section 
III of this final rule.
    The effective date for the amended test procedures adopted in this 
final rule is 30 days after publication of this document in the Federal 
Register. Representations of energy use or energy efficiency must be 
based on testing in accordance with the amended test procedures 
beginning 180 days after the publication of this final rule.

III. Discussion

A. Definitions

1. Unvented Heaters
    In the April 2021 NOPR, DOE proposed several changes to the 
definitions pertaining to unvented heaters, including: (1) Changing the 
phrasing from ``heat'' or ``warm air'' to ``heated air,'' as 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'' indicates that thermal energy was added to the air; (2) 
explicitly including floor electric heaters as one of the examples 
provided in the definition of a ``primary electric heater,'' given 
that, to the extent that a floor electric heater is the principal 
source of heat for a structure, it is a primary heater; (3) adding 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; and (4) specifying that 
``unvented home heating equipment or unvented heater'' furnishes heated 
air ``without exhaust venting,'' as the prior definition did not state 
this explicitly. 86 FR 20053, 20057-20058 (April 16, 2021).
    AHAM, the CA IOUs, and NEEA generally stated their support of DOE's 
proposed updates to the DHE definitions. (AHAM, No. 15 at p. 1; CA 
IOUs, No. 14 at p. 1; NEEA, No. 16 at p. 1)
    For the reasons identified in the preceding discussion and 
discussed in the April 2021 NOPR, this final rule amends the 
definitions pertaining to unvented heaters as proposed in the April 
2021 NOPR.
2. Vented Heaters
    In the April 2021 NOPR, DOE proposed updates to the definitions 
pertaining to vented heaters in 10 CFR 430.2, including: (1) Changing 
the phrasing of ``warm'' or ``warmed'' air to ``heated'' air in the 
definitions of ``vented home heating equipment or vented heater'' and 
``vented room heater,'' for the reasons stated prior; (2) replacing the 
phrase ``to the living space of a residence, directly from the device'' 
in the ``vented home heating equipment or vented heater'' definition 
with ``to a space proximate to such heater, directly from the heater'' 
to align with the definition of ``unvented home heating equipment or 
unvented heater,'' and (3) specifying that ``vented home heating 
equipment or vented heater'' furnishes heated air ``with exhaust 
venting,'' as the prior definition did not state this explicitly. 86 FR 
20053, 20058-20059 (April 16, 2021).

[[Page 30780]]

    AHAM, the CA IOUs, and NEEA generally stated their support of DOE's 
proposed updates to the DHE definitions. (AHAM, No. 15 at p. 1; CA 
IOUs, No. 14 at p. 1; NEEA, No. 16 at p. 1)
    For the reasons identified in the preceding discussion and 
discussed in the April 2021 NOPR, this final rule amends the 
definitions pertaining to vented heaters as proposed in the April 2021 
NOPR.

B. Updates to Industry Consensus Test Methods

    The unvented home heating equipment test procedure in appendix G 
referenced the International Electrotechnical Commission (``IEC'') 
62301, ``Household electrical appliances--Measurement of standby 
power,'' (Second Edition). The vented home heating equipment test 
procedure in appendix O referenced 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 (Second 
Edition)'');
     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 April 2021 NOPR, each of the referenced 
industry standards, except for ASTM D2156-09 \6\ and IEC 62301 (Second 
Edition), have been superseded with a more recent version. 86 FR 20053, 
20059. The changes in the most recent version of UL 729, UL 730, and UL 
896 were made to sections not referenced by the DOE test procedure; and 
the changes in 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. DOE proposed to update 
the references to these industry standards to their most recent 
versions: ASTM D2156-09 (R2018), UL 729-2016, UL 730-2016, UL 896-2016, 
and ANSI Z21.86-2016.
---------------------------------------------------------------------------

    \6\ ASTM D2156-09 was reapproved in 2018 (ASTM D2156-09 (R2018)) 
without modification.
---------------------------------------------------------------------------

    DOE received no comments regarding its proposal to update these 
industry standards to their most recent versions.
    In this final rule, DOE updates the references to the industry 
standards to the most recent versions for ASTM D2156-09, UL 729, UL 
730, UL 896, and ANSI Z21.86, consistent with the proposal in the April 
2021 NOPR.
    ANSI/ASHRAE 103-2007, referenced in appendix O, has been superseded 
by ANSI/ASHRAE 103-2017. In the April 2021 NOPR, DOE discussed the 
various substantive changes between ANSI/ASHRAE 103-2007 and ANSI/
ASHRAE 103-2017 and the proposed changes to appendix O to address the 
changes, including: (1) Adding the oil pressure measurement error 
values from ANSI/ASHRAE 103-2007 to appendix O (as these were not 
retained in ANSI/ASHRAE 103-2017); (2) incorporating by reference the 
equations to determine jacket loss provided in Section 8.6 of ANSI/
ASHRAE 103-2017 (as the equations in ANSI/ASHRAE 103-2017 provide more 
accurate values as compared to the figures provided in the 2007 version 
and mitigate the possibility of human error in interpreting the 
figures); and (3) removing the mention of Sections 8.8.3 and 9.10 of 
ANSI/ASHRAE 103-2007 within section 3.6.2.4.2 of appendix O (as all the 
information stated in Section 8.8.3 of ANSI/ASHRAE 103-2007 is already 
stated in sections 3.6.1 and 3.6.2 of appendix O; and the inclusion of 
a reference to Section 9.10 of ANSI/ASHRAE 103-2007 could cause 
confusion due to the maximum post-purge requirement, which is not 
discussed within appendix O). 86 FR 20053, 20059-20060
    The CA IOUs stated their support of DOE's decision to update the 
reference to the most recent version of ANSI/ASHRAE 103, stating that 
it will allow for more consistent test results. (CA IOUs, No. 14 at p. 
1) The CA IOUs also stated their support of DOE's proposed decision to 
add the allowable error in the oil pressure measurement value as 
defined in ANSI/ASHRAE 103-2007 back into the test procedure to 
maintain consistency for manufacturers and contractors. (CA IOUs, No. 
14 at p. 1) No additional comment was received on the proposal 
regarding the amendments related to the ANSI/ASHRAE 103 update.
    For the reasons discussed in the April 2021 NOPR, in this final 
rule, DOE adopts ANSI/ASHRAE 103-2017 with the modifications as 
proposed in the April 2021 NOPR. 86 FR 20053, 20072-20073.

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,\7\ and a 
typical oversizing factor for primary electric heaters of 1.2.\8\ 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. Appendix G does not specify a 
method for calculating annual fuel energy consumption for unvented gas 
and oil heaters.
---------------------------------------------------------------------------

    \7\ The adjustment factor is a multiplier to adjust the heating 
load hours to the approximate burner operating hours experienced by 
the system.
    \8\ The oversizing factor accounts for space heating products 
generally being oversized when compared to the actual required 
heating load.
---------------------------------------------------------------------------

    In the April 2021 NOPR, DOE did not propose changes to the national 
and regional values used in the calculations of annual energy 
consumption based on the tentative determination that the existing 
calculations and assumptions are still appropriate. 86 FR 20053, 20061. 
DOE also did not propose to add calculations for annual fuel energy 
consumption of gas and oil unvented heaters because DOE tentatively 
concluded that such calculations would be unlikely to provide consumers 
with valuable information and could potentially confuse consumers if 
comparisons are made between vented and unvented heaters without the 
full understanding of the different applications and utilities of each 
product. Id.

[[Page 30781]]

    DOE did not receive any comments on its proposals to maintain the 
existing national and regional values used for calculating annual 
energy consumption and to not add calculations for annual fuel energy 
consumption of gas and oil unvented heaters. Therefore, DOE maintains 
its conclusions from the April 2021 NOPR and is not adopting changes 
related to these issues.
2. Standby Mode and Off Mode Energy Consumption
    Section 2.3 of appendix G requires measuring the pilot light input 
rate except for those products specified in section 2.3.1 of appendix 
G; \9\ however, the pilot light measurement is not used in the 
calculation of rated output in section 3.4 of appendix G.
---------------------------------------------------------------------------

    \9\ Section 2.3.1 of appendix G specifies that that measurement 
of the pilot light input rate is not required for unvented heaters 
where the pilot light is designed to be turned off by the user when 
the heater is not in use (i.e., for units where turning the control 
to the OFF position will shut off the gas supply to the burner(s) 
and the pilot light) and instruction to turn off the unit is 
provided on the heater near the gas control value (e.g., by label).
---------------------------------------------------------------------------

    In the April 2021 NOPR, DOE did not propose to include standby mode 
and off mode energy consumption into the annual energy consumption for 
unvented heaters, having tentatively determined 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. 86 FR 20053, 20061-20062. Regarding off mode energy 
consumption, DOE tentatively concluded in the April 2021 NOPR 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. Id. DOE 
stated that it 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 exists or its magnitude. Id. Based on the presence of 
manufacturer instructions and lack of data on representative use, DOE 
did not propose to incorporate off mode energy use in the test 
procedure. Id.
    The Joint Advocates encouraged DOE to continue investigating off 
mode energy use for unvented heaters, asserting that DHE models with 
standing pilot lights waste a significant amount of energy in off mode 
and that the instructions provided to turn the pilot light off may do 
little to reduce the operating hours of standing pilot lights. (Joint 
Advocates, No. 13 at p. 1) The CA IOUs requested that DOE further 
investigate the opportunity for regulation of standing pilot lights. 
(CA IOUs, No. 14 at pp. 2-3) The CA IOUs cited a NOPR that DOE 
published on February 9, 2015, for hearth products and a Statistics 
Canada study \10\ that both showed that 44 percent of consumers do not 
turn off their fireplace standing pilot light during the non-heating 
season. The CA IOUs asserted that these results should provide an 
indication of the percentage of households that leave the standing 
pilot light on all year for DHE. Id. The CA IOUs stated that its 
research has uncovered products that do not appear to have directions 
in the manual for turning the pilot light off during the non-heating 
seasons. Id. The CA IOUs further requested that DOE demonstrate why 
consumer behavior regarding standing pilot lights would be different 
for DHE products and hearth products and provide more information 
regarding the market research conducted to make this determination. Id.
---------------------------------------------------------------------------

    \10\ Statistics Canada study: www150.statcan.gc.ca/n1/pub/11-526-s/2013002/t013-eng.htm.
---------------------------------------------------------------------------

    In response, DOE notes that, in addition to providing heat, 
consumers also purchase hearth products for aesthetic purposes. The 
sole purpose of unvented heaters, however, is to provide heat. As a 
result, the product designs, installation locations, and usage patterns 
may be significantly different for hearth products as compared to 
unvented heaters. These differences, especially differences in the way 
the consumer uses the appliance, could lead users to behave differently 
with respect to turning off the pilot light. In a final determination 
regarding energy conservations standards for DHE published on November 
23, 2021, DOE considered this issue and agreed that amendments to 
appendix G to limit the exclusion to unvented heaters that are 
controlled with a thermostat or manually-controlled unvented heaters 
with both a fully off mode and a pilot on mode may be appropriate. 86 
FR 66403, 66411. However, DOE stated that the information regarding 
hearth products cannot be used directly for unvented heaters because 
hearth products may be used differently than unvented heaters, and, at 
the time of the determination, DOE had not received information 
regarding consumer behavior for unvented heaters. Id. Regarding the 
comments on this rulemaking, the commenters did not present new 
information on the usage of pilot lights in unvented heaters during the 
non-heating season that would allow DOE to determine whether a 
significant number of unvented heater consumers leave the standing 
pilot light on during the non-heating season, or to draw comparisons 
between usage of pilot lights in hearth products as compared to 
unvented heaters. As a result, DOE maintains its position from the 
April 2021 NOPR that it lacks data at this time regarding the 
operational hours of the pilot in off mode and the percentage of 
consumers that do not turn their pilot lights off during the non-
heating seasons, which would be needed for DOE to incorporate a 
representative measure of off mode energy use in the test procedure. 
DOE will continue to investigate this issue and, if appropriate, will 
address the pilot light energy consumption in a future rulemaking 
proceeding.
3. Efficiency Assumption
    As stated in section I.B of this document, appendix G does not 
contain provisions for determining the energy efficiency of unvented 
heaters, as they are considered to be 100-percent efficient due to the 
fact that any heat loss from the heater is transferred to the 
conditioned space in which the unit is installed. Thus, DOE has not 
established energy conservation standards for unvented heaters.
    In the February 2019 RFI, DOE noted the absence of provisions for 
calculating the energy efficiency of unvented heaters in appendix G and 
sought comment on whether calculations for the annual fuel energy 
consumption of unvented gas, propane, and oil heaters should be added 
to the test procedure. 84 FR 6088, 6092 (Feb. 26, 2019). In response, 
AHRI recommended against calculating annual fuel energy consumption for 
unvented gas and oil heaters, stating that all heat is contained within 
the conditioned space, so that such products should be considered 100-
percent efficient. (AHRI, No. 5 at p. 2). NEEA commented 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. (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)
    In the April 2021 NOPR, DOE did not propose to add calculations for 
annual

[[Page 30782]]

fuel energy consumption of gas and oil unvented heaters to appendix G, 
having tentatively determined that such calculations would be unlikely 
to provide consumers with valuable information, and that an annual fuel 
energy consumption 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. 86 FR 20053, 20062.
    In response to the April 2021 NOPR, the CA IOUs asserted that some 
unvented heaters, depending on installed conditions, may lose heat to 
an unconditioned space such as a wall or ceiling, which could result in 
the consumer setting the unit's thermostat higher, ultimately leading 
to more energy consumption relative to a unit with less peripheral heat 
loss. The CA IOUs urged DOE to perform further analysis that includes 
the installation and use of unvented heaters to verify its assumption 
of 100 percent efficiency. (CA IOUs, No. 14 at p. 2)
    AHAM stated its support of DOE's assumption that unvented heaters 
are 100 percent efficient and commented that it would object to 
amendments that would add efficiency or energy calculations for 
unvented heaters that are not used as the primary heating source for 
the home. (AHAM, No. 15 at pp. 1-2)
    Flux Tailor stated that the rate at which the unvented heater heats 
the conditioned space affects the energy use of the product, as the 
unvented heater will operate less if the conditioned space is heated 
more quickly. (Flux Tailor, Public Meeting Transcript, No. 12 at pp. 
20-22)
    In response to the CA IOUs comment, DOE notes that unvented heaters 
can typically be installed either on the wall or ceiling, or free-
standing within the room (mounted on supports that are provided with 
the unit or can be purchased separately). For an unvented heater 
installed on a wall or ceiling, a portion of the heat losses through 
the jacket may heat the wall or ceiling; however, the wall and ceiling 
are part of the overall envelope of the heated space. Therefore, DOE 
does not find such an installation would result in losses that do not 
provide heat to the conditioned space. Further, DOE notes that its 
assumption that unvented heaters are 100 percent efficient is 
consistent with the treatment of vented heaters in appendix O. The test 
procedure for vented heaters requires a jacket loss test for vented 
floor furnaces (section 3.2), but does not require this test for any 
other type of vented heater, because a floor furnace is the only type 
of vented heater that is considered to have some portion of the jacket 
outside the heated space.\11\
---------------------------------------------------------------------------

    \11\ A vented floor furnace is defined in part as being 
``suspended from the floor of the space being heated.'' A vented 
room heater is defined in part as being ``free-standing, 
nonrecessed.'' A vented wall furnace is defined in part as 
``designed for incorporation in, or permanent attachment to, a wall 
of a residence.''
---------------------------------------------------------------------------

    In response to Flux Tailor's comment, DOE notes that the total 
amount of heat supplied to a space to satisfy a given heat load would 
be the same regardless of the rate at which the heat is supplied. 
Supplying heat at a higher rate of energy consumption will satisfy a 
particular heating load more quickly (i.e., the heater will be on for a 
shorter duration); whereas, supplying heat at a lower rate of energy 
consumption will satisfy the same heating load more slowly (i.e., the 
heater will be on for a longer duration). In both cases, however, the 
total amount of energy consumption (i.e., heat supplied to the room) 
would be the same. Therefore, DOE has determined not to amend appendix 
G to account for the rate at which an unvented heater can heat a 
conditioned space.

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 appendix O 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 did not 
explicitly specify what automatic operating mode must be used for 
testing.
    In the April 2021 NOPR DOE proposed to amend section 2.11 of 
appendix O 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 proposed that tests be conducted in the 
mode in which the product operates as shipped from the manufacturer. 86 
FR 20053, 20062.
    DOE received no comments on its proposal. In this final rule, DOE 
amends section 2.11 of appendix O, consistent with the proposal in the 
April 2021 NOPR, to require equipment that has multiple automatic 
thermostat control modes to be tested in the default mode (or similarly 
named mode identified for normal operation) as defined by the 
manufacturer in its installation and operation (``I&O'') manual. If a 
default mode is not defined in the I&O manual, such equipment must be 
tested in the mode in which the equipment operates as shipped from the 
manufacturer.
2. Fuel Supply and Burner Adjustments
    Sections 2.3.1 and 2.3.2 of appendix O required 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. Section 2.4.2 of appendix O 
requires that the burners of oil fueled vented heaters be adjusted to 
give the CO2 reading recommended by the manufacturer and an 
hourly Btu input during steady-state operation within 2 
percent of the heater manufacturer's specified normal hourly Btu input 
rating. In addition, on units employing a power burner, section 2.4.2 
requires that smoke in the flue not exceed a No. 1 smoke during the 
steady-state performance test as measured by the procedure in ASTM 
D2156. During exploratory testing performed for the development of the 
April 2021 NOPR, only one tested gas-fired unit 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.
    In the April 2021 NOPR, DOE proposed several changes to appendix O, 
as follows. First, DOE proposed to specify that if the heater is 
equipped with a gas pressure regulator, that the regulator outlet 
pressure be maintained within the greater of 0.2 inches 
water column and 10 percent of the manufacturer-specified 
manifold pressure on the nameplate of the unit or in the installation 
and operation (``I&O'') manual. DOE reasoned that this would ensure 
consistency in setting the regulator outlet pressure and align with

[[Page 30783]]

DOE test procedures for other gas-fired heating products such as 
consumer water heaters and commercial water heaters. 86 FR 20053, 
20062. Second, DOE proposed 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, instead of ``approximately'' 0.65 and 1.53 for natural gas and 
propane gas, respectively, in order to better align the test procedure 
in appendix O with Annex G of ANSI Z21.86-2016. Id. Third, DOE proposed 
to specify that 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 of appendix O, 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 by the manufacturer 
on the nameplate of the unit or in the I&O manual. DOE reasoned that 
this change, if adopted, would ensure models are tested at conditions 
representative of field conditions while still maintaining consistency 
and repeatability. Id. Finally, DOE proposed to remove the word 
``normal'' from sections 2.3.1 and 2.3.2 of appendix O (in reference to 
``normal inlet test pressure''), and replace the phrase ``normal hourly 
Btu input rating'' with ``maximum hourly Btu input rating'' within 
section 2.4.2 of appendix O. In doing so, DOE explained that because 
the test pressures within section 2.3 of appendix O were proposed to be 
explicitly stated, the use of the phrase ``normal'' would no longer be 
necessary, and the proposed change to replace ``normal hourly Btu input 
rating'' with ``maximum hourly Btu input rating'' would better align 
the input rate language throughout section 2.4 of appendix O. Id. at 
20063.
    DOE received no comments on its proposals. For the reasons 
discussed in the preceding paragraphs and in the April 2021 NOPR, in 
this final rule, DOE amends sections 2.3.1, 2.3.2, 2.4.1, and 2.4.2 of 
appendix O consistent with the proposals in the April 2021 NOPR.
3. Flue Thermocouples
    Section 2.6 of appendix O required installation of nine 
thermocouples in the vent for measuring flue gas temperature for both 
gas-fueled and oil-fueled vented heaters. As discussed in the April 
2021 NOPR, DOE has conducted testing on one unit for which 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. 86 FR 20053, 20063.
    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 proposed in the April 2021 NOPR an amendment to 
section 2.6 of appendix O to allow the test lab to use five 
thermocouples (consistent with the direction in ASHRAE 103-2017, 
section 7.6 and figure 10) when the flue size is less than or equal to 
2 inches diameter. As explained in the April 2021 NOPR, given that the 
cross-sectional flue area is smaller for models with small vent 
diameter, fewer thermocouples may be 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. 86 FR 20053, 20063.
    DOE received no comments on its proposal. In this final rule, DOE 
amends section 2.6 of appendix O to allow the test lab to use five 
thermocouples when the flue diameter is less than or equal to 2 inches.
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 of 
appendix O, ``Calculations.'' The cyclic condensate collection test did 
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 \12\ 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 the test is 
conducted at the reduced input rate only. The required input rate is 
specified in all other tests within the vented heater test procedure.
---------------------------------------------------------------------------

    \12\ ``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.
---------------------------------------------------------------------------

    In the April 2021 NOPR, DOE proposed to explicitly provide input 
rate instructions similar to those in ANSI/ASHRAE 103-2007 to section 
3.8.2 of appendix O to further align the vented heater test procedure 
with ANSI/ASHRAE 103. 86 FR 20053, 20063. DOE notes that the input rate 
instructions for units with modulating controls in Section 9.8 of 
ASHRAE 103-2007 and ASHRAE 103-2017 are essentially identical.
    DOE received no comments on its proposal. In this final rule, DOE 
amends section 3.8.2 of appendix O to add input rate instructions for 
the cyclic condensate collection test equivalent to those in ANSI/
ASHRAE 103-2017, consistent with the proposal in the April 2021 NOPR.
b. Condensate Mass Measurement Requirements
    Section 3.8.2 of appendix O stated that if after three cycles ``the 
sample standard deviation [of the mass of collected condensate] 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 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 required 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).
    To clarify the wording to avoid confusion that could result from 
the text, DOE proposed in the April 2021 NOPR to revise section 3.8.2 
of appendix O 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. 86 FR 20053, 20063.
    DOE received no comments on its proposal. In this final rule, DOE 
amends section 3.8.2 of appendix O, consistent with the proposal in the 
April 2021

[[Page 30784]]

NOPR, to clarify that the standard deviation must be less than or equal 
to 20 percent of the mean as the determining factor for whether the 
cyclic condensate mass collection must be performed for three cycles or 
six cycles.
5. Other Vented Heater Topics
a. 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 (Tc) \13\ 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). In the 
April 2021 NOPR, DOE noted that Table 3, Figure 1, and Figure 2 may 
yield different results because Table 3 provides discreet values for 
X1, X2, TOA, and TOA*, 
whereas Figure 1 and Figure 2 provide continuous graphical curves for 
determining the relevant variables. 86 FR 20053, 20064. DOE further 
discussed in the April 2021 NOPR that it had reviewed test data to 
estimate the impact of the different methods for determining the value 
of variables on the measured AFUE value and found that 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. Id. Therefore, in the April 2021 NOPR, DOE did not 
propose any changes to the test method related to these issues. Id.
---------------------------------------------------------------------------

    \13\ 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.
---------------------------------------------------------------------------

    DOE did not receive any comments on these issues in response to the 
April 2021 NOPR; therefore, DOE is not adopting any changes regarding 
them.
b. 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. See section 
3.2, appendix O. In the NOPR published in the Federal Register on 
October 24, 2013 as part of the most recent previous test procedure 
rulemaking for DHE (resulting in a final rule published on January 6, 
2015 (the ``January 2015 final rule''; 80 FR 792), 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 April 2021 NOPR, DOE did not propose a default jacket loss 
value, stating its tentative conclusion that a default jacket loss 
value for vented floor furnaces would provide less representative 
ratings than the existing test method, which requires measurement of 
the jacket loss in floor furnaces. 86 FR 20053, 20064
    NEEA and the Joint Advocates expressed support for continuing to 
measure jacket losses, rather than including a default value, stating 
that this would provide the most accurate representation of energy use 
and may encourage manufacturers to develop technology that further 
minimizes jacket losses. (NEEA, No. 16 at p. 2; Joint Advocates, No. 13 
at p. 1)
    Consistent with the April 2021 NOPR, DOE is not amending section 
3.2 of appendix O to allow for a default jacket loss factor for floor 
furnaces.
c. 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 was 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.
    In the April 2021 NOPR, DOE 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, DOE proposed that 
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. 86 FR 20053, 20065.
    DOE received no comments on its proposal. In this final rule, DOE 
amends sections 2.6.1, 2.6.2, and 2.9 of appendix O, consistent with 
the proposal from the April 2021 NOPR, to require that all 
thermocouples be shielded from the fire if there is a direct line of 
sight between the fire and the thermocouple; and if radiation shielding 
is required, then the radiation shield must meet the material and 
minimum thickness requirements stated in Section 8.14.1 of ANSI Z21.86-
2016.
d. Standing Pilot Light Energy
    In response to a notice of proposed determination (``NOPD'') not to 
amend energy conservation standards for DHE published on December 1, 
2020 (85 FR 77017), the Joint Advocates urged DOE to address the pilot 
light energy consumption for both vented and unvented heaters, noted 
that the test procedures (i.e., appendix G and appendix O) do not 
require measurement of the pilot light energy input rate for vented 
heater models that instruct the user on how to turn the pilot light 
off, and stated that this instruction does little to reduce the 
operating hours of standing pilot lights in practice. (EERE-2019-BT-
STD-0002: Joint Advocates, No. 16 at p. 1) No such comments were 
submitted on the April 2021 NOPR; however, DOE will respond to the 
Joint Advocates' comments in this document.
    DOE addresses similar comments regarding appendix G received in 
response to the April 2021 NOPR in section III.C.2 of this document. 
Regarding appendix O, similar to the requirement for unvented heaters 
discussed previously, DOE notes that section 3.5 requires measurement 
of the standing pilot input rate for all vented heaters that are not 
manually controlled heaters for which the pilot light is designed to be 
turned off by the user when the heater is not in use (that is, turning 
the control to the OFF position will shut off the gas supply to 
burner(s) and to the pilot light). This provision applies only to 
manually controlled heaters that operate by the consumer physically 
turning the unit on and off

[[Page 30785]]

when heating is desired, and does not apply to heaters that operate 
with a thermostat or other automatic means of control.
    DOE did not propose any changes to section 3.5 of appendix O in the 
April 2021 NOPR. DOE does not have, and has not been presented with, 
sufficient data to determine whether a significant number of vented 
heater consumers leave the standing pilot light on during the non-
heating season. As a result, DOE lacks data at this time regarding the 
operational hours of the pilot in off mode and the percentage of 
consumers that do not turn their pilot lights off during the non-
heating seasons, which would be needed for DOE to incorporate a 
representative measure of off mode energy use in the test procedure. 
Therefore, DOE is maintaining the existing provisions in appendix O 
regarding the measurement of the pilot light energy input rate for 
vented heater models.
e. Draft Factors for Models With No Measurable Airflow
    Section 3.6.1 of appendix O specifies that for 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), a default value of 0.05 may be used for both the off-cycle draft 
factor for flue gas flow (DF) and power burner draft factor 
(DP).
    In the April 2021 NOPR, DOE noted its prior request for information 
in the February 2019 RFI regarding 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 and whether such 
models should automatically be considered to have no measurable 
airflow, and, thus, be allowed to use the defined value of 0.05 for 
DF and DP. 86 FR 20053, 20062. However, DOE did 
not propose the 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. Id. DOE tentatively concluded that the 
existing provisions in the 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. Id.
    DOE received no comments in response to its tentative conclusions 
in the April 2021 NOPR. As such, DOE has concluded that the existing 
provisions in the test procedure for ensuring there is no airflow 
through the unit when not in heating mode before allowing the default 
draft factors are appropriate.

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.
    In the April 2021 NOPR, DOE did not propose any changes to the test 
procedure related to performance and utility, and tentatively 
determined that the proposed changes to appendix O would not affect 
performance or utility. 86 FR 20053, 20065. DOE sought comment and data 
on whether the DHE test method affects DHE performance or utility, 
specifically including whether there are impacts on features such as 
air circulation and space humidification.
    DOE received no comments on its proposal. DOE has determined that 
the amendments adopted in this final rule do not affect performance and 
utility of DHE.

F. 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 final rule, DOE 
amends the existing test procedures for DHE (including both unvented 
and vented heaters) by updating definitions regarding unvented and 
vented 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, stating 
the required input rate for the cyclic condensate collection test, 
allowing the use of manufacturer-specified values for gas supply 
pressure in certain circumstances, aligning the tolerance on the 
regulator outlet temperature with other DOE test procedures and the 
tolerance on the specific gravity of natural gas and propane with 
industry standards, providing an option to use fewer thermocouples 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 determined 
that the amendments adopted in this final rule will not be unduly 
burdensome for manufacturers to conduct, will not change test burden 
for manufacturers, and will not increase testing costs.
    Specifically, this final rule amends certain definitions of 
unvented heaters. These definitional changes provide greater 
consistency and do not affect the applicability of the test procedures 
or classification of any unvented heaters. As a result, the 
definitional changes will not require additional testing or impact 
testing costs.
    This final rule updates 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 ANSI/ASHRAE 103, the 
2017 version differs from the 2007 version referenced in the DOE test 
procedure in relation to the oil pressure measurement error allowance 
and the post-purge time for applying default draft factor values. DOE 
is adopting the updated standard with modification to retain the oil 
pressure measurement error allowance and removing mentions of sections 
8.8.3 and 9.10 within section 3.6.2.4.2 of appendix O, which refers to 
the maximum post-purge time for applying default draft factor values 
from the previously 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. 
These amendments will not result in any additional burden or costs, as 
manufacturers are already complying with the oil pressure measurement 
error allowance provisions under the previous test procedure, and all 
the information stated in Section 8.8.3 of ANSI/ASHRAE 103-2007 is 
already stated in sections 3.6.1 and 3.6.2 of appendix O.
    DOE is adopting amendments to specify that models with multiple 
automatic operational modes are to 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 shall 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 concludes that this change will not require additional 
testing, nor will it impact testing costs.
    DOE is amending appendix O to explicitly state the required input 
rate for the cyclic condensate collection test in section 3.8.2. The 
input rate instruction is identical to the instruction

[[Page 30786]]

in Section 9.8 of ANSI/ASHRAE 103-2007, which was the industry test 
procedure on which the cyclic condensate collection test in section 
3.8.2 was based. DOE notes this instruction is also included in the 
most recent version of ANSI/ASHRAE 103-2017. DOE 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 will not require additional testing, nor would it impact 
testing costs.
    DOE is amending appendix O 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 previously 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 amendment will not require 
retesting of units on the market and is not expected to impact test 
burden.
    DOE is also adding 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 is not 
expected to require retesting of units on the market or to impact test 
burden.
    DOE is adding specifications 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 ranges as stated in Annex G of ANSI 
Z21.86-2016. As such, these changes will not require retesting of units 
on the market and are not expected to impact test burden.
    DOE is also allowing the testing agency to determine whether to use 
nine or five thermocouples when testing models with small (2-inch or 
less diameter) flues. In models where 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 will 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 determined that performing a test 
with five thermocouples instead of nine will impose no additional 
testing costs.
    DOE is clarifying the calculation for the allowable variance of the 
condensate mass measured during the cyclic condensate test when 
determining whether to conduct three cycles or six. The amended wording 
does not change the intent of the test or the test requirements, nor 
will it have an impact on test cost.
    Finally, DOE is clarifying when thermocouple radiation shielding is 
necessary to install and, when shielding is necessary, providing 
additional specification to ensure that appropriate shielding materials 
are used. Radiation shielding requirements were already included in the 
previous test procedure, and the amendments do not change the intent of 
the test or the test requirements, nor will they have an impact on test 
cost.
    In summary, DOE has determined that manufacturers will be able to 
rely on data generated under the previous test procedure and that 
retesting will not be necessary as a result of the amendments adopted 
by this final rule.
2. Harmonization With Industry Consensus Standards
    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. The only industry 
standard referenced in appendix G is IEC 62301. As discussed in section 
III.B of this document, this final rule incorporates by reference the 
most recent versions of the referenced industry standards.

G. Effective and Compliance Dates

    The effective date for the adopted test procedure amendments is 30 
days after publication of this final rule in the Federal Register. EPCA 
prescribes that all representations of energy efficiency and energy 
use, including those made on marketing materials and product labels, 
must be made in accordance with an amended test procedure, beginning 
180 days after publication of the final rule in the Federal Register. 
(42 U.S.C. 6293(c)(2)) 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.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined this 
test procedure 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 a final regulatory flexibility analysis (``FRFA'') for 
any final rule where the agency was first required by law to publish a 
proposed rule 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 (Aug. 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: www.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

[[Page 30787]]

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 Compliance 
Certification Database and 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 four 
manufacturers of DHE. Of these manufacturers, two are potential small 
domestic businesses. In April 2021 NOPR, DOE concluded that the impacts 
of the proposed test procedure amendments would not have a 
``significant economic impact on a substantial number of small 
entities,'' and that the preparation of an initial regulatory 
flexibility analysis (``IRFA'') was not warranted. DOE transmitted the 
certification of its determination 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).
    Between the publication of the April 2021 NOPR and this final rule, 
one small business manufacturer purchased another small business 
manufacturer's vented heater brand. It is unclear at this time whether 
the combined business remains below the SBA's headcount threshold of 
500 people to be considered a small business. Due to the nature of this 
final 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 determined that this final rule will not 
impose a significant burden on small manufacturers who produce this 
specific type of product.
    More specifically, in this document, DOE added 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: 
Updates 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''; updates the terms ``primary heater'' and 
``supplementary heater'' to ``primary electric heater'' and 
``supplementary electric heater,'' respectively; maintains the existing 
oil pressure measurement error value in the test procedure; explicitly 
states the regulator outlet pressure and specific gravity tolerances 
for the gas supply; and clarifies 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: Updates the references to the 
industry consensus standards to the most recent versions; clarifies the 
required input rate for the cyclic condensate collection tests; and 
explicitly states the methods to appropriately shield thermocouples 
from radiation. Third, to ensure the representativeness of the test 
procedure, DOE: Explicitly states the operational mode for testing 
vented heaters with multiple automatic operation modes; allows for use 
of manufacturer-specified gas inlet pressure range when the required 
input rating cannot be reached; and provides an option to use five, 
rather than nine, thermocouples for the thermocouple grid in models 
with small (2-inch diameter or less) flues.
    All 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 that ensure the 
representativeness of the test procedure as compared to products 
installed in the field. These amendments are consistent with the most 
recent industry consensus standards.
    As stated, DOE has reviewed this final 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 determined that this rulemaking will not have any 
cost impact. Therefore, DOE concludes that the impacts of the test 
procedure amendments in this final rule will not have a ``significant 
economic impact on a substantial number of small entities,'' and that 
the preparation of an FRFA is not warranted. DOE has submitted a 
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 the certification and recordkeeping is subject to review and 
approval by OMB under the Paperwork Reduction Act (``PRA''). This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 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

    In this document, DOE finalizes test procedures to measure the 
rated output and implement energy conservation standards for DHE. DOE 
has determined that this rule falls into a class of actions that are 
categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, DOE has determined that 
adopting test procedures for measuring energy efficiency of consumer 
products and industrial equipment is consistent with activities 
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 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

[[Page 30788]]

Executive order also requires agencies to have an accountable process 
to ensure meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications. On March 14, 2000, DOE published a statement of policy 
describing the intergovernmental consultation process it will follow in 
the development of such regulations. 65 FR 13735. DOE examined this 
final rule and determined that it will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of this final rule. 
States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 
No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

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

G. Review Under the Unfunded Mandates Reform Act of 1995

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

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

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

I. Review Under Executive Order 12630

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

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

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at: www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

[[Page 30789]]

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The modifications to the test procedure for DHE adopted in this 
final rule incorporates testing methods contained in certain sections 
of the following commercial standards: ASNI/ASHRAE 103-2017, ANSI 
Z21.86-2016, ASTM D2156-09 (R2018), 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 it fully complies with the 
requirements of section 32(b) of the FEAA (i.e., whether it was 
developed in a manner that fully provides for public participation, 
comment, and review.) DOE has consulted with both the Attorney General 
and the Chairman of the FTC about the impact on competition of using 
the methods contained in these standards and has received no comments 
objecting to their use.

M. Congressional Notification

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

N. Description of Materials Incorporated by Reference

    In this final rule, DOE incorporates by reference the following 
test standards:
    (1) The test standard published by 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 adopted by this final rule 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, 180 
Technology Parkway NW, Peachtree Corners, GA 30092, (800) 527-4723 or 
(404) 636-8400, or online at: www.ashrae.org.
    (2) The test standard approved 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 adopted by this 
final rule 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: 
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 (R2018). ASTM D2156 is an industry-accepted test 
procedure for measuring smoke density in flue gases from burning 
distillate fuels. Specifically, the test procedure amendments adopted 
by this final rule 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 (R2018) 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 
adopted by this final rule reference sections of that industry 
consensus standard regarding measurement 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: 
www.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 adopted by this final rule 
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.
    The Director of the Federal Register previously approved IEC 62301 
(Edition 2.0, 2011-01) for incorporation by reference in the locations 
in which it appears in this rule's regulatory text for 10 CFR part 430.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
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 May 10, 
2022, by Kelly J. Speakes-Backman, Principal Deputy 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

[[Page 30790]]

the legal effect of this document upon publication in the Federal 
Register.

    Signed in Washington, DC, on May 10, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends part 430 of 
Chapter II of Title 10, Code of Federal Regulations as set forth below:

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:
0
a. Revising the definitions for ``Electric heater'', ``Floor electric 
heater'', ``Primary heater'', ``Supplementary heater'', and ``Unvented 
gas heater'';
0
b. Removing the definition of ``Unvented home heating equipment'' and 
adding, in alphabetical order, the definition of ``Unvented home 
heating equipment or unvented heater''; and
0
c. Revising the definitions of ``Unvented oil heater'', ``Vented home 
heating equipment or vented heater'', and ``Vented room heater''.
    The revisions and addition 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. Removing and reserving paragraph (e)(25);
0
b. Revising paragraphs (g) introductory text and (g)(16);
0
c. Redesignating paragraphs (g)(17) and (18) as (g)(18) and (19), 
respectively;
0
d. Adding new paragraph (g)(17);
0
e. Revising paragraph (j)(1) and adding paragraph (j)(3);
0
f. Redesignating paragraphs (k) through (v) as paragraphs (l) through 
(w) and adding new paragraph (k); and
0
g. Revising newly redesignated paragraphs (w)(1) through (3).
    The revisions and additions read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (g) ASHRAE. American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc., 180 Technology Parkway NW, Peachtree 
Corners, GA 30092; (800) 527-4723 or (404) 636-8400; www.ashrae.org.
* * * * *
    (16) 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.
    (17) 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 (R2018)''), 
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.
    (k) Canadian Standards Association (CSA). CSA Group, 178 Rexdale 
Blvd., Toronto, ON, Canada M9W 1R3, 1-800-463-6727 or 416-747-4044, 
www.csagroup.org.
    (1) ANSI Z21.86-2016  CSA 2.32-2016 (``ANSI Z21.86-2016''), 
Vented gas-fired space heating appliances, ANSI-approved December 21, 
2016; IBR approved for appendix O to subpart B.
    (2) [Reserved]
* * * * *
    (w) * * *
    (1) UL 729 (``UL 729-2016''), 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 (``UL 730-2016''), 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 (``UL 896-2016''), 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.

[[Page 30791]]


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, 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 November 16, 2022, 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, 2021.
    On and after November 16, 2022, 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.
    0.0 Incorporation by Reference. DOE incorporated by reference in 
Sec.  430.3: ANSI Z21.86-2016; ASHRAE 103-2017; ASTM D2156-09 
(R2018); IEC 62301; UL 729-2016; UL 730-2016; and UL 896-2016 in 
their entirety. However, only enumerated provisions of ANSI Z21.86-
2016; ASHRAE 103-2017, UL 729-2016, UL 730-2016, and UL 896-2016 are 
applicable to this appendix, as follows:
0.1 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
0.2 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
0.3 UL 729-2016
    (i) Section 38.1--Enclosure
    (ii) Section 38.2--Chimney connector
0.4 UL 730-2016
    (i) Section 36.1--Enclosure
    (ii) Section 36.2--Chimney connector
    (iii) Sections 37.5.8 through 37.5.180.5 UL 896-2016
    (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. Install direct vent gas 
fueled vented wall furnaces as specified in Section 9.1.3 of ANSI 
Z21.86-2016. Install oil-fueled vented wall furnaces as specified in 
Section 36.1 of UL 730-2016.
    2.1.2 Vented floor furnaces. Install vented floor furnaces for 
test as specified in Section 38.1 of UL 729-2016.
    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 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 729-2016, Section 36.2 
of UL 730-2016 for oil-fueled vented wall furnaces, and Sections 
37.1.2 and 37.1.3 of UL 896-2016 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 pressure regulator, maintain the 
regulator outlet pressure within the greater of 0.2 
inches water column, or 10 percent, of the manufacturer-
specified manifold pressure on the nameplate of the unit or in the 
I&O manual. Use natural gas having a specific gravity between 0.57 
and 0.70 and a higher heating value within 5 percent of 
1,025 Btu per standard cubic foot. Determine the actual higher 
heating value in Btu 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 of this appendix, maintain the gas supply 
to the unit under test at an inlet test pressure immediately ahead 
of all controls at any value within the range specified on the 
nameplate of the unit or in the I&O manual that results in 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.
    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 pressure regulator, maintain the regulator outlet pressure 
within the greater of 0.2 inches water column, or 10 percent, of the manufacturer's specified manifold pressure 
on the nameplate of the unit or in the I&O manual. Use propane 
having a specific gravity between 1.522 and 1.574 and a higher 
heating value within 5 percent of 2,500 Btu per standard 
cubic foot. Determine the actual higher heating value in Btu 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 of this appendix, maintain the gas supply 
to the unit under test at an inlet test pressure immediately ahead 
of all controls at any value within the range specified on the 
nameplate of the unit or in the I&O manual that results in 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.
    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. 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. 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,

[[Page 30792]]

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 (15.6 [deg]C) 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 in 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 in 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 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 (R2018). 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 730-2016. 
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-
2016, or Figure 38.1 and 38.2 of UL 729-2016 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

[[Page 30793]]

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 730-2016, or Figure 38.1 and 
38.2 of UL 729-2016 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 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 of this appendix 
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 [deg]C) of the value TRA. At no 
time during these tests shall the room ambient temperature exceed 
100 [deg]F (37.8 [deg]C) or fall below 65 [deg]F (18.3 [deg]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 in which the equipment operates 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 [deg]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 
(R2018). 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 (or five, as 
applicable) 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, conduct the cyclic condensate collection 
test 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,

[[Page 30794]]

conduct testing at the reduced input rate only.
* * * * *
[FR Doc. 2022-10373 Filed 5-19-22; 8:45 am]
BILLING CODE 6450-01-P