Home/Federal/Federal Register/2022-04017

Proposed Rule2022-04017

Energy Conservation Program: Test Procedure for Consumer Boilers

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

March 15, 2022

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") proposes to amend the test procedures for consumer boilers to incorporate by reference the latest version of the industry standards currently referenced in the Federal test procedure. DOE proposes to relocate the test procedure in a new appendix separate from the residential furnace test procedure. DOE also proposes to remove an extraneous definition from its regulatory definitions. DOE is seeking comment from interested parties on the proposal.

Full Text

<html>
<head>
<title>Federal Register, Volume 87 Issue 50 (Tuesday, March 15, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Proposed Rules]
[Pages 14622-14659]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04017]

[[Page 14621]]

Vol. 87

Tuesday,

No. 50

March 15, 2022

Part II

Department of Energy

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

10 CFR Parts 429 and 430

Energy Conservation Program: Test Procedure for Consumer Boilers;
Proposed Rule

Federal Register / Vol. 87 , No. 50 / Tuesday, March 15, 2022 /
Proposed Rules

[[Page 14622]]

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

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

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

Energy Conservation Program: Test Procedure for Consumer Boilers

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

ACTION: Notice of proposed rulemaking and request for comment.

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

SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
test procedures for consumer boilers to incorporate by reference the
latest version of the industry standards currently referenced in the
Federal test procedure. DOE proposes to relocate the test procedure in
a new appendix separate from the residential furnace test procedure.
DOE also proposes to remove an extraneous definition from its
regulatory definitions. DOE is seeking comment from interested parties
on the proposal.

DATES: DOE will accept comments, data, and information regarding this
proposal no later than May 16, 2022. See section V, ``Public
Participation,'' for details. DOE will hold a webinar on Thursday,
April 7, 2022, from 1 p.m. to 4 p.m. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants. If no participants register for the webinar, it
will be cancelled.

ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2019-BT-TP-0037
and/or RIN 1904-AE83, by any of the following methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
2. Email: <a href="/cdn-cgi/l/email-protection#7a391514090f171f08381513161f0809484a4b432e2a4a4a494d3a1f1f541e151f541d150c">[email&#160;protected]</a>. Include the docket
number EERE-2019-BT-TP-0037 and/or RIN 1904-AE83 in the subject line of
the message.
No telefacsimiles (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section V of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing coronavirus (``COVID-19'') pandemic. DOE is currently
suspending receipt of public comments via postal mail and hand
delivery/courier. If a commenter finds that this change poses an undue
hardship, please contact Appliance Standards Program staff at (202)
586-1445 to discuss the need for alternative arrangements. Once the
COVID-19 pandemic health emergency is resolved, DOE anticipates
resuming all of its regular options for public comment submission,
including postal mail and hand delivery/courier.
Docket: The docket, which includes Federal Register notices,
webinar or public meeting attendee lists and transcripts (if a webinar
or public meeting is held), comments, and other supporting documents/
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
However, some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2019-BT-TP-0037">www.regulations.gov/docket/EERE-2019-BT-TP-0037</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section V for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT:
Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(240) 597-6737. Email <a href="/cdn-cgi/l/email-protection#da9baaaab6b3bbb4b9bf89aebbb4bebba8bea98bafbfa9aeb3b5b4a99abfbff4beb5bff4bdb5ac">[email&#160;protected]</a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#87c6eae2ebeee6a9d0efeef3eee9e0c7eff6a9e3e8e2a9e0e8f1">[email&#160;protected]</a>.
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#1f5e6f6f73767e717c7a4c6b7e717b7e6d7b6c4e6a7a6c6b7670716c5f7a7a317b707a31787069">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: DOE proposes to maintain and amend a
previously approved incorporation by reference and to newly incorporate
by reference the following industry standards into the Code of Federal
Regulations (``CFR'') at 10 CFR part 430:
American National Standards Institute (``ANSI'')/American Society
of Heating, Refrigerating and Air-Conditioning Engineers (``ASHRAE'')
Standard 103-2017 (ANSI/ASHRAE 103-2017), ``Method of Testing for
Annual Fuel Utilization Efficiency of Residential Central Furnaces and
Boilers,'' approved July 3, 2017.
ANSI/ASHRAE Standard 41.6-2014 (ANSI/ASHRAE 41.6-2014), ``Standard
Method for Humidity Measurement,'' approved July 3, 2014. Copies of
ANSI/ASHRAE 103-2017 and ANSI/ASHRAE 41.6-2014 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: <a href="http://www.ashrae.org">www.ashrae.org</a>.
ASTM, International (``ASTM'') Standard 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 the ASTM,
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959 or online at: <a href="http://www.astm.org">www.astm.org</a>.
International Electrotechnical Commission (``IEC'') 62301 (IEC
62301), ``Household electrical appliances-Measurement of standby
power,'' (Edition 2.0 2011-01).
Copies of IEC 62301 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: <a href="http://webstore.ansi.org">webstore.ansi.org</a>.
See section IV.M of this document for a further discussion of these
standards.

Table of Contents

I. Authority and Background
A. Authority
B. Background
C. Deviation From Appendix A
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
B. Definitions
C. Metric
D. Updates to Industry Standards
E. Test Procedure Requirements
1. Ambient Conditions
2. Combustion Airflow Settings
3. Input Rates for Step Modulating Boilers
4. Return Water Temperature
5. Active Mode Electrical Energy Consumption

[[Page 14623]]

6. Standby Mode and Off Mode
7. Full Fuel Cycle
8. Conversion Factor for British Thermal Units
F. Alternative Efficiency Determination Methods
G. Certification Requirements
1. Linear Interpolation
2. Supplemental Test Instructions
3. Standby Mode and Off Mode Certification
H. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
I. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

Furnaces, which includes consumer boilers, are included in the list
of ``covered products'' for which DOE is authorized to establish and
amend energy conservation standards and test procedures. (42 U.S.C.
6291(23); 42 U.S.C. 6292(a)(5)) DOE's energy conservation standards and
test procedures for consumer boilers are currently prescribed at title
10 CFR 430.32(e)(2), and 10 CFR part 430, subpart B, appendix N,
Uniform Test Method for Measuring the Energy Consumption of Furnaces
and Boilers (``appendix N''). The following sections discuss DOE's
authority to establish test procedures for consumer boilers and
relevant background information regarding DOE's consideration of test
procedures for this product.

A. Authority

Title III, Part B \1\ of the Energy Policy and Conservation Act
(``EPCA''),\2\ Pub. L.'') 94-163 (42 U.S.C. 6291-6309, as codified)
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which sets forth a variety of provisions designed to
improve energy efficiency. These products include consumer boilers,
which are the subject of this document. (42 U.S.C. 6292(a)(5))
---------------------------------------------------------------------------

\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the Infrastructure Investment and JobsEnergy Act
of 2020, Public Law 117-58 (Nov. 15, 2021116-260 (Dec. 27, 2020).
---------------------------------------------------------------------------

The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption in
limited circumstances for particular State laws or regulations, in
accordance with the procedures and other provisions of EPCA. (42 U.S.C.
6297(d))
Under 42 U.S.C. 6293, the statute sets forth the criteria and
procedures DOE must follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which measure energy efficiency, energy use or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use and not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including the
consumer boilers that are the subject of this document, to determine
whether amended test procedures would more accurately or fully comply
with the requirements for the test procedures to not be unduly
burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle or period of
use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on his own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days but may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. DOE is publishing this
notice of proposed rulemaking (NOPR) in satisfaction of the 7-year
lookback review requirement specified in EPCA. (42 U.S.C.
6293(b)(1)(A))

B. Background

As stated, DOE's existing test procedure for consumer boilers
appears at Title 10 of the CFR part 430, subpart B, appendix N
(``Uniform Test Method for Measuring the Energy Consumption of Furnaces
and Boilers'') and is used to determine the annual fuel utilization
efficiency (``AFUE''), which is the regulatory metric for consumer
boilers.
DOE most recently updated its test procedure for consumer boilers
in a final rule published in the Federal Register on January 15, 2016
(``January 2016 final rule''). 81 FR 2628. The January 2016 final rule
amended the existing DOE test procedure for

[[Page 14624]]

consumer boilers to improve the consistency and accuracy of test
results generated using the DOE test procedure and to reduce test
burden. In particular, the modifications relevant to consumer boilers
included: (1) Clarifying the definition of the electrical power term,
``PE''; (2) adopting a smoke stick test for determining whether minimum
default draft factors can be applied; (3) allowing for optional
measurement of condensate during establishment of steady-state
conditions; (4) updating references to the applicable installation and
operation (``I&O'') manual and providing clarifications for when the
I&O manual does not specify test set-up; and (5) revising the AFUE
reporting precision. DOE also revised the definitions of several terms
in the test procedure and added an enforcement provision to provide a
method of test for DOE to determine compliance with the automatic means
design requirement mandated by the Energy Independence and Security Act
of 2007, Public Law 110-140 (Dec. 19, 2007). 81 FR 2628, 2629-2630.
On May 15, 2020, DOE published in the Federal Register a request
for information (``May 2020 RFI'') seeking comments on the existing DOE
test procedure for consumer boilers, which incorporates by reference
ANSI/ASHRAE Standard 103-1993. 85 FR 29352. ANSI/ASHRAE 103-1993
provides test procedures for determining the AFUE of residential
central furnaces and boilers. In the May 2020 RFI, DOE requested
comments, information, and data about a number of issues, including:
(1) The test procedure's scope and definitions; (2) updates to industry
standards; (3) ambient test conditions; (4) provisions for testing
boilers with manually adjustable combustion airflow; (5) calculation of
steady-state heat loss for condensing, modulating boilers; and (6)
provisions for testing step modulating boilers. Id. at 85 FR 29354-
29357. DOE also sought comment generally on whether the current test
procedures are reasonably designed to produce results that measure
energy efficiency during a representative average use cycle or period
of use, whether any potential amendments would make the test procedure
unduly burdensome to conduct, whether existing test procedures limit a
manufacturer's ability to provide additional features, on the impact of
any potential amendments on manufacturers including small businesses,
on whether there are any potential issues related to emerging smart
technologies, and generally on any other aspect of the test procedure
for consumer boilers. Id. at 85 FR 23957.
DOE received comments in response to the May 2020 RFI from the
interested parties listed in Table I.1.

Table I.1--Written Comments Received in Response to the May 2020 RFI
------------------------------------------------------------------------
Reference in this
Commenter(s) NOPR Commenter type
------------------------------------------------------------------------
Air-Conditioning, Heating and AHRI.............. Trade Association.
Refrigeration Institute.
Pacific Gas and Electric CA IOUs........... Utilities.
Company, San Diego Gas and
Electric, Southern California
Edison (collectively referred
to as the California Investor
Owned Utilities).
Northwest Energy Efficiency NEEA.............. Efficiency
Alliance. Organization.
Weil-McLain..................... Weil-McLain....... Manufacturer.
Bradford White Corporation...... BWC............... Manufacturer.
Rheem Manufacturing Company..... Rheem............. Manufacturer.
Burnham Holdings, Inc........... BHI............... Manufacturer.
Energy Kinetics, Inc............ Energy Kinetics... Manufacturer.
Lochinvar....................... Lochinvar......... Manufacturer.
------------------------------------------------------------------------

C. Deviation From Appendix A

In accordance with section 3(a) of 10 CFR part 430, subpart C,
appendix A (``appendix A''), DOE notes that it is deviating from the
provision in appendix A regarding the pre-NOPR stages for a test
procedure rulemaking. Section 8(b) of appendix A states if DOE
determines that it is appropriate to continue the test procedure
rulemaking after the early assessment process, it will provide further
opportunities for early public input through Federal Register
documents, including notices of data availability and/or requests for
information. DOE is opting to deviate from this provision due to the
substantial feedback and information supplied by commenters in response
to the May 2020 RFI. As discussed in section I.B of this NOPR, the May
2020 RFI requested submission of comments, data, and information
pertinent to test procedures for consumer boilers. In response to the
May 2020 RFI, stakeholders provided substantial comments and
information, which DOE has found sufficient to identify the need to
modify the test procedures for consumer boilers.

II. Synopsis of the Notice of Proposed Rulemaking

In this NOPR, DOE proposes to update appendix N to remove the
provisions applicable only to consumer boilers and to rename the
current appendix as ``Uniform Test Method for Measuring the Energy
Consumption of Furnaces.'' Correspondingly, DOE proposes to create a
new test procedure at 10 CFR 430 subpart B, appendix EE, ``Uniform Test
Method for Measuring the Energy Consumption of Boilers'' (``appendix
EE''). In the new appendix EE, DOE proposes to include all provisions
currently included in appendix N relevant to consumer boilers, with the
following modifications:
(1) Incorporate by reference the current revision to the applicable
industry standard, ANSI/ASHRAE 103-2017, ``Methods of Testing for
Annual Fuel Utilization Efficiency of Residential Central Furnaces and
Boilers.''
(2) Incorporate by reference the current revision of ASTM Standard
D2156-09 (Reapproved 2018), ``Standard Test Method for Smoke Density in
Flue Gases from Burning Distillate Fuels.''
(3) Incorporate by reference ANSI/ASHRAE 41.6-2014, ``Standard
Method for Humidity Measurement.''
(4) Update the definitions to reflect the changes in ANSI/ASHRAE
103-2017 as compared to ANSI/ASHRAE 103-1993.
DOE also proposes in this NOPR to remove the definition of outdoor
furnace or boiler from 10 CFR 430.2.
DOE's proposed actions are summarized in Table II.1 compared to the
current test procedure as well as the reason for the proposed change.

[[Page 14625]]

Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
------------------------------------------------------------------------
Proposed test
Current DOE test procedure procedure Attribution
------------------------------------------------------------------------
Test procedure requirements Test procedure Industry standard
based on industry standard requirements based update to ANSI/
ANSI/ASHRAE 103-1993. on ANSI/ASHRAE 103- ASHRAE 103-2017.
2017.
Procedure for adjusting oil- Procedure for Industry standard
fired burner references adjusting oil-fired update to ASTM
industry standard ASTM burner references D2156-09
D2156-09 (Reapproved 2013). industry standard (Reapproved 2018).
ASTM D2156-09
(Reapproved 2018).
Limits the maximum relative References ANSI/ Referenced by
humidity during certain ASHRAE 41.6 for industry standard
tests, but does not provide instructions for ANSI/ASHRAE 103-
specific instructions for measuring relative 2017, which is
how to measure relative humidity of the being proposed in
humidity. test room. this NOPR.
Includes a definition for Removes the Remove an unused
``outdoor furnace or definition for definition.
boiler'' at 10 CFR 430.2. ``outdoor furnace
or boiler''.
------------------------------------------------------------------------

DOE tentatively determines that the proposed amendments described
in section III of this document could minimally impact the measured
efficiency of certain consumer boilers, but that if such impacts are
realized, re-testing and re-rating would not be required. DOE also
tentatively determines that the proposed test procedures improve the
representativeness of the test method and would not be unduly
burdensome to conduct. Discussion of DOE's proposed actions are
addressed in detail in section III of this document.

III. Discussion

A. Scope of Applicability

As discussed, in the context of ``covered products,'' EPCA includes
boilers in the definition of ``furnace.'' (42 U.S.C. 6291(23)) EPCA
defines the term ``furnace'' to mean a product which utilizes only
single-phase electric current, or single-phase electric current or DC
current in conjunction with natural gas, propane, or home heating oil,
and which: (1) Is designed to be the principal heating source for the
living space of a residence; (2) is not contained within the same
cabinet with a central air conditioner whose rated cooling capacity is
above 65,000 British thermal units (``Btu'') per hour; (3) is an
electric central furnace, electric boiler, forced-air central furnace,
gravity central furnace, or low pressure steam or hot water boiler; and
(4) has a heat input rate of less than 300,000 Btu per hour for
electric boilers and low pressure steam or hot water boilers and less
than 225,000 Btu per hour for forced-air central furnaces, gravity
central furnaces, and electric central furnaces. Id. DOE has codified
this definition in its regulations at 10 CFR 430.2.
DOE defines ``electric boiler'' as an electrically powered furnace
designed to supply low pressure steam or hot water for space heating
application. A low pressure steam boiler operates at or below 15 pounds
per square inch gauge (``psig'') steam pressure; a hot water boiler
operates at or below 160 psig water pressure and 250 degrees Fahrenheit
([deg]F) water temperature. 10 CFR 430.2.
DOE defines ``low pressure steam or hot water boiler'' as an
electric, gas or oil burning furnace designed to supply low pressure
steam or hot water for space heating application. 10 CFR 430.2. As with
an electric boiler, a low pressure steam boiler operates at or below 15
pounds psig steam pressure; a hot water boiler operates at or below 160
psig water pressure and 250 [deg]F water temperature. Id.
The scope of the test procedure for consumer boilers is specified
in section 1.0 of appendix N, which references section 2 of ANSI/ASHRAE
103-1993. In relevant part, section 2 of ANSI/ASHRAE 103-1993 states
that the industry test standard applies to boilers \3\ with inputs less
than 300,000 Btu per hour (``Btu/h''); having gas, oil, or electric
input; and intended for use in residential applications. Further, ANSI/
ASHRAE 103-1993 applies to equipment that utilizes single-phase
electric current or low-voltage DC current.
---------------------------------------------------------------------------

\3\ ASHRAE 103-1993 defines a ``boiler'' as: A self-contained
fuel-burning or electrically heated appliance for supplying low-
pressure steam or hot water for space heating application. This
definition covers electric boilers and low-pressure steam or hot
water boilers as those terms are defined by DOE at 10 CFR 430.2.
---------------------------------------------------------------------------

In the May 2020 RFI, DOE requested comment on whether any consumer
boilers are available on the market that are covered by the scope
provision of ANSI/ASHRAE 103-1993, but that are not covered by the
definition of ``furnace'' as codified by DOE at 10 CFR 430.2. 85 FR
29352, 29354. DOE also requested comment on whether any consumer
boilers on the market are covered by DOE's definition of ``furnace''
that are not covered by the scope provision of ANSI/ASHRAE 103-1993.
Id.
AHRI, Rheem, and Weil-McLain stated that air-to-water and water-to-
water heat pumps fall under the definition of ``furnace'' in the CFR,
but are not covered by the current test procedures. (AHRI, No. 6 at p.
1; Rheem, No. 9 at p. 2; Weil-McLain, No. 5 at p. 3) \4\ BHI commented
that if DOE were to regulate hydronic heat pumps, such products should
be classified as heat pumps and the boiler definition in 10 CFR 430.2
should be modified to explicitly exclude them. BHI also stated that
ASHRAE 103 is not intended to evaluate such products. (BHI, No. 11 at
p. 1)
---------------------------------------------------------------------------

\4\ This and subsequent parentheticals parenthetical provide a
reference for information located in the docket of DOE's rulemaking
to develop test procedures for consumer boilers. (Docket No. EERE-
2019-BT-TP-0037, which is maintained at <a href="http://www.regulations.gov/docket?D=EERE-2019-BT-TP-0037">www.regulations.gov/docket?D=EERE-2019-BT-TP-0037</a>). Parenthetical references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).
---------------------------------------------------------------------------

NEEA recommended that DOE add a definition for combination space
and domestic hot water boilers as the current DOE definitions are
ambiguous when it comes to the developing product category as these
products fit both the definition of consumer boiler and water heater.
NEEA also suggested that DOE adopt a test procedure referencing
industry standards ASHRAE 124 and Canadian Standards Association (CSA)
P.9, as appropriate, once the ongoing revision to ASHRAE 124 is
finalized. (NEEA, No. 10 at pp. 3-4) Rheem also recommended that DOE
consider adopting a test procedure for combination boilers. (Rheem, No.
9 at p. 2)
DOE tentatively agrees with commenters that air-to-water and water-
to-water heat pumps meet the definitional criteria to be classified as
a consumer boiler. These products utilize only single-phase electric
current, are designed to be the principal heating source for the living
space of a residence, are not contained within the

[[Page 14626]]

same cabinet with a central air conditioner whose rated cooling
capacity is above 65,000 Btu per hour, meet the definition of an
electric boiler,\5\ and have a heat input rate of less than 300,000 Btu
per hour (i.e., the requirement for electric boilers). As such they
meet the criteria of ``furnace'' as defined in 10 CFR 430.2. DOE also
tentatively agrees with commenters that the current test procedure in
appendix N does not address such products and would not provide a rated
value that is representative of the performance of these products. In
particular, the AFUE metric for electric boilers in ANSI/ASHRAE 103-
1993 is calculated as 100 percent minus jacket loss.\6\ This metric
provides a representative measure of efficiency for electric boilers
using electric resistance technology, for which an efficiency value of
100 percent (the ratio of heat output to energy input) is the maximum
upper limit that technically could be achieved. The AFUE metric does
not allow for ratings greater than 100 percent for electric boilers.
However, this metric would not provide a representative or meaningful
measure of efficiency for a boiler with a heat pump supplying the heat
input, because heat pump efficiency (in terms of heat output to energy
input) typically exceeds 100 percent.
---------------------------------------------------------------------------

\5\ As discussed in section III.B of this document, ``electric
boiler'' means an electrically powered furnace designed to supply
low pressure steam or hot water for space heating application. A
low-pressure steam boiler operates at or below 15 psig steam
pressure; a hot water boiler operates at or below 160 psig water
pressure and 250 [deg]F water temperature. 10 CFR 430.2.
\6\ The term ``jacket loss'' is used by industry to mean the
transfer of heat from the outer surface (i.e., jacket) of a boiler
to the ambient air surrounding the boiler.
---------------------------------------------------------------------------

Based on a review of the market, hydronic air-to-water and water-
to-water heat pumps offered in the United States are often advertised
as competing products for consumer boilers, but typically provide
representations of energy efficiency using a Coefficient of Performance
(``COP'') metric. They are often marketed for low-temperature radiator,
floor heating, and domestic hot water applications, but also can be
marketed for use in high-temperature radiator applications.
DOE tentatively proposes to determine that hydronic air-to-water
and water-to-water heat pumps are consumer boilers under EPCA, but that
due to the lack of a Federal test procedure, such products are not
subject to the current performance standards at 10 CFR 430.32(e). DOE
identified AHRI 550/590, 2020, ``Standard for Performance Rating of
Water-Chilling and Heat Pump Water-Heating Packages Using the Vapor
Compression Cycle'' (``AHRI 550/590''), as an industry test method that
some manufacturers use for evaluating the heating efficiency of
hydronic air-to-water and water-to-water heat pumps in terms of heating
coefficient of performance (COP<INF>H</INF>).\7\ DOE was not able to
identify any industry method for determining AFUE of such products. DOE
further notes that AFUE is defined as the efficiency descriptor for
boilers in EPCA. (See 42 U.S.C. 6291(20).)
---------------------------------------------------------------------------

\7\ AHRI 550/590 is available at: <a href="http://www.ahrinet.org/App_Content/ahri/files/STANDARDS/AHRI/AHRI_Standard_550-590_I-P_2015_with_Errata.pdf">www.ahrinet.org/App_Content/ahri/files/STANDARDS/AHRI/AHRI_Standard_550-590_I-P_2015_with_Errata.pdf</a>.
---------------------------------------------------------------------------

DOE seeks comment on whether any other industry test methods exist
for determining the heating efficiency of air-to-water or water-to-
water heat pumps. DOE seeks comment specifically on AHRI 550/590, and
whether it would be appropriate for adoption as a Federal test
procedure for such products, and if so, whether modifications could be
made to result in an AFUE rating.
Regarding NEEA's comment on combination space and domestic hot
water boilers, DOE is aware that the industry standard for testing
these products (ASHRAE 124, ``Methods of Testing for Rating Combination
Space-Heating and Water-Heating Appliances'') is currently under
revision. DOE plans to further evaluate the industry test method once
it is finalized and available. DOE is not proposing a specific
definition for combination space and water heating boilers at this
time. DOE notes, however, that to the extent that a combination space
and water heating product meets the definition of electric boiler or
low pressure steam or hot water boiler, it is subject to the test
procedure at appendix N and energy conservation standards for consumer
boilers at 10 CFR 430.32(e)(2), and must be tested and rated
accordingly. DOE is unaware of any design characteristics of
combination space and water heating products that would prevent their
testing according to appendix N.

B. Definitions

In addition to the overarching definition for a furnace (which
includes boilers) and the associated definitions for ``electric
boiler'' and ``low pressure steam or hot water boiler'' presented in
section III.A of this document, DOE also has defined ``outdoor
boilers'' and ``weatherized warm air boilers'' at 10 CFR 430.2 as
follows:
<bullet> Outdoor furnace or boiler is a furnace or boiler normally
intended for installation out-of-doors or in an unheated space (such as
an attic or a crawl space).
<bullet> Weatherized warm air furnace or boiler means a furnace or
boiler designed for installation outdoors, approved for resistance to
wind, rain, and snow, and supplied with its own venting system.
In the May 2020 RFI, DOE requested comment on the definitions
currently applicable to consumer boilers and whether any of these
definitions need to be revised, and if so, how. 85 FR 29352, 29355.
BWC stated that the definition for ``outdoor boiler'' \8\ should be
made more similar to ``weatherized warm air furnace or boiler'' by
adding the weather-resistant conditions, asserting that the only
difference between these two products is that a weatherized warm air
furnace or boiler requires that venting be supplied. BWC also commented
that ANSI Z21.13, ``Gas-Fired Low Pressure Steam and Hot Water
Boilers,'' does not differentiate between outdoor and weatherized
boilers. (BWC, No. 4 at p. 1)
---------------------------------------------------------------------------

\8\ DOE interprets BWC's comment as referring to the definition
of ``outdoor furnace or boiler'' at 10 CFR 430.2.
---------------------------------------------------------------------------

Lochinvar and CA IOUs commented that changes to the definitions are
not needed. (Lochinvar, No. 8 at p. 1; CA IOUs, No. 7 at p. 4) CA IOUs
also recommended that DOE avoid any modifications to existing
definitions that would reduce the ability of the test procedure to
compare performance across products that use different technologies to
provide similar consumer utility. (CA IOUs, No. 7 at p. 4)
Regarding the definition of ``outdoor furnace or boiler,'' the
energy conservation standards for boilers at 10 CFR 430.32(e)(2)(iii)
do not distinguish between outdoor or weatherized boilers. With regard
to the test procedure, different jacket loss factors are applied based
on whether a boiler is intended to be installed indoors, outdoors, or
as an isolated combustion system. The heating seasonal efficiency
(Effy<INF>HS</INF>) calculation, which is an element of AFUE, is based
on the assumption that all weatherized boilers are located outdoors
(see section 10.1 of appendix N). Appendix N does not specify a
separate jacket loss assumption for ``outdoor furnaces or boilers.'' As
such, DOE has initially determined that the definition for ``outdoor
furnace or boiler'' is extraneous in that the boiler testing method is
described based on whether the boiler is weatherized (and thus required
to be tested under the assumption that it is intended for

[[Page 14627]]

installation outdoors), not whether it meets the definition of an
``outdoor boiler.'' For analogous reasons, the definition appears to be
extraneous with regard to consumer furnaces. Further, the definition of
``outdoor boiler'' is not used elsewhere in the test method or energy
conservation standards. For these reasons, DOE does not propose to
modify the definition for outdoor furnace or boiler and instead
proposes to remove this definition from its regulations.
DOE seeks comment on its proposal to remove the definition of
``outdoor furnace or boiler'' from its regulations. DOE seeks comment
on whether removing the definition for ``outdoor furnace or boiler''
would impact the application of the test procedure or energy
conservation standards for any such products.
In addition to the definitions included in 10 CFR 430.2, section
2.0 of appendix N incorporates by reference the definitions in Section
3 of ANSI/ASHRAE 103-1993, with modifications and additions as
specified in section 2.0 of appendix N. Sections 2.1 through 2.13 of
appendix N provide additional definitions relevant to the consumer
boilers test procedure.
DOE requested comment on whether the definitions for consumer
boilers in section 2.0 through section 2.13 of appendix N, including
those from ANSI/ASHRAE 103-1993 that are incorporated by reference, are
still appropriate or whether amendments are needed. 85 FR 29352, 29355.
Lochinvar and Weil McLain stated that the definitions in ASHRAE
103-1993 and the CFR are still adequate and/or do not require changes.
(Lochinvar, No. 8 at p. 2; Weil McLain, No. 5 at p. 3) BWC stated that
the definition listed in 10 CFR 430.2 and ANSI/ASHRAE 103-2017
definitions as being appropriate. (BWC, No. 4 at p. 2) The CA IOUs
recommended that DOE make no changes to the current definitions for
consumer boilers in the code and that the current definitions
adequately cover these products for the purpose of performing the DOE
test procedure. (CA IOUs, No. 7 at p. 4)
As discussed in section III.C of this document, DOE is proposing to
incorporate by reference the most recent version of ASHRAE 103: ANSI/
ASHRAE 103-2017. DOE is proposing minor modifications to the
definitions in appendix N to account for the inclusion of several
definitions in ANSI/ASHRAE 103-2017 that were not included ANSI/ASHRAE
103-1993. Specifically, ANSI/ASHRAE 103-2017 includes definitions for
``air intake terminal,'' ``control,'' and ``isolated combustion
system'' that are not in ANSI/ASHRAE 103-1993. The definitions for
``control'' and ``isolated combustion system'' in ANSI/ASHRAE 103-2017
are almost identical as currently defined in sections 2.3 and 2.7 of
appendix N, respectively. Therefore, DOE proposes to remove those two
definitions from the consumer boiler test procedure in the CFR, as they
would be redundant with the definitions incorporated by reference
through ANSI/ASHRAE 103-2017.
DOE seeks comment on its proposal to incorporate by reference the
definitions in ANSI/ASHRAE 103-2017 and to remove the definitions for
``control'' and ``isolated combustions system'' from the consumer
boiler test procedure at appendix N accordingly.
As discussed further in section III.D of this document, DOE is
proposing to move the consumer boiler testing provisions from appendix
N to a proposed new appendix EE and maintain the consumer furnace test
provisions in appendix N. The proposed changes to definitions, if made
final, would be applicable only to the test procedure for consumer
boilers in proposed new appendix EE.

C. Metric

As discussed, the energy conservation standards for consumer
boilers rely on the AFUE metric. 10 CFR 430.32(e)(2). For gas-fired and
oil-fired boilers, AFUE accounts for fossil fuel consumption in active,
standby, and off modes, but does not include electrical energy
consumption. For electric boilers, AFUE accounts for electrical energy
consumption in active mode. EPCA defines the term ``annual fuel
utilization efficiency,'' in part, as meaning the efficiency descriptor
for furnaces and boilers. (42 U.S.C. 6291(20)). In addition, separate
metrics for power consumption during standby mode and off mode
(P<INF>W,SB</INF> and P<INF>W,OFF</INF>, respectively) are used to
regulate standby mode and off mode energy consumption. 10 CFR
430.32(e)(2)(iii)(B).
AFUE is defined by ASHRAE 103 (both the 1993 and 2017 version) as
the ratio of annual output energy to annual input energy, which
includes any non-heating-season pilot input loss, but, for gas- or oil-
fired furnaces or boilers, does not include electric energy. For gas-
and oil-fired boilers, the AFUE test generally consists of steady-
state, cool down, and heat up tests, during which various measurements
are taken (e.g., flue gas temperature, concentration of CO<INF>2</INF>
in the flue gas). (See Sections 9.1, 9.5, and 9.6, respectively, of
both ANSI/ASHRAE 103-1993 and ANSI/ASHRAE 103-2017.) For condensing
boilers, condensate collection tests during steady state and cyclic
operation are also specified. (See Sections 9.2 and 9.8 of both ANSI/
ASHRAE 103-1993 and ANSI/ASHRAE 103-2017.) The test measurements are
used in conjunction with certain assumptions, to calculate the AFUE.
(See Section 11 of both ANSI/ASHRAE 103-1993 and ANSI/ASHRAE 103-2017.)
Energy Kinetics provided comments pertaining to the AFUE metric,
including suggestions of how it could be made more representative of
field performance. Energy Kinetics asserted that oversizing is not
accurately reflected in AFUE; specifically, that the 0.7 oversize
factor in the AFUE test method is too low, and that a more
representative oversize factor would be a value of 3 to 4.\9\ Energy
Kinetics further asserted that AFUE does not appropriately account for
idle losses and provided an example of a boiler with an AFUE of 83.5
percent and idle loss of 4.87 percent that the commenter argued would
consume 63 percent more fuel than a boiler with an AFUE of 87.5 percent
and an idle loss of 0.15 percent. (Energy Kinetics, No. 3 at p. 1)
---------------------------------------------------------------------------

\9\ The oversize factor is applied to account for the typical
practice of sizing a boiler such that the heating capacity exceeds
the heating load. In ASHRAE 103-1993, for non-modulating boilers the
oversize factor is assigned as a national average value of 0.7, and
for modulating boilers the oversize factor is calculated based on
the ratio of the heating capacity to the average design heating
requirement. In ASHRAE 103-2017, the oversize factor at the maximum
input rate is assigned as 0.7 for both modulating and non-modulating
models.
---------------------------------------------------------------------------

Energy Kinetics suggested that DOE change from the AFUE metric to a
combination of a thermal efficiency metric and an idle loss metric. The
commenter argued that both AFUE and thermal efficiency are closely
aligned to steady-state efficiency, but thermal efficiency is a faster
and easier test to perform and is currently used in commercial boiler
testing. Energy Kinetics suggested that idle loss could either be
measured or a prescribed value to foster innovation and recognize
better performing systems, while also simultaneously reducing test
burden. (Energy Kinetics, No. 3 at p. 2)
Energy Kinetics stated that AFUE does not account for the impact of
energy savings controls, which prevents comparisons of the performance
of various types of boilers and controls. Energy Kinetics stated that
AFUE assumes that the boiler is in the conditioned space and that any
heat lost from the boiler is gained in the conditioned space; and
asserted that in practice this heat is wasted in basements, up
chimneys, and out draft hoods and draft regulators. Energy

[[Page 14628]]

Kinetics also argued that for combined heat and hot water boilers in
the conditioned space, heat lost in summer while heating domestic water
should have an impact on air conditioning cooling loads. Energy
Kinetics asserted that AFUE does not apply to boilers that provide both
space heating and domestic hot water. The commenter also asserted that
use of AFUE for both boilers and furnaces creates the false implication
that the products can be compared, but that they cannot be compared due
to differences in distribution losses. (Energy Kinetics, No. 3 at p. 2)
As noted previously, EPCA defines AFUE as the efficiency descriptor
for boilers. (42 U.S.C. 6291(20)) Therefore, DOE must use AFUE as the
efficiency metric for boilers and cannot change to thermal efficiency
and idle loss as suggested by Energy Kinetics. Further, EPCA prescribes
a design requirement that hot water boilers must include an automatic
means for adjusting water temperature, which will limit idle losses and
reduce the potential for energy savings from further accounting for
such losses as a separate metric or within the AFUE metric. (42 U.S.C.
6295(f)(3)(A)-(B)) Idle loss could be further addressed in the context
of AFUE as opposed to evaluating a separate metric. At present time,
DOE does not have sufficient data to propose prescribed values that
would address idle loss. DOE seeks further comment from interested
parties regarding whether idle losses could be better reflected in the
test method. For the reasons discussed, DOE is not proposing to adopt
an idle loss or thermal efficiency metric, or to incorporate a specific
test for idle loss in the AFUE test method at this time.
Regarding the other issues identified with the AFUE metric, DOE
notes that certain control systems, such as modulating burner control
systems, are accounted for in the test procedure with specific
instructions regarding how such units should be tested. (See, for
example, sections 7.4 and 10.1 of appendix N, which provide specific
instructions for testing and calculating AFUE of modulating boilers.)
As discussed in the preceding paragraph, other control systems, such as
an automatic means for adjusting water temperature, are required by
prescriptive standard. (42 U.S.C. 6295(f)(3)(A)-(B)); 10 CFR
430.32(e)(2)(iii)(A). Energy Kinetics did not provide specific comments
or recommendations regarding what additional control systems should be
accounted for. DOE is not proposing additional changes related to
controls.
Regarding the assumption that boilers are installed indoors, DOE
notes that EPCA states that AFUE for boilers that are not weatherized
is determined based on the assumption that they are located within the
heated space. (See 42 U.S.C. 6291(20)(C).) Regarding boilers that
provide both space heating and domestic hot water, DOE notes that such
products can be tested separately for AFUE for space heating and for
their water heating performance under the DOE test methods for water
heaters. As discussed in section III.A of this document, an industry
test method for combined heating and domestic hot water boiler systems
(ASHRAE 124) is currently under revision, and DOE plans to evaluate the
industry test method further once it is finalized and available.
Lastly, regarding both boilers and furnaces using AFUE, DOE notes that
EPCA prescribes AFUE as the metric for both furnaces and boilers. (See
42 U.S.C. 6291(20)).

D. Updates to Industry Standards

As discussed, ANSI/ASHRAE 103-1993 is referenced throughout
appendix N for various testing requirements pertaining to determination
of the AFUE of consumer boilers. Appendix N also references certain
sections of IEC 62301 (Second Edition) for determining the electrical
standby mode and off mode energy consumption, and ASTM D2156-09
(Reapproved 2013) for adjusting oil burners. DOE noted in the May 2020
RFI that in the case of IEC 62301, the version of the standard that is
currently incorporated by reference is still the most recent version;
and in the case of ASTM D2156-09, the most recent iteration of the
standard is a version reapproved in 2018 that did not contain any
changes from the 2009 version. 85 FR 29352, 29355. DOE did not receive
any comments pertaining to its incorporation by reference of IEC 62301
or ASTM D2156-09 and continues to view these as the appropriate
standards to reference. DOE proposes to maintain the current reference
to IEC 62301, and to update the reference to ASTM D2156-09 to reflect
the version that was reapproved in 2018.
As discussed, ANSI/ASHRAE 103-1993 provides procedures for
determining the AFUE of consumer boilers (and furnaces). As mentioned
previously, ANSI/ASHRAE 103-1993 has been updated multiple times since
1993. In the rulemaking that culminated in the January 2016 final rule,
DOE initially proposed to incorporate by reference the most recent
version of ANSI/ASHRAE 103 available at the time (i.e., ANSI/ASHRAE
103-2007), but ultimately declined to adopt the proposal in the final
rule based on concerns about the impact that changing to ANSI/ASHRAE
103-2007 would have on AFUE ratings of products distributed in commerce
at that time. 81 FR 2628, 2632-2633 (Jan. 15, 2016). DOE stated that
further evaluation was needed to determine the potential impacts of
ANSI/ASHRAE 103-2007 on the measured AFUE of boilers. Id. DOE theorized
that ANSI/ASHRAE 103-2007 might better account for the operation of
two-stage and modulating products and stated that the Department may
further investigate adopting it or a successor test procedure in the
future. Id.
After the January 2016 final rule, ANSI/ASHRAE 103 was again
updated to the current version (i.e., ANSI/ASHRAE 103-2017). In the May
2020 RFI, DOE identified several substantive differences between ANSI/
ASHRAE 103-1993 and ANSI/ASHRAE 103-2017 that pertain to consumer
boilers and requested further comment on the differences between ANSI/
ASHRAE 103-1993 and ANSI/ASHRAE 103-2017. 85 FR 29352, 29355. These
differences included that:

1. ASHRAE 103-2017 includes calculations for determining the
average on-time and off-time per cycle for two-stage and modulating
boilers, rather than assigning fixed values as in ASHRAE 103-1993;
2. ASHRAE 103-2017 includes calculations for the part-load at
maximum and reduced fuel input rates of condensing two-stage and
modulating boilers when the heat up and cool down tests are omitted
as per section 9.10, while ASHRAE 103-1993 does not include these
calculations; \10\
---------------------------------------------------------------------------

\10\ DOE published a final rule in the Federal Register on July
10, 2013, that added equations to appendix N to calculate the part-
load efficiencies at the maximum input rate and reduced input rates
for two-stage and modulating condensing furnaces and boilers when
the manufacturer chooses to omit the heat-up and cool-down tests
under the test procedure. 78 FR 41265. The equations in ASHRAE 103-
2017 are identical to those in appendix N.
---------------------------------------------------------------------------

3. ASHRAE 103-2017 increases post-purge time from less than 5
seconds in ASHRAE 103-1993 to less than or equal to 30 seconds for
determining whether section 9.10, ``Optional Test Procedures for
Conducting Furnaces and Boilers that have no OFF-Period Flue Loss,''
is applicable for units with no measurable airflow through the
combustion chamber during the burner off-period, and it also makes
the application for the default draft factor values in section 9.10
a requirement rather than optional;
4. ASHRAE 103-2017 changes the method for determining national
average burner operating hours (BOH), average annual fuel energy
consumption (EF), and average annual auxiliary electrical energy
consumption (EAE), especially for two-stage and modulating products,
based on a 2002 study from NIST.

Id.

[[Page 14629]]

DOE requested information on whether any differences not identified
by DOE in the May 2020 RFI would impact the consumer boiler test
procedure. Id.
BWC stated that the only difference between ANSI/ASHRAE 103-1993
and ANSI/ASHRAE 103-2017 is for the indoor air temperature requirements
and noted that the 1993 version of the standard specifies a temperature
of 70 [deg]F, while the 2017 version simply references the actual
indoor air temperature. (BWC, No. 4 at p. 2) BWC further stated that it
believes this difference accounts for only slight changes in
calculation with little to no added burden in the test procedure. (BWC,
No. 4 at p. 2) Lochinvar identified a change that was not discussed in
the RFI, which is that the oversize factor for non-condensing,
modulating boilers has been changed from being calculated based on the
design heating requirement (``DHR'') to a constant oversize factor of
0.7. Lochinvar also explained that the constant oversize factor removes
variations based on where the boiler outputs fall in the ADHR ranges
and is more representative and provides more consistent AFUE results
across the range of boiler output capacities. (Lochinvar, No. 8, at p.
2)
While DOE acknowledges the change discussed by BWC, in that the
equations in ANSI/ASHRAE 103-2017 refer to the indoor air temperature
as the variable ``T<INF>IA</INF>,'' rather than defined as ``70,'' DOE
notes that Section 11.2.10.1 of ANSI/ASHRAE 103-2017 defines
T<INF>IA</INF> as 70 [deg]F, the ``assumed average indoor air
temperature.'' Therefore, the use of T<INF>IA</INF> in place of ``70''
in subsequent sections of ANSI/ASHRAE 103-2017 is equivalent to the use
of ``70'' in each analogous equation in ANSI/ASHRAE 103-1993.
DOE also acknowledges the change identified by Lochinvar, and notes
that this change resolves in part an issue with the calculations for
modulating, condensing models in ANSI/ASHRAE 103-1993. In the May 2020
RFI, DOE discussed that the calculations in ANSI/ASHRAE 103-1993 either
rely on certain values calculated for non-condensing, non-modulating
boilers to determine the AFUE of condensing, modulating boilers, or
result in a circular reference. 85 FR 29352, 29357. Changing the
oversize factor to a constant 0.7 for condensing, modulating boilers,
rather than basing it on an equation, appears to partially, but not
fully, resolve the potential circular reference in ANSI/ASHRAE 103-
2017. In further reviewing the calculations in ANSI/ASHRAE 103-2017,
DOE interprets them to rely on certain values calculated for non-
condensing, non-modulating boilers to determine the AFUE of condensing,
modulating boilers to avoid a circular reference.
Specifically, the issue arises within the calculation of steady
state efficiencies at maximum and minimum input rate, which depends in
part on the steady-state heat loss due to condensate going down the
drain at the maximum and reduced input rates. (See Section 11.5.7.3 of
ANSI/ASHRAE 103-2017, which refers to Section 11.3.7.3.) The steady-
state heat loss due to condensate going down the drain at the maximum
and minimum input rates is calculated in part based on the national
average outdoor air temperature at the maximum and minimum input rates.
(See Section 11.5.7.2 of ANSI/ASHRAE 103-2017, which refers to Section
11.3.7.2.) The national average outdoor air temperatures at the maximum
and minimum input rates are both a function of the balance point
temperature. (See Section 11.5.8.3 of ANSI/ASHRAE 103-2017, which
refers to Section 11.4.8.3.) The balance point temperature is
calculated based on the oversize factor at maximum input rate (which
is, as discussed previously, a constant value in ANSI/ASHRAE 103-2017)
and the ratio of the heating capacity at the minimum input rate to the
heating capacity at the maximum input rate. (See Section 11.5.8.4 of
ANSI/ASHRAE 103-2017, which references Section 11.4.8.4.) The heating
capacities at the minimum and maximum input rates are calculated based
in part on the steady-state efficiencies at minimum and maximum input
rates, respectively. (See Section 11.5.8.1 of ANSI/ASHRAE 103-2017,
which references Section 11.4.8.1.) If the calculations were
interpreted to refer back to the steady-state efficiencies at minimum
and maximum input rates for a modulating, condensing model, as
determined by Section 11.5.7.2 of ANSI/ASHRAE 103-2017, a circular
reference would result. However, since there is no specific instruction
to use the values as calculated by Section 11.5.7.2, DOE interprets
ANSI/ASHRAE 103-2017 to instead instruct that the steady-state
efficiency at maximum and reduced input rates be determined as
specified in Section 11.4.8.1, which refers to Section 11.4.7, which in
turn refers to Section 11.2.7 for the calculation of steady-state
efficiency for non-condensing, non-modulating boilers. The steady-state
efficiencies at maximum and minimum input calculated using Section
11.2.7 can then be used to obtain values for output capacities at the
maximum and reduced input, which are needed to calculate the balance
point temperature, the average outdoor air temperature at maximum and
minimum input, and finally the heat loss due to condensate going down
the drain at maximum and minimum input rates. DOE proposes to add
provisions to clarify the approach for calculating steady-state
efficiencies at maximum and minimum input rates for condensing,
modulating boilers using ANSI/ASHRAE 103-2017.
DOE seeks comment on its proposal to clarify the calculation of
steady-state efficiencies at maximum and minimum input rates for
condensing, modulating boilers using ANSI/ASHRAE 103-2017.
DOE also considered the impact of the change in oversize factor
from a calculated value to a constant value. DOE analysis suggests that
changing the oversize factor from being determined by an equation to
being specified as a constant value of 0.7 is unlikely to have a
substantive impact on AFUE ratings, as DOE calculations indicate the
AFUE value is not particularly sensitive to changes in the oversize
factor value. For example, DOE reviewed test data for three modulating,
condensing boilers and found that the change in oversize factor from a
calculated value, as specified in ANSI/ASHRAE 103-1993, to 0.7 changed
the AFUE rating by 0.01 AFUE percentage points or less for all 3
models. DOE also examined more extreme scenarios for these boilers, in
which DOE assigned oversize factors from a minimum of 0 to a maximum of
1.31 and found that the resulting AFUE values differed by only up to
0.07 AFUE percentage points as compared to the AFUE with the assigned
0.7 oversize factor, and only up to 0.13 AFUE percentage points when
comparing the AFUE result at the upper and lower bounds. These minimum
and maximum oversize factors correspond to the minimum and maximum
values that would result from calculation based on the procedure for
determining these values in ANSI/ASHRAE 103-1993 (i.e., heating
capacity divided by design heating requirement minus one; see Section
11.4.8.2 of ANSI/ASHRAE 103-1993).
As such, DOE is proposing to adopt the constant 0.7 oversize factor
through incorporation by reference of ANSI/ASHRAE 103-2017.
Accordingly, DOE is also proposing to remove calculation requirements
corresponding to multiple degrees of oversizing.
DOE also requested information on whether the differences between
ANSI/ASHRAE 103-1993 and ANSI/ASHRAE 103-2017 identified in the May
2020 RFI would impact the measured AFUE,

[[Page 14630]]

and if so, DOE requested test data demonstrating the degree of such
impact. DOE also requested comment on whether the updates to ANSI/
ASHRAE 103 are appropriate for adoption in the Federal test procedure
for consumer boilers, whether the changes would allow for more
representative energy efficiency ratings, and whether the changes would
increase test burden. 85 FR 29352, 29355-29356.
AHRI, Rheem, BWC, Lochinvar, CA IOUs, and NEEA supported updating
the test procedure to incorporate by reference ANSI/ASHRAE 103-2017.
(AHRI, No. 6 at p. 3; Rheem, No. 9 at p. 3; BWC, No. 4 at p. 2;
Lochinvar, No. 8 at p. 2; CA IOUs, No. 7 at p. 5; NEEA, No. 10 at p. 1)
AHRI, Rheem, and Lochinvar encouraged DOE to gather data on whether the
differences between the 1993 and 2017 versions of ANSI/ASHRAE 103-1993
would impact measured AFUE. (AHRI, No. 6 at p. 3 ; Rheem, No. 9 at p.
3; Lochinvar, No. 8 at p. 2)
AHRI stated that it does not believe that adopting the 2017 edition
of ANSI/ASHRAE 103 would significantly affect the efficiency ratings or
change the test burden. AHRI commented that members did not have
sufficient time to reliably assess the impact on measure efficiency and
encouraged DOE to generate data to determine if adopting ASHRAE 103-
2017 would have any effect on the appliance efficiency rating. (AHRI,
No. 6 at p. 3) Similarly, Rheem stated that it does not believe that
adopting the 2017 edition of the ANSI/ASHRAE 103 would significantly
affect the efficiency ratings, although retesting existing models to
the new edition would temporarily increase the test burden. (Rheem, No.
9 at p. 3) The CA IOUs also stated that it believed that ASHRAE 103-
2017 is more representative of typical operation for two-stage,
modulating, and condensing boiler technologies and that updating to
this standard should not create significant additional burden, as the
majority of changes are reflected in the calculation methodology rather
than the test procedure. (CA IOUs, No. 7 at p. 5)
Lochinvar asserted that the testing methods in ANSI/ASHRAE 103-2017
represent a significant improvement as compared to those referenced by
DOE in ANSI/ASHRAE 103-1993 for residential boilers, and cited the use
of calculated values rather than referencing graphs, more realistic on-
and off-cycle times, and the uniform oversize factor regardless of
output rate as providing a more representative average use cycle and
more repeatable results. (Lochinvar, No. 8 at p. 2) Lochinvar stated
that updating to the 2017 version may result in variations of up to 0.5
percent AFUE in either direction for any given model. (Id.) Lochinvar
also stated that it does not believe that referencing ANSI/ASHRAE 103-
2017 would change the measured efficiency enough to result in
substantially different efficiency ratings as compared to those
currently certified, and, therefore, does not believe that retesting
would be necessary if the referenced industry standard were updated.
(Id. at pp. 2-3)
BHI tentatively supported updating to ANSI/ASHRAE 103-2017, with
the caveat that it has not fully studied the impacts of the potential
changes. BHI also requested that DOE provide industry with a set of
sample calculations for each type of boiler covered by the standard, if
DOE adopts ASHRAE 103-2017, to ensure that everyone is operating from
identical methods of calculating AFUE or provide industry with a vetted
software tool. (BHI, No. 11 at p. 2)
NEEA stated that an update to ANSI/ASHRAE 103-2017 would better
capture the performance of two stage and modulating units. (NEEA, No.
10 at pp. 1-2) NEEA explained that while the update my affect AFUE
ratings, the revised ratings will better reflect annual energy
performance leading to a more accurate representation of boiler energy
use. Id.
Weil McLain recommended against updating to ANSI/ASHRAE 103-2017,
arguing that the 1993 version of ASHRAE 103 is still appropriate and
that the resulting increases in accuracy and resolution of the test
method would not increase the accuracy of the test procedure due to the
reporting of AFUE to the tenth of a percent, nor would be worth the
burden of changing the test procedure. (Weil McLain, No. 5 at p. 3)
In this rulemaking, DOE evaluated whether the differences between
the 1993 and 2017 editions of ASHRAE 103 would result in differences in
the measured AFUE.
DOE's preliminary review of prior test data has indicated a
potential for difference in AFUE for certain units, specifically two-
stage or modulating models, due to the changes to the cycle times
between the two editions. In the development of the January 2016 final
rule, DOE conducted preliminary testing to examine the impacts of the
changes in cycle times between the 1993 and 2007 editions of ASHRAE
103, which are comparable to the changes between the 1993 and 2017
editions of ASHRAE 103. 81 FR 2628, 2633. Data collected for the
January 2016 final rule for three models of condensing, modulating
boilers showed that the changes in on-cycle and off-cycle times
resulted in changes in AFUE of 0.11, -0.50, and 0.22 percent,
respectively. For two models of non-condensing, modulating boilers,
calculating the AFUE based on the on-cycle and off-cycle times in ANSI/
ASHRAE 103-2007 changed the AFUE by 0.11 and -0.14 percent,
respectively.\11\
---------------------------------------------------------------------------

\11\ These data were presented at a public meeting for the March
11, 2015 NOPR pertaining to test procedures for furnaces and boilers
and can be found at: <a href="http://www.regulations.gov/document/EERE-2012-BT-TP-0024-0021">www.regulations.gov/document/EERE-2012-BT-TP-0024-0021</a>.
---------------------------------------------------------------------------

In addition, AHRI submitted data for testing it had conducted in
response to the changes proposed in a test procedure NOPR for consumer
furnaces and boilers that was published by DOE on March 11, 2015 (80 FR
12876). The data from AHRI, in relevant part, examined the change in
AFUE resulting from using ANSI/ASHRAE 103-2007 as compared to ANSI/
ASHRAE 103-1993 for three units. The data showed changes in AFUE of -
0.05 percent for a non-condensing, modulating unit, and -0.03 and 0.23
percent for two condensing, modulating units. (See EERE-2012-BT-TP-
0024-0036 at p. 10)
In reviewing ANSI/ASHRAE 103-2017 as compared to ANSI/ASHRAE 103-
1993, DOE tentatively concludes that the improvements included in ANSI/
ASHRAE 103-2017 provide a more representative average use cycle for
consumer boilers, and in particular, for two-stage and modulating
boilers. Specifically, DOE expects that the use of calculated values
rather than referencing graphs, the specification of more
representative on- and off-cycle times, and the specification of a
constant oversize factor regardless of output rate would improve the
results obtained from ANSI/ASHRAE 103-2017 as compared to ANSI/ASHRAE
103-1993.
Therefore, DOE proposes to update the reference to ANSI/ASHRAE 103
in the test procedure for consumer boilers to the 2017 edition. DOE
tentatively concludes that a change from ANSI/ASHRAE 103-1993 to ANSI/
ASHRAE 103-2017 would not materially alter the burden or cost of
conducting an AFUE test. Additional details on DOE's assessment of the
burden associated with this proposed change are in section III.G.1 of
this document. DOE is proposing changes only with respect to consumer
boilers, and not for consumer furnaces. DOE is not proposing to amend
the reference to ANSI/ASHRAE 103-1993 for the provisions applicable to
consumer furnaces. As discussed, to implement this change for boilers
only, DOE proposes to move the test provisions for consumer boilers to
a new appendix, appendix EE, ``Uniform

[[Page 14631]]

Test Method for Measuring the Energy Consumption of Boilers.''
Corresponding to the updated industry standard, DOE proposes to
make several modifications in the proposed new appendix EE as compared
to the current test method in appendix N. As discussed in section III.B
of this document, DOE proposes to remove from new appendix EE
definitions for ``control'' and ``isolated combustion system,'' as
these definitions are included in ANSI/ASHRAE 103-2017. DOE also
proposes to remove the sections for calculating part-load efficiency at
reduced and maximum fuel input rates (currently sections 10.2 and 10.3
in appendix N) from proposed new appendix EE. These sections were
initially adopted by DOE because ANSI/ASHRAE 103-1993 did not provide
calculations for the scenario allowed under section 9.10 of ASHRAE 103
(which is included in both the 1993 and 2017 versions), in which the
heat up and cool down tests can be optionally skipped provided that
certain criteria are met. ANSI/ASHRAE 103-2017 added equations to
address that scenario that are identical to those previously adopted by
DOE, rendering those sections duplicative. DOE is also proposing minor
changes to the test method for models with post-purge times longer than
3 minutes, consistent with the updates included in ANSI/ASHRAE 103-
2017. DOE is also proposing changes to the calculations in section 10,
consistent with changes in ANSI/ASHRAE 103-2017. DOE notes that
appendix N includes certain clarifications to ANSI/ASHRAE 103-1993
(e.g., to specify a reference to a manufacturer's I&O manual rather
than a manufacturer recommendation), and DOE proposes to maintain those
clarifications in new appendix EE to the extent they apply to ANSI/
ASHRAE 103-2017.
As discussed earlier in this section, test data indicate that the
update to the 2017 edition of ASHRAE 103 could result in changes to the
measured AFUE of two-stage and modulating boilers ranging from -0.50
percent to 0.23 percent, with no discernable trend in the direction or
magnitude of change. DOE also notes that several commenters indicated
that incorporating ANSI/ASHRAE 103-2017 would likely not significantly
impact rated values.
DOE seeks further comment on its proposal to update the
incorporation by reference of ASHRAE 103 to the most recent version
(i.e., ANSI/ASHRAE 103-2017) and in particular the potential impact on
ratings and whether retesting would be required.

E. Test Procedure Requirements

1. Ambient Conditions
The current consumer boilers test procedure specifies that the
ambient air temperature during testing must be between 65 [deg]F and
100 [deg]F for non-condensing boilers, and between 65 [deg]F and 85
[deg]F for condensing boilers. See section 7.0 of appendix N and
Section 8.5.2 of ANSI/ASHRAE 103-1993. In addition, the relative
humidity cannot exceed 80 percent during condensate measurement.
Section 8.0 of appendix N and 9.2 of ANSI/ASHRAE 103-1993.
In the May 2020 RFI, DOE requested comment and data on the effects
of ambient temperature and relative humidity on AFUE results, whether
the current ranges of allowable conditions adversely impact the
representativeness of AFUE values or repeatability of AFUE testing, and
whether a narrower range of allowable ambient conditions would increase
testing burden. 85 FR 29352, 29356.
AHRI and Rheem encouraged DOE to defer to the ambient conditions
specified in ANSI/ASHRAE 103-2017, and stated that any changes would
mainly impact condensing models. (AHRI, No. 6, at p. 4; Rheem, No. 9 at
p. 3) Lochinvar stated that the prior record and DOE conclusions
pertaining to ambient temperature ranges and relative humidity limits
remain valid and that further revisions are not necessary. (Lochinvar,
No. 8 at p. 3) Lochinvar also asserted that tightening ambient
condition tolerances could disproportionately impact small businesses,
as they are less likely to be able to absorb the costs of equipment to
maintain such ambient conditions. (Lochinvar, No. 8 at p. 6) Weil
McLain and BHI also supported the use of industry consensus test
procedures and recommended maintaining the range of operating
conditions established in industry standards. (Weil McLain, No. 5 at p.
4; BHI, No. 11 at p. 2)
CA IOUs recommended that DOE narrow the range of allowable ambient
temperature to between 55 [deg]F and 75 [deg]F during the test, with a
tolerance of <plus-minus>2 [deg]F, to better represent field
conditions. (CA IOUs, No. 7 at p. 4) NEEA also recommended that DOE
update ambient and combustion air temperatures to better reflect real
world conditions that exist in basements, garages, or semi-conditioned
spaces and operate during winter months when temperatures are colder.
(NEEA, No. 10 at p. 2) Specifically, NEEA suggested limiting the range
of ambient air temperatures to be reflective of temperatures in spaces
where consumer boilers are likely to be installed; limiting the range
of combustion air temperatures to reflect the likely conditioners
boilers will see (i.e. reflective of the outside air temperature for
condensing products; and limit the range of allowable conditions
overall to reduce the opportunities for gaming the test procedure and
ensure consistency of ratings across multiple tested products. (NEEA,
No. 10 at p. 2) NEEA explained that the ambient air temperature and the
combustion air temperature are likely to affect the boiler's
performance and will affect radiation and convection losses and
combustion efficiency, respectively. (NEEA, No. 10 at p. 2)
In the January 2016 final rule, DOE investigated concerns regarding
the ambient air temperature and humidity ranges allowed by the test
method. 81 FR 2628, 2638. In that rulemaking, some commenters raised
concerns that the wide range of allowable ambient conditions could
impact test results, and that the ranges were initially developed based
on laboratory conditions that are now outdated, (i.e., more closely
controlled conditions may now be achievable). Id. DOE had tested one
non-condensing boiler at several ambient conditions and found that the
effects on AFUE were not statistically significant. DOE also conducted
a series of eight AFUE tests on a condensing, modulating unit and found
that the variations in AFUE could not be definitively attributed to
changes in ambient conditions based on the data. 80 FR 12875, 12890
(Mar. 11, 2015) Therefore, DOE did not propose to update the ambient
conditions in the NOPR that preceded the January 2016 final rule and
stated in the January 2016 final rule that the impact of ambient
conditions on AFUE values warranted further study, but that DOE did not
have adequate data to justify changing the test procedure to narrow the
ambient temperature or humidity ranges. Id.
In response to that NOPR, and again in response to the May 2020
RFI, BHI provided test data for a single condensing boiler which showed
a change in AFUE of 1.3 percent when the relative humidity was changed
from approximately 30 percent to 70 percent. BHI did not support
changing the ambient temperature or humidity limitations in ANSI/ASHRAE
103-2017, stating in response to the May 2020 RFI that minimal changes
should be made to industry standards. (BHI, No. 11 at pp. 2, 11 \12\)
---------------------------------------------------------------------------

\12\ See also Docket No. EERE-2012-BT-TP-0024-0035 at p. 7.
---------------------------------------------------------------------------

After considering these comments and test data, DOE tentatively
concludes that it lacks sufficient evidence to determine

[[Page 14632]]

that ambient conditions affect AFUE to the extent that a model tested
under different ambient conditions within the current allowable bounds
of the test method could have significantly different AFUE ratings.
Although BHI provided test data for a single unit showing a difference,
DOE notes that DOE's previous test data, obtained from multiple units,
did not indicate conclusively that ambient test conditions within the
current bounds cause substantive differences in AFUE. Therefore, DOE is
not proposing to change the ambient test condition requirements.
2. Combustion Airflow Settings
In the course of the rulemaking for the January 2016 final rule, to
provide for greater consistency in burner airflow settings during
testing, DOE proposed specifying that the excess air ratio, flue oxygen
(``O<INF>2</INF>'') percentage, or flue carbon dioxide
(``CO<INF>2</INF>'') percentage be within the middle 30th percentile of
the acceptable range specified in the I&O manual. 80 FR 12876, 12883,
12906 (Mar. 11, 2015). In absence of a specified range in the I&O
manual, DOE proposed requiring the combustion airflow to be adjusted to
provide between 6.9 percent and 7.1 percent dry flue gas O<INF>2</INF>,
or the lowest dry flue gas O<INF>2</INF> percentage that produces a
stable flame, no carbon deposits, and an air-free flue gas carbon
monoxide (``CO'') ratio below 400 parts per million (``ppm'') during
the steady-state test described in Section 9.1 of ANSI/ASHRAE 103-2007,
whichever is higher. 80 FR 12876, 12906. However, after considering
comments regarding the representativeness of the proposal and the
potential impact on rated AFUE, DOE determined that further study was
needed to determine how such changes would impact AFUE ratings. 81 FR
2628, 2636.
In the May 2020 RFI, DOE requested comment on whether more specific
instructions for setting the excess air ratio, flue O<INF>2</INF>
percentage, and/or flue CO<INF>2</INF> percentage should be provided in
the consumer boilers test procedure, and if so, what those instructions
should entail. 85 FR 29352, 29356. DOE was particularly interested in
understanding whether such a change would improve the
representativeness of the test method, and whether it would impact test
burden.
AHRI suggested that for boilers with manually adjustable airflows,
the CO<INF>2</INF> level be set to within 0.1 percent of the
CO<INF>2</INF> level, if specified, or within 0.2 percent of the
maximum if a range is given. In addition, the commenters recommended
that flue CO levels be maintained below 400 ppm and, for oil boilers,
that the smoke level not exceed smoke spot number 1 as measured by ASTM
D-2156.\13\ The commenters suggested that if those conditions are not
met at the CO<INF>2</INF> levels described above, then the highest
possible CO<INF>2</INF> level that meets the CO and smoke criteria (as
applicable) should be used. (AHRI, No. 6 at p. 4) Rheem explained that
more specific instructions for setting the excess air ratio, the flue
O<INF>2</INF> level, and/or the flue CO<INF>2</INF> level should be
added to the test procedure. Rheem further stated its support for the
proposed language included with AHRI's comments. (Rheem, No. 9 at p. 3)
---------------------------------------------------------------------------

\13\ Section 3.1.1 of ASTM D2156-09 (R2018) defines ``smoke spot
number, n'' as the number of the spot on the standard scale most
closely matching the color (or shade) of the test spot. In section
4, ASTM D2156-09 (R2018) summarizes the test method for determining
the smoke spot number as follows: A test smoke spot is obtained by
pulling a fixed volume of flue gas through a fixed area of standard
filter paper. The color (or shade) of the spot thus produced is
visually matched with a standard scale, and the smoke density is
expressed as a ``smoke spot number.''
---------------------------------------------------------------------------

BWC stated that the AHRI residential boiler certification program
operations manual sufficiently addresses setup and adjustment of
O<INF>2</INF> and CO<INF>2</INF> and urged DOE to harmonize the Federal
test procedure with these instructions in the AHRI operations manual.
BWC explained that it would be more representative of how boilers will
be setup and operate in the field. BWC stated that, for premix boilers,
when O<INF>2</INF> and CO<INF>2</INF> values are not listed in the
setup instructions the current test procedure requires conducting the
tests at the CO air-free (COAF) limit, which is unrepresentative of
manufacturer-recommended field setup, and could lead to inaccurate AFUE
ratings. BWC stated that it believes capturing the original
CO<INF>2</INF> level the unit was set at during its initial
certification would provide greater consistency to test results. (BWC,
No. 4 at p. 2)
Lochinvar suggested that, for boilers with adjustable combustion
airflow, the CO<INF>2</INF> should be set to either the I&O manual
specification or, if a range is specified, to the upper limit of the
range. If no CO<INF>2</INF> setting is specified, Lochinvar suggested
testing in the as-found condition. (Lochinvar, No. 8 at p. 3) Lochinvar
also recommended the following requirements be added to the test
method: (1) For oil or power gas burner units with natural or induced
draft, the draft in the firebox be as specified in the manufacturer's
I&O instructions; (2) on forced draft or pressure-fired boilers, the
pressure at the vent connection be as specified in the manufacturer's
I&O instructions, or when a range of pressure is provided combustion
shall be set to the recommended pressure that results in the highest
CO<INF>2</INF>; (3) when tests are required at reduced input rates and
I&O instructions include instruction for adjusting the air/fuel ratio,
firebox pressure, or vent pressure at the minimum firing rate, the
adjustments shall be made as specified in the previous paragraphs but
to the values provided for the minimum firing rate, or otherwise, no
adjustments to the air/fuel ratio, firebox pressure or vent pressure at
the minimum firing rate shall be made; and (4) no firebox or vent
pressure adjustments shall be made to outdoor boilers. (Lochinvar No. 8
at pp. 3-4)
CA IOUs requested that DOE add explicit guidelines for flue
O<INF>2</INF>, CO<INF>2</INF>, or excess air ratios, but did not
provide specific suggestions. (CA IOUs, No. 7 at p. 5) BHI expressed
concern that the addition of CO<INF>2</INF> adjustment requirements
would create significant burden in the form of requiring existing
boilers to be retested, and that this change would result in
significant reductions in AFUE ratings across the market. BHI
recommended that if DOE elects to make this change, conditions similar
to those recommended by AHRI should be adopted. (BHI, No. 11 at p. 3)
Weil McLain also expressed concern with the adoption of a
requirement for CO<INF>2</INF> during testing for boilers with manually
adjustable airflow, asserting that it could introduce an advantage or
disadvantage to this product type relative to others that serve the
same market (i.e., including more combustion property requirements on
one category of regulated product and not all gas-fired categories of
regulated products), and may limit technologies and future enhancements
in the field of combustion science. Weil-McLain stated that if the DOE
pursues this topic, it recommended that DOE take a combustion
technology neutral position by recognizing that: (A) Increasing the
combustion CO<INF>2</INF> is ultimately constrained by a corresponding
increase in the percentage of CO in the flue products and (B) there are
gas-fired appliances for which the CO<INF>2</INF> is designed into the
combustion system and require physically changing or modifying
components to change the CO<INF>2</INF>. Weil-McLain instead
recommended establishing a limit of 400 ppm of CO on an air-free basis
without additional constraints on combustion products for gas-fired
appliances with the ability to adjust the CO<INF>2</INF>. (Weil McLain,
No. 5 at pp. 4-5)

[[Page 14633]]

After considering these comments, DOE tentatively concludes that it
lacks sufficient data and information to indicate that establishing a
requirement for setting the excess air ratio, flue O<INF>2</INF>
percentage, and/or flue CO<INF>2</INF> percentage would provide ratings
that are more representative than the ratings provided under the
current approach. Therefore, DOE has tentatively determined to maintain
the current test procedure and is not proposing to establish a
requirement for setting the excess air ratio, flue O<INF>2</INF>
percentage, and/or flue CO<INF>2</INF> percentage.
3. Input Rates for Step Modulating Boilers
Appendix N includes a number of specific provisions for consumer
boilers with step modulating controls. Boilers with step modulating
controls are capable of operating at reduced input rates (i.e., less
than that maximum nameplate input rate) and gradually or incrementally
increasing or decreasing the input rate as needed to meet the heating
load. The test procedure currently requires step modulating boilers to
be tested at the maximum rate and a minimum (i.e., ``reduced'') input
rate for the steady-state test (referencing Section 9.1 of ASRHAE 103-
1993), the reduced input rate for the cool-down test (referencing
Section 9.5.2.4 of ASRHAE 103-1993), and the reduced input rate for the
heat-up test (referencing Section 9.6.2.1 of ASRHAE 103-1993). In
addition, both the optional tracer gas test and the measurement of
condensate under cyclic conditions, when conducted, are performed at
the reduced input rate (referencing Sections 9.7.5 and 9.8 of ANSI/
ASHRAE 103-1993, respectively). ANSI/ASHRAE 103-2017 contains the same
input rate requirements for modulating boilers as ANSI/ASHRAE 103-1993.
In the May 2020 RFI, DOE requested comment on whether the existing
provisions for testing step modulating boilers appropriately reflect
the performance of such boilers. If not, DOE sought specific
recommendations on the changes that would be necessary to make the test
procedure more representative for such products. 85 FR 29352, 29357.
AHRI, Rheem, BWC, and Weil McLain commented that the current
federal test procedure for modulating units is representative and
appropriate. (AHRI No. 6 at p. 5; Rheem, No. 9 at p. 4; BWC, No. 4 at
p. 2; Weil McLain, No. 5 at p. 5)
Based on the comments received and absent information to the
contrary, DOE is not proposing changes for step modulating units to
account for operation at any additional input rates beyond those
already specified by the test procedure.
4. Return Water Temperature
The test procedure at appendix N currently requires a nominal
return water temperature of 120 [deg]F to 124 [deg]F for non-condensing
boilers and 120 [deg]F <plus-minus> 2 [deg]F for condensing boilers.
(See section 7.0 of appendix N and Sections 8.4.2.3 and 8.4.2.3.2 of
ANSI/ASHRAE 103-1993.)
CA IOUs recommended that DOE adopt multiple entering water
temperatures for condensing and non-condensing boilers, respectively,
consistent with the methodology developed by the ASHRAE 155P Committee
for testing and rating commercial boilers. (CA IOUs, No. 7 at p. 2)
On January 15, 2016, DOE published a final rule amending the energy
conservation standards for consumer furnaces (the ``January 2016 ECS
final rule''). 81 FR 2320. For its analysis for the January 2016 ECS
final rule, DOE investigated the relationship between return water
temperature and field performance, and developed adjustment factors to
modify the AFUE based on expected return water temperatures. DOE
developed adjustment factors for low, medium, and high return water
temperature scenarios and estimated that, on average, AFUE would vary
from the rated value by -2.66 percent to +3.15 percent depending on the
model characteristics and return water temperature.\14\ While DOE
developed three return water temperature scenarios, there is a wide
range of potential return water temperatures in the field. 81 FR 2320,
2354.
---------------------------------------------------------------------------

\14\ See chapter 7 of the January 2016 ECS Final Rule technical
support document (Document No. 70 in Docket No. EERE-2012-BT-STD-
0047), found online at <a href="http://www.regulations.gov/document/EERE-2012-BT-STD-0047-0070">www.regulations.gov/document/EERE-2012-BT-STD-0047-0070</a>.
---------------------------------------------------------------------------

EPCA requires DOE to establish test procedures that are reasonably
designed to produce test results which measure energy efficiency of a
consumer boilers during a representative average use cycle or period of
use, as determined by the Secretary, and shall not be unduly burdensome
to conduct. (42 U.S.C. 6293(b)(3)) DOE tentatively concludes that given
the wide potential range of operating conditions, the single return
water temperature specified in ANSI/ASHRAE 103-2017 provides an average
value that allows for a comparison of performance at comparable rating
conditions and is reasonably representative.
DOE seeks additional comment on whether the return water
temperature in the current test method and ANSI/ASHRAE 103-2017 are
representative and appropriate, and whether any specific changes to the
required conditions could improve representativeness. DOE is also
interested in receiving comment on the test burden that would result
from changing the return water temperature(s) specified in the test
procedure.
5. Active Mode Electrical Energy Consumption
As noted in section III.C of this document, for gas-fired and oil-
fired boilers, AFUE accounts for fossil fuel consumption in active,
standby, and off modes, but does not include electrical energy
consumption.
In response to the May 2020 RFI, CA IOUs recommended that all of
the active mode energy use should be accounted for; however,
information on the active mode electrical energy use be reported
separately, as is done for off mode and standby mode, to enable product
differentiation and to identify best performing boilers regarding
electrical energy consumption. (CA IOUs, No. 7 at p. 4)
As stated, AFUE does not include active mode or standby mode and
off mode electrical consumption for gas-fired and oil-fired boilers. As
such, active mode and standby mode and off mode electrical energy
consumption is not a factor in determining whether a gas-fired or oil-
fired boiler complies with the applicable energy conservation standard,
and is therefore not required to be reported. The DOE test procedure
includes provisions for determining the average annual auxiliary
electrical energy consumption for gas-fired and oil-fired boilers
(E<INF>AE</INF>), as a separate metric from AFUE, that accounts for
active mode, standby mode, and off mode electrical consumption. (See
appendix N, section 10.4.3.) E<INF>AE</INF> is referenced by the
calculations at 10 CFR 430.23(n)(1) for determining the estimated
annual operating cost for furnaces. However, the provisions at 10 CFR
430.23(n) include several incorrect references to sections in appendix
N. DOE is proposing to correct the incorrect section references as part
of this NOPR, but does not view this as a substantive change to the
requirements of 10 CFR 430.23(n). Specifically, DOE proposes to change
references to sections 10.2, 10.3, 10.4, and 10.5 of appendix N to
reference sections 10.4, 10.5, 10.6, and 10.7 of appendix N,
respectively.

[[Page 14634]]

Although not required to be reported separately to DOE, to the
extent that a manufacturer voluntarily chooses to make representations
as to the active mode and standby mode and off mode electrical
consumption of a gas-fired or oil-fired boiler, such representations
must fairly disclose the results of testing according to the DOE test
procedure. (42 U.S.C. 6293(c)(1))
6. Standby Mode and Off Mode
As discussed in section III.C of this document, separate metrics
for power consumption during standby mode and off mode
(P<INF>W,SB</INF> and P<INF>W,OFF</INF>, respectively) are used to
regulate standby mode and off mode energy consumption. These values are
measured in accordance with the procedures in IEC 62301, with certain
exceptions specified regarding test conditions, instrumentation
requirements, and rounding requirements. (See appendix N, section
8.11.)
AHRI recommended that DOE consider streamlining the standby and off
mode power consumption test procedure. (AHRI, No. 6 at p. 6) AHRI
stated that it will investigate means to streamline the process and
will submit a proposal, but AHRI did not have sufficient time to
develop a proposal for this comment deadline. (AHRI, No. 6 at p. 6) DOE
has not received further input or detail from AHRI on this issue prior
to the issuance of this NOPR.
Lochinvar suggested that the standby mode and off mode test
procedure be simplified by allowing a measurement of standby and off
mode energy consumption using a calibrated power meter. (Lochinvar, No.
8 at p. 5)
EPCA requires that DOE amend test procedures to include standby
mode and off mode energy consumption, ``taking into consideration the
most current versions of Standards 62301 and 62087 of the International
Electrotechnical Commission.'' (42 U.S.C. 6295(gg)(2)(A)) The DOE test
method currently references IEC 62301, which provides instructions for
measuring standby mode and off mode energy consumption. IEC 62301
provides several options for measuring the standby mode and off mode
power consumption using either the ``sampling method,'' ``average
reading method,'' or ``direct meter reading method.'' Although these
methods vary, if the standby or off mode consumption is stable, each
method can be completed in under 1 hour, and the sampling method can be
completed in as little as 15 minutes. DOE has determined that the
provisions in IEC 62301 provide an appropriate representation of
standby mode and off mode energy consumption and are not unduly
burdensome. See generally 77 FR 76831 (Dec. 31, 2012). The commenters
did not present data to show that a simplified method could produce
results equivalent to IEC 62301. For these reasons, DOE is not
proposing to amend the test method for standby mode and off mode energy
consumption.
DOE seeks further comment on whether a simplified approach for
measuring standby mode and off mode electrical energy consumption is
appropriate and would provide accurate, representative results that are
comparable to those obtained with IEC 62301.
7. Full Fuel Cycle
Energy Kinetics stated that Full Fuel Cycle (``FFC'') efficiency
and source efficiency analysis should be incorporated into the test
procedure to allow for comparisons between direct fired heat and hot
water systems and electric grid-based systems. Energy Kinetics argued
that low electric power generation efficiency and high transmission and
distribution losses create a false sense of high efficiency for vapor
compression cycle heating equipment when compared to direct fired
heating equipment. (Energy Kinetics, No. 3 at p. 3)
The FFC accounts for the energy consumed in extracting, processing,
and transporting fuels. Generally, DOE uses the National Energy
Modeling System (``NEMS'') as the basis for deriving the energy and
emission multipliers used to conduct FFC analyses in support of energy
conservation standards rulemakings. 77 FR 49701 (Aug. 17, 2012). DOE
also uses NEMS to derive factors to convert site electrical energy use
or savings to primary energy consumption by the electric power sector.
NEMS is updated annually in association with the preparation of the
Energy Information Administration's Annual Energy Outlook. The energy
and emission multipliers used to conduct FFC analyses are subject to
change each year.
DOE has previously considered a FFC metric in the January 2016
final rule. In that final rule, DOE concluded that a mathematical
adjustment to the test procedure to account for FFC is not appropriate,
because the mathematical adjustment to the site-based energy descriptor
relies on information that is updated annually, which would require
annual updating of the test method. 81 FR 2628, 2639. DOE maintains
that position for this NOPR, as the circumstances are the same as when
DOE last considered this issue for the January 2016 final rule, and
accordingly is not proposing to amend the test procedure to reflect
FFC.
8. Conversion Factor for British Thermal Units
Upon its review of the current appendix N test procedure, DOE
observed inconsistencies in the existing formulas with respect to the
values used to convert energy in watts (W) or kilowatts (kW) to Btu/h.
For example, section 10.5 of the current appendix N indicates that the
conversion factor from watt-hours to Btu (i.e., watts to Btu/h) is
3.412. Simultaneously, section 10.4 of the current appendix N includes
equations which include 341,300 as the conversion factor between Watts
and Btu/h expressed for percentage points (essentially identifying the
conversion factor from watt-hours to Btu as 3.413 instead of 3.412).
ANSI/ASHRAE 103-1993 also has these inconsistencies. (See, for
example, section 4 of ANSI/ASHRAE 103-1993 and Appendix B of ANSI/
ASHRAE 103-1993, which use 3.412 W/(Btu/h) and 3.413 W/(Btu/h),
respectively). ANSI/ASHRAE 103-2017 strictly uses the 3.413 W/(Btu/h)
conversion factor, however.
DOE notes that the conversion factor between watts and Btu/h is
generally accepted to be 1 watt = 3.412142 Btu/h (or 1 Btu/h =
0.2930711 watts), as published in the ASHRAE Fundamentals Handbook.\15\
This value is more appropriately rounded to 3.412 W/(Btu/h); therefore,
DOE is making a correction to the proposed appendix N and appendix EE
test procedures to use 3.412 W/(Btu/h) in all calculations. This
correction is not expected to affect AFUE ratings.
---------------------------------------------------------------------------

\15\ 2021 ASHRAE Handbook: Fundamentals (I-P Edition). Peachtree
Corners, GA: American Society of Heating, Refrigeration and Air-
Conditioning Engineers, 2021.
---------------------------------------------------------------------------

F. Alternative Efficiency Determination Methods

At 10 CFR 429.70, DOE includes provisions for alternative
efficiency determination methods (``AEDMs''), which are computer
modeling or mathematical tools that predict the performance of non-
tested basic models. They are derived from mathematical models and
engineering principles that govern the energy efficiency and energy
consumption characteristics of a type of covered equipment. These
computer modeling and mathematical tools, when properly developed, can
provide a relatively straight-forward and reasonably accurate means to
predict the energy usage or efficiency characteristics of a basic model
of a

[[Page 14635]]

given covered product or equipment and reduce the burden and cost
associated with testing. 78 FR 79579, 79580 (Dec. 31, 2013; the
``December 2013 AEDM Final Rule'').
Where authorized by regulation, AEDMs enable manufacturers to rate
and certify their basic models by using the projected energy use or
energy efficiency results derived from these simulation models in lieu
of testing. Id at 78 FR 79580. DOE has authorized the use of AEDMs for
certain covered products and equipment that are difficult or expensive
to test in an effort to reduce the testing burden faced by
manufacturers of expensive or highly customized basic models. Id. DOE's
regulations currently permit manufacturers of certain products and
equipment to use AEDMs to rate their non-tested basic models (and
combinations, where applicable) provided they meet the Department's
regulations governing such use.
Weil-McLain encouraged DOE to allow use of AEDMs for consumer
boilers similar to DOE's existing approach to allow AEDMs for
commercial equipment (which DOE understands to refer to commercial
package boilers) in order to reduce testing burden and speed the new
product development process while maintaining the intent of EPCA.
(Weil-McLain, No. 5 at pp. 1-2)
Currently, manufacturers of consumer boilers (or furnaces more
generally) are not authorized to use an AEDM to determine ratings for
these products. However, as discussed in section III.G.1 of this NOPR,
manufacturers of cast iron boilers may determine AFUE for models at a
capacity other than the highest or lowest of the group of basic models
having identical intermediate sections and combustion chambers through
linear interpolation of data obtained for the smallest and largest
capacity units of the family. See 10 CFR 429.18(a)(2)(iv)(A). These
provisions already provide manufacturers with an alternative method of
rating consumer boilers without testing every model, and this
alternative method reduces manufacturer test burden. Further, DOE
explained in the December 2013 AEDM Final Rule that the AEDM provisions
extend to those products or equipment which ``have expensive or highly-
customized basic models.'' 78 FR 79579, 79580. The current AEDM
provisions for commercial HVAC equipment (including commercial package
boilers, for example) were in part the result of a negotiated
rulemaking effort by the Appliance Standards and Rulemaking Federal
Advisory Committee (ASRAC) in 2013. Id. Boilers designed for
residential applications were not considered at the time.\16\ 78 FR
79579. Hence, at this time, DOE does not have sufficient information to
propose AEDM regulations for consumer boilers.
---------------------------------------------------------------------------

\16\ Working group meeting transcripts can be found at
<a href="http://www.regulations.gov">www.regulations.gov</a> under Docket No. EERE-2013-BT-NOC-0023.
---------------------------------------------------------------------------

DOE requests further comment on whether AEDM provisions similar to
those in place for commercial equipment would be necessary and
appropriate for consumer boilers.

G. Certification Requirements

1. Linear Interpolation
Certification requirements for consumer boilers are provided at 10
CFR 429.18. These requirements, in part, allow for manufacturers to
make representations of efficiency for basic models of sectional cast-
iron boilers having identical intermediate sections and combustion
chambers using linear interpolation of data obtained for the smallest
and largest capacity units of the family. 10 CFR 429.18(a)(2)(iv)(A).
AHRI and Lochinvar recommended that DOE extend the applicability of the
existing linear interpolation provisions to boilers with any type of
heat exchanger material. Specifically, AHRI and Lochinvar suggested
that DOE include an additional section to the linear interpolation
provisions stating, ``for each basic model or input capacity of boilers
having similar geometric construction other than the higher or lowest
input capacity in the group of basic models and is not a sectional
cast-iron boiler.'' Both commenters proposed language which reflects
these potential changes and also includes editorial updates. (AHRI No.
6 at p. 2; Lochinvar, No. 8, at p. 5)
DOE adopted the linear interpolation provision applicable to cast-
iron boilers in a final rule published on April 13, 1979 (``April 1979
Final Rule''). 44 FR 22410. In the April 1979 Final Rule, DOE discussed
the effects of sectional design of cast-iron boilers. Data submitted
showed that the annual fuel utilization efficiency, energy consumption
and estimated annual operating cost of sectional cast iron boilers
(i.e., cast iron boilers consisting of an assembly of two end sections
and a variable number of identical intermediate sections, the number of
intermediate sections depending on the desired heating capacity) can be
accurately predicted by a linear interpolation based on data obtained
from units having the smallest and largest number of intermediate
sections. Id. 44 FR 22415. Therefore, little or no new information
would result from any requirement for actual testing of middle-sized
units. Id. In particular, data was submitted that showed the
efficiencies measured according to DOE test procedures of 15 groups of
sectional cast-iron boilers, with each group comprising boilers
identical except for the number of intermediate sections. Id. An
analysis of the data showed that linear interpolation for the middle-
sized units resulted in errors in the measured efficiency of less than
2 percent compared to actual test results. Id. DOE concluded that since
the tolerance of all measures of energy consumption had been
established as 5 percent (applicable to the test procedures at that
time), the reliability of measured energy consumption for the middle-
sized units would not be significantly diminished by a linear
interpolation based on data obtained from testing units having the
smallest and largest number of intermediate sections and the same
combustion chamber. Id. As discussed, the analysis of this issue in the
April 1979 Final Rule was limited to cast-iron boilers, for which a
robust sample of test data was provided to justify the use of a linear
interpolation approach. Commenters have not provided any data or other
information to demonstrate that using a linear interpolation method
with other types of heat exchanger materials would produce
representative test results. Lacking such data or information that
would justify extending the approach to other materials, DOE is not
proposing to extend the linear interpolation approach to boilers with
other heat exchanger materials. If presented with such data or other
information, DOE could consider such a change.
DOE seeks comment on data or other information that demonstrates
that using a linear interpolation method for heat exchanger materials
other than cast iron would produce representative test results.
2. Supplemental Test Instructions
For commercial boilers, DOE provides that a certification report
may include supplemental testing instructions, if such information is
necessary to run a valid test. Specifically, supplemental information
must include any additional testing and testing set up instructions
(e.g., specific operational or control codes or settings), which would
be necessary to operate the basic model under the required conditions
specified by the relevant test procedure. 10 CFR 429.60(b)(4).
BHI suggested the creation of a repository for test instructions,
similar to that currently in place for commercial boilers, instead of
requiring a waiver to

[[Page 14636]]

allow for use of specific test instructions not included in the I&O
manual or the DOE test procedure. BHI stated that control systems are
increasingly complex, which it asserted makes it impractical to run the
test without special tools or codes in many cases. Further, BHI stated
there are safety and reliability concerns with putting testing-specific
instructions in the I&O manual. BHI also asserted that the use of the
waiver process for these test instruction issues is burdensome,
unnecessary, and is unjustifiably inconsistent with the test procedure
rule for commercial boilers. (BHI, No. 11 at pp. 3-4)
BHI did not provide specific examples of test instructions that
could not be included in the I&O manual due to concerns about safety or
reliability, and that would thus need to be presented in a waiver. In
addition, DOE has not received any petitions for waiver for any basic
models of consumer boilers, indicating that there is not a problem with
testing absent such additional information. Therefore, DOE is not
proposing to establish a repository for test instructions for consumer
boilers. Should testing of a consumer boiler necessitate controls or
instructions other than those included in the I&O manual, manufacturers
may petition for a waiver under the process established at 10 CFR
430.27.
DOE seeks further comment on whether supplemental test instructions
are necessary for testing consumer boilers.
3. Standby Mode and Off Mode Certification
Lochinvar suggested that standby mode and off mode power
consumption determined for a single basic model be permitted to be used
for a product line. Lochinvar stated that the variation in standby and
off mode power consumption between products of the same basic model are
small enough to utilize the basic model's rating for the entire product
line. (Lochinvar, No. 8 at p. 5)
DOE defines ``basic model'' in relevant part as meaning all units
of a given type of covered product (or class thereof) manufactured by
one manufacturer; having the same primary energy source; and which have
essentially identical electrical, physical, and functional (or
hydraulic) characteristics that affect energy consumption, energy
efficiency, water consumption, or water efficiency. 10 CFR 430.2. If
consumer boiler models are sufficiently similar that they can be
grouped as a single basic model consistent with the definition above,
it would be expected that these individual models would have nearly
identical standby mode and off mode power consumption. In such an
instance, standby mode and off mode power consumption determined for an
individual model could be used for all individual models within the
same basic model.

H. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
In response to the May 2020 RFI, Weil-McLain encouraged DOE to
evaluate the cumulative burden upon industry based upon the average
number of regulated product categories and active regulations for
manufacturers during future product efficiency rulemakings. (Weil-
McLain, No. 5 at p. 2)
EPCA requires that any amended test procedures prescribed must be
reasonably designed to produce test results which measure energy
efficiency, energy use or estimated annual operating cost of a covered
product during a representative average use cycle or period of use and
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In
proposing amendments to the test procedure for consumer boilers, DOE
considers the burden to industry. In this NOPR, DOE proposes to amend
the existing test procedure for consumer boilers by updating the
references to industry standards to reference the most recent versions,
i.e., to reference ANSI/ASHRAE 103-2017 and ASTM D2156-09 (R2018). DOE
has tentatively determined that these proposed amendments would not
impact testing costs or increase burden, as discussed in the following
paragraphs.
a. ASTM D2156-09 (R2018)
DOE proposes to incorporate by reference the most recent version of
ASTM D2156-09, which was reaffirmed in 2018. Because the relevant
provisions of ASTM D2156-09 (R2018) are unchanged from the version of
ASTM D2156-09 currently incorporated by reference, this proposed change
would not result in any change to how the test procedure is conducted,
would not impact the measured AFUE ratings, and would not result in any
change to the burden associated with the test procedure.
b. ANSI/ASHRAE 103-2017
DOE proposes to incorporate by reference the most recent version of
ANSI/ASHRAE 103, ANSI/ASHRAE 103-2017. DOE has tentatively concluded
that the test procedure referencing ANSI/ASHRAE 103-2017 would not
impact the test procedure burden as compared to the current test
procedure. As discussed in section III.D of this document, based on a
review of test data and comments from stakeholders, DOE has tentatively
determined that while the proposed amendment could result in
differences in the measured values, such differences would be minimal
and would not require re-testing or re-rating of any consumer boilers.
Based on this initial determination, manufacturers would be able to
rely on data generated under the current test procedure, should the
proposed amendments be finalized. As such, it would be unlikely that
retesting of consumer boilers would be required solely as a result of
DOE's adoption of the proposed amendments to the test procedure.
However, if a manufacturer were to re-test a model using the proposed
procedure, DOE estimates that the cost of performing the proposed AFUE
test at a third-party laboratory would be $3,000.
DOE requests comment on DOE's tentative determination as to the
impact and associated costs of the proposed incorporation by reference
of ANSI/ASHRAE 103-2017.
c. ANSI/ASHRAE 41.6-2014
DOE proposes to incorporate by reference the most recent version of
ANSI/ASHRAE 41.6, ANSI/ASHRAE 41.6-2014. ANSI/ASHRAE 41.6-2014 is
referenced in ANSI/ASHRAE 103-2017 for determining the relative
humidity of the room air during testing of condensing boilers. (See
Section 8.5.1 of ANSI/ASHRAE 103-2017.) The previous version of ANSI/
ASHRAE 103, ANSI/ASHRAE 103-1993, includes limitations on the relative
humidity of the test room during testing of condensing boilers (see
Sections 9.2 and 9.8.1 of ANSI/ASHRAE 103-1993), but does not provide
instructions on how the measurements must be obtained. The reference to
ASHRAE 41.6-2014 in ANSI/ASHRAE 103-2017 will ensure a consistent
approach to determining the relative humidity for the purpose of
meeting the test conditions. Because the DOE test method and ANSI/
ASHRAE 103-1993 currently limit relative humidity allowed during
testing, DOE reasons that relative humidity already must be measured
under the current procedure. DOE has thus tentatively concluded that
the incorporation by reference of ANSI/ASHRAE 41.6-2014 would not
impact the test procedure burden as compared to the current test
procedure, as the method would likely be similar to current practices.

[[Page 14637]]

DOE requests comment on DOE's tentative determination the proposed
incorporation by reference of ASHRAE 41.6-2014 will not increase test
burden.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA) or
estimated operating costs of that product during a representative
average use cycle or period of use. Section 8(c) of appendix A of 10
CFR part 430 subpart C. In cases where the industry standard does not
meet this EPCA statutory criteria for test procedures, DOE will make
modifications as part of the rulemaking process.
Appendix N incorporates by reference ANSI/ASHRAE Standard 103 for
scope, definitions, classifications, requirements, instruments,
apparatus, testing conditions, testing procedure, nomenclature, and
calculations for determining AFUE. Appendix N also incorporates by
reference IEC 62301 for measuring standby mode and off mode power
consumption, and ASTM D2156-09 (Reapproved 2013) for adjusting oil
burners. The industry standards DOE proposes to incorporate by
reference via amendments described in this NOPR are discussed in
further detail in section IV.M of this document. DOE notes that DOE has
previously established certain modifications to ANSI/ASHRAE 103-1993 to
improve representativeness and repeatability, provide additional
direction, and reduce burden. Similarly, DOE has established
modifications to IEC 62301 to substitute conditions for room ambient
temperature and electrical supply from ANSI/ASHRAE 103-1993 to reduce
burden. In general, DOE has determined that those modifications remain
relevant to the updated editions of the referenced industry test
standards and is not proposing to amend or delete those previously
established modifications.
DOE requests comments on the benefits and burdens of the proposed
updates and additions to industry standards referenced in the test
procedure for consumer boilers.

I. Compliance Date

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

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

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

B. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (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: <a href="<a href="http://energy.gov/gc/office-general-counsel">http://energy.gov/gc/office-general-counsel</a>">energy.gov/gc/office-general-counsel</a>.
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE certifies that the proposed rule, if adopted,
would not have significant economic impact on a substantial number of
small entities. The factual basis of this certification is set forth in
the following paragraphs.
Under 42 U.S.C. 6293, the statute sets forth the criteria and
procedures DOE must follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which measure energy efficiency, energy use or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use and not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3))
In this NOPR, DOE proposes to update 10 CFR part 430 subpart B,
appendix N, ``Uniform Test Method for Measuring the Energy Consumption
of Furnaces and Boilers,'' to remove the provisions applicable only to
consumer boilers and rename the appendix ``Uniform Test Method for
Measuring the Energy Consumption of Furnaces.'' Correspondingly, DOE
proposes to create a new appendix EE, ``Uniform Test Method for
Measuring the Energy Consumption of Boilers.'' In the proposed new
appendix EE, DOE proposes to include all provisions currently included
in appendix N for consumer boilers, with the following modifications:
(1) Incorporate by reference the current revision to the applicable
industry standard, ANSI/ASHRAE 103-2017, ``Methods of Testing for
Annual Fuel Utilization Efficiency of Residential Central Furnaces and
Boilers''
(2) Incorporate by reference the current revision of ASTM Standard
D2156-09 (Reapproved 2018), ``Standard Test Method for Smoke Density in
Flue Gases from Burning Distillate Fuels'' (ASTM D2156-09)
(3) Incorporate by reference ASHRAE 41.6-2014, ``Standard Method for
Humidity Measurement''
(4) Update the definitions to reflect the changes in ANSI/ASHRAE 103-
2017 as compared to ANSI/ASHRAE 103-1993. Also remove definition of
outdoor furnace or boiler from 10 CFR 430.2

For manufacturers of consumer boilers, the Small Business
Administration (``SBA'') has set a size threshold, which defines those
entities classified as ``small businesses'' for the purposes of the
statute. DOE used the SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. See 13 CFR part 121. The equipment covered by this rule is
classified under North American Industry Classification System

[[Page 14638]]

(``NAICS'') code 333414,\17\ ``Heating Equipment (except Warm Air
Furnaces) Manufacturing.'' In 13 CFR 121.201, the SBA sets a threshold
of 500 employees or fewer for an entity to be considered as a small
business for this category. DOE identified manufacturers using DOE's
Compliance Certification Database (``CCD''),\18\ the AHRI database,\19\
the California Energy Commission's Modernized Appliance Efficiency
Database System (``MAEDbS''),\20\ the ENERGY STAR Product Finder
database,\21\ and the prior consumer boiler energy conservation
standards rulemaking. DOE used the publicly available information and
subscription-based market research tools (e.g., reports from Dun &
Bradstreet \22\) to identify 28 original equipment manufacturers
(``OEMs'') of the covered equipment. Of the 28 OEMs, DOE identified
seven domestic manufacturers of consumer boilers that met the SBA
definition of a ``small business.''
---------------------------------------------------------------------------

\17\ The size standards are listed by NAICS code and industry
description and are available at: <a href="http://www.sba.gov/document/support--table-size-standards">www.sba.gov/document/support--table-size-standards</a> (Last accessed on September 22, 2021).
\18\ DOE's Compliance Certification Database is available at:
<a href="http://www.regulations.doe.gov/ccms">www.regulations.doe.gov/ccms</a> (last accessed July 12, 2021).
\19\ The AHRI Database is available at: <a href="http://www.ahridirectory.org">www.ahridirectory.org</a>
(last accessed March 3, 2021).
\20\ California Energy Commission's MAEDbS is available at
<a href="http://cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx">cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx</a> (last
accessed September 22, 2021).
\21\ The ENERGY STAR Product Finder database is available at
<a href="http://energystar.gov/productfinder/">energystar.gov/productfinder/</a> (last accessed September 22, 2021).
\22\ <a href="http://app.dnbhoovers.com">app.dnbhoovers.com</a>.
---------------------------------------------------------------------------

As stated earlier, in this NOPR, DOE proposes to amend the existing
test procedure for consumer boilers by updating the references to
industry standards to reference the most recent versions. Based on a
review of test data and stakeholder comments, DOE has initially
determined that the proposed amendments to reference ANSI/ASHRAE 103-
2017 in the test procedure would not require retesting or re-rating.
DOE conducted testing to compare the results from testing in accordance
with ANSI/ASHRAE 103-1993 (the 1993 version is currently incorporated
by reference in the DOE test procedure) with results using the more
recent editions of ANSI/ASHRAE 103 to reach this tentative
determination, which is further supported by a majority of comments
from industry stakeholders indicating no expected impact of updating
this test standard reference. ASTM Standard D2156-09, which is
currently incorporated by reference, was reapproved in 2018 with no
substantial differences. Therefore, DOE's proposal to incorporate the
version of ASTM D2156-09 reapproved in 2018 would not result in any
impact on results or test burden. DOE also proposes to incorporate by
reference ANSI/ASHRAE 41.6-2014, a test method for determination of
relative humidity. ANSI/ASHRAE 103-1993 (and by extension, the current
DOE test procedure) includes limitations on the relative humidity of
the test room during certain testing, but it does not provide
instructions on how the measurements must be obtained. ASHRAE 41.6-2014
is referenced in ANSI/ASHRAE 103-2017 as the required approach to
determining the relative humidity for the purpose of meeting the test
conditions. The test method in ASHARE 41.6-2014 is understood to be
similar to current industry practices and is thus not expected to
introduce any new test burden for manufacturers.
As such, the test procedure amendments would not result in any
change in burden associated the DOE test procedure for consumer
boilers.
Therefore, DOE initially concludes that the test procedure
amendments proposed in this NOPR would not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of an IRFA is not warranted. DOE will transmit the
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
DOE welcomes comment on the Regulatory Flexibility certification
conclusion.

C. Review Under the Paperwork Reduction Act of 1995

Manufacturers of consumer boilers 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 consumer boilers.
(See generally 10 CFR part 429.) The collection-of-information
requirement for the certification and recordkeeping is subject to
review and approval by OMB under the Paperwork Reduction Act (``PRA'').
This requirement has been approved by OMB under OMB control number
1910-1400. Public reporting burden for the certification is estimated
to average 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.
In this NOPR, DOE is proposing to update references to industry
test standards to reference the most current versions. DOE is also
proposing to reorganize the test procedures so that boilers are
addressed in an appendix separate from furnaces generally. The proposed
amendments would not establish new or amended reporting requirements.
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 NOPR, DOE proposes test procedure amendments that it
expects will be used to develop and implement future energy
conservation standards for consumer boilers. DOE has determined that
this rule falls into a class of actions that are categorically excluded
from review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part
1021. Specifically, 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 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

[[Page 14639]]

published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

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

G. Review Under the Unfunded Mandates Reform Act of 1995

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

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

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

I. Review Under Executive Order 12630

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

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

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

K. Review Under Executive Order 13211

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

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

Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy

[[Page 14640]]

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 proposed modifications to the test procedure for consumer
boilers would reference testing methods contained in certain sections
of the following commercial standards: ANSI/ASHRAE Standard 103 (ANSI/
ASHRAE 103-2017), ASTM D2156-09 (R2018), and ANSI/ASHRAE Standard 41.6-
2014 (ANSI/ASHRAE 41.6-2014). DOE has evaluated these standards and is
unable to conclude whether they fully comply with the requirements of
section 32(b) of the FEAA (i.e., whether they were developed in a
manner that fully provides for public participation, comment, and
review.) DOE will consult with both the Attorney General and the
Chairman of the FTC concerning the impact of these test procedures on
competition, prior to prescribing a final rule.

M. Description of Materials Incorporated by Reference

In this NOPR, DOE proposes to incorporate by reference the test
standard published by ANSI/ASHRAE, titled ``Method of Testing for
Annual Fuel Utilization Efficiency of Residential Central Furnaces and
Boilers,'' ANSI/ASHRAE 103-2017. The purpose of ANSI/ASHRAE 103-2017 is
to provide procedures for determining the annual fuel utilization
efficiency of consumer furnaces and boilers. Relevant to the DOE test
procedure, the standard includes test methods for cyclic and part-load
performance and calculation procedures for establishing seasonal
performance. The standard provides information on definitions,
classifications, requirements, instruments, methods of testing, testing
procedures, nomenclature, and calculations for determining the AFUE of
consumer boilers.
ANSI/ASHRAE 103-2017 includes a reference to ANSI/ASHRAE 41.6-2014,
``Standard Method for Humidity Measurement,'' which DOE also proposes
to incorporate by reference. ANSI/ASHRAE 41.6-2014 includes
instructions for measuring the relative humidity of the test room air.
Copies of ANSI/ASHRAE 103-2017 and ANSI/ASHRAE 41.6-2014 can be
obtained from the American Society of Heating, Refrigerating and Air-
Conditioning Engineers, Inc., Publication Sales, 180 Technology Parkway
NW, Peachtree Corners, GA 30092, (800) 527-4723 or (404) 636-8400, or
online at: <a href="http://www.ashrae.org">www.ashrae.org</a>.
In this NOPR, DOE also proposes to incorporate by reference 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 D2156-09 (R2018) includes instructions for
determining the amount of smoke produced by an oil burner to ensure the
burner is adjusted properly.
Copies of ASTM D2156-09 (R2018) can be obtained from the ASTM
International,100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959 or online at: <a href="http://www.astm.org">www.astm.org</a>.
In this NOPR, DOE also proposes to incorporate by reference the
test standard published by IEC, titled ``Household electrical
appliances--Measurement of standby power,'' Edition 2.0 2011-01 (IEC
62301). IEC 62301 includes instructions for determining the electrical
power consumption during standby mode.
Copies of IEC 62301 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: <a href="http://webstore.ansi.org">webstore.ansi.org</a>.

V. Public Participation

A. Participation in the Webinar

The time and date for the webinar are listed in the DATES section
at the beginning of this document. If no participants register for the
webinar, it will be cancelled. Webinar registration information,
participant instructions, and information about the capabilities
available to webinar participants will be published on DOE's website:
<a href="http://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=45&action=viewcurrent">www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=45&action=viewcurrent</a>. Participants are
responsible for ensuring their systems are compatible with the webinar
software.

B. Procedure for Submitting Prepared General Statements for
Distribution

Any person who has an interest in the topics addressed in this
document, or who is representative of a group or class of persons that
has an interest in these issues, may request an opportunity to make an
oral presentation at the webinar. Such persons may submit to
<a href="/cdn-cgi/l/email-protection#1a5b6a6a76737b74797f496e7b747e7b687e694b6f7f696e737574695a7f7f347e757f347d756c">[email&#160;protected]</a>. Persons who wish to speak
should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this rulemaking and the topics they
wish to discuss. Such persons should also provide a daytime telephone
number where they can be reached.
Persons requesting to speak should briefly describe the nature of
their interest in this rulemaking and provide a telephone number for
contact. DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.

C. Conduct of the Webinar

DOE will designate a DOE official to preside at the webinar/public
meeting and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA (42
U.S.C. 6306). A court reporter will be present to record the
proceedings and prepare a transcript. DOE reserves the right to
schedule the order of presentations and to establish the procedures
governing the conduct of the webinar. There shall not be discussion of
proprietary information, costs or prices, market share, or other
commercial matters regulated by U.S. anti-trust laws. After the
webinar/public meeting and until the end of the comment period,
interested parties may submit further comments on the proceedings and
any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will allow time for prepared general statements by participants and
encourage all interested parties to share their views on issues
affecting this rulemaking. Each participant will be allowed to make a
general statement (within time limits determined by DOE), before the
discussion of specific topics. DOE will permit, as time permits, other
participants to comment briefly on any general statements.
At the end of all prepared statements on a topic, DOE will permit
participants

[[Page 14641]]

to clarify their statements briefly. Participants should be prepared to
answer questions by DOE and by other participants concerning these
issues. DOE representatives may also ask questions of participants
concerning other matters relevant to this rulemaking. The official
conducting the webinar/public meeting will accept additional comments
or questions from those attending, as time permits. The presiding
official will announce any further procedural rules or modification of
the above procedures that may be needed for the proper conduct of the
webinar/public meeting.
A transcript of the webinar/public meeting will be included in the
docket, which can be viewed as described in the Docket section at the
beginning of this document. In addition, any person may buy a copy of
the transcript from the transcribing reporter.

D. Submission of Comments

DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, or text (ASCII) file format. Provide documents that are not
secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views from
interested parties concerning the following issues:
(1) DOE seeks comment on whether any other industry test methods
exist for determining the heating efficiency of air-to-water or water-
to-water heat pumps. DOE seeks comment specifically on AHRI 550/590,
and whether it would be appropriate for adoption as a Federal test
procedure for such products, and if so, whether modifications could be
made to result in an AFUE rating.
(2) DOE seeks comment on its proposal to remove the definition of
``outdoor furnace or boiler'' from its regulations. DOE seeks comment
on whether removing the definition for ``outdoor furnace or boiler''
would impact the application of the test procedure or energy
conservation standards for any such products.
(3) DOE seeks comment on its proposal to incorporate by reference
the definitions in ANSI/ASHRAE 103-2017 and to remove the definitions
for ``control'' and ``isolated combustions system'' from the consumer
boiler test procedure at appendix N accordingly.
(4) DOE seeks comment on its proposal to clarify the calculation of
steady-state efficiencies at maximum and minimum input rates for
condensing, modulating boilers using ANSI/ASHRAE 103-2017.
(5) DOE seeks further comment on its proposal to update the
incorporation by reference of ASHRAE 103 to the most recent version
(i.e., ANSI/ASHRAE 103-2017) and in particular the potential impact on
ratings and whether retesting would be required.
(6) DOE seeks additional comment on whether the return water
temperature in the current test method and ANSI/ASHRAE 103-2017 are
representative and appropriate, and whether any specific changes to the
required conditions could improve

[[Page 14642]]

representativeness. DOE is also interested in receiving comment on the
test burden that would result from changing the return water
temperature(s) specified in the test procedure.
(7) DOE seeks further comment on whether a simplified approach for
measuring standby mode and off mode electrical energy consumption is
appropriate and would provide accurate, representative results that are
comparable to those obtained with IEC 62301.
(8) DOE requests further comment on whether AEDM provisions similar
to those in place for commercial equipment would be necessary and
appropriate for consumer boilers.
(9) DOE seeks comment on data or other information that
demonstrates that using a linear interpolation method for heat
exchanger materials other than cast iron would produce representative
test results.
(10) DOE seeks further comment on whether supplemental test
instructions are necessary for testing consumer boilers.
(11) DOE requests comment on DOE's tentative determination as to
the impact and associated costs of the proposed incorporation by
reference of ANSI/ASHRAE 103-2017.
(12) DOE requests comment on DOE's tentative determination the
proposed incorporation by reference of ASHRAE 41.6-2014 will not
increase test burden.
(13) DOE requests comments on the benefits and burdens of the
proposed updates and additions to industry standards referenced in the
test procedure for consumer boilers.
(14) DOE welcomes comment on the Regulatory Flexibility
certification conclusion.

VI. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this notice of
proposed rulemaking and request for comment.

List of Subjects

10 CFR Part 429

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

10 CFR Part 430

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

Signing Authority

This document of the Department of Energy was signed on February
17, 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 the legal effect of this document upon publication in the
Federal Register.

Signed in Washington, DC, on February 22, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

For the reasons stated in the preamble, DOE is proposing to amend
parts 429 and 430 of chapter II of title 10, Code of Federal
Regulations as set forth below:

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

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

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

0
2. Section 429.134 is amended by revising paragraphs (h) introductory
text, (h)(1)(i)(A), and (h)(2)(i)(A) to read as follows:

Sec. 429.134 Product-specific enforcement provisions.

* * * * *
(h) Residential boilers--test protocols for functional verification
of automatic means for adjusting water temperature. These tests are
intended to verify the functionality of the design requirement that a
boiler has an automatic means for adjusting water temperature for
single-stage, two-stage, and modulating boilers. These test methods are
intended to permit the functional testing of a range of control
strategies used to fulfill this design requirement. Section 2,
Definitions, and paragraph 6.1.a of appendix EE to subpart B of part
430 of this chapter apply for the purposes of this paragraph (h).
(1) * * *
(i) * * *
(A) Boiler installation. Boiler installation in the test room shall
be in accordance with the setup and apparatus requirements of section
6.0 of appendix EE to subpart B of part 430 of this chapter.
* * * * *
(2) * * *
(i) * * *
(A) Boiler installation. Boiler installation in the test room shall
be in accordance with the setup and apparatus requirements by section
6.0 of appendix EE to subpart B of part 430 of this chapter.
* * * * *

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

Sec. 430.2 [Amended]

0
4. Section 430.2 is amended by removing the definition of ``outdoor
furnace or boiler''.
0
5. Section 430.3 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraphs (g) introductory text and (g)(11);
0
c. Redesignating paragraphs (g)(17) and (18) as paragraphs (g)(18) and
(19), respectively, and adding new paragraph (g)(17); and
0
d. Revising paragraph (j) introductory text;
0
e. Adding paragraph (j)(3); and
0
f. Revising paragraph (o)(6).
The revisions and additions read as follows:

Sec. 430.3 Materials incorporated by reference.

(a) Certain material is incorporated by reference into this
[chapter/subchapter/part/subpart] with the approval of the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. To enforce any edition other than that specified in this section,
the U.S. Department of Energy (DOE) must publish a document in the
Federal Register and the material must be available to the public. All
approved material is available for inspection at DOE and at the
National Archives and Records Administration (NARA). Contact DOE at:
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant Plaza
SW, Washington, DC 20024, (202) 586-2945, https://www.energy.gov/eere/
buildings/

[[Page 14643]]

appliance-and-equipment-standards-program. For information on the
availability of this material at NARA, email: <a href="/cdn-cgi/l/email-protection#6e081c4007001d1e0b0d1a0701002e000f1c0f40090118">[email&#160;protected]</a>,
or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>. The
material may be obtained from the sources in the following paragraphs
of this section.
* * * * *
(g) ASHRAE. American Society of Heating, Refrigerating and Air-
Conditioning Engineers, Inc., Publication Sales, 180 Technology Parkway
NW, Peachtree Corners, GA 30092, 800-527-4723 or 404-636-8400, or go to
<a href="http://www.ashrae.org">www.ashrae.org</a>.
* * * * *
(11) ANSI/ASHRAE Standard 41.6-2014, (``ASHRAE 41.6-2014''),
Standard Method for Humidity Measurement, ANSI approved July 3, 2014,
IBR approved for appendices F and EE to subpart B of this part.
* * * * *
(17) ANSI/ASHRAE Standard 103-2017, (``ANSI/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 Sec. 430.23 and appendix EE to subpart B of this part.
* * * * *
(j) ASTM International, 100 Barr Harbor Drive, Post Office Box
C700, West Conshohocken, PA 19428-2959, telephone (877) 909-2786,
website: <a href="http://www.astm.org">www.astm.org</a>;
* * * * *
(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
EE to subpart B of this part.
* * * * *
(o) * * *
(6) IEC 62301 (``IEC 62301''), Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01), IBR approved for
appendices C1, D1, D2, F, G, H, I, J2, N, O, P, Q, X, X1, Y, Z, BB, CC,
and EE to subpart B of this part.
* * * * *
0
6. Section 430.23 is amended by revising paragraph (n) to read as
follows:

Sec. 430.23 Test Procedures for the measurement of energy and water
consumption.

* * * * *
(n) Furnaces. (1) The estimated annual operating cost for furnaces
is the sum of:
(i) Product of the average annual fuel energy consumption, in Btu's
per year for gas or oil furnaces or in kilowatt-hours per year for
electric furnaces, determined according to section 10.2.2 or 10.3 of
appendix N (furnaces, excluding low pressure steam or hot water boilers
and electric boilers) or appendix EE (low pressure steam or hot water
boilers and electric boilers) of this subpart, as applicable, and the
representative average unit cost in dollars per Btu for gas or oil, or
dollars per kilowatt-hour for electric, as appropriate, as provided
pursuant to section 323(b)(2) of the Act; plus
(ii) The product of the average annual auxiliary electric energy
consumption in kilowatt-hours per year determined according to section
10.2.3 of appendix N (furnaces, excluding low pressure steam or hot
water boilers and electric boilers) or appendix EE (low pressure steam
or hot water boilers and electric boilers) of this subpart, as
applicable, and the representative average unit cost in dollars per
kilowatt-hour as provided pursuant to section 323(b)(2) of the Act.
(iii) Round the resulting sum to the nearest dollar per year.
(2) The annual fuel utilization efficiency (AFUE) for furnaces,
expressed in percent, is the ratio of the annual fuel output of useful
energy delivered to the heated space to the annual fuel energy input to
the furnace.
(i) For gas and oil furnaces, determine AFUE according to section
10.1 of appendix N (furnaces, excluding low pressure steam or hot water
boilers and electric boilers) or appendix EE (low pressure steam or hot
water boilers and electric boilers) of this subpart, as applicable.
(ii) For electric furnaces, excluding electric boilers, determine
AFUE in accordance with Section 11.1 of ANSI/ASHRAE) 103-1993
(incorporated by reference, see Sec. 430.3); for electric boilers,
determine AFUE in accordance with ANSI/ASHRAE 103-2017.
(iii) Round the annual fuel utilization efficiency to one-tenth of
a percentage point.
(3) The estimated regional annual operating cost for furnaces must
be rounded off to the nearest dollar per year and is defined as
follows:
(i) When using appendix N for furnaces excluding low pressure steam
or hot water boilers and electric boilers (see the note at the
beginning of appendix N),
(A) For gas or oil-fueled furnaces,

(E<INF>FR</INF> x C<INF>BTU</INF>) = (E<INF>AER</INF> x
C<INF>KWH</INF>)

Where:

E<INF>FR</INF> = the regional annual fuel energy consumption in Btu
per year, determined according to section 10.7.1 of appendix N;
C<INF>BTU</INF> = the representative average unit cost in dollars
per Btu of gas or oil, as provided pursuant to section 323(b)(2) of
the Act;
E<INF>AER</INF> = the regional annual auxiliary electrical energy
consumption in kilowatt-hours per year, determined according to
section 10.7.2 of appendix N; and
C<INF>KWH</INF> = the representative average unit cost in dollars
per kilowatt-hour of electricity, as provided pursuant to section
323(b)(2) of the Act.

(B) For electric furnaces,

(E<INF>ER</INF> x C<INF>KWH</INF>)

Where:

E<INF>ER</INF> = the regional annual fuel energy consumption in
kilowatt-hours per year, determined according to section 10.7.3 of
appendix N; and
C<INF>KWH</INF> is as defined in paragraph (n)(3)(i)(A) of this
section.

(ii) When using appendix EE for low pressure steam or hot water
boilers and electric boilers (see the note at the beginning of appendix
EE),
(A) For gas or oil-fueled boilers,

(E<INF>FR</INF> x C<INF>BTU</INF>) + (E<INF>AER</INF> x
C<INF>KWH</INF>)

Where:

E<INF>FR</INF> = the regional annual fuel energy consumption in Btu
per year, determined according to section 10.5.1 of appendix EE;
C<INF>BTU</INF> and C<INF>KWH</INF> are as defined in paragraph
(n)(3)(i)(A) of this section; and
E<INF>AER</INF> = the regional annual auxiliary electrical energy
consumption in kilowatt-hours per year, determined according to
section 10.5.2 of appendix EE.

(B) For electric boilers,

(E<INF>ER</INF> x C<INF>KWH</INF>)

Where:

E<INF>ER</INF> = the regional annual fuel energy consumption in
kilowatt hours per year, determined according to section 10.5.3 of
appendix EE; and
C<INF>KWH</INF> is as defined in paragraph (n)(3)(i)(A) of this
section.

(4) The energy factor for furnaces, expressed in percent, is the
ratio of annual fuel output of useful energy delivered to the heated
space to the total annual energy input to the furnace determined
according to either section 10.6 of appendix N (furnaces, excluding low
pressure steam or hot water boilers and electric boilers) or section
10.4 of appendix EE (low pressure steam or hot water boilers and
electric boilers) of this subpart, as applicable.
(5) The average standby mode and off mode electrical power
consumption for furnaces shall be determined according to section 8.10
of appendix N (furnaces, excluding low pressure steam or hot water
boilers and electric boilers) or section 8.9 of appendix EE (low

[[Page 14644]]

pressure steam or hot water boilers and electric boilers) of this
subpart, as applicable. Round the average standby mode and off mode
electrical power consumption to the nearest tenth of a watt.
(6) Other useful measures of energy consumption for furnaces shall
be those measures of energy consumption which the Secretary determines
are likely to assist consumers in making purchasing decisions and which
are derived from the application of appendix N (furnaces, excluding low
pressure steam or hot water boilers and electric boilers) or appendix
EE (low pressure steam or hot water boilers and electric boilers) of
this subpart.
* * * * *
0
7. Appendix N to subpart B of part 430 is revised to read as follows:

Appendix N to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Consumer Furnaces Other Than Boilers

0. Incorporation by reference.
DOE incorporated by reference in Sec. 430.3, the entire
standards for ASHRAE Standard 103-1993, ASTM D2156-09 (R2018), and
IEC 62301. In cases where there is a conflict, the language of the
test procedure in this appendix takes precedence over the
incorporated standards. However, only the following enumerated
provisions of ASHRAE 103-1993 apply to this appendix:
(1) ASHRAE 103-1993
(i) section 2 ``Scope'' as referenced in section 1.0 of this
appendix;
(ii) section 3 ``Definitions'' as referenced in section 2.0 of
this appendix;
(iii) section 4 ``Classifications'' as referenced in section 3.0
of this appendix;
(iv) section 5 ``Requirements'' as referenced in section 4.0 of
this appendix;
(v) section 6 ``Instruments'' as referenced in section 5.0 of
this appendix;
(vi) section 7 ``Apparatus'' (except for sections 7.1, 7.2.2.2,
7.2.2.5, 7.2.3.1, and 7.8) as referenced in section 6.0 of this
appendix;
(vii) section 8 ``Methods of Testing'' (except for sections
8.2.1.3, 8.4.1.1, 8.4.1.1.2, 8.4.1.2, 8.4.2.1.4, 8.4.2.1.6, 8.6.1.1,
8.7.2, and 8.8.3) as referenced in section 7.0 of this appendix;
(viii) section 9 ``Test Procedure'' (except for sections
9.1.2.2.1, 9.1.2.2.2, 9.5.1.1, 9.5.1.2.1, 9.5.1.2.2,, 9.7.4, and
9.10) as referenced in section 8.0 of this appendix;
(ix) section 10 ``Nomenclature'' as referenced in section 9.0 of
this appendix; and
(x) section 11 ``Calculations'' (except for sections 11.5.11.1,
11.5.11.2) as referenced in section 10.0 of this appendix.
1.0 Scope. The scope of this appendix is as specified in Section
2 of ASHRAE 103-1993 as it pertains to furnaces other than low
pressure steam or hot water boilers or to electric boilers. Low
pressure steam or hot water boilers and electric boilers are
addressed in appendix EE of this subpart.
2.0 Definitions. Definitions include those specified in Section
3 of ASHRAE 103-1993 and the following additional and modified
definitions.
Active mode means the condition in which the furnace is
connected to the power source, and at least one of the burner,
electric resistance elements, or any electrical auxiliaries such as
blowers, are activated.
Control means a device used to regulate the operation of a piece
of equipment and the supply of fuel, electricity, air, or water.
Draft inducer means a fan incorporated in the furnace that
either draws or forces air into the combustion chamber.
Gas valve means an automatic or semi-automatic device consisting
essentially of a valve and operator that controls the gas supply to
the burner(s) during normal operation of an appliance. The operator
may be actuated by application of gas pressure on a flexible
diaphragm, by electrical means, by mechanical means or by other
means.
Installation and operation (I&O) manual means instructions for
installing, commissioning, and operating the furnace, which are
supplied with the product when shipped by the manufacturer.
Isolated combustion system means a system where a unit is
installed within the structure, but isolated from the heated space.
A portion of the jacket heat from the unit is lost, and air for
ventilation, combustion and draft control comes from outside the
heated space.
Multi-position furnace means a furnace that can be installed in
more than one airflow configuration (i.e., upflow or horizontal;
downflow or horizontal; upflow or downflow; and upflow, or downflow,
or horizontal).
Off mode means a mode in which the furnace is connected to a
mains power source and is not providing any active mode or standby
mode function, and where the mode may persist for an indefinite
time. The existence of an off switch in off position (a disconnected
circuit) is included within the classification of off mode.
Off switch means the switch on the furnace that, when activated,
results in a measurable change in energy consumption between the
standby and off modes.
Oil control valve means an automatically or manually operated
device consisting of an oil valve for controlling the fuel supply to
a burner to regulate burner input.
Standby mode means any mode in which the furnace is connected to
a mains power source and offers one or more of the following space
heating functions that may persist:
a. Activation of other modes (including activation or
deactivation of active mode) by remote switch (including thermostat
or remote control), internal or external sensors, and/or timer; and
b. Continuous functions, including information or status
displays or sensor-based functions.
Thermal stack damper means a type of stack damper that relies
exclusively upon the changes in temperature in the stack gases to
open or close the damper.
3.0 Classifications. Classifications are as specified in Section
4 of ASHRAE 103-1993 for furnaces.
4.0 Requirements. Requirements are as specified in Section 5 of
ASHRAE 103-1993 for furnaces.
5.0 Instruments. Instruments must be as specified in Section 6
of ASHRAE 103-1993.
6.0 Apparatus. The apparatus used in conjunction with the
furnace during the testing must be as specified in Section 7 of
ASHRAE 103-1993 except for Sections 7.1, 7.2.2.2, 7.2.2.5, 7.2.3.1,
and 7.8; and as specified in sections 6.1 through 6.5 of this
appendix.
6.1 General.
a. Install the furnace in the test room in accordance with the
I&O manual, as defined in section 2.6 of this appendix, except that
if provisions within this appendix are specified, then the
provisions herein drafted and prescribed by DOE govern. If the I&O
manual and any additional provisions of this appendix are not
sufficient for testing a furnace, the manufacturer must request a
waiver from the test procedure pursuant to 10 CFR 430.27.
b. If the I&O manual indicates the unit should not be installed
with a return duct, then the return (inlet) duct specified in
Section 7.2.1 of ASHRAE 103-1993 is not required.
c. Test multi-position furnaces in the least efficient
configuration. Testing of multi-position furnaces in other
configurations is permitted if energy use or efficiency is
represented pursuant to the requirements in 10 CFR part 429.
d. The apparatuses described in section 6 of this appendix are
used in conjunction with the furnace during testing. Each piece of
apparatus shall conform to material and construction specifications
listed in this appendix and in ASHRAE 103-1993, and the reference
standards cited in this appendix and in ASHRAE 103-1993.
e. Test rooms containing equipment must have suitable facilities
for providing the utilities (including but not limited to
environmental controls, applicable measurement equipment, and any
other technology or tools) necessary for performance of the test and
must be able to maintain conditions within the limits specified in
section 6 of this appendix.
6.2 Forced-air central furnaces (direct vent and direct
exhaust).
a. Units not equipped with a draft hood or draft diverter must
be provided with the minimum-length vent configuration recommended
in the I&O manual or a 5-ft flue pipe if there is no recommendation
provided in the I&O manual (see Figure 4 of ASHRAE 103-1993). For a
direct exhaust system, insulate the minimum-length vent
configuration or the 5-ft flue pipe with insulation having an R-
value not less than 7 and an outer layer of aluminum foil. For a
direct vent system, see Section 7.5 of ASHRAE 103-1993 for
insulation requirements.
b. For units with power burners, cover the flue collection box
with insulation having an R-value of not less than 7 and an outer
layer of aluminum foil before the cool-down and heat-up tests
described in Sections 9.5 and 9.6 of ASHRAE 103-1993, respectively.
However, do not apply the insulation for the jacket loss test (if
conducted) described in

[[Page 14645]]

Section 8.6 of ASHRAE 103-1993 or the steady-state test described in
Section 9.1 of ASHRAE 103-1993.
c. For power-vented units, insulate the shroud surrounding the
blower impeller with insulation having an R-value of not less than 7
and an outer layer of aluminum foil before the cool-down and heat-up
tests described in Sections 9.5 and 9.6, respectively, of ASHRAE
103-1993. Do not apply the insulation for the jacket loss test (if
conducted) described in Section 8.6 of ASHRAE 103-1993 or the
steady-state test described in Section 9.1 of ASHRAE 103-1993. Do
not insulate the blower motor or block the airflow openings that
facilitate the cooling of the combustion blower motor or bearings.
6.3 Downflow furnaces. Install an internal section of vent pipe
the same size as the flue collar for connecting the flue collar to
the top of the unit, if not supplied by the manufacturer. Do not
insulate the internal vent pipe during the jacket loss test (if
conducted) described in Section 8.6 of ASHRAE 103-1993 or the
steady-state test described in Section 9.1 of ASHRAE 103-1993. Do
not insulate the internal vent pipe before the cool-down and heat-up
tests described in Sections 9.5 and 9.6, respectively, of ASHRAE
103-1993. If the vent pipe is surrounded by a metal jacket, do not
insulate the metal jacket. Install a 5-ft test stack of the same
cross-sectional area or perimeter as the vent pipe above the top of
the furnace. Tape or seal around the junction connecting the vent
pipe and the 5-ft test stack. Insulate the 5-ft test stack with
insulation having an R-value not less than 7 and an outer layer of
aluminum foil. (See Figure 3-E of ASHRAE 103-1993.)
6.4 Units with draft hoods or draft diverters. Install the stack
damper in accordance with the I&O manual. Install 5 feet of stack
above the damper.
a. For units with an integral draft diverter, cover the 5-ft
stack with insulation having an R-value of not less than 7 and an
outer layer of aluminum foil.
b. For units with draft hoods, insulate the flue pipe between
the outlet of the furnace and the draft hood with insulation having
an R-value of not less than 7 and an outer layer of aluminum foil.
c. For units with integral draft diverters that are mounted in
an exposed position (not inside the overall unit cabinet), cover the
diverter boxes (excluding any openings through which draft relief
air flows) before the beginning of any test (including jacket loss
test) with insulation having an R-value of not less than 7 and an
outer layer of aluminum foil.
d. For units equipped with integral draft diverters that are
enclosed within the overall unit cabinet, insulate the draft
diverter box with insulation as described in Section 6.4.c before
the cool-down and heat-up tests described in Sections 9.5 and 9.6,
respectively, of ASHRAE 103-1993. Do not apply the insulation for
the jacket loss test (if conducted) described in Section 8.6 of
ASHRAE 103-1993 or the steady-state test described in Section 9.1 of
ASHRAE 103-1993.
6.5 Condensate collection. Attach condensate drain lines to the
unit as specified in the I&O manual. Maintain a continuous downward
slope of drain lines from the unit. Additional precautions (such as
eliminating any line configuration or position that would otherwise
restrict or block the flow of condensate or checking to ensure a
proper connection with condensate drain spout that allows for
unobstructed flow) must be taken to facilitate uninterrupted flow of
condensate during the test. Collection containers must be glass or
polished stainless steel to facilitate removal of interior deposits.
The collection container must have a vent opening to the atmosphere.
7.0 Testing conditions. The testing conditions must be as
specified in Section 8 of ASHRAE 103-1993, except for Sections
8.2.1.3, 8.4.1.1, 8.4.1.1.2, 8.4.1.2, 8.4.2.1.4, 8.4.2.1.6, 8.6.1.1,
8.7.2, and 8.8.3; and as specified in sections 7.1 to 7.9 of this
appendix, respectively.
7.1 Fuel supply, gas. In conducting the tests specified herein,
gases with characteristics as shown in Table 1 of ASHRAE 103-1993
shall be used. Maintain the gas supply, ahead of all controls for a
furnace, at a test pressure between the normal and increased values
shown in Table 1 of ASHRAE 103-1993. Maintain the regulator outlet
pressure at a level approximating that recommended in the I&O
manual, as defined in section 2.6 of this appendix, or, in the
absence of such recommendation, to the nominal regulator settings
used when the product is shipped by the manufacturer. Use a gas
having a specific gravity as shown in Table 1 of ASHRAE 103-1993 and
with a higher heating value within <plus-minus>5% of the higher
heating value shown in Table 1 of ASHRAE 103-1993. Determine the
actual higher heating value in Btu per standard cubic foot for the
gas to be used in the test within an error no greater than 1%.
7.2 Gas burner. Adjust the burners of gas-fired furnaces to
their maximum Btu input ratings at the normal test pressure
specified by section 7.1 of this appendix. Correct the burner input
rate to reflect gas characteristics at a temperature of 60 [deg]F
and atmospheric pressure of 30 in of Hg and adjust down to within
<plus-minus>2 percent of the hourly Btu nameplate input rating
specified by the manufacturer as measured during the steady-state
performance test in section 8 of this appendix. Set the primary air
shutters in accordance with the I&O manual to give a good flame at
this condition. If, however, the setting results in the deposit of
carbon on the burners during any test specified herein, the tester
shall adjust the shutters and burners until no more carbon is
deposited and shall perform the tests again with the new settings
(see Figure 9 of ASHRAE 103-1993). After the steady-state
performance test has been started, do not make additional
adjustments to the burners during the required series of performance
tests specified in section 9 of ASHRAE 103-1993. If a vent-limiting
means is provided on a gas pressure regulator, keep it in place
during all tests.
7.3 Modulating gas burner adjustment at reduced input rate. For
gas-fired furnaces equipped with modulating-type controls, adjust
the controls to operate the unit at the nameplate minimum input
rate. If the modulating control is of a non-automatic type, adjust
the control to the setting recommended in the I&O manual. In the
absence of such recommendation, the midpoint setting of the non-
automatic control shall be used as the setting for determining the
reduced fuel input rate. Start the furnace by turning the safety
control valve to the ``ON'' position.
7.4 Oil burner. Adjust the burners of oil-fired furnaces to give
a CO<INF>2</INF> reading specified in the I&O manual and an hourly
Btu input during the steady-state performance test described in
section 8 of this appendix. Ensure the hourly BTU input is within
<plus-minus>2% of the normal hourly Btu input rating as specified in
the I&O manual. Smoke in the flue may not exceed a No. 1 smoke
during the steady-state performance test as measured by the
procedure in ASTM D2156R13). Maintain the average draft over the
fire and in the flue during the steady-state performance test at the
value specified in the I&O manual. Do not allow draft fluctuations
exceeding 0.005 in. water. 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 of this appendix and shown in Figure 8 of ASHRAE 103-1993.
7.5 Adjust air throughputs to achieve a temperature rise that is
the higher of a and b, below, unless c applies. A tolerance of
<plus-minus>2 [deg]F is permitted.
a. 15 [deg]F less than the nameplate maximum temperature rise or
b. 15 [deg]F higher than the minimum temperature rise specified
in the I&O manual.
c. A furnace with a non-adjustable air temperature rise range
and an automatically controlled airflow that does not permit a
temperature rise range of 30 [deg]F or more must be tested at the
midpoint of the rise range.
7.6 Establish the temperature rise specified in section 7.5 of
this appendix by adjusting the circulating airflow. This adjustment
must be accomplished by symmetrically restricting the outlet air
duct and varying blower speed selection to obtain the desired
temperature rise and minimum external static pressure, as specified
in Table 4 of ASHRAE 103-1993. If the required temperature rise
cannot be obtained at the minimum specified external static pressure
by adjusting blower speed selection and duct outlet restriction,
then the following applies.
a. If the resultant temperature rise is less than the required
temperature rise, vary the blower speed by gradually adjusting the
blower voltage so as to maintain the minimum external static
pressure listed in Table 4 of ASHRAE 103-1993. The airflow
restrictions shall then remain unchanged. If static pressure must be
varied to prevent unstable blower operation, then increase the
static pressure until blower operation is stabilized, except that
the static pressure must not exceed the maximum external static
pressure as specified by the manufacturer in the I&O manual.
b. If the resultant temperature rise is greater than the
required temperature rise, then the unit can be tested at a higher
temperature rise value, but one not greater than nameplate maximum
temperature rise. In order not to exceed the maximum

[[Page 14646]]

temperature rise, the speed of a direct-driven blower may be
increased by increasing the circulating air blower motor voltage.
7.7 Measurement of jacket surface temperature. Divide the jacket
of the furnace into 6-inch squares when practical, and otherwise
into 36-square-inch regions comprising 4-inch by 9-inch or 3-inch by
12-inch sections, and determine the surface temperature at the
center of each square or section with a surface thermocouple. Record
the surface temperature of the 36-square-inch areas in groups where
the temperature differential of the 36-square-inch areas is less
than 10 [deg]F for temperature up to 100 [deg]F above room
temperature, and less than 20 [deg]F for temperatures more than 100
[deg]F above room temperature. For forced-air central furnaces, the
circulating air blower compartment is considered as part of the duct
system, and no surface temperature measurement of the blower
compartment needs to be recorded for the purpose of this test. For
downflow furnaces, measure all cabinet surface temperatures of the
heat exchanger and combustion section, including the bottom around
the outlet duct and the burner door, using the 36-square-inch
thermocouple grid. The cabinet surface temperatures around the
blower section do not need to be measured (See Figure 3-E of ASHRAE
103-1993).
7.8 Installation of vent system. Keep the vent or 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 vent length as specified in the I&O manual, or a 5-
ft. flue pipe if there are no recommendations in the I&O manual. Do
not connect a furnace employing a direct vent system to a chimney or
induced-draft source. Vent combustion products solely by using the
venting incorporated in the furnace and the vent or air intake
system supplied by the manufacturer. For units that are not designed
to significantly preheat the incoming air, see section 7.4 of this
appendix and Figure 4a or 4b of ASHRAE 103-1993. For units that do
significantly preheat the incoming air, see Figure 4c or 4d of
ASHRAE 103-1993.
7.9 Additional optional method of testing for determining DP and
DF for furnaces. On units whose design is such that there is no
measurable airflow through the combustion chamber and heat exchanger
when the burner(s) is (are) off as determined by the optional test
procedure in section 7.9.1 of this appendix, D<INF>F</INF> and
D<INF>P</INF> may be set equal to 0.05.
7.9.1 Optional test method for indicating the absence of flow
through the heat exchanger. Manufacturers may use the following test
protocol to determine whether air flows through the combustion
chamber and heat exchanger when the burner(s) is (are) off. The
minimum default draft factor (as allowed per Sections 8.8.3 and 9.10
of ASHRAE 103-1993) may be used only for units determined pursuant
to this protocol to have no airflow through the combustion chamber
and heat exchanger.
7.9.1.1 Test apparatus. Use a smoke stick that produces smoke
that is easily visible and has a density less than or approximately
equal to air. Use a smoke stick that produces smoke that is non-
toxic to the test personnel and produces gas that is unreactive with
the environment in the test chamber.
7.9.1.2 Test conditions. Minimize all air currents and drafts in
the test chamber, including turning off ventilation if the test
chamber is mechanically ventilated. Wait at least two minutes
following the termination of the furnace on-cycle before beginning
the optional test method for indicating the absence of flow through
the heat exchanger.
7.9.1.3 Location of the test apparatus. After all air currents
and drafts in the test chamber have been eliminated or minimized,
position the smoke stick based on the following equipment
configuration:
(a) For horizontal combustion air intakes, approximately 4
inches from the vertical plane at the termination of the intake vent
and 4 inches below the bottom edge of the combustion air intake; or
(b) for vertical combustion air intakes, approximately 4 inches
horizontal from vent perimeter at the termination of the intake vent
and 4 inches down (parallel to the vertical axis of the vent).
7.9.1.4 Duration of test. Establish the presence of smoke from
the smoke stick and then monitor the direction of the smoke flow for
no less than 30 seconds.
7.9.1.5 Test results. During visual assessment, determine
whether there is any draw of smoke into the combustion air intake
vent.
(a) If absolutely no smoke is drawn into the combustion air
intake, the furnace meets the requirements to allow use of the
minimum default draft factor pursuant to Section 8.8.3 and/or
Section 9.10 of ASHRAE 103-1993.
(b) If there is any smoke drawn into the intake, proceed with
the methods of testing as prescribed in Section 8.8 of ASHRAE 103-
1993.
8.0 Test procedure. Conduct testing and measurements as
specified in Section 9 of ASHRAE 103-1993 except for Sections
9.1.2.2.1, 9.1.2.2.2, 9.5.1.1, 9.5.1.2.1, 9.5.1.2.2, 9.7.4, and
9.10; and as specified in sections 8.1 through 8.10 of this
appendix. Section 8.4 of this appendix may be used in lieu of
Section 9.2 of ASHRAE 103-1993.
8.1 Fuel input. For gas units, measure and record the steady-
state gas input rate in Btu/hr, including pilot gas, corrected to
standard conditions of 60 [deg]F and 30 in. Hg. Use measured values
of gas temperature and pressure at the meter and barometric pressure
to correct the metered gas flow rate to the above standard
conditions. For oil units, measure and record the steady-state fuel
input rate.
8.2 Electrical input. During the steady-state test, perform a
single measurement of all of the electrical power involved in burner
operation (PE), including energizing the ignition system, controls,
gas valve or oil control valve, and draft inducer, if applicable.
During the steady-state test, perform a single measurement of
the electrical power to the circulating air blower (BE).
8.3 Input to interrupted ignition device. For burners equipped
with an interrupted ignition device, record the nameplate electric
power used by the ignition device, PE<INF>IG</INF>, or record that
PE<INF>IG</INF> = 0.4 kW if no nameplate power input is provided.
Record the nameplate ignition device on-time interval,
t<INF>IG</INF>, or, if the nameplate does not provide the ignition
device on-time interval, measure the on-time interval with a
stopwatch at the beginning of the test, starting when the burner is
turned on. Set t<INF>IG</INF> = 0 and PE<INF>IG</INF> = 0 if the
device on-time interval is less than or equal to 5 seconds after the
burner is on.
8.4 Optional test procedures for condensing furnaces,
measurement of condensate during the establishment of steady-state
conditions. For units with step-modulating or two-stage controls,
conduct the test at both the maximum and reduced inputs. In lieu of
collecting the condensate immediately after the steady state
conditions have been reached as required by Section 9.2 of ASHRAE
103-1993, condensate may be collected during the establishment of
steady state conditions as defined by Section 9.1.2.1 of ASHRAE 103-
1993. Perform condensate collection for at least 30 minutes. Measure
condensate mass immediately at the end of the collection period to
prevent evaporation loss from the sample. Record fuel input for the
30-minute condensate collection test period. Observe and record fuel
higher heating value (HHV), temperature, and pressures necessary for
determining fuel energy input (Qc,ss). Measure the fuel quantity and
HHV with errors no greater than 1%. The humidity for the room air
shall at no time exceed 80%. Determine the mass of condensate for
the establishment of steady state conditions (Mc,ss) in pounds by
subtracting the tare container weight from the total container and
condensate weight measured at the end of the 30-minute condensate
collection test period.
8.5 Cool-down test for gas- and oil-fueled gravity and forced-
air central furnaces without stack dampers. Turn off the main burner
after completing steady-state testing, and measure the flue gas
temperature by means of the thermocouple grid described in Section
7.6 of ASHRAE 103-1993 at 1.5 minutes
(T<INF>F,OFF</INF>(t<INF>3</INF>)) and 9 minutes
(T<INF>F,OFF</INF>(t<INF>4</INF>)) after shutting off the burner.
When taking these temperature readings, the integral draft diverter
must remain blocked and insulated, and the stack restriction must
remain in place. On atmospheric systems with an integral draft
diverter or draft hood and equipped with either an electromechanical
inlet damper or an electromechanical flue damper that closes within
10 seconds after the burner shuts off to restrict the flow through
the heat exchanger in the off-cycle, bypass or adjust the control
for the electromechanical damper so that the damper remains open
during the cool-down test.
For furnaces that employ post-purge, measure the length of the
post-purge period with a stopwatch. Record the time from burner
``OFF'' to combustion blower ``OFF'' (electrically de-energized) as
t<INF>P</INF>. If the measured t<INF>P</INF> is less than or equal
to 30 seconds, set t<INF>P</INF> at 0 and conduct the cool-down test
as if there is no post-purge. If t<INF>P</INF> is prescribed by the
I&O manual or measured to be greater than 180 seconds, stop the
combustion blower at 180 seconds and use that value for
t<INF>P</INF>. Measure the flue gas temperature by means of the
thermocouple grid described in Section 7.6 of ASHRAE 103-1993 at the
end of the post-purge period,

[[Page 14647]]

t<INF>P</INF>(T<INF>F,OFF</INF> (t<INF>P</INF>)), and at the time
(1.5 + t<INF>P</INF>) minutes (T<INF>F,OFF</INF>(t<INF>3</INF>)) and
(9.0 + t<INF>P</INF>) minutes (T<INF>F,OFF</INF>(t<INF>4</INF>))
after the main burner shuts off.
8.6 Cool-down test for gas- and oil-fueled gravity and forced-
air central furnaces without stack dampers and with adjustable fan
control. For a furnace with adjustable fan control, measure the time
delay between burner shutdown and blower shutdown, t\+\. This time
delay, t\+\, will be 3.0 minutes for non-condensing furnaces or 1.5
minutes for condensing furnaces or until the supply air temperature
drops to a value of 40 [deg]F above the inlet air temperature,
whichever results in the longest fan on-time. For a furnace without
adjustable fan control or with the type of adjustable fan control
whose range of adjustment does not allow for the time delay, t\+\,
specified above, bypass the fan control and manually control the fan
to allow for the appropriate delay time as specified in Section
9.5.1.2 of ASHRAE 103-1993. For a furnace that employs a single
motor to drive both the power burner and the indoor air circulating
blower, the power burner and indoor air circulating blower must be
stopped at the same time.
8.7 Direct measurement of off-cycle losses testing method.
[Reserved.]
8.8 Calculation options. The rate of the flue gas mass flow
through the furnace and the factors D<INF>P</INF>, D<INF>F</INF>,
and D<INF>S</INF> are calculated by the equations in Sections
11.6.1, 11.6.2, 11.6.3, 11.6.4, 11.7.1, and 11.7.2 of ASHRAE 103-
1993. On units whose design is such that there is no measurable
airflow through the combustion chamber and heat exchanger when the
burner(s) is (are) off (as determined by the optional test procedure
in section 7.9 of this appendix), D<INF>F</INF> and D<INF>P</INF>
may be set equal to 0.05.
8.10 Optional test procedures for condensing furnaces that have
no off-period flue losses. For units that have applied the test
method in section 7.9 of this appendix to determine that no
measurable airflow exists through the combustion chamber and heat
exchanger during the burner off-period and having post-purge periods
of less than 5 seconds, the cool-down and heat-up tests specified in
Sections 9.5 and 9.6 of ASHRAE 103-1993 may be omitted. In lieu of
conducting the cool-down and heat-up tests, the tester may use the
losses determined during the steady-state test described in Section
9.1 of ASHRAE 103-1993 when calculating heating seasonal efficiency,
Effy<INF>HS</INF>.
8.10 Measurement of electrical standby and off mode power.
8.10.1 Standby power measurement. With all electrical
auxiliaries of the furnace not activated, measure the standby power
(P<INF>W,SB</INF>) in accordance with the procedures in IEC 62301,
except that Section 8.5, Room Ambient Temperature, of ASHRAE 103-
1993 and the voltage provision of Section 8.2.1.4, Electrical
Supply, of ASHRAE 103-1993 shall apply in lieu of the corresponding
provisions of IEC 62301 at Section 4.2, Test room, and the voltage
specification of Section 4.3, Power supply. Frequency shall be 60Hz.
Clarifying further, IEC 62301 Section 4.4, Power measurement
instruments, and Section 5, Measurements, apply in lieu of ASHRAE
103-1993 Section 6.10, Energy Flow Rate. Measure the wattage so that
all possible standby mode wattage for the entire appliance is
recorded, not just the standby mode wattage of a single auxiliary.
Round th

[…truncated; see source link]

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on March 15, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.