Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Proposed Rules 20053

they should carry the electronic Register Liaison Officer has been information, participant instructions, signature of the author. authorized to sign and submit the and information about the capabilities Campaign form letters. Please submit document in electronic format for available to webinar participants. campaign form letters by the originating publication, as an official document of ADDRESSES: Interested persons are organization in batches of between 50 to the Department of Energy. This encouraged to submit comments using 500 form letters per PDF or as one form administrative process in no way alters the Federal eRulemaking Portal at letter with a list of supporters’ names the legal effect of this document upon http://www.regulations.gov. Follow the compiled into one or more PDFs. This publication in the Federal Register. instructions for submitting comments. reduces comment processing and Signed in Washington, DC, on April 13, Alternatively, interested persons may posting time. 2021. submit comments by email to the Confidential Business Information. Treena V. Garrett, following address: DHE2019TP0003@ According to 10 CFR 1004.11, any ee.doe.gov. Include and docket number person submitting information that he Federal Register Liaison Officer, U.S. Department of Energy. EERE–2019–BT–TP–0003 and/or RIN or she believes to be confidential and [FR Doc. 2021–07818 Filed 4–15–21; 8:45 am] number 1904–AE30 in the subject line exempt by law from public disclosure of the message. Submit electronic BILLING CODE 6450–01–P should submit via email to comments in WordPerfect, Microsoft [email protected] Word, PDF, or ASCII file format, and with two well-marked copies: one copy DEPARTMENT OF ENERGY avoid the use of special characters or of the document marked confidential any form of encryption. including all the information believed to 10 CFR Part 430 Although DOE has routinely accepted be confidential, and one copy of the public comment submissions through a document marked ‘‘non-confidential’’ [EERE–2019–BT–TP–0003] variety of mechanisms, including postal with the information believed to be RIN 1904–AE30 mail and hand delivery/courier, the confidential deleted. DOE will make its Department has found it necessary to own determination about the Energy Conservation Program: Test make temporary modifications to the confidential status of the information Procedure for Direct Heating comment submission process in light of and treat it according to its Equipment the ongoing Covid–19 pandemic. DOE is determination. currently suspending receipt of public AGENCY: Office of Energy Efficiency and It is DOE’s policy that all comments comments via postal mail and hand may be included in the public docket, Renewable Energy, Department of Energy. delivery/courier. If a commenter finds without change and as received, that this change poses an undue ACTION: including any personal information Notice of proposed rulemaking hardship, please contact Appliance provided in the comments (except and request for comment. Standards Program staff at (202) 586– information deemed to be exempt from SUMMARY: The U.S. Department of 1445 to discuss the need for alternative public disclosure). arrangements. Once the Covid–19 DOE considers public participation to Energy (DOE) proposes to amend the test procedure for direct heating pandemic health emergency is resolved, be a very important part of the process DOE anticipates resuming all of its for developing test procedures and equipment (DHE) to incorporate by reference the most recent versions of the regular options for public comment energy conservation standards. DOE submission, including postal mail and actively encourages the participation industry consensus test standards currently referenced in the Federal test hand delivery/courier. and interaction of the public during the No telefacsimilies (faxes) will be comment period in each stage of this procedure. DOE also proposes to update definitions regarding unvented heaters, accepted. For detailed instructions on process. Interactions with and between submitting comments and additional members of the public provide a account for multiple operational modes, specify the allowable measurement error information on the rulemaking process, balanced discussion of the issues and see section V of this document (Public assist DOE in the process. Anyone who for oil pressure, specify the use of manufacturer values for gas supply Participation). wishes to be added to the DOE mailing Docket: The docket, which includes pressure in certain circumstances, list to receive future notices and Federal Register notices, webinar reduce the number of thermocouples information about this process should attendee lists and transcripts, required in the thermocouple grid for contact Appliance and Equipment comments, and other supporting models with small , and clarify Standards Program staff at (202) 287– documents/materials, is available for instructions for calculations regarding 1445 or via email at review at http://www.regulations.gov. ApplianceStandardsQuestions@ condensate mass measurements. DOE All documents in the docket are listed ee.doe.gov. welcomes written comment from the in the http://www.regulations.gov index. public on any subject within the scope However, some documents listed in the Signing Authority of this document (including topics not index, such as those containing This document of the Department of raised in this proposal), as well as information that is exempt from public Energy was signed on April 9, 2021, by submission of data and other relevant disclosure, may not be publicly Kelly Speakes-Backman, Principal information. available. Deputy Assistant Secretary and Acting DATES: Comments: DOE will accept The docket web page can be found at: Assistant Secretary for Energy Efficiency comments, data, and information https://www.regulations.gov/ and Renewable Energy, pursuant to regarding this notice of proposed docket?D=EERE-2019-BT-TP-0003. The delegated authority from the Secretary rulemaking (NOPR) on or before June docket web page contains instructions of Energy. That document with the 30, 2021. See section V, ‘‘Public on how to access all documents, original signature and date is Participation,’’ for details. including public comments, in the maintained by DOE. For administrative Meeting: DOE will hold a webinar on docket. See section V (Public purposes only, and in compliance with Friday, June 4th, 2021 from 9:00 a.m. to Participation) for information on how to requirements of the Office of the Federal 4:00 p.m. See section V, ‘‘Public submit comments through http:// Register, the undersigned DOE Federal Participation,’’ for webinar registration www.regulations.gov.

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FOR FURTHER INFORMATION CONTACT: Dr. West Conshohocken, PA 19428–2959 or 2. Harmonization With Industry Consensus Stephanie Johnson, U.S. Department of online at: www.astm.org. Standards Energy, Office of Energy Efficiency and International Electrotechnical H. Compliance Date Renewable Energy, Building Commission (IEC) 62301 (Second IV. Procedural Issues and Regulatory Review Edition), ‘‘Household electrical A. Review Under Executive Order 12866 Technologies Office, EE–5B, 1000 B. Review Under the Regulatory Flexibility Independence Avenue SW, Washington, appliances-Measurement of standby Act DC 20585–0121. Telephone: (202) 287– power,’’ (Edition 2.0 2011–01). C. Review Under the Paperwork Reduction 1943. Email: Copies of IEC 62301 (Second Edition) Act of 1995 ApplianceStandardsQuestions@ can be obtained from the American D. Review Under the National ee.doe.gov. National Standards Institute, 25 W 43rd Environmental Policy Act of 1969 Mr. Eric Stas, U.S. Department of Street, 4th Floor, New York, NY 10036, E. Review Under Executive Order 13132 Energy, Office of the General Counsel, (212) 642–4900, or online at: http:// F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates GC–33, 1000 Independence Avenue SW, webstore.ansi.org. Underwriters Laboratories, Inc. (UL) Reform Act of 1995 Washington, DC 20585–0121. H. Review Under the Treasury and General Telephone: (202) 586–5827. Email: Standard 729–2016, ‘‘Standard for Government Appropriations Act, 1999 [email protected]. Safety for Oil-Fired Floor ,’’ I. Review Under Executive Order 12630 For further information on how to approved November 22, 2016. J. Review Under Treasury and General submit a comment, review other public UL Standard 730–2016, ‘‘Standard for Government Appropriations Act, 2001 comments and the docket, or participate Safety for Oil-Fired Wall Furnaces,’’ K. Review Under Executive Order 13211 in the webinar, contact the Appliance approved November 22, 2016. L. Review Under Section 32 of the Federal and Equipment Standards Program staff UL Standard 896–2016, ‘‘Standard for Energy Administration Act of 1974 Safety for Oil-Burning Stoves,’’ M. Description of Materials Incorporated at (202) 287–1445 or by email: by Reference ApplianceStandardsQuestions@ approved November 22, 2016. Copies of UL 729–2016, UL 730–2016, V. Public Participation ee.doe.gov. A. Participation in the Webinar and UL 896–2016 can be obtained from B. Procedure for Submitting Prepared SUPPLEMENTARY INFORMATION: DOE Underwriters Laboratories, Inc., 2600 General Statements for Distribution proposes to maintain a previously NW Lake Rd., Camas, WA 98607–8542 C. Conduct of the Webinar approved incorporation by reference or online at: www.ul.com. D. Submission of Comments and incorporate by reference the See section IV.M of this document for E. Issues on Which DOE Seeks Comment following industry standards into the a further discussion of these standards. VI. Approval of the Office of the Secretary Code of Federal Regulations (CFR) at 10 CFR part 430: Table of Contents I. Authority and Background American National Standards I. Authority and Background Direct heating equipment is included Institute (ANSI)/American Society of A. Authority in the list of ‘‘covered products’’ for Heating, Refrigerating, and Air- B. Background which DOE is authorized to establish Conditioning Engineers (ASHRAE) II. Synopsis of the Notice of Proposed and amend energy conservation Standard 103–2017, (ANSI/ASHRAE Rulemaking standards and test procedures. (42 III. Discussion U.S.C. 6292(a)(9)) DOE defines ‘‘direct 103–2017), ‘‘Method of Testing for A. Definitions Annual Utilization Efficiency of 1. Unvented Heaters heating equipment’’ as vented home Residential Central Furnaces and 2. Vented Heaters heating equipment and unvented home ,’’ approved July 3, 2017. B. Updates to Industry Consensus Test heating equipment. 10 CFR 430.2. Copies of ANSI/ASHRAE 103–2017 Methods (Hereafter in this notice of proposed can be obtained from the American 1. ANSI/ASHRAE 103 rulemaking, the terms ‘‘vented heater’’ Society of Heating, Refrigerating, and C. Unvented Heaters and ‘‘unvented heater’’ are used to Air-Conditioning Engineers, Inc., 1791 1. Calculation of Annual Energy describe the two types of DHE). DOE’s Consumption energy conservation standards and test Tullie Circle, NE, Atlanta, GA 30329, 2. Standby Mode and Off Mode Energy (800) 527–4723 or (404) 636–8400, or Consumption procedures for vented heaters are online at: http://www.ashrae.org. D. Vented Heaters currently prescribed at 10 CFR 430.32(i) ANSI Standard Z21.86–2016 (ANSI 1. Models With Multiple Automatic and 10 CFR part 430, subpart B, Z21.86–2016), ‘‘Vented Gas-Fired Space Operation Modes Appendix O, ‘‘Uniform Test Method for Heating Appliances,’’ Sixth Edition, 2. Fuel Supply and Burner Adjustments Measuring the Energy Consumption of approved December 21, 2016. 3. Thermocouples Vented Home Heating Equipment’’ Copies of ANSI Z21.86–2016 can be 4. Cyclic Condensate Collection Test (Appendix O), respectively. DOE’s test obtained from the American National a. Input Rate procedures for unvented heaters are Standards Institute, 25 W 43rd Street, b. Mass Measurement Requirements prescribed at 10 CFR part 430, subpart 5. Other Vented Heater Topics 4th Floor, New York, NY 10036, (212) a. Test Method for Condensing Vented B, Appendix G, ‘‘Uniform Test Method 642–4900, or online at: http:// Home Heating Equipment for Measuring the Energy Consumption www.ansi.org. b. Determination of Balance Point of Unvented Home Heating Equipment’’ American Society for Testing and Temperature, Heating Load Fractions, (Appendix G). DOE currently does not Materials International (ASTM) and Average Outdoor Temperature prescribe energy conservation standards Standard D2156–09 (Reapproved 2018) c. Default Jacket Loss Value for Vented for unvented heaters because, as the (ASTM D2156–09 (2018)), ‘‘Standard Floor Furnaces Department explained in an April 2010 Test Method for Smoke Density in Flue d. Draft Factors for Models with No final rule for DHE, DOE has previously Gases from Burning Distillate ,’’ Measurable Airflow determined that a standard would e. Radiation Shielding reapproved October 1, 2018. E. Performance and Utility produce little energy savings (largely Copies of ASTM D2156–09 (2018) can F. Additional Comment due to the fact that any heat losses are be obtained from the American Society G. Test Procedure Costs, Harmonization, dissipated directly into the conditioned for Testing and Materials International, and Other Topics space) and because of limitations in the 100 Barr Harbor Drive, P.O. Box C700, 1. Test Procedure Costs and Impact applicable DOE test procedure. 75 FR

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20112, 20130 (April 16, 2010). The 6295(s)) EPCA defines the efficiency fully comply with the requirements for unvented heaters test procedure, descriptor for DHE to be annual fuel the test procedures to not be unduly Appendix G, includes neither a method utilization efficiency (AFUE). (42 U.S.C. burdensome to conduct and be for measuring energy efficiency nor a 6291(22)(A)) reasonably designed to produce test descriptor for representing the Federal energy efficiency results that reflect energy efficiency, efficiency of unvented heaters. Instead, requirements for covered products energy use, and estimated operating Appendix G provides a method to established under EPCA generally costs during a representative average measure and calculate the rated output supersede State laws and regulations use cycle or period of use. (42 U.S.C. for all unvented heaters and annual concerning energy conservation testing, 6293(b)(1)(A)) If the Secretary energy consumption of primary electric labeling, and standards. (42 U.S.C. determines, on his own behalf or in unvented heaters. The following 6297(a)–(c)) DOE may, however, grant response to a petition by any interested sections discuss DOE’s authority to waivers of Federal preemption in person, that a test procedure should be establish and amend test procedures for limited circumstances for particular prescribed or amended, the Secretary vented and unvented heaters, as well as State laws or regulations, in accordance shall promptly publish in the Federal relevant background information with the procedures and other Register proposed test procedures and regarding DOE’s consideration of and provisions of EPCA. (42 U.S.C. 6297(d)) afford interested persons an opportunity amendments to test procedures for these Under 42 U.S.C. 6293, EPCA sets forth to present oral and written data, views, products. the criteria and procedures DOE must and arguments with respect to such follow when prescribing or amending procedures. The comment period on a A. Authority test procedures for covered products. proposed rule to amend a test procedure The Energy Policy and Conservation EPCA requires that any test procedures shall be at least 60 days and may not Act, as amended (EPCA),1 Public Law prescribed or amended shall be exceed 270 days. In prescribing or 94–163 (42 U.S.C. 6291–6317, as reasonably designed to produce test amending a test procedure, the codified), among other things, results which measure energy Secretary shall take into account such authorizes DOE to regulate the energy efficiency, energy use, or estimated information as the Secretary determines efficiency of a number of consumer annual operating cost of a covered relevant to such procedure, including products and certain industrial product during a representative average technological developments relating to equipment. Title III, Part B 2 of EPCA use cycle or period of use and not be energy use or energy efficiency of the established the Energy Conservation unduly burdensome to conduct. (42 type (or class) of covered products Program for Consumer Products Other U.S.C. 6293(b)(3)) involved. (42 U.S.C. 6293(b)(2)) If DOE Than Automobiles, which sets forth a In addition, EPCA requires that DOE determines that test procedure revisions variety of provisions designed to amend its test procedures for all covered are not appropriate, DOE must publish improve energy efficiency. These consumer products to integrate in the Federal Register its products include DHE, the subject of measures of standby mode and off mode determination not to amend the test this document. (42 U.S.C. 6292(a)(9)) energy consumption into the overall procedures. (42 U.S.C. 6293(b)(1)(A)) The energy conservation program energy efficiency, energy consumption, DOE is publishing this NOPR in under EPCA consists essentially of four or other energy descriptor, taking into satisfaction of the 7-year-lookback parts: (1) Testing, (2) labeling, (3) consideration the most current versions review requirement specified in EPCA. Federal energy conservation standards, of Standards 62301 3 and 62087 4 of the and (4) certification and enforcement International Electrotechnical B. Background procedures. Relevant provisions of Commission (IEC), unless the current As mentioned previously, DOE’s EPCA specifically include definitions test procedure already incorporates the existing test procedures for unvented (42 U.S.C. 6291), test procedures (42 standby mode and off mode energy heaters and vented heaters appear at U.S.C. 6293), labeling provisions (42 consumption, or if such integration is Appendix G and Appendix O, U.S.C. 6294), energy conservation technically infeasible. (42 U.S.C. respectively. DOE originally established standards (42 U.S.C. 6295), and the 6295(gg)(2)(A)) If an integrated test Appendix G in a final rule published in authority to require information and procedure is technically infeasible, DOE the Federal Register on May 10, 1978, reports from manufacturers. (42 U.S.C. must prescribe separate standby mode which prescribed test procedures for 6296) and off mode energy use test procedures primary electric heaters and a The Federal testing requirements for the covered product, if a separate calculation of national and regional consist of test procedures that test is technically feasible. (Id.) average annual energy consumption. 43 manufacturers of covered products must If DOE determines that a test FR 20128, 20132–20146. DOE amended use as the basis for: (1) Certifying to procedure amendment is warranted, it the test procedure for unvented heaters DOE that their products comply with must publish proposed test procedures on March 28, 1984 (March 1984 final the applicable energy conservation and offer the public an opportunity to rule) to prescribe test procedures for standards adopted pursuant to EPCA (42 present oral and written comments on fossil-fuel-fired unvented heaters and to U.S.C. 6295(s)), and (2) making them. (42 U.S.C. 6293(b)(2)) EPCA also add calculations of the rated output in representations about the efficiency of requires that, at least once every 7 years, British thermal units per hour (Btu/h) those consumer products (42 U.S.C. DOE evaluate test procedures for each for electric heaters and unvented gas 6293(c)). Similarly, DOE must use these type of covered product, including the and oil heaters and an estimated test procedures to determine whether DHE that are the subject of this NOPR, operational cost per million Btu of the products comply with relevant to determine whether amended test output. 49 FR 12148, 12157–12158. DOE energy conservation standards procedures would more accurately or most recently updated Appendix G in a promulgated under EPCA. (42 U.S.C. final rule published December 17, 2012 3 IEC 62301, Household electrical appliances— (December 2012 final rule) to establish 1 All references to EPCA in this document refer Measurement of standby power (Edition 2.0, 2011– procedures for measuring energy to the statute as amended through the Energy Act 01). of 2020, Public Law 116–260 (Dec. 27, 2020). 4 IEC 62087, Methods of measurement for the consumption in standby mode and off 2 For editorial reasons, upon codification in the power consumption of audio, video, and related mode, pursuant to EPCA. 77 FR 74559, U.S. Code, Part B was redesignated Part A. equipment (Edition 3.0, 2011–04). 74571–74572. However, in the

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December 2012 final rule, DOE did not power consumption in standby mode not established energy conservation establish calculations for annual energy and off mode and for calculating the standards for unvented heaters. consumption for supplementary heaters energy consumption associated with For vented heaters, Appendix O or unvented gas and oil heaters, or operation in standby mode and off includes provisions for determining incorporate standby mode and off mode mode. 77 FR 74559, 74561 (Dec. 17, AFUE, which is the efficiency metric energy into the annual energy 2012). In the most recent test procedure used for determining compliance with consumption calculations for primary rulemaking for DHE, DOE added the energy conservation standards for electric heaters because it determined provisions for testing vented heaters vented home heating equipment found that a detailed annual energy that utilize condensing technology and in 10 CFR 430.32(i)(2). Section 4.6 of consumption accounting was not incorporated by reference six industry Appendix O also specifies provisions appropriate for unvented heaters. Id. at test standards to replace the outdated for calculating the annual energy 77 FR 74563. test standards referred to in the then consumption of vented heaters. DOE originally established Appendix existing DOE test procedure. 80 FR 792 Manufacturers must use the test O in a final rule published in the (Jan. 6, 2015) (January 2015 final rule). procedure at Appendix O to Federal Register on May 10, 1978. 43 DOE determined at that time not to demonstrate compliance with the FR 20147, 20182–20205. DOE amended amend the test procedure for unvented current energy conservation standards the test procedure for vented heaters in heaters. Id. at 80 FR 793. for vented heaters. Further, there are the March 1984 final rule to include a currently no industry consensus test simplified procedure for heaters with For unvented electric heaters that are methods to measure DHE energy modulating controls, and to address the primary heating source for the efficiency under the AFUE metric for manually controlled vented heaters, home, Appendix G includes provisions vented home heating equipment, so, vented heaters equipped with thermal for measuring electric power and therefore, the test procedure in stack dampers, and floor furnaces. 49 FR calculating annual energy consumption Appendix O is used. 12148, 12169–12178 (March 28, 1984). in sections 2.1 and 3.1, respectively. For To better understand potential issues DOE amended the test procedure for all unvented heaters, Appendix G with the current test procedures since vented heaters again on May 12, 1997, includes provisions for determining the the last amendments, DOE published a to add calculations for electrical energy rated output, in section 3.3 for electric request for information (RFI) on consumption, to clarify the pilot light heaters and section 3.4 for natural gas, February 26, 2019 (February 2019 RFI). energy measurement for manually- propane, or oil heaters. Appendix G 84 FR 6088. The February 2019 RFI controlled vented heaters, and to update does not contain provisions for requested comment from interested the provisions for determining the determining energy efficiency, as parties on several aspects of the test efficiency of manually-controlled unvented heaters generally are procedure, which are discussed further heaters with variable input rates. 62 FR considered to be 100-percent efficient in section III of this document. DOE 26140, 26156, 26162–26164. In the because any heat losses are lost to the received 7 comments 5 in response to December 2012 final rule, DOE conditioned living space in which the the February 2019 RFI from the established procedures for measuring unit is installed. Accordingly, DOE has interested parties listed in Table I.1.

TABLE I.1—FEBRUARY 2019 RFI WRITTEN COMMENTS

Organization(s) Reference in this document Organization type

Appliance Standards Awareness Project, American Council for an Energy-Efficient Joint Advocates ...... Efficiency Organizations. Economy, Natural Resources Defense Council. Association of Home Appliance Manufacturers ...... AHAM ...... Trade Association. Air-Conditioning, Heating, and Institute ...... AHRI ...... Trade Association. Northwest Energy Efficiency Alliance ...... NEEA ...... Efficiency Organization. Pacific Gas and Electric Company, Southern California Edison, San Diego Gas and CA IOUs ...... Utility. Electric. National Propane Gas Association ...... NPGA ...... Trade Association. Kevin Woodall ...... Woodall ...... Individual.

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

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

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

TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURES RELATIVE TO CURRENT TEST PROCEDURES

Current DOE test procedure Proposed test procedure Attribution

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

DOE has tentatively determined that equipment, not including furnaces, used capacities as other types of heaters that the proposed amendments described in for the purpose of furnishing heat to a are explicitly listed as primary heaters, section III of this NOPR would not alter space proximate to such heater directly and requested comment on whether the the measured efficiency of DHE, or from the heater and without list of examples should include floor require retesting or recertification solely connections and includes electric electric heaters. 84 FR 6088, 6091 (Feb. as a result of DOE’s adoption of the heaters and unvented gas and oil 26, 2019). proposed amendments to the test heaters. 10 CFR 430.2. In the February Regarding the definition of ‘‘unvented procedures, if made final. Additionally, 2019 RFI, DOE requested comment on home heating equipment,’’ the CA IOUs DOE has tentatively determined that the whether any definitions related to suggested that unvented home heating proposed amendments, if made final, unvented heaters should be revised and equipment should be defined using would not increase the cost of testing. if so, how. 84 FR 6088, 6090–6091 (Feb. similar language as ‘‘vented home Discussion of DOE’s proposed actions 26, 2019). In particular, DOE noted that are addressed in detail in section III of floor electric heaters are not currently heating equipment,’’ and the definition this NOPR. included in the examples listed in the should say that unvented systems are designed to furnish ‘‘warm air’’ rather III. Discussion definition of ‘‘primary heater,’’ which is defined as a heating device that is the than ‘‘heat’’ so as to distinguish DHE A. Definitions principal source of heat for a structure from hydronic or steam distribution systems. Additionally, the CA IOUs 1. Unvented Heaters and includes baseboard electric heaters, ceiling electric heaters, and wall electric stated that floor heaters should be DOE defines ‘‘unvented home heating heaters. 10 CFR 430.2. DOE noted that included in the non-exhaustive list of equipment’’ as a class of home heating floor electric heaters have similar output examples under the ‘‘primary heater’’

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definition. (CA IOUs, No. 8 at p. 1) 6 The electric. Space heating products that use equipment’’ and ‘‘vented home heating Joint Advocates also stated that floor technology are defined equipment,’’ as follows. The definition electric heaters should be included in separately from DHE by EPCA. (42 for ‘‘unvented home heating the ‘‘primary heater’’ definition. (Joint U.S.C. 6292(a)(3) and (9)) Therefore, equipment’’ uses the phrase, ‘‘to a space Advocates, No. 6 at p. 1) NEEA DOE cannot consider heat pump proximate to such heater directly from provided conditional support for technology within the unvented electric the heater,’’ while the definition for expanding the primary heater definition heater product class. For these reasons, ‘‘vented home heating equipment’’ uses as long as the inclusion of electric heat DOE proposes to include floor electric the phrase, ‘‘to the living space of a in the definition of primary heater heaters in the definition for ‘‘primary residence, directly from the device.’’ would not eliminate electric heat from heaters.’’ Further, to avoid confusion in DOE has tentatively determined that the other classes of equipment including regard to applicability of the ‘‘primary language from the unvented home heat pump technology, and would not heater’’ and ‘‘supplementary heater’’ heating equipment definition is more have the effect of including gas heating definitions, DOE proposes to amend the representative of DHE, so DOE proposes technology in the same class of terms to ‘‘primary electric heater’’ and to modify the vented home heating equipment as electric. (NEEA, No. 7 at ‘‘supplementary electric heater’’ equipment definition accordingly to be p. 1) consistent with Appendix G. consistent. Finally, DOE proposes to After considering the comments, DOE DOE has also tentatively determined clarify that vented home heating agrees that the definition of ‘‘unvented to add the phrase ‘‘a class of unvented equipment should include exhaust home heating equipment’’ would benefit home heating equipment’’ to the venting, as the current definition does from using language consistent with the definitions of ‘‘electric heater,’’ not state this explicitly. definition of ‘‘vented home heating ‘‘unvented gas heater,’’ and ‘‘unvented DOE also sought comment in the equipment.’’ Consistent with the oil heater’’ to more clearly associate February 2019 RFI regarding the definition of ‘‘vented home heating these definitions as being unvented definitions relevant to vented heaters in equipment’’ that is proposed in this home heating equipment. section 1.0 of Appendix O. 84 FR 6088, document (see section III.A.2), DOE is DOE also proposes to clarify that 6093 (Feb. 26, 2019). DOE particularly proposing to change ‘‘furnishing heat’’ unvented home heating equipment sought comment on whether the to ‘‘furnishing heated air’’ in the should be without exhaust venting, as definition for ‘‘manually controlled definition of ‘‘unvented home heating the current definition does not state this vented heaters’’ should be changed to equipment’’ at 10 CFR 430.2. Similarly, explicitly. exclude heaters ‘‘without automatic DOE also proposes to amend the No other comments were received means of control or operation,’’ rather definitions of ‘‘unvented gas heater’’ regarding the definitions relevant to than ‘‘without ’’ (as in the and ‘‘unvented oil heater’’ from using unvented heaters in response to the current definition) to accommodate any the phrase ‘‘furnishes warm air’’ to February 2019 RFI. means of automatic control rather than ‘‘furnishes heated air.’’ The term DOE requests comment on its just thermostats. Id. In response, AHRI ‘‘warm’’ is subjective and does not proposed changes to the definitions for recommended against this change indicate that any process was used to ‘‘electric heater,’’ ‘‘primary heater,’’ without added explanation. (AHRI, No. add heat to the air being furnished by ‘‘unvented gas heater,’’ ‘‘unvented home 5 at p. 3) the heater, whereas ‘‘heated’’ does heating equipment,’’ and ‘‘unvented oil Subsequent to the February 2019 RFI, indicate that was added heater’’ in 10 CFR 430.2, as well as on DOE further examined models on the to the air. its proposed change in terminology from market with automatic controls, and Additionally, DOE is proposing to ‘‘primary heater’’ and ‘‘supplementary found that all products identified with explicitly include floor electric heaters heater’’ to ‘‘primary electric heater’’ and automatic controls other than as one of the examples provided in the ‘‘supplementary electric heater,’’ thermostats (e.g., a timer control) also definition of a ‘‘primary heater.’’ To the respectively. include thermostatic control mechanisms. Therefore, DOE has extent that a floor electric heater is the 2. Vented Heaters principal source of heat for a structure, tentatively determined that changing the it is a primary heater. The proposed In the February 2019 RFI, DOE also definition as discussed in the February change would make such inclusion requested comment regarding whether 2019 RFI would not provide any explicit in the definition of ‘‘primary changes to any definitions applicable to additional clarification to the heater’’ and would have no effect on the vented heaters in 10 CFR 430.2 are application of the definition and is not scope of coverage for floor electric necessary. 84 FR 6088, 6091 (Feb. 26, proposing to amend this definition. heaters. 2019). In response, AHRI responded that DOE also requested comment In response to NEEA’s comment, DOE no definitional changes are needed in 10 generally on whether all other notes that including ‘‘floor electric CFR 430.2 regarding vented heaters. definitions provided in section 1.0 of heaters’’ as an example of an unvented (AHRI, No. 5 at p. 1) To align the Appendix O are all still appropriate, or electric heater type within the primary definitions of unvented and vented if other updates are needed. 84 FR 6088, heater definition would not eliminate heaters throughout 10 CFR 430.2, DOE 6093 (Feb. 26, 2019). AHRI responded space heating fueled by electricity from proposes to change the phrasing of that the definitions in section 1.0 of other classes of equipment including ‘‘warm’’ or ‘‘warmed’’ air to ‘‘heated’’ air Appendix O are appropriate and do not heat pump technology, and would not in the definitions of ‘‘vented home require changes. (AHRI, No. 5 at p. 3) have the effect of including gas heating heating equipment’’ and ‘‘vented room The CA IOUs recommended the technology in the same product class as heaters.’’ As discussed in the preceding following definitional changes: Update section, the term ‘‘warm’’ does not the ‘‘barometric draft regulator or 6 A notation in the form ‘‘CA IOUs, No. 8 at p. indicate that heat is added to the air barometric ’’ definition to 1’’ identifies a written comment: (1) Made by the being furnished by the heater, whereas distinguish between traditional and CA IOUs; (2) recorded in document number 8 that the term ‘‘heated’’ does indicate that automatic; update the ‘‘flue gases’’ is filed in the docket of this rulemaking (Docket No. EERE–2019–BT–TP–0003) and available for review heat is added to the air by the heater. definition to ‘‘the combination of at http://www.regulations.gov; and (3) which DOE also proposes to further align the reaction products resulting from the appears on page 1 of document number 8. definitions of ‘‘unvented home heating combustion of a fuel with the in

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the air and inert gases, and any excess B. Updates to Industry Consensus Test of the updates to the referenced air passing through the flue;’’ update the Methods standards impact the test burden or definition for ‘‘induced draft’’ to clarify The unvented heater test procedure in measured consumption under the DOE ‘‘mechanical means’’ and possibly Appendix G includes a reference to the test procedure. 84 FR 6088, 6091–6092 distinguish between induced draft and International Electrotechnical (Feb. 26, 2019). forced draft, if appropriate; clarify the Commission (IEC) 62301, ‘‘Household NPGA responded generally in support ‘‘ parameter’’ definition, and electrical appliances—Measurement of of the updates to the referenced industry specifically whether it is conceptual or standby power,’’ (Second Edition). The standards. (NPGA, No. 3 at p. 1) No a quantifiable parameter with units (e.g., vented heater test procedure in other comments were received regarding volume, mass); update the ‘‘reduced Appendix O references the following the updated versions of the referenced heat input rate’’ definition to include industry standards: industry test procedures. As discussed fully modulating units; and update the • ANSI/ASHRAE Standard 103–2007, in section III.B.1 of this document, DOE ‘‘vaporizing-type oil burner’’ definition ‘‘Method of Testing for Annual Fuel is adopting ANSI/ASHRAE 103–2017 to use ‘‘pot’’ instead of ‘‘bowl.’’ (CA Utilization Efficiency of Residential with certain modifications. IOUs, No. 8 at pp. 5–6) Central Furnaces and Boilers’’ (ANSI/ 1. ANSI/ASHRAE 103 After considering the comments from ASHRAE 103–2007); ANSI/ASHRAE 103–2007, currently AHRI and the CA IOUs, DOE is not • ANSI Z21.86–2008, ‘‘Vented Gas- referenced in Appendix O, has been proposing changes to the definitions in Fired Space Heating Appliances’’ (ANSI superseded by ANSI/ASHRAE 103– section 1 of Appendix O. Regarding the Z21.86–2008); 2017. As described in the February 2019 changes to the definitions of • ASTM D2156–09, ‘‘Standard Test RFI, there are several changes to ‘‘barometric draft regulator or Method for Smoke Density in Flue Gases from Burning Distillate Fuels’’ sections incorporated by reference barometric damper,’’ ‘‘flue gases,’’ within the vented heater test procedure. ‘‘induced draft,’’ and ‘‘vaporizing-type (ASTM D2156–09); • IEC 62301 (Second Edition), 84 FR 6088, 6091 (Feb. 26, 2019). Many oil burners’’ as suggested by the CA of the changes are minor clarifications, IOUs, DOE has tentatively concluded ‘‘Household electrical appliances— Measurement of standby power’’ (IEC such as adding metric units or changing that these terms do not require further the order of a sentence without affecting direction or clarification, and that there 62301); • UL 729–2003, ‘‘Standard for Safety its intent. However, other changes could is no indication that they are being have a substantive effect on the vented inappropriately applied or for Oil-Fired Floor Furnaces’’ (UL 729– 2003); heater test procedure, if adopted by misunderstood. Regarding the suggested • DOE. Id. update to the definition of ‘‘infiltration UL 730–2003, ‘‘Standard for Safety for Oil-Fired Wall Furnaces’’ (UL 730– DOE noted that ANSI/ASHRAE 103– parameter,’’ DOE notes that this value is 2017 removed the allowable error in the used to adjust the multiplication factor 2003); and • UL 896–1993, ‘‘Standard for Safety oil pressure measurement from section to account for infiltration loss during for Oil-Burning Stoves’’ (UL 896–1993). 6.3, and requested comment as to burner on-cycle when conducting the As described in the February 2019 whether this change is appropriate for ANSI/ASHRAE 103 test procedure and RFI, all of the referenced industry vented home heating equipment. 84 FR is a dimensionless parameter (i.e., it has standards, except for ASTM D2156–09 7 6088, 6091–6092 (Feb. 26, 2019). In no associated unit of measurement). and IEC 62301 (Second Edition), have response, the CA IOUs recommended Lastly, DOE notes that a ‘‘step- been superseded with a more recent that the error value be retained for the modulating control’’ is defined in version. 84 FR 6088, 6091 (Feb. 26, vented heater test procedure, stating section 1.33 of Appendix O as a control 2019). The changes in the most recent that their market research showed that that either cycles off and on at the low version of UL 729, UL 730, and UL 896 manufacturers still produce oil-fired input if the heating load is light, or were to sections not referenced by the furnaces, and the error values are gradually increases the heat input to DOE test procedure, and the changes to beneficial in maintaining consistency meet any higher heating load that the most recent version of ANSI Z21.86, amongst these manufacturers. (CA IOUs, cannot be met with the low firing rate. while affecting sections referenced by No. 8 at p. 2) DOE has tentatively DOE has tentatively determined that the DOE test procedure, were non- determined that inclusion of the units that would be described as ‘‘fully substantive and unlikely to have any pressure measurement error values from modulating’’ meet the definition of a impact on the test burden or measured ANSI/ASHRAE 103–2007 remains step-modulating control. Thus, the energy consumption under the DOE test appropriate and proposes to retain their suggested change to the definition of procedure. Id. Therefore, DOE has application by directly including them ‘‘reduced heat input rate’’ to include tentatively determined to update in Appendix O. fully modulating units is not necessary, references to the industry standards to In section 8.6 of ANSI/ASHRAE 103– as fully modulating units are included their most recent versions for ASTM 2017, titled ‘‘Jacket Loss Measurement,’’ under the ‘‘step-modulating control’’ D2156–09, UL 729, UL 730, UL 896, and figures 12 and 13 were replaced by a set definition, and the definition of ANSI Z21.86. of equations. Figure 12 shows ‘‘reduced heat input rate’’ already In the February 2019 RFI, DOE graphically how to use the difference includes such units. described the substantive updates to between surface temperature and the DOE requests comment on its ANSI/ASHRAE 103 (see section III.B.1 surrounding air temperature to proposed changes to the definitions for of this document for additional determine a value for hc, the coefficient ‘‘vented home heating equipment’’ and discussion of these changes) and of for vertical and horizontal ‘‘vented room heater’’ in 10 CFR 430.2. requested comment on whether the surfaces; and Figure 13 shows DOE also requests additional comment changes are appropriate for adoption in graphically how to use the surface on the definitions for vented home the vented heater test procedure. DOE temperature to determine a value of Hri, heating equipment in section 1.0 of also requested comment on whether any the coefficient of by Appendix O, and on its tentative radiation. In the February 2019 RFI, determination that no changes are 7 ASTM D2156–09 was reapproved in 2018 DOE requested comment on whether necessary. (ASTM D2156–09 (2018)) without modification. this change is appropriate for the vented

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heater test procedure. 84 FR 6088, 6092 purge time and states that if the electrical power, and section 3.2 (Feb. 26, 2019). In response, the CA conditions of the test method are met specifies a calculation for the annual IOUs supported using the equations that the default draft factors may be energy consumption by geographic from ANSI/ASHRAE 103–2017 rather used. Section 8.8.3 of ANSI/ASHRAE region. The calculation of national than the figures from ANSI/ASHRAE 103 states that the default draft factors average annual energy consumption in 103–2007, stating that the equations in may be used for all units having no section 3.1 of Appendix G is based on ANSI/ASHRAE 103–2017 produce measurable airflow through the several assumptions, including the similar and more accurate results than combustion chamber and heat national average annual heating load the figures in ANSI/ASHRAE 103–2007. exchanger when the burners are off. hours of 2080, an adjustment factor of (CA IOUs, No. 8 at p. 2) The CA IOUs Therefore, all the information stated in 0.77,8 and a typical oversizing factor for also suggested that DOE should section 8.8.3 of ANSI/ASHRAE 103 is primary electric heaters of 1.2.9 The encourage ANSI/ASHRAE to publish already stated in sections 3.6.1 and 3.6.2 calculation of regional annual energy the data points used to create the 2007 of Appendix O. Section 9.10 of ANSI/ consumption in section 3.2 of Appendix graphs in order to compare those values ASHRAE 103 applies to condensing G is based on the same assumptions as to the values obtained through the units and includes the same the national value, except that regional equations. (CA IOUs, No. 8 at p. 3) requirements as section 8.8.3 of ANSI/ heating load hours are provided by a DOE has preliminarily determined ASHRAE 103 with the addition of the Figure 1, depicting geographic regions that the calculations included in maximum post-purge time which was the United States and the associated ASHRAE 103–2017 to determine jacket previously discussed. If the post-purge heating load hours for each region. loss provide more accurate values as time is below the maximum allowed In the February 2019 RFI, DOE noted compared to the figures provided in the and there is no measurable airflow that Appendix G does not specify a 2007 version, and the equations mitigate through the combustion chamber and method for calculating annual fuel the possibility of human error in when the burners are off, energy consumption for unvented gas interpreting the figures. As a result, DOE then section 9.10 of ANSI/ASHRAE 103 and oil heaters. 84 FR 6088, 6092 (Feb. is proposing to incorporate by reference allows the testing agency to use the 26, 2019). DOE sought comment on the calculations provided in section 8.6 default draft factors and, at their whether the calculations and of ANSI/ASHRAE 103–2017. discretion, omit the heat-up and cool- assumptions for calculating national In the February 2019 RFI, DOE also down tests. Appendix O does not and regional annual energy noted updates made to section 9.10, include a heat-up test, and section 3.6 consumption of primary electric heaters titled ‘‘Optional Test Procedures for of Appendix O does not discuss a are still appropriate and whether Condensing Furnaces and Boilers That maximum post-purge time when calculations for the annual fuel energy Have No Off-Period Flue Losses’’ in establishing the cool-down test consumption of gas, propane, and oil ANSI/ASHRAE 103–2017. 84 FR 6088, procedures for determining the draft heaters should be added to the test 6091–6092 (Feb. 26, 2019). Specifically, factors or the test method to determine procedure. Id. section 9.10 of ANSI/ASHRAE 103– AHRI stated that the assumptions for if the default draft factor may be used. 2007 specifies that for condensing units calculating the national and regional Therefore, DOE has tentatively designed with no measurable airflow annual energy consumption are still determined that the inclusion of a through the combustion chamber and appropriate, and the organization reference to section 9.10 of ANSI/ heat exchanger, the off-cycle flue gas recommended against calculating ASHRAE 103 could cause confusion draft factor (D ) and the ratio of flue gas annual fuel energy consumption for F due to the maximum post-purge mass flow during the off-period to the unvented gas and oil heaters because all requirement which is not discussed flue gas mass flow during the on-period heat is contained within the (D ) may be set to 0.05 for units having within Appendix O. conditioned space, so they should be P DOE seeks comment on its proposal to a post-purge period of less than 5 considered 100-percent efficient. (AHRI, incorporate by reference ANSI/ASHRAE seconds. In contrast, section 9.10 of No. 5 at p. 2) AHAM stated that it is not 103–2017 with modifications. In ANSI/ASHRAE 103–2017 provides this aware of any data necessitating particular, DOE is interested in specification for units having a post- changing the assumptions made for receiving comment on its proposal to purge period of less than or equal to 30 national and regional values and urged add the oil pressure measurement error seconds. DOE sought comment on DOE not to change those values. value, which was omitted from ANSI/ whether this change is appropriate for (AHAM, No. 4 at p. 2) NPGA stated that the vented heater test procedure. Id. In ASHRAE 103–2017, to Appendix O, and if DOE pursues calculation of annual response, AHRI recommended that the on its proposal to remove the mention fuel energy consumption for gas and oil post-purge time should not increase of sections 8.8.3 and 9.10 within section unvented heaters, it should do so using from less than or equal to 5 seconds to 3.6.2.4.2 of Appendix O. full-fuel-cycle (FFC) analysis. NPGA less than or equal to 30 seconds. (AHRI, C. Unvented Heaters also asserted that DOE should apply No. 5 at p. 2) FFC to equipment as After a thorough review of Appendix 1. Calculation of Annual Energy well. (NPGA, No. 3 at p. 1–2) NEEA O, ANSI/ASHRAE 103–2007, ANSI/ Consumption recommended against requiring annual ASHRAE 103–2017, and stakeholder For electric heaters, section 2.1 of fuel energy consumption to be comments, DOE proposes to remove the Appendix G specifies a requirement for displayed on marketing material due to mentions of sections 8.8.3 and 9.10 of measuring and recording the maximum concerns about reducing purchases of ANSI/ASHRAE 103 within section electrical power consumed when high-efficiency vented heaters and 3.6.2.4.1 of Appendix O. Section 3.6.1 of heating, in terms of kilowatts, and consumers purchasing products that do Appendix O provides explicit section 3.3 specifies a requirement for instruction that the default draft factors calculating a rated output. For primary 8 The adjustment factor is a multiplier to adjust can be used if the test method described electric heaters only, section 3.1 of the heating load hours to the approximate burner in section 3.6.2 of Appendix O is met. Appendix G specifies a calculation for operating hours experienced by the system. 9 The oversizing factor accounts for space heating The test method in section 3.6.2 of the national average annual energy products generally being oversized when compared Appendix O does not address post- consumption based on the maximum to the actual required heating load.

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not fit their actual needs. NEEA stated used to conduct FFC analyses in 75 FR 52892, 52898–52899 (August 30, that unvented heaters have higher support of energy conservation 2010). efficiencies than vented heaters, because standards rulemakings. 77 FR 49701 In the February 2019 RFI, DOE all the heated air and combustion gases (August 17, 2012). DOE also uses NEMS requested comment on whether standby are delivered to the consumer’s heated to derive factors to convert site mode and off mode energy use should space, and, as a result, such units will electricity use or savings to primary be included in the annual energy typically have lower energy energy consumption by the electric consumption for unvented heaters. 84 consumption than vented heaters. NEEA power sector. NEMS is updated FR 6088, 6092 (Feb. 26, 2019). DOE also also stated that a lower energy annually in association with the requested information on annual and/or consumption value could lead to some preparation of the Energy Information regional heating season data, and consumers choosing an unvented heater Administration’s (EIA’s) Annual Energy operational mode hours that could over a vented heater, if the consumer Outlook. Based on its experience to potentially be used to incorporate does not recognize the difference in date, DOE expects that the energy and standby mode and off mode energy utility between the two types of heaters. emission multipliers used to conduct consumption. Id. According to NEEA, unvented heaters, FFC analyses would change each year. AHRI recommended against in addition to providing heated air, also Consequently, if DOE were to include incorporating standby mode and off increase the moisture content and an FFC energy descriptor as part of the mode energy use into annual energy deliver combustion products to the DHE test procedures, DOE would need consumption for unvented heaters, occupied space, and while appropriate to update the test procedures annually, stating that standby mode energy use is for some applications, the difference in as opposed to every 7 years as is just as effective in heating the space as utility may not be clear to the consumer. currently required by EPCA (see 42 active mode energy use and that off (NEEA, No. 7 at pp. 1–2) The Joint U.S.C. 6293(b)(1)(A)), which would mode consumption is generally reduced Advocates recommended that DOE result in unnecessary regulatory burden. by the user turning off the pilot during require the annual fuel energy Additionally, a change in the NEMS- the non-heating seasons. (AHRI, No. 5 at consumption calculations for gas and oil derived values would also result in all p. 2) In contrast, the Joint Advocates unvented heaters to ensure that any products on the market being required stated that the annual energy representations of annual energy use for to recertify regardless of any other test consumption should include standby these products would be based on a procedure change that could affect mode and off mode energy use. The consistent calculation methodology. efficiency. Joint Advocates commented that this is (Joint Advocates, No. 6 at p. 1) a particular issue when determining the After considering these comments, 2. Standby Mode and Off Mode Energy fuel energy consumption, because for DOE is not proposing changes to the Consumption units with a pilot light, the energy national and regional values used in the consumption of the pilot during the calculations of annual energy In the December 2012 final rule that non-heating season could represent a consumption in Appendix G for primary included DHE test procedures, DOE significant energy use. The Joint electric heaters, as DOE has tentatively determined not to include standby Advocates also stated that including determined that the existing mode and off mode energy use in the standby mode and off mode energy calculations and assumptions are still annual energy consumption calculations consumption for unvented heaters appropriate. DOE also is not proposing for unvented heaters because a detailed should be consistent with the to add calculations for annual fuel annual energy consumption accounting calculation methodology for vented energy consumption of gas and oil was not deemed appropriate for this heaters. (Joint Advocates, No. 6 at p. 1) unvented heaters. DOE has tentatively product type (i.e., because there is no In response to DOE’s request for concluded that such calculations would annual accounting at all for information on annual and/or regional be unlikely to provide consumers with supplemental heaters, and only a heating season data and operational valuable information, and as suggested simplified assigned value for primary hours for each mode, AHRI stated that by NEEA, an annual fuel energy use heaters). 77 FR 74559, 74561 (Dec. 17, the requested data do not exist, as usage value for unvented gas and oil heaters 2012). In the August 30, 2010 NOPR that patterns, structural characteristics, etc., could potentially confuse consumers if preceded the December 2012 final rule, vary for every heating region. (AHRI, comparisons are made to the values for DOE explained that the integration of No. 5 at p. 2) NPGA supported use of vented heaters without full standby mode and off mode energy was EIA data for information on national understanding of the different not necessary or appropriate for the and regional heating seasonal data. applications and utilities of each following reasons: (NPGA, No. 3 at p. 2) The CA IOUs product. (1) The test procedure does not include stated that current industry practice for With regard to NPGA’s energy efficiency or energy use metrics that primary heating equipment is to use recommendation to determine the would allow for the integration of standby heating degree days (HDD) as a proxy annual energy consumption based on mode and off mode energy use. for annual heating hours. However, the FFC, as DOE has noted for other (2) Standby mode energy use (defined as CA IOUs commented that for products such as residential furnaces energy use during the heating season when supplemental heating equipment, HDD and boilers and cooking products (81 FR the heater is not on) is as effective in heating is not always directly linked to 2628, 2638–2639 (Jan. 15, 2016); 81 FR the space as active mode energy use. operating hours and recommended that 91418, 91439 (Dec. 16, 2016)), DOE does (3) Off mode energy consumption (defined DOE survey supplemental heating not believe the test procedure is the as energy use during the non-heating season operating conditions and hours to better when the heater is not on) could be appropriate vehicle for deriving an FFC considered ineffective energy use and, understand their operation. (CA IOUs, energy use metric for DHE. As discussed accordingly, could be minimized by No. 8 at pp. 4–5) in the Notice of Policy Amendment prescribing a separate energy conservation DOE is not proposing to include Regarding Full-Fuel Cycle Analyses, standard. However, DOE lacked data on standby mode and off mode energy DOE uses the National Energy Modeling consumer use that would be needed to define consumption in the annual energy System (NEMS) as the basis for deriving a representative off mode for unvented consumption calculation for unvented the energy and emission multipliers heaters. heaters. DOE tentatively continues to

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

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Appendix O. As the test pressures thermocouples would result in less flue of the mean value for three cycles,’’ the within section 2.3 of Appendix O are restriction, and could more closely test can be ended, and the total mass proposed to be explicitly stated, the use resemble operation in the field, thereby collected in the three cycles can be of the phrase ‘‘normal’’ is no longer providing more representative flue gas used. Otherwise, three additional cycles necessary. The proposed change to readings. of condensate collection are required, replace ‘‘normal hourly Btu input DOE seeks comment on its proposal to for a total of six cycles. DOE notes that rating’’ with ‘‘maximum hourly Btu allow the use of five thermocouples, the existing language for checking input rating’’ in section 2.4.2 of rather than nine thermocouples, in whether the variance of the condensate Appendix O, which describes the vented heaters with a vent diameter of collected during the first three cycles is burner adjustments for oil-fueled vented 2 inches or less. sufficiently small could be read to heaters, aligns the input rate language 4. Cyclic Condensate Collection Test require that the standard deviation be throughout section 2.4 of Appendix O. ‘‘within 20 percent’’ of the mean value DOE requests comment on its Section 3.8.2 of Appendix O specifies of the mass of condensate collected. proposals to allow a manufacturer- the test procedure for collecting Such a reading would not be logical specified value for gas supply pressure condensate under cyclic conditions for because a small standard deviation is if test conditions are not achievable at condensing vented heaters. During this desirable for consistent results, and, a gas supply pressure of 7 to 10 inches test, three to six cycles of a 4 minute on- therefore, the standard deviation value water column for natural gas or 11–13 cycle followed by a 13 minute off-cycle should not be compared directly to the inches water column for propane gas, to are completed. The total mass of mean and be required to be within 20 require the regulator outlet pressure be condensate and fuel energy input are percent of the mean value. Rather, the ± within the greater of 10 percent of the then used in section 4.0, ‘‘Calculations.’’ phrase requires that the standard manufacturer-specified manifold The cyclic condensate collection test deviation be at or below ‘‘20 percent of ± does not specify the input rate at which pressure or 0.2 inches water column, to the mean value’’ (i.e., the sample the burner should fire during the on- require the specific gravity of natural standard deviation should be less than cycle times for units with modulating gas be between 0.57 and 0.70 and for or equal to 20 percent of the mean). DOE controls. propane gas be between 1.522 and proposes to revise this statement to state 1.574, to remove the phrase ‘‘normal’’ a. Input Rate that the standard deviation must be less from sections 2.3.1 and 2.3.2 of The cyclic condensate collection test than or equal to 20 percent of the mean Appendix O, and to replace ‘‘normal rather than ‘‘within 20 percent’’ of the hourly Btu input rating’’ with was based on section 9.8 of ANSI/ ASHRAE 103–2007, which specifies mean. This proposed change would ‘‘maximum hourly Btu input rating’’ clarify the wording to avoid confusion within section 2.4.2 of Appendix O. that regarding the input rate for units with modulating controls, the following that could result from the existing text. 3. Flue Thermocouples applies: (a) For step-modulating units, DOE requests comment on its proposed rewording of the variance Section 2.6 of Appendix O requires the test is conducted at the reduced 10 condition between cycles to clarify that installation of nine thermocouples in input rate only, which is defined in the vent for measuring flue gas section 3 of ANSI/ASHRAE 103–2007; the standard deviation must be less than temperature for both gas-fueled and oil- or (b) for two-stage units, the test is or equal to 20 percent of the mean, for fueled vented heaters. As noted conducted at both the maximum and determining whether the cyclic previously, DOE conducted testing to reduced input rates unless the balance- condensate mass collection must be performed for three cycles or six cycles. inform the development of this NOPR. point temperature (TC) determined is For one of the units tested, the exhaust equal to or less than the typical outdoor 5. Other Vented Heater Topics piping was 2 inches in diameter, and design temperature of 5 °F (¥5°C), in a. Test Method for Condensing Vented the nine thermocouples significantly which case test at the reduced input rate Home Heating Equipment restricted airflow in the vent, resulting only. The required input rate is in flue gas temperature readings and specified in all other tests within the Section 3.8 of Appendix O contains carbon monoxide levels above normal vented heater test procedure. Therefore, provisions for testing vented heaters operating conditions. To ensure that DOE proposes to add input rate that utilize condensing technology. measurements taken during testing of instructions similar to ANSI/ASHRAE Condensing technology is a design models with smaller flues (i.e., 2 inches 103–2007 to section 3.8.2 of Appendix strategy to increase the efficiency of a diameter or less) are representative of O. This change would align the vented heating appliance by extracting typical use, DOE proposes to allow heater test procedure with ANSI/ additional thermal energy from the flue fewer thermocouples to be used for such ASHRAE 103, on which Appendix O gases. The provisions for condensing models when the use of nine was heavily dependent for vented heaters in Appendix O are based thermocouples prevents the unit from development. on those contained in ANSI/ASHRAE operating within the allowable test DOE requests comment on its 103–2007, which are applicable to conditions. Specifically, DOE is proposal to specify input rate condensing furnaces and boilers. proposing to adopt a requirement to instructions for the cyclic condensate However, because the application of the allow the test lab to use five collection test. condensing technology test provisions thermocouples (which DOE notes is the to vented heaters requires modifications b. Mass Measurement Requirements same as the requirement in ASHRAE not needed for furnaces and boilers, 103–2017, section 7.6 and figure 10) Section 3.8.2 of Appendix O states DOE includes the condensing when the flue size is less than or equal that if after three cycles ‘‘the sample provisions in Appendix O, rather than to 2 inches diameter. Given that the standard deviation is within 20 percent incorporating by reference the relevant cross-sectional flue area is smaller for provisions of ANSI/ASHRAE 103–2007. models with small vent diameter, fewer 10 ‘‘Reduced heat input rate’’ is defined in section In the February 2019 RFI, DOE 1 of Appendix O as the factory-adjusted lowest thermocouples are needed to obtain reduced heat input rate for vented home heating requested comment on the test method accurate flue gas temperature equipment equipped with either two-stage for condensing vented heaters, measurements. Further, using fewer thermostats or step-modulating thermostats. specifically including information on

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the test burden and on ways to The different methods resulted in a performance of the worst 25 models on potentially reduce burden. 84 FR 6088, difference on the order of hundredths of the market. NEEA also stated that it 6093 (Feb. 26, 2019). AHRI stated that a percentage point of AFUE, which DOE prefers that testing for jacket loss still be the provisions for testing condensing tentatively concluded would not be allowed or for a calculation method to equipment are appropriate and do not likely to affect the measured AFUE in be developed, in lieu of a default value, need to be updated. (AHRI, No. 5 at p. most cases when rounded to a whole to encourage innovation in decreasing 3) DOE received no other comment on number. 84 FR 6088, 6093 (Feb. 26, jacket losses. (NEEA, No. 7 at p. 2) this issue. 2019). DOE requested comment on After carefully considering these Consequently, DOE is not proposing whether the differences in the balance comments and the available to change the existing provisions for point temperature (TC) produced by the information, DOE is not proposing a testing condensing vented heaters in the equation and as obtained from Table 3 default jacket loss value. DOE has Federal test procedure for DHE. can result in different values for the tentatively concluded that a default b. Determination of Balance Point fraction of the heating load (X1 and X2) jacket loss value for vented floor Temperature, Heating Load Fractions, and average outdoor temperature at the furnaces would provide less reduced and maximum operating modes and Average Outdoor Temperature representative ratings than the current (T and T *), and if so, the extent of OA OA test method, which requires In section 4.1.10 of Appendix O, titled any such difference. DOE also requested measurement of the jacket loss in floor ‘‘Steady-state efficiency,’’ the balance comment on whether any differences in 11 furnaces. point temperature (TC) can be the values of X1, X2, TOA, and TOA* determined either with an equation or within Table 3 and Figures 1 and 2 D. Draft Factors for Models With No using the values provided in Table 3 of could produce different results, Measurable Airflow Appendix O. The two options may not especially in AFUE, and if so, the extent yield the exact same result because of such differences. Id. Section 3.6.1 of Appendix O specifies Table 3 provides a single balance point DOE did not receive any comments in that on units with no measurable temperature value for a range of heat response to these issues. As discussed, airflow through the unit when not in output ratios (R), while the equation based on DOE’s analysis, any changes in heating mode (as determined by a provides a specific value for each heat AFUE resulting from the differences in smoke stick test defined in section 3.6.2 output ratio. In other words, to use the equation, table, and figures are of Appendix O), both DF and DP may be Table 3, first the heat output ratio is minimal. Therefore, DOE is not set equal to 0.05. In the February 2019 determined, then the corresponding proposing any changes to the test RFI, DOE requested comment on range in Table 3 is selected to identify method related to these issues. whether models using condensing or the balance point temperature for units induced draft technology are always c. Default Jacket Loss Value for Vented with heat output ratios in the given capable of meeting the criteria required Floor Furnaces range. To use the equation method, to use the default draft factors of 0.05. however, the heat output ratio is The test procedure for vented floor 84 FR 6088, 6093 (Feb. 26, 2019). DOE plugged into the equation, and balance furnaces requires the measurement of also sought comment on whether such point temperature is calculated. jacket losses when determining the models should automatically be Similarly, values for the fraction of the AFUE. Section 3.2, Appendix O. In the considered to have no measurable heating load and average outdoor NOPR published in the Federal Register airflow, and, thus, allowed to use the temperature at the reduced and as part of the rulemaking for the January defined value of 0.05 for DF and DP maximum operating modes (variables 2015 final rule, DOE proposed an without performing the smoke stick test. X1, X2, TOA, and TOA*) are determined optional use of a default jacket loss Id. using either Table 3 or, for TOA and value of 1 percent for vented floor T *, Figure 1 of Appendix O (which furnaces, as an alternative to performing AHRI recommended against allowing OA condensing or induced draft DHE to be provides a graph showing T , and a jacket loss test. 78 FR 63410, 63415 OA considered to have no measurable T * variables for any balance point (Oct. 24, 2013). In the January 2015 final OA airflow and use constant values for D temperature between 16 °F and 62 °F) rule, DOE decided not to adopt the 1- F and D without confirmation testing. and, for X and X , Figure 2 of percent default jacket loss value for P 1 2 (AHRI, No. 5 at p. 3) Appendix O (which provides a graph vented floor furnaces after reviewing showing variables X1 and X2 for any test data that revealed an average jacket After carefully considering comment balance point temperature between 0 °F loss of 3.05 percent. 80 FR 792, 794 (Jan. on this issue in response to the February and 62 °F). Table 3, Figure 1, and Figure 6, 2015). 2019 RFI, DOE is not proposing use of 2 may yield different results because In the February 2019 RFI, DOE the default DF and DP values for Table 3 provides discreet values for X1, requested comment and test data on condensing and induced draft vented X2, TOA, and TOA*, whereas Figure 1 whether a higher default jacket loss heaters without first performing the test and Figure 2 provide continuous value should be considered for vented in section 3.6.2 of Appendix O to graphical curves for determining the floor furnaces. 84 FR 6088, 6093 (Feb. confirm that there is no measurable relevant variables. 26, 2019). The Joint Advocates urged airflow. DOE has tentatively concluded For the February 2019 RFI, DOE DOE not to include a default jacket loss that the provisions in the current test reviewed test data to estimate the value for vented floor furnaces, stating procedure for ensuring there is no impact of the different methods for that a default value would allow airflow through the unit when not in determining the aforementioned products to have a jacket loss higher heating mode before allowing the variables on the measured AFUE value. than the default without incurring a default draft factors, are appropriate, penalty, and could lead to efficiency particularly since the smoke stick test 11 The ‘‘balance point temperature’’ is defined in ratings that are not representative of was not identified as overly burdensome section 4 of Appendix O and represents a actual energy use. (Joint Advocates, No. by stakeholders or during DOE’s testing. temperature used to apportion the annual heating load between the reduced input cycling mode and 6 at p. 2) NEEA expressed support for Further verification of no airflow either the modulating mode or maximum input a default jacket loss value that is ensures that representative draft factors cycling mode. representative of the jacket loss are applied during testing.

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e. Radiation Shielding heaters, requires that the space water use for certain specified covered Sections 2.6.1, 2.6.2, and 2.9 of not exceed 80 percent relative products), as determined under the Appendix O require that radiation humidity, stated that the heating applicable DOE test procedure. That shields be used to protect requirements of a humidified space are same definition does allow for adoption thermocouples that could receive direct different from a dehumidified space, of a design requirement for certain radiation from the fire. However, no and recommended further testing to enumerated covered products; however, instruction is given on how to ascertain the effects of the test DHE is not on that list. Thus, the statute determine if a thermocouple could procedure on the availability of space does not permit DOE to adopt a humidification features. (CA IOUs, No. receive direct radiation from the fire, standard requiring an electronically- 8 at p. 6–7) and if so, what type of radiation commutated motor, as suggested by DOE is not proposing any changes to Woodall. shielding would be required. DOE has the test procedure related to the issues tentatively proposed to require that all raised by the CA IOUs and has G. Test Procedure Costs, Harmonization, thermocouples be shielded from the fire tentatively determined that the other and Other Topics if there is a direct line of sight between proposed changes to Appendix O would 1. Test Procedure Costs and Impact the fire and the thermocouple. Further, not have an effect on the issues raised if radiation shielding is required, then a by the CA IOUs. DOE does not have any EPCA requires that test procedures radiation shield meeting the material data or test results to indicate that the proposed by DOE not be unduly and minimum thickness requirements current test procedure negatively burdensome to conduct. (42 U.S.C. stated in section 8.14.1 of ANSI Z21.86– impacts non-heating air circulation and 6293(b)(3)) In this NOPR, DOE proposes 2016 shall be used. space humidification. Non-heating air to amend the existing test procedures DOE requests comment its proposed circulation energy use is not captured for DHE (including both unvented and changes to the radiation shielding by the test procedure; therefore, there is vented heaters) by updating definitions requirements within sections 2.6.1, no impact on this potential feature. regarding unvented heaters, 2.6.2, and 2.9 of Appendix O. In Relative humidity requirements are incorporating by reference the most particular, DOE seeks information as to specified only for condensing vented recent versions of several industry what methods are currently being used heaters because the effect of the ambient standards, explicitly specifying the to determine whether a thermocouple relative humidity on the energy operational mode for testing units with would require a radiation shield and efficiency is most significant for multiple automatic operational modes, also what types of materials are condensing vented heaters. DOE is not allowing the use of manufacturer- currently used as radiation shields. aware of condensing vented heaters on specified values for gas supply pressure in certain circumstances, reducing the E. Performance and Utility the market that provide space humidification that would cause the number of thermocouples required for DHE provides space heating (heated ambient relative humidity to exceed 80 measuring the flue gas temperature in air) directly to the consumer’s living percent. DOE has tentatively determined models with small flues, clarifying space without the use of duct that the relative humidity requirement instructions for cyclic condensate mass connections. Also relevant to DHE may for condensing vented heaters of 80 measurements, and clarifying when be the ability to provide ‘‘quiet’’ percent is not burdensome to maintain radiation shielding is necessary. DOE operation, non-heating air circulation, and is likely higher than the highest has tentatively determined that these and space humidification, as well as the humidity that would be observed in a proposed amendments would not be aesthetic appearance of the unit. In the home, so, therefore, the test procedure unduly burdensome for manufacturers February 2019 RFI, DOE requested should not affect the potential space to conduct and would not change test comment on whether the test humidification feature. burden for manufacturers. procedures impact the availability of DOE seeks additional comment and DOE anticipates that the amendments such features on DHE. 84 FR 6088, 6094 data on whether the DHE test method proposed in this NOPR would not (Feb. 26, 2019). affects DHE utility or performance, increase test costs. The CA IOUs stated that the current specifically including whether there are Specifically, DOE is proposing to procedures do not have an effect on impacts on features such as air change certain definitions to unvented manufacturers’ ability to produce quiet circulation and space humidification. heaters. These definitional changes are or aesthetically pleasing products. (CA for consistency, and such changes do IOUs, No. 8 at p. 6) However, the CA F. Additional Comment not affect the applicability of the test IOUs stated that the current test In response to the February 2019 RFI, procedures or classification of any procedures potentially could impact Woodall suggested mandating unvented heaters. As a result, the non-heating air circulation and space electronically-commutated motors as definitional changes would not require humidification, and recommended replacements for permanent split- additional testing or impact testing testing under different ambient capacitor motors that are common in the costs. conditions and monitoring the resulting DHE market as a means to reduce power DOE is also proposing to update the energy use or operational efficiency to consumption in both vented and industry consensus standards determine the impact on non-heating air unvented systems. (Woodall, No. 2 at incorporated by reference to the most circulation. Regarding space p. 1) recent versions of those test methods. humidification, the CA IOUs also stated A requirement as suggested by the All of the updated industry consensus that the test procedure would likely commenter is outside the scope of standards, except ANSI/ASHRAE 103– impact space humidification since it DOE’s authority for DHE as provided 2017, do not contain any significant involves heating the space, which in under EPCA. At 42 U.S.C. 6291(6), changes in the sections referenced in the turn will change the dry/ EPCA defines the term ‘‘energy DOE test procedures for DHE. For ASNI/ composition. The CA IOUs noted that conservation standard’’ to mean a ASHRAE 103, the 2017 version differs section 3.8 of Appendix O, which performance standard that prescribes a from the 2007 version currently addresses the measurement of minimum level of energy efficiency or a referenced in the DOE test procedure in condensate for condensing vented maximum quantity of energy use (or relation to the oil pressure measurement

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error allowance and the post-purge time manufacturer would need to seek a or the test requirements, nor would it for applying default draft factor values. waiver from the test procedure under 10 have an impact on test cost. DOE is proposing to adopt the updated CFR 430.27. DOE has not received any DOE has tentatively determined that, standard with modification to retain the such waivers. As such, this proposal should any of these proposed oil pressure measurement error would not require retesting of units on amendments be finalized, allowance and maximum post-purge the market and would not be expected manufacturers would be able to rely on time for applying default draft factor to impact test burden. values from the currently-referenced DOE is proposing a tolerance on the data generated under the current test 2007 version of the standard. These two regulator outlet temperature to be procedure and that retesting should not revisions were the only significant within the greater of ±10 percent of the be necessary. differences between the 2007 and 2017 manufacturer-specified manifold ± 2. Harmonization With Industry versions that would potentially impact pressure or 0.2 inches water column. Consensus Standards testing of vented heaters. Retention of This tolerance is consistent with other these requirements should not result in DOE test procedures and would not be As discussed, Appendices G and O any additional burden or costs, as expected to require retesting of units on incorporate by reference certain manufacturers are already complying the market or to impact test burden. provisions of numerous industry with those provisions under the current DOE is proposing that the specific standards. Both appendices incorporate test procedure. gravity of natural gas be between 0.57 by reference IEC 62301 (Edition 2.0, and 0.70 and of propane gas be between DOE is proposing to specify that 2011–01), which provides methods for 1.522 and 1.574. These ranges include models with multiple automatic measuring electrical standby mode and operational modes should be tested in the previously required values and align off mode power consumption. the default mode (or similarly-named with the industry’s required specific Appendix O also incorporates by mode identified for normal operation). If value ranges stated in Annex G of ANSI a default mode is not defined in the Z21.86–2016. As such, these proposed reference ANSI/ASHRAE 103, which is product literature, the model would be changes would not require retesting of a test method for determining the tested in the mode that the equipment units on the market and would not be annual fuel utilization efficiency of operates in as shipped from the expected to impact test burden. residential central furnaces and boilers; manufacturer. As discussed, DOE did DOE also proposes to allow the testing ANSI Z21.86, which is a standard for not identify any models currently on the agency to determine whether to use nine construction and safety performance of market that are capable of multiple or five thermocouples when testing vented gas space heating appliance; automatic operation modes. Thus, DOE models with small (2-inch or less ASTM D–2156, which is a standard for tentatively concludes that, if adopted, diameter) flues. DOE has tentatively determining smoke density; and UL 729, this change would not require determined that the results of testing UL 730, and UL 896, which are additional testing nor would it impact with five thermocouples instead of nine standards pertaining to the installation testing costs. would be comparable. In models where of oil-fired vented heaters. DOE notes DOE is proposing to explicitly state the currently required nine that the only industry standard the required input rate for the cyclic thermocouples restrict the flow to the referenced in Appendix G is IEC 62301. condensate collection test in section point of causing the unit to operate 3.8.2. The proposed input rate outside of the allowable test and/or DOE requests comment on the instruction is identical to the instruction operational conditions (such as the benefits and burdens of the proposed in section 9.8 of ANSI/ASHRAE 103– maximum outlet air temperature), a test updates and additions to industry 2007, which is the industry test meeting all the required test conditions standards referenced in the test procedure on which the cyclic cannot be completed. Therefore, for procedures for DHE. impacted models, this change would condensate collection test in section H. Compliance Date 3.8.2 is based. DOE notes this allow testing to the required test instruction is also included in the most conditions to be conducted, which are EPCA prescribes that, if DOE amends recent version of ANSI/ASHRAE 103– designed to produce results a test procedure, all representations of 2017. DOE tentatively concludes that representative of a typical average use energy efficiency and energy use, because the input rate is not specified cycle. DOE has tentatively determined including those made on marketing in DOE’s current test procedure, but is that performing a test with five materials and product labels, must be explicitly stated in the industry test thermocouples instead of nine will made in accordance with that amended method, manufacturers are already impose no additional testing costs. test procedure, beginning 180 days after DOE also proposes to clarify the testing as instructed by the industry test publication of such a test procedure calculation for the allowable variance of method. Therefore, this change would final rule in the Federal Register. (42 not require additional testing, nor the condensate mass measurements U.S.C. 6293(c)(2)) If DOE were to would it impact testing costs. during the cyclic condensate test when DOE is proposing to allow for use of determining whether to conduct three publish an amended test procedure, manufacturer-specified gas inlet cycles or six. The proposed wording EPCA provides an allowance for pressure ranges when the required input would not change the intent of the test individual manufacturers to petition rating (i.e., the nameplate input rating or the test requirements, nor would it DOE for an extension of the 180-day ±2 percent) cannot be achieved at 7–10 have an impact on test cost. period if the manufacturer may inches water column, as currently Finally, DOE proposes to clarify when experience undue hardship in meeting required in Appendix O. Aside from the radiation shielding is necessary to the deadline. (42 U.S.C. 6293(c)(3)) To tested unit that presented this issue, install and, when shielding is necessary, receive such an extension, petitions DOE is unaware of this issue more that appropriate shielding materials are must be filed with DOE no later than 60 broadly occurring in manufacturer used. Radiation shielding requirements days before the end of the 180-day testing. Were this issue to occur, a valid are already included in the current test period and must detail how the test as prescribed by the test procedure procedure, and the proposed changes manufacturer will experience undue could not be performed, and a would not change the intent of the test hardship. (Id.)

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IV. Procedural Issues and Regulatory incorporations by reference to the latest with the most recent industry consensus Review version of applicable industry standards. consensus standards (which saw no As stated, DOE has reviewed this A. Review Under Executive Order 12866 substantive changes to the relevant proposed rule to amend the test The Office of Management and Budget provisions) and makes a number of procedures for DHE under the (OMB) has determined that this test clarifications and minor modifications provisions of the Regulatory Flexibility procedure proposed rulemaking does designed to reduce burden, the Act and the procedures and policies not constitute a ‘‘significant regulatory Department has tentatively determined published on February 19, 2003, and the action’’ under section 3(f) of Executive that this proposed rule, if finalized, Department has initially determined Order 12866, ‘‘Regulatory Planning and would not impose a significant burden that if finalized as proposed, this Review,’’ 58 FR 51735 (Oct. 4, 1993). on small manufacturers who produce rulemaking would not have any cost Accordingly, this action was not subject this specific type of product. impact. Therefore, DOE initially to review under the Executive Order by More specifically, in this document, concludes that the impacts of the test the Office of Information and Regulatory DOE proposes the following changes to procedure amendments proposed in this Affairs (OIRA) in OMB. the test procedure for unvented and NOPR would not have a ‘‘significant B. Review Under the Regulatory vented heaters, as well as several economic impact on a substantial Flexibility Act associated changes to definitions at 10 number of small entities,’’ and that the CFR 430.2. First, to ensure consistent preparation of an IRFA is not warranted. The Regulatory Flexibility Act (5 use and application of the test Accordingly, DOE will transmit the U.S.C. 601 et seq.) requires preparation procedure, DOE proposes updates: To certification and supporting statement of an initial regulatory flexibility the definitions of ‘‘floor electric heater,’’ of factual basis to the Chief Counsel for analysis (IRFA) for any rule that by law ‘‘primary heater,’’ ‘‘unvented gas Advocacy of the Small Business must be proposed for public comment, heater,’’ ‘‘unvented home heating Administration for review under 5 unless the agency certifies that the rule, equipment,’’ ‘‘unvented oil heater,’’ U.S.C. 605(b). if promulgated, will not have a ‘‘vented home heating equipment,’’ and C. Review Under the Paperwork significant economic impact on a ‘‘vented room heater’’; to update the Reduction Act of 1995 substantial number of small entities. As terms ‘‘primary heater’’ and required by Executive Order 13272, ‘‘supplementary heater’’ to ‘‘primary Manufacturers of DHE must certify to ‘‘Proper Consideration of Small Entities electric heater’’ and ‘‘supplementary DOE that their products comply with in Agency Rulemaking,’’ 67 FR 53461 electric heater,’’ respectively; to add the any applicable energy conservation (August 16, 2002), DOE published current oil pressure measurement error standards. To certify compliance, procedures and policies on February 19, value to the test procedure; to explicitly manufacturers must first obtain test data 2003, to ensure that the potential state the regulator outlet pressure and for their products according to the DOE impacts of its rules on small entities are specific gravity tolerances for the gas test procedures, including any properly considered during the DOE supply; and, to clarify the wording of amendments adopted for those test rulemaking process. 68 FR 7990. DOE the cyclic condensate collection test in procedures. DOE has established has made its procedures and policies the calculation of the allowable variance regulations for the certification and available on the Office of the General in condensate mass measurements. recordkeeping requirements for all Counsel’s website: http://energy.gov/gc/ Second, to align with the most recent covered consumer products and office-general-counsel. industry consensus standards, DOE commercial equipment, including DHE. The Small Business Administration proposes: To update the references to (See generally 10 CFR part 429.) The (SBA) considers a business entity to be the industry consensus standards to the collection-of-information requirement a small business, if, together with its most recent versions; to clarify the for certification and recordkeeping is affiliates, it employs less than a required input rate for the cyclic subject to review and approval by OMB threshold number of workers specified condensate collection tests; and, to under the Paperwork Reduction Act in 13 CFR part 121. The size standards explicitly state the methods to (PRA). This requirement has been and codes are established by the 2017 appropriately shield thermocouples approved by OMB under OMB control North American Industry Classification from radiation. Third, to ensure the number 1910–1400. Public reporting System (NAICS). DHE manufacturers are representativeness of the test procedure, burden for the certification is estimated classified under NAICS code 333414, DOE proposes: To explicitly state the to average 35 hours per response, ‘‘Heating Equipment (except Warm Air operational mode for testing vented including the time for reviewing Furnaces) Manufacturing.’’ The SBA heaters with multiple automatic instructions, searching existing data sets a threshold of 500 employees or operation modes; to allow for use of sources, gathering and maintaining the fewer for an entity to be considered as manufacturer-specified gas inlet data needed, and completing and a small business. DOE used available pressure range when the required input reviewing the collection of information. public information to identify potential rating cannot be reached; and, to reduce Notwithstanding any other provision small manufacturers of the covered the number of thermocouples required of the law, no person is required to product. DOE accessed the Compliance for the thermocouple grid in models respond to, nor shall any person be System Management System’s (CCMS) with small (2-inch diameter or less) subject to a penalty for failure to comply Compliance Certification Database and flues from nine to five. with, a collection of information subject the AHRI’s certified product directory to All proposed changes are either to the requirements of the PRA, unless create a list of companies that import or clarifications to ensure consistent use that collection of information displays a otherwise manufacture DHE covered by and application (which does not affect currently valid OMB Control Number. this proposal. Using these sources, DOE the results of the test procedure or how identified a total of five manufacturers the test procedure is run) or D. Review Under the National of DHE. Of these manufacturers, four are amendments which ensure the Environmental Policy Act of 1969 potential small businesses. However, representativeness of the test procedure DOE is analyzing this proposed due to the nature of DOE’s proposed as compared to products installed in the regulation in accordance with the rule, which generally updates the field. These amendments are all in line National Environmental Policy Act of

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1969 (NEPA) and DOE’s NEPA requirements: (1) Eliminate drafting UMRA. 62 FR 12820; also available at implementing regulations (10 CFR part errors and ambiguity; (2) write http://energy.gov/gc/office-general- 1021). DOE’s regulations include a regulations to minimize litigation; (3) counsel. DOE examined this proposed categorical exclusion for rulemakings provide a clear legal standard for rule according to UMRA and its interpreting or amending an existing affected conduct rather than a general statement of policy and determined that rule or regulation that does not change standard, and (4) promote simplification the rule contains neither an the environmental effect of the rule or and burden reduction. Section 3(b) of intergovernmental mandate, nor a regulation being amended. 10 CFR part Executive Order 12988 specifically mandate that may result in the 1021, subpart D, appendix A5. DOE requires that Executive agencies make expenditure of $100 million or more in anticipates that this rulemaking every reasonable effort to ensure that the any year, so these requirements do not qualifies for categorical exclusion A5 regulation: (1) Clearly specifies the apply. because it is an interpretive rulemaking preemptive effect, if any; (2) clearly that does not change the environmental specifies any effect on existing Federal H. Review Under the Treasury and effect of the rule and otherwise meets law or regulation; (3) provides a clear General Government Appropriations the requirements for application of a legal standard for affected conduct Act, 1999 categorical exclusion. See 10 CFR while promoting simplification and Section 654 of the Treasury and 1021.410. DOE will complete its NEPA burden reduction; (4) specifies the General Government Appropriations review before issuing the final rule. retroactive effect, if any; (5) adequately Act, 1999 (Pub. L. 105–277) requires defines key terms, and (6) addresses Federal agencies to issue a Family E. Review Under Executive Order 13132 other important issues affecting clarity Policymaking Assessment for any rule Executive Order 13132, ‘‘Federalism,’’ and general draftsmanship under any that may affect family well-being. This 64 FR 43255 (August 4, 1999), imposes guidelines issued by the Attorney proposed rule would not have any certain requirements on agencies General. Section 3(c) of Executive Order impact on the autonomy or integrity of formulating and implementing policies 12988 requires Executive agencies to the family as an institution. or regulations that preempt State law or review regulations in light of applicable Accordingly, DOE has concluded that it that have Federalism implications. The standards in sections 3(a) and 3(b) to is not necessary to prepare a Family Executive Order requires agencies to determine whether they are met or it is Policymaking Assessment. examine the constitutional and statutory unreasonable to meet one or more of authority supporting any action that them. DOE has completed the required I. Review Under Executive Order 12630 would limit the policymaking discretion review and determined that, to the DOE has determined, under Executive of the States and to carefully assess the extent permitted by law, the proposed Order 12630, ‘‘Governmental Actions necessity for such actions. The rule meets the relevant standards of and Interference with Constitutionally Executive Order also requires agencies Executive Order 12988. Protected Property Rights,’’ 53 FR 8859 to have an accountable process to (March 18, 1988), that this regulation ensure meaningful and timely input by G. Review Under the Unfunded would not result in any takings that State and local officials in the Mandates Reform Act of 1995 might require compensation under the development of regulatory policies that Title II of the Unfunded Mandates Fifth Amendment to the U.S. have Federalism implications. On Reform Act of 1995 (UMRA) requires Constitution. March 14, 2000, DOE published a each Federal agency to assess the effects statement of policy describing the of Federal regulatory actions on State, J. Review Under Treasury and General intergovernmental consultation process local, and Tribal governments and the Government Appropriations Act, 2001 it will follow in the development of private sector. Public Law 104–4, sec. Section 515 of the Treasury and such regulations. 65 FR 13735. DOE has 201 (codified at 2 U.S.C. 1531). For a General Government Appropriations examined this proposed rule and has proposed regulatory action likely to Act, 2001 (44 U.S.C. 3516 note) provides determined that it would not have a result in a rule that may cause the for agencies to review most substantial direct effect on the States, on expenditure by State, local, and Tribal disseminations of information to the the relationship between the national governments, in the aggregate, or by the public under guidelines established by government and the States, or on the private sector of $100 million or more each agency pursuant to general distribution of power and in any one year (adjusted annually for guidelines issued by OMB. OMB’s responsibilities among the various inflation), section 202 of UMRA requires guidelines were published at 67 FR levels of government. EPCA governs and a Federal agency to publish a written 8452 (Feb. 22, 2002), and DOE’s prescribes Federal preemption of State statement that estimates the resulting guidelines were published at 67 FR regulations as to energy conservation for costs, benefits, and other effects on the 62446 (Oct. 7, 2002). DOE has reviewed the products that are the subject of this national economy. (2 U.S.C. 1532(a), (b)) this proposed rule under the OMB and proposed rule. States can petition DOE The UMRA also requires a Federal DOE guidelines and has concluded that for exemption from such preemption to agency to develop an effective process it is consistent with applicable policies the extent, and based on criteria, set to permit timely input by elected in those guidelines. forth in EPCA. (42 U.S.C. 6297(d)) No officers of State, local, and Tribal K. Review Under Executive Order 13211 further action is required by Executive governments on a proposed ‘‘significant Order 13132. intergovernmental mandate,’’ and Executive Order 13211, ‘‘Actions requires an agency plan for giving notice Concerning Regulations That F. Review Under Executive Order 12988 and opportunity for timely input to Significantly Affect Energy Supply, Regarding the review of existing potentially affected small governments Distribution, or Use,’’ 66 FR 28355 (May regulations and the promulgation of before establishing any requirements 22, 2001), requires Federal agencies to new regulations, section 3(a) of that might significantly or uniquely prepare and submit to OMB, a Executive Order 12988, ‘‘Civil Justice affect small governments. On March 18, Statement of Energy Effects for any Reform,’’ 61 FR 4729 (Feb. 7, 1996), 1997, DOE published a statement of proposed significant energy action. A imposes on Federal agencies the general policy on its process for ‘‘significant energy action’’ is defined as duty to adhere to the following intergovernmental consultation under any action by an agency that

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promulgated or is expected to lead to provides for public participation, reference sections of that industry promulgation of a final rule, and that: comment, and review.) DOE will consensus standard regarding providing (1) Is a significant regulatory action consult with both the Attorney General smoke density levels which are under Executive Order 12866, or any and the Chairman of the FTC measured during for the steady-state successor order; and (2) is likely to have concerning the impact of these test test. Copies of ASTM D2156–09 (2018) a significant adverse effect on the procedures on competition, prior to can be obtained from ASTM, 100 Barr supply, distribution, or use of energy; or prescribing a final rule. Harbor Drive, P.O. Box C700, West (3) is designated by the Administrator of M. Description of Materials Conshohocken, PA 19428–2959 or OIRA as a significant energy action. For Incorporated by Reference online at: www.astm.org. any proposed significant energy action, (4) The test standard published by In this NOPR, DOE proposes to the agency must give a detailed IEC, titled ‘‘Household electrical statement of any adverse effects on incorporate by reference the following test standards: appliances-Measurement of standby energy supply, distribution, or use power,’’ IEC 62301 (Edition 2.0, 2011– should the proposal be implemented, (1) The test standard published by ANSI/ASHRAE, titled ‘‘Method of 01). IEC 62301 is an industry-accepted and of reasonable alternatives to the test procedure for the measurement of action and their expected benefits on Testing for Annual Fuel Utilization Efficiency of Residential Central standby power modes in household energy supply, distribution, and use. electrical appliances. Specifically, the The proposed regulatory action to Furnaces and Boilers,’’ ANSI/ASHRAE test procedure amendments proposed by amend the test procedure for measuring 103–2017. ANSI/ASHRAE 103–2017 is this NOPR reference sections of that the energy efficiency of DHE is not a an industry-accepted test procedure for industry consensus standard regarding significant regulatory action under determining the annual fuel utilization measurment of electrical standby mode Executive Order 12866. Moreover, it efficiency of consumer furnaces and would not have a significant adverse boilers. Specifically, the test procedure and off mode power consumption. effect on the supply, distribution, or use amendments proposed by this NOPR Copies of IEC 62301 (Second Edition) of energy, nor has it been designated as reference sections of that industry can be obtained from the American a significant energy action by the consensus standard regarding test set-up National Standards Institute, 25 W 43rd Administrator of OIRA. Therefore, it is for oil-fueled DHE (including Street, 4th Floor, New York, NY 10036, not a significant energy action, and, instrumentation and measurement (212) 642–4900, or online at: http:// accordingly, DOE has not prepared a descriptions for oil burner adjustments), webstore.ansi.org. Statement of Energy Effects. and instructions on calculating jacket (5)–(7) The test standards published losses in vented floor heaters and by UL: ‘‘Standard for Safety for Oil-fired L. Review Under Section 32 of the calculations for draft factors. Copies of Floor Furnaces,’’ ‘‘Standard for Safety Federal Energy Administration Act of ANSI/ASHRAE 103–2017 can be for Oil-fired Wall Furnaces,’’ and 1974 obtained from ASHRAE, 1791 Tullie ‘‘Standard for Safety for Oil-burning Under section 301 of the Department Circle NE, Atlanta, GA 30329, (800) Stoves,’’ UL 729–2016, UL 730–2016, of Energy Organization Act (Pub. L. 95– 527–4723 or (404) 636–8400, or online and UL 896–2016, respectively. UL 729, 91; 42 U.S.C. 7101), DOE must comply at: http://www.ashrae.org. UL 730, UL 896 are industry-accepted with section 32 of the Federal Energy (2) The test standard published by test procedures for oil-fired floor Administration Act of 1974, as amended ANSI, titled ‘‘Vented Gas-fired Space furnaces, oil-fired wall furnaces, and by the Federal Energy Administration Heating Appliances,’’ ANSI Z21.86– oil-burning stoves respectively. Authorization Act of 1977 (FEAA). (15 2016. ANSI Z21.86 is an industry- Specifically, the test procedure U.S.C. 788) Section 32 essentially accepted test procedure for vented gas- amendments proposed by this NOPR provides in relevant part that, where a fired space heating appliances. reference sections of those industry proposed rule authorizes or requires use Specifically, the test procedure consensus standards regarding vented of commercial standards, the notice of amendments proposed by this NOPR floor and wall DHE test installation and proposed rulemaking must inform the reference sections of that industry instructions for flue and thermocouple public of the use and background of consensus standard regarding the set-up installation for oil fueled, vented floor such standards. In addition, section specifications for vented wall DHE, DHEs. Copies of UL 729–2016, UL 730– 32(c) requires DOE to consult with the instructions for gas usage other than 2016, and UL 896–2016 can be obtained Attorney General and the Chairman of natural gas or propane, instructions for from UL at 2600 NW Lake Rd., Camas, the Federal Trade Commission (FTC) measuring discharge temperatures of WA 98607–8542 or online at: concerning the impact of the forced air, vented, wall DHE, and www.ul.com. commercial or industry standards on descriptions of thermocouple competition. installation in gas-fueled, vented DHEs. V. Public Participation The proposed amendments to the Copies of ANSI Z21.86–2016 can be A. Participation in the Webinar Federal test procedure for DHE are obtained from ANSI, 25 W 43rd Street, primarily in response to modifications 4th Floor, New York, NY 10036, (212) The time and date of the webinar are to certain sections of the applicable 642–4900, or online at: http:// listed in the DATES section at the industry consensus standards (i.e., www.ansi.org. beginning of this document. Webinar ASNI/ASHRAE 103–2017, ANSI (3) The test standard published by registration information, participant Z21.86–2016, ASTM D2156–09 (2018), ASTM, titled ‘‘Standard Test Method for instructions, and information about the IEC 62301 (edition 2.0, 2011–01), UL Smoke Density in Flue Gases from capabilities available to webinar 729–2016, UL 730–2016, and UL 897– Burning Distillate Fuels,’’ ASTM participants will be published on DOE’s 2016). DOE has evaluated these D2156–09 (2018). ASTM D2156 is an website: http://www1.eere.energy.gov/ standards and is unable to conclude industry-accepted test procedure for buildings/appliance_standards/ whether they fully comply with the measuring smoke density in flue gases product.aspx/productid/41. Participants requirements of section 32(b) of the from burning distillate fuels. are responsible for ensuring their FEAA (i.e., whether they were Specifically, the test procedure systems are compatible with the developed in a manner that fully amendments proposed by this NOPR webinar software.

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B. Procedure for Submitting Prepared for prepared general statements by it in the comment or in any documents General Statements for Distribution participants, and encourage all attached to your comment. Any Any person who has an interest in the interested parties to share their views on information that you do not want to be topics addressed in this proposed issues affecting this rulemaking. Each publicly viewable should not be rulemaking, or who is representative of participant will be allowed to make a included in your comment, nor in any a group or class of persons that has an general statement (within time limits document attached to your comment. interest in these issues, may request an determined by DOE), before the Persons viewing comments will see only opportunity to make an oral discussion of specific topics. DOE will first and last names, organization permit, as time permits, other presentation at the webinar. Such names, correspondence containing participants to comment briefly on any persons may submit requests to speak comments, and any documents general statements. by email to the Appliance and submitted with the comments. At the end of all prepared statements Do not submit to http:// Equipment Standards Program, on a topic, DOE will permit participants ApplianceStandardsQuestions@ www.regulations.gov information for to clarify their statements briefly and which disclosure is restricted by statute, ee.doe.gov. Persons who wish to speak comment on statements made by others. should include with their request a such as trade secrets and commercial or Participants should be prepared to financial information (hereinafter computer file in WordPerfect, Microsoft answer questions by DOE and by other Word, PDF, or text (ASCII) file format referred to as Confidential Business participants concerning these issues. Information (CBI)). Comments that briefly describes the nature of their DOE representatives may also ask interest in this rulemaking and the submitted through http:// questions of participants concerning www.regulations.gov cannot be claimed topics they wish to discuss. Such other matters relevant to this persons should also provide a daytime as CBI. Comments received through the rulemaking. The official conducting the website will waive any CBI claims for telephone number where they can be webinar will accept additional reached. the information submitted. For comments or questions from those information on submitting CBI, see the Persons requesting to speak should attending, as time permits. The briefly describe the nature of their Confidential Business Information presiding official will announce any section. interest in this rulemaking and provide further procedural rules or modification a telephone number for contact. DOE DOE processes submissions made of the above procedures that may be through http://www.regulations.gov requests persons selected to make an needed for the proper conduct of the oral presentation to submit an advance before posting. Normally, comments webinar. will be posted within a few days of copy of their statements at least two A transcript of the webinar will be being submitted. However, if large weeks before the webinar. At its included in the docket, which can be volumes of comments are being discretion, DOE may permit persons viewed as described in the Docket processed simultaneously, your who cannot supply an advance copy of section at the beginning of this NOPR. comment may not be viewable for up to their statement to participate, if those In addition, any person may buy a copy several weeks. Please keep the comment persons have made advance alternative of the transcript from the transcribing tracking number that http:// arrangements with the Building reporter. Technologies Office. As necessary, www.regulations.gov provides after you requests to give an oral presentation D. Submission of Comments have successfully uploaded your should ask for such alternative DOE will accept comments, data, and comment. arrangements. information regarding this proposed Submitting comments via email. rule no later than the date provided in Comments and documents submitted C. Conduct of the Webinar the DATES section at the beginning of via email also will be posted to http:// DOE will designate a DOE official to this proposed rule. Interested parties www.regulations.gov. If you do not want preside at the webinar and may also use may submit comments using any of the your personal contact information to be a professional facilitator to aid methods described in the ADDRESSES publicly viewable, do not include it in discussion. The meeting will not be a section at the beginning of this your comment or any accompanying judicial or evidentiary-type public document. documents. Instead, provide your hearing, but DOE will conduct it in Submitting comments via http:// contact information in a cover letter. accordance with section 336 of EPCA www.regulations.gov. The http:// Include your first and last names, email (42 U.S.C. 6306). A court reporter will www.regulations.gov web page will address, telephone number, and be present to record the proceedings and require you to provide your name and optional mailing address. The cover prepare a transcript. DOE reserves the contact information. Your contact letter will not be publicly viewable as right to schedule the order of information will be viewable to DOE long as it does not include any presentations and to establish the Building Technologies staff only. Your comments. procedures governing the conduct of the contact information will not be publicly Include contact information each time webinar. There shall not be discussion viewable except for your first and last you submit comments, data, documents, of proprietary information, costs or names, organization name (if any), and and other information to DOE. No prices, market share, or other submitter representative name (if any). telefacsimiles (faxes) will be accepted. commercial matters regulated by U.S. If your comment is not processed Comments, data, and other anti-trust laws. After the webinar and properly because of technical information submitted to DOE until the end of the comment period, difficulties, DOE will use this electronically should be provided in interested parties may submit further information to contact you. If DOE PDF (preferred), Microsoft Word or comments on the proceedings and any cannot read your comment due to Excel, WordPerfect, or text (ASCII) file aspect of the rulemaking. technical difficulties and cannot contact format. Provide documents that are not The webinar will be conducted in an you for clarification, DOE may not be secured, written in English, and free of informal, conference style. DOE will able to consider your comment. any defects or viruses. Documents present summaries of comments However, your contact information should not contain special characters or received before the webinar, allow time will be publicly viewable if you include any form of encryption, and, if possible,

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they should carry the electronic to Appendix O, and on its proposal to what methods are currently being used signature of the author. remove the mention of sections 8.8.3 to determine whether a thermocouple Campaign form letters. Please submit and 9.10 within section 3.6.2.4.2 of would require a radiation shield and campaign form letters by the originating Appendix O. also what types of materials are organization in batches of between 50 to (4) DOE requests comment on its currently used as radiation shields. 500 form letters per PDF or as one form tentative determination to not include (11) DOE seeks additional comment letter with a list of supporters’ names standby mode and off mode energy and data on whether the DHE test compiled into one or more PDFs. This consumption into the annual energy reduces comment processing and consumption for unvented heaters. method affects DHE utility or posting time. (5) DOE requests comment on its performance, specifically including Confidential Business Information. proposal with regard to the automatic whether there are impacts on features Pursuant to 10 CFR 1004.11, any person operational mode for testing models such as air circulation and space submitting information that he or she with multiple automatic operation humidification. believes to be confidential and exempt modes. DOE requests data and (12) DOE requests comment on the by law from public disclosure should information on the consumer use of benefits and burdens of the proposed submit via email two well-marked different automatic operational modes updates and additions to industry copies: One copy of the document when offered on a vented heater. DOE standards referenced in the test marked ‘‘confidential’’ including all the is interested in receiving comment on procedures for DHE. information believed to be confidential, the characteristics of the mode and one copy of the document marked recommended by manufacturers for VI. Approval of the Office of the ‘‘non-confidential’’ with the information normal operation, on how such mode is Secretary believed to be confidential deleted. DOE described in the manufacturer’s The Secretary of Energy has approved will make its own determination about installation and operations manual publication of this proposed rule. the confidential status of the when provided, and on which models information and treat it according to its currently available on the market List of Subjects in 10 CFR Part 430 determination. include multiple automatic operation It is DOE’s policy that all comments modes. Administrative practice and may be included in the public docket, (6) DOE requests comment on its procedure, Confidential business without change and as received, proposals to allow a manufacturer- information, Energy conservation, including any personal information specified value for gas supply pressure Household appliances, Imports, provided in the comments (except if test conditions are not achievable at Incorporation by reference, information deemed to be exempt from a gas supply pressure of 7 to 10 inches Intergovernmental relations, Reporting public disclosure). water column for natural gas or 11–13 and recordkeeping requirements, Small inches water column for propane gas, to businesses. E. Issues on Which DOE Seeks Comment require the regulator outlet pressure be Although DOE welcomes comments within the greater of ± 10 percent of the Signing Authority on any aspect of this proposal, DOE is manufacturer-specified manifold This document of the Department of particularly interested in receiving ± pressure or 0.2 inches water column, Energy was signed on April 2, 2021, by comments and views of interested to require the specific gravity of natural Kelly Speakes-Backman, Principal parties concerning the following issues: gas be between 0.57 and 0.70 and for (1) DOE requests comment on its Deputy Assistant Secretary and Acting propane gas be between 1.522 and Assistant Secretary for Energy Efficiency proposed changes to the definitions for 1.574, to remove the phrase ‘‘normal’’ ‘‘electric heater,’’ ‘‘primary heater,’’ and Renewable Energy, pursuant to from sections 2.3.1 and 2.3.2 of delegated authority from the Secretary ‘‘unvented gas heater,’’ ‘‘unvented home Appendix O, and to replace ‘‘normal of Energy. That document with the heating equipment,’’ and ‘‘unvented oil hourly Btu input rating’’ with original signature and date is heater’’ in 10 CFR 430.2, as well as on ‘‘maximum hourly Btu input rating’’ maintained by DOE. For administrative its proposed change in terminology from within section 2.4.2 of Appendix O. ‘‘primary heater’’ and ‘‘supplementary (7) DOE seeks comment on its purposes only, and in compliance with heater’’ to ‘‘primary electric heater’’ and proposal to allow the use of five requirements of the Office of the Federal ‘‘supplementary electric heater,’’ thermocouples, rather than nine Register, the undersigned DOE Federal respectively. thermocouples, in vented heaters with a Register Liaison Officer has been (2) DOE requests comment on its vent diameter of 2 inches or less. authorized to sign and submit the proposed changes to the definitions for (8) DOE requests comment on its document in electronic format for ‘‘vented home heating equipment’’ and proposal to specify input rate publication, as an official document of ‘‘vented room heater’’ in 10 CFR 430.2. instructions for the cyclic condensate the Department of Energy. This DOE also requests additional comment collection test. administrative process in no way alters on the definitions for vented home (9) DOE requests comment on its the legal effect of this document upon heating equipment in section 1.0 of proposed rewording of the variance publication in the Federal Register. Appendix O, and on its tentative condition between cycles to clarify that Signed in Washington, DC, on April 2, determination that no changes are the standard deviation must be less than 2021. necessary. or equal to 20 percent of the mean, for Treena V. Garrett, (3) DOE seeks comment on its determining whether the cyclic proposal to incorporate by reference condensate mass collection must be Federal Register Liaison Officer, U.S. Department of Energy. ANSI/ASHRAE 103–2017 with performed for three cycles or six cycles. modifications. In particular, DOE is (10) DOE requests comment its For the reasons stated in the interested in receiving comment on its proposed changes to the radiation preamble, DOE is proposing to amend proposal to add the oil pressure shielding requirements within sections part 430 of Chapter II of Title 10, Code measurement error value, which was 2.6.1, 2.6.2, and 2.9 of Appendix O. In of Federal Regulations as set forth omitted from ANSI/ASHRAE 103–2017, particular, DOE seeks information as to below:

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PART 430—ENERGY CONSERVATION Unvented oil heater means a class of (1) ASTM D2156–09, (‘‘ASTM PROGRAM FOR CONSUMER unvented home heating equipment D2156’’), Standard Test Method for PRODUCTS which is a self-contained, free-standing, Smoke Density in Flue Gases from nonrecessed oil-burning appliance that Burning Distillate Fuels, ASTM ■ 1. The authority citation for part 430 furnishes heated air by gravity or approved December 1, 2009, IBR continues to read as follows: circulation. approved for appendix E to subpart B. Authority: 42 U.S.C. 6291–6309; 28 U.S.C. * * * * * * * * * * 2461 note. Vented home heating equipment or (3) ASTM D2156–09 (Reapproved 2018) (‘‘ASTM D2156–09 (RA 2018)’’), ■ 2. Section 430.2 is amended by vented heater means a class of home Standard Test Method for Smoke revising the definitions of ‘‘Electric heating equipment, not including Density in Flue Gases from Burning heater,’’ ‘‘Floor electric heater,’’ furnaces, designed to furnish heated air Distillate Fuels, approved October 1, ‘‘Primary heater,’’ ‘‘Supplementary to a space proximate to such heater, 2018, IBR approved for appendix O to heater,’’ ‘‘Unvented gas heater,’’ directly from the heater, without inlet subpart B. ‘‘Unvented home heating equipment or duct connections (except that boots not unvented heater,’’ ‘‘Unvented oil to exceed 10 inches beyond the casing * * * * * heater,’’ ‘‘Vented home heating may be permitted), and with exhaust (v) * * * equipment or vented heater,’’ and venting, and includes: Vented wall (1) UL 729–2003 (‘‘UL 729–2003 (RA ‘‘Vented room heater’’ to read as , vented floor furnace, and 2016)’’), Standard for Safety for Oil- follows: vented room heater. Fired Floor Furnaces, Sixth Edition, Vented room heater means a self- dated August 29, 2003, including § 430.2 Definitions. contained, free standing, nonrecessed, revisions through November 22, 2016, * * * * * vented heater for furnishing heated air IBR approved for appendix O to subpart Electric heater means an electric to the space in which it is installed. The B. appliance which is a class of unvented vented room heater supplies heated air (2) UL 730–2003 (‘‘UL 730–2003 (RA home heating equipment in which heat circulated by gravity or by a fan directly 2016)’’), Standard for Safety for Oil- is generated from electrical energy and into the space to be heated through Fired Wall Furnaces, Fifth Edition, dissipated by convection and radiation openings in the casing. dated August 29, 2003, including and includes baseboard electric heaters, * * * * * revisions through November 22, 2016, ceiling electric heaters, floor electric ■ 3. Section 430.3 is amended by: IBR approved for appendix O to subpart heaters, portable electric heaters, and ■ a. Revising paragraphs (e)(25) and B. wall electric heaters. (g)(12); (3) UL 896–1993 (‘‘UL 896–1993 (RA ■ b. Redesignating paragraphs (g)(13) 2016)’’), Standard for Safety for Oil- * * * * * Burning Stoves, Fifth Edition, dated July Floor electric heater means an electric and (14) as (g)(14) and (15), respectively; ■ c. Adding new paragraph (g)(13); 29, 1993, including revisions through heater which is intended to be recessed November 22, 2016, IBR approved for in a floor, and which transfers heat by ■ d. Revising paragraph (j)(1) and adding paragraph (j)(3); and appendix O to subpart B. radiation and/or convection (either ■ 4. Appendix O to subpart B of part natural or forced). ■ e. Revising paragraphs (v)(1) through (3). 430 is amended by: * * * * * ■ The revisions and additions read as a. Revising the introductory note; Primary electric heater means an ■ b. Adding section 0; and follows: electric heater that is the principal ■ c. Revising sections 2.0, 3.1.2, 3.2, source of heat for a structure and § 430.3 Materials incorporated by 3.6.2.4.2, and 3.8.2; includes baseboard electric heaters, reference. The additions and revisions read as ceiling electric heaters, floor electric * * * * * follows: heaters, and wall electric heaters. (e) * * * Appendix O to Subpart B of Part 430— * * * * * (25) ANSI Z21.86–2016, (‘‘ANSI Uniform Test Method for Measuring the Supplementary electric heater means Z21.86–2016’’), Vented Gas-Fired Space Energy Consumption of Vented Home an electric heater that provides heat to Heating Appliances, Sixth Edition, Heating Equipment a space in addition to that which is approved December 21, 2016, IBR supplied by a primary electric heater approved for appendix O to subpart B. Note: Prior to [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE and includes portable electric heaters. * * * * * Federal Register], representations with * * * * * (g) * * * respect to the energy use or efficiency of Unvented gas heater means a class of (12) ANSI/ASHRAE Standard 103– vented home heating equipment, including unvented home heating equipment 2007, (‘‘ASHRAE 103–2007’’), Method compliance certifications, must be based on which is a self-contained, free-standing, of Testing for Annual Fuel Utilization testing conducted in accordance with either nonrecessed gas-burning appliance that Efficiency of Residential Central this appendix as it now appears or appendix Furnaces and Boilers, ANSI approved O as it appeared at 10 CFR part 430, subpart furnishes heated air by gravity or fan B revised as of January 1, 2019. circulation. March 25, 2008, IBR approved for appendix AA to subpart B. On and after [DATE 180 DAYS AFTER Unvented home heating equipment or DATE OF PUBLICATION OF THE FINAL unvented heater means a class of home (13) ANSI/ASHRAE Standard 103– RULE IN THE Federal Register], heating equipment, not including 2017, (‘‘ASHRAE 103–2017’’), Method representations with respect to energy use or furnaces, designed to furnish heated air of Testing for Annual Fuel Utilization efficiency of vented home heating to a space proximate to such heater, Efficiency of Residential Central equipment, including compliance directly from the heater, without inlet Furnaces and Boilers, ANSI approved certifications, must be based on testing duct connections and without exhaust July 3, 2017, IBR approved for appendix conducted in accordance with this appendix. venting, and includes: Electric heater, O to subpart B. 0. Incorporated by Reference unvented gas heater, and unvented oil * * * * * DOE incorporated by reference in § 430.3: heater. (j) * * * ANSI Z21.86–2016; ASHRAE Standard 103–

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2017; ASTM D2156–09 (2018); IEC 62301; UL any framing used in the installation. Use the regulator, maintain the regulator outlet 729–2003 (RA 2016); UL 730–2003 (RA minimum length of pipe possible for this pressure within the greater of ± 10 percent of 2016); and UL 896–1993– (RA 2016) in their section. Use stack, elbow, and horizontal the manufacturer’s specified manifold entirety. However, only enumerated section with same cross-sectional area as the pressure on the nameplate of the unit or in provisions of ANSI Z21.86–2016; ASHRAE diverter outlet. the I&O manual or ± 0.2 inches water column 103–2017, UL 729–2003 (RA 2016), UL 730– 2.2.2 Oil-fueled vented home heating . Use propane having a specific gravity 2003 (RA 2016); and UL 896–1993 (RA 2016) equipment (excluding direct vent systems). between 1.522 and 1.574 and a higher are applicable to this appendix, as follows: Use flue connections for oil-fueled vented heating value within ±5 percent of 2,500 Btus (1) ANSI Z21.86–2016 floor furnaces as specified in section 38.2 of per standard cubic foot. Determine the actual (i) Section 5.2—Test gases UL 729–2003 (RA 2016), sections 36.2 of UL higher heating value in Btu’s per standard (ii) Section 9.1.3 730–2003 (RA 2016) for oil-fueled vented cubic foot for the propane to be used in the wall furnaces, and sections 37.1.2 and 37.1.3 test. If the burner cannot be adjusted to (iii) Section 11.1.3 ± (iv) Section 11.7—Temperature at of UL 896–1993 (RA 2016) (all incorporated obtain a heat input rate of within 2 percent discharge air opening and surface by reference, see § 430.3) for oil-fueled of the hourly Btu rating specified by the temperatures vented room heaters. manufacturer on the nameplate of the unit or (2) ASHRAE 103–2017 2.2.3 Direct vent systems. Have the in the I&O manual, as required by section (i) Section 6—INSTRUMENTS exhaust/air intake system supplied by the 2.4.1, the gas supply to the unit under test (ii) Section 8.2.2.3.1—Oil Supply manufacturer in place during all tests. Test at an inlet test pressure immediately ahead (iii) Section 8.6—Jacket Loss Measurement units intended for installation with a variety of all controls may be set to any value within the range specified on the nameplate of the (iv) Section 8.8.3—Additional Optional of vent pipe lengths with the minimum unit or in the I&O manual. Method of Testing for Determining D length recommended by the manufacturer in P 2.3.3 Other test gas. For vented heaters and D for Furnaces and Boilers the I&O manual. Do not connect a heater F fueled by other test gases, use test gases with (v) Section 9.10—Optional Test Procedures employing a direct vent system to a chimney characteristics as described in Table 3 of for Condensing Furnaces and Boilers that or induced draft source. Vent the gas solely section 5.2 of ANSI Z21.86–2016 Have no OFF-Period Flue Losses on the provision for venting incorporated in (incorporated by reference, see § 430.3). Use (3) UL 729–2003 (RA 2016) the heater and the vent/air intake system gases with a measured higher heating value (i) Section 38.1—Enclosure supplied with it. within ±5 percent of the values specified in (ii) Section 38.2—Chimney connector 2.2.4 Condensing vented heater, additional flue requirements. The flue pipe Table 3 of section 5.2 of ANSI Z21.86–2016. (4) UL 730–2003 (RA 2016) Determine the actual higher heating value of (i) Section 36.1—Enclosure installation must not allow condensate formed in the flue pipe to flow back into the the gas used in the test with an error no (ii) Section 36.2—Chimney connector greater than one percent. unit. An initial downward slope from the (iii) Sections 37.5.8 through 37.5.18 2.3.4 Oil supply. For an oil-fueled vented unit’s exit, an offset with a drip leg, annular (5) UL 896–1993 (RA 2016) heater, use No. 1 fuel oil (kerosene) for collection rings, or drain holes must be (i) Section 37.1.2 vaporizing-type burners and either No. 1 or included in the flue pipe installation without (ii) Section 37.1.3 No. 2 fuel oil, as specified by the * * * * * disturbing normal flue gas flow. Flue gases manufacturer in the I&O manual provided 2.0 Testing conditions. should not flow out of the drain with the with the unit, for mechanical atomizing type 2.1 Installation of test unit. condensate. For condensing vented heaters burners. Use test fuel conforming to the 2.1.1 Vented wall furnaces (including that do not include means for collection of specifications given in Tables 2 and 3 of direct vent systems). Install non-direct vent condensate, a means to collect condensate section 8.2.2.3.1 of ASHRAE 103–2017 gas fueled vented wall furnaces as specified must be supplied by the test lab for the (incorporated by reference, see § 430.3). in section 11.1.3 of ANSI Z21.86–2016 purposes of testing. Measure the higher heating value of the test (incorporated by reference, see § 430.3). 2.3 Fuel supply. fuel within ±1 percent. Install direct vent gas fueled vented wall 2.3.1 Natural gas. For a gas-fueled vented 2.3.5 Electrical supply. For auxiliary furnaces as specified in section 9.1.3 of ANSI heater, maintain the gas supply to the unit electric components of a vented heater, Z21.86–2016 (incorporated by reference, see under test at an inlet test pressure maintain the electrical supply to the test unit § 430.3). Install oil-fueled vented wall immediately ahead of all controls at 7 to 10 within ±1 percent of the nameplate voltage furnaces as specified in section 36.1 of UL inches water column. If the heater is for the entire test cycle. If a voltage range is 730–2016 (incorporated by reference, see equipped with a gas appliance pressure used for nameplate voltage, maintain the § 430.3). regulator, maintain the regulator outlet electrical supply within ±1 percent of the ± 2.1.2 Vented floor furnaces. Install vented pressure within the greater of 10 percent of mid-point of the nameplate voltage range. floor furnaces for test as specified in section the manufacturer’s specified manifold 2.4 Burner adjustments. 38.1 of UL 729–2003 (RA 2016) (incorporated pressure on the nameplate of the unit or in 2.4.1 Gas burner adjustments. Adjust the ± by reference, see § 430.3). the I&O manual or 0.2 inches water column. burners of gas-fueled vented heaters to their 2.1.3 Vented room heaters. Install vented Use natural gas having a specific gravity maximum Btu ratings at the test pressure room heaters for test in accordance with the between 0.57 and 0.70 and a higher heating specified in section 2.3 of this appendix. manufacturer’s installation and operations value within ±5 percent of 1,025 Btus per Correct the burner volumetric flow rate to (I&O) manual provided with the unit. standard cubic foot. Determine the actual 60 °F (15.6C) and 30 inches of mercury 2.2 Flue and stack requirements. higher heating value in Btu’s per standard barometric pressure, set the fuel flow rate to 2.2.1 Gas fueled vented home heating cubic foot for the natural gas to be used in obtain a heat rate of within ±2 percent of the equipment employing integral draft diverters the test with an error no greater than one hourly Btu rating specified by the and draft hoods (excluding direct vent percent. If the burner cannot be adjusted to manufacturer on the nameplate of the unit or systems). Attach to, and vertically above the obtain a heat input rate of within ±2 percent the I&O manual as measured after 15 minutes outlet of gas-fueled vented home heating of the hourly Btu rating specified by the of operation, starting with all parts of the equipment employing draft diverters or draft manufacturer on the nameplate of the unit or vented heater at . Set the hoods with vertically discharging outlets, a in the I&O manual, as required by section primary air shutters in accordance with the five (5) foot long test stack having a cross- 2.4.1, the gas supply to the unit under test manufacturer’s recommendations on the sectional area the same size as the draft at an inlet test pressure immediately ahead nameplate of the unit or the I&O manual to diverter outlet. of all controls may be set to any value within give a good flame at this adjustment. Do not Attach to the outlet of vented heaters the range specified on the nameplate of the allow the deposit of carbon during any test having a horizontally discharging draft unit or in the I&O manual. specified herein. diverter or draft hood outlet a 90 degree 2.3.2 Propane gas. For a propane-gas- If a vent limiting means is provided on a elbow, and a five (5) foot long vertical test fueled vented heater, maintain the gas supply gas pressure regulator, have it in place during stack. A horizontal section of pipe may be to the unit under test at an inlet pressure of all tests. used on the floor furnace between the 11 to 13 inches water column. If the heater For gas-fueled heaters with modulating diverter and the elbow, if necessary, to clear is equipped with a gas appliance pressure controls, adjust the controls to operate the

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

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stack and flue gases for vented heaters to default mode is not defined in the I&O consecutive cycles. On-cycle and off-cycle determine the concentration by volume of manual, test in the mode that the equipment times are 4 minutes and 13 minutes carbon dioxide present in the dry gas with operates in as shipped from the respectively. Control of ON and OFF instrumentation which will result in a manufacturer. operation actions shall be within ±6 seconds ± reading having an accuracy of 0.1 * * * * * of the scheduled time. For fan-type vented percentage point. 3.1.2 Oil-fueled vented home heating heaters, maintain circulating air adjustments 2.8 Energy flow instrumentation. Install equipment (including direct vent systems). as specified in section 2.5 of this appendix. one or more instruments, which measure the Set up and adjust the vented heater as Begin condensate collection at one minute rate of gas flow or fuel oil supplied to the specified in sections 2.1, 2.2, and 2.3.4 of this before the on-cycle period of the first test vented heater, and if appropriate, the appendix. Begin the steady-state performance cycle. Remove the container one minute electrical energy with an error no greater than test by operating the burner and the before the end of each off-cycle period. one percent. circulating air blower, on units so equipped, Measure condensate mass for each test-cycle. 2.9 Room ambient temperature. The room with the adjustments specified by sections The error associated with the mass ambient temperature shall be the arithmetic measurement instruments shall not exceed 2.4.2 and 2.5 of this appendix, until steady- ± average temperature of the test area, state conditions are attained as indicated by 0.5 percent of the quantity measured. determined by measurement with four No. 24 a temperature variation of not more than Record fuel input during the entire test AWG bead-type thermocouples with ±5 °F (2.8 C) in the flue gas temperature in period starting at the beginning of the on- junctions shielded against radiation using three successive readings taken 15 minutes time period of the first cycle to the beginning shielding meeting the material and minimum apart. The measurements described in this of the on-time period of the second cycle, thickness requirements from section 8.14.1 of section are to coincide with the last of these from the beginning of the on-time period of ANSI Z21.86–2016, located approximately at 15 minutes readings. the second cycle to the beginning of the on- 90-degree positions on a circle For units equipped with power burners, do time period of the third cycle, etc., for each circumscribing the heater or heater enclosure not allow smoke in the flue to exceed a No. of the test cycles. Record fuel HHV, under test, in a horizontal plane 1 smoke during the steady-state performance temperature, and pressure necessary for approximately at the vertical midpoint of the test as measured by the procedure described determining fuel energy input, QC. Determine appliance or test enclosure, and with the in ASTM D2156–09 (RA 2018). Maintain the the mass of condensate for each cycle, MC, junctions approximately 24 inches from sides average draft over the fire and in the in pounds. If at the end of three cycles, the of the heater or test enclosure and located so breeching during the steady-state sample standard deviation is less than or as not to be affected by other than room air. performance test at that recommended by the equal to 20 percent of the mean value for The value TRA is the room ambient manufacturer ±0.005 inches of water gauge. three cycles, use total condensate collected in the three cycles as Mc; if not, continue temperature measured at the last of the three Measure the room temperature (TRA) as successive readings taken 15 minutes apart described in section 2.9 of this appendix. collection for an additional three cycles and described in section 3.1.1 or 3.1.2 as Measure the steady-state flue gas temperature use the total condensate collected for the six cycles as MC. Determine the fuel energy applicable. During the time period required (TF,SS) using nine thermocouples located in to perform all the testing and measurement the flue pipe as described in section 2.6.2 of input, QC, during the three or six test cycles, expressed in Btu. procedures specified in section 3.0 of this this appendix. From the plane where TF,SS appendix, maintain the room ambient was measured, collect a sample of the flue For units with step-modulating controls, temperature within ±5 °F (±2.8 C) of the value gas and determine the concentration by conduct the cyclic condensate collection test at reduced input rate only. For units with TRA. At no time during these tests shall the volume of CO2 (XCO2F) present in dry flue room ambient temperature exceed 100 °F gas. Measure and record the steady-state heat two-stage controls, the cyclic condensate ° collection test is conducted at both maximum (37.8 C) or fall below 65 F (18.3 C). input rate (Qin). Locate a thermocouple at each elevation of For manually controlled oil fueled vented and reduced input rates unless the balance- draft relief inlet opening and combustion air heaters, determine the steady-state efficiency point temperature (TC) as determined in inlet opening at a distance of approximately at a fuel input rate that is within ±5 percent section 4.1.10 of this Appendix O is equal to 24 inches from the inlet openings. The or less than the typical outdoor design of 50 percent of the maximum fuel input rate; ° ¥ ° temperature of the air for combustion and the or, if the design of the heater is such that the temperature of 5 F ( 5 C), in which case air for draft relief shall not differ more than fuel input rate cannot be set to ±5 percent of test at reduced input rate only. ±5 °F from the room ambient temperature as 50 percent of the maximum rated fuel input * * * * * measured above at any point in time. This rate, determine the steady-state efficiency at [FR Doc. 2021–07137 Filed 4–15–21; 8:45 am] requirement for combustion air inlet the minimum rated fuel input rate as BILLING CODE 6450–01–P temperature does not need to be met once the measured in section 3.1.2 of this appendix burner is shut off during the testing described for manually controlled oil fueled vented in sections 3.3 and 3.6 of this appendix. heaters. DEPARTMENT OF ENERGY 2.10 Equipment used to measure mass * * * * * flow rate in flue and stack. The tracer gas 3.2 Jacket loss measurement. Conduct a 10 CFR Parts 429 and 431 chosen for this task should have a density jacket loss test for vented floor furnaces. which is less than or approximately equal to Measure the jacket loss (Lj) in accordance [EERE–2020–BT–TP–0032] the density of air. Use a gas unreactive with with ASHRAE 103–2017 section 8.6, the environment to be encountered. Using applying the provisions for furnaces and not Energy Conservation Program: Test instrumentation of either the batch or the provisions for boilers. Procedure for Commercial & Industrial continuous type, measure the concentration Pumps of tracer gas with an error no greater than 2 * * * * * percent of the value of the concentration 3.6.2.4.2 If absolutely no smoke is drawn AGENCY: Office of Energy Efficiency and measured. into the combustion air intake, the vented Renewable Energy, Department of 2.11 Equipment with multiple control heater meets the requirements to allow use of Energy. the default draft factor of 0.05. modes. ACTION: Request for information. 2.11.1 For equipment that has both * * * * * manual and automatic thermostat control 3.8.2 Cyclic condensate collection tests. If SUMMARY: The U.S. Department of modes, test the unit according to the existing controls do not allow for cyclical Energy (‘‘DOE’’) is undertaking the procedure for its automatic control mode, i.e. operation of the tested unit, install control preliminary stages of a rulemaking to single-stage, two-stage, or step-modulating. devices to allow cyclical operation of the 2.11.2 For equipment that has multiple vented heater. Run three consecutive test consider amendments to the test automatic thermostat control modes, test in cycles. For each cycle, operate the unit until procedure for Commercial and the default mode (or similarly-named mode flue gas temperatures at the end of each on- Industrial Pumps (‘‘pumps’’). Through identified for normal operation) as defined by cycle, rounded to the nearest whole number, this request for information (‘‘RFI’’), the manufacturer in its I&O manual. If a are within 5 °F of each other for two DOE seeks data and information

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