80_FR_15980 80 FR 15922 - Energy Conservation Program for Consumer Products: Energy Conservation Standards for Direct Heating Equipment and Pool Heaters

80 FR 15922 - Energy Conservation Program for Consumer Products: Energy Conservation Standards for Direct Heating Equipment and Pool Heaters

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 58 (March 26, 2015)

Page Range15922-15930
FR Document2015-06809

The U.S. Department of Energy (DOE) is initiating a rulemaking to consider amended energy conservation standards for direct heating equipment and pool heaters. Once completed, this rulemaking will fulfill DOE's statutory obligation to either propose amended energy conservation standards for these products or to determine that the existing standards do not need to be amended. This RFI seeks to solicit information to help DOE determine whether national standards more stringent than those that are currently in place would result in a significant amount of additional energy savings and whether such amended national standards would be technologically feasible and economically justified. In overview, this document presents a brief description of the analysis DOE plans to perform for this rulemaking and requests comment on various issues relating to each of the analyses (e.g., market assessment, engineering analysis, energy use analysis, life-cycle cost and payback period analysis, national impact analysis, and manufacturer impact analysis). Although this document contains several specific topics on which the Department is particularly interested in receiving written comment, DOE welcomes suggestions and information from the public on any subject within the scope of this rulemaking, including topics not raised in this RFI.

Federal Register, Volume 80 Issue 58 (Thursday, March 26, 2015)
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Proposed Rules]
[Pages 15922-15930]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06809]



[[Page 15922]]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2015-BT-STD-0003]
RIN 1904-AD49


Energy Conservation Program for Consumer Products: Energy 
Conservation Standards for Direct Heating Equipment and Pool Heaters

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

ACTION: Request for information (RFI).

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SUMMARY: The U.S. Department of Energy (DOE) is initiating a rulemaking 
to consider amended energy conservation standards for direct heating 
equipment and pool heaters. Once completed, this rulemaking will 
fulfill DOE's statutory obligation to either propose amended energy 
conservation standards for these products or to determine that the 
existing standards do not need to be amended. This RFI seeks to solicit 
information to help DOE determine whether national standards more 
stringent than those that are currently in place would result in a 
significant amount of additional energy savings and whether such 
amended national standards would be technologically feasible and 
economically justified. In overview, this document presents a brief 
description of the analysis DOE plans to perform for this rulemaking 
and requests comment on various issues relating to each of the analyses 
(e.g., market assessment, engineering analysis, energy use analysis, 
life-cycle cost and payback period analysis, national impact analysis, 
and manufacturer impact analysis). Although this document contains 
several specific topics on which the Department is particularly 
interested in receiving written comment, DOE welcomes suggestions and 
information from the public on any subject within the scope of this 
rulemaking, including topics not raised in this RFI.

DATES: Written comments and information are requested on or before 
April 27, 2015.

ADDRESSES: Interested parties are encouraged to submit comments 
electronically. However, interested persons may submit comments, 
identified by docket number EERE-2015-BT-STD-0003 and/or regulatory 
identification number (RIN) 1904-AD49 by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: [email protected]. Include docket number 
EERE-2015-BT-STD-0003 and/or RIN 1904-AD49 in the subject line of the 
message. Submit electronic comments in WordPerfect, Microsoft Word, 
PDF, or ASCII file format, and avoid the use of special characters or 
any form of encryption.
     Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. If possible, please 
submit all items on a compact disc (CD), in which case it is not 
necessary to include printed copies.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza 
SW., Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section III of this document 
(Public Participation).

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
may be sent to Ms. Ashley Armstrong, U.S. Department of Energy, Office 
of Energy Efficiency and Renewable Energy, Building Technologies 
Program, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-6590. Email: 
[email protected].
    Mr. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: [email protected].
    For information on how to submit or review public comments, contact 
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, 
Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-2945. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Background and Authority
    B. Rulemaking Process
II. Planned Rulemaking Analyses
    A. Test Procedures
    B. Market and Technology Assessment
    C. Technology Options for Consideration
    D. Engineering Analysis
    E. Markups Analysis
    F. Energy Use Analysis
    G. Life-Cycle Cost and Payback Period Analysis
    H. Shipment Analysis
    I. National Impact Analysis
    J. Manufacturer Impact Analysis
III. Public Participation

I. Introduction

A. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA'' or ``the Act''), Public Law 94-163 (codified at 42 
U.S.C. 6291-6309) sets forth a variety of provisions designed to 
improve energy efficiency and establishes the Energy Conservation 
Program for Consumer Products Other Than Automobiles.\2\ This program 
includes most major household appliances (collectively referred to as 
``covered products''), including the two covered products that are the 
subject of this rule: direct heating equipment (DHE) and pool heaters. 
(42 U.S.C. 6292(a)(9) and (11)) Under EPCA, this energy conservation 
program generally consists of four parts: (1) Testing; (2) labeling; 
(3) establishing Federal energy conservation standards; and (4) 
certification and enforcement procedures.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Public Law. 112-210 (Dec. 18, 2012).
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    EPCA prescribes specific energy conservation standards for the pool 
heaters and gas-fired direct heating equipment. (42 U.S.C. 6295(e)(2), 
(3)) EPCA also directed DOE to conduct two cycles of rulemakings to 
determine whether to amend its standards for direct heating equipment 
and pool heaters. (42 U.S.C. 6295(e)(4)) The statute further requires 
DOE to publish a notice of proposed rulemaking including new proposed 
standards or a notice of determination that the standards for a product 
need not be amended no later than 6 years after issuance of any final 
rule establishing or amending standards for that product. (42 U.S.C. 
6295(m)(1)) DOE last promulgated a final rule on April 16, 2010, 
amending its energy conservation standards for direct heating equipment 
and pool heaters, constituting the first of these two required 
rulemakings. 75 FR 20112. The current rulemaking satisfies the 
statutory requirements under EPCA to conduct a second round of review 
of the DHE and pool heater standards. (42 U.S.C. 6295(e)(4)(B)) 
Additionally, this

[[Page 15923]]

rulemaking will satisfy the requirement for DOE to publish a notice of 
proposed rulemaking containing proposed standards or a notice of 
determination that the standards for direct heating equipment and pool 
heaters do not need to be amended by April 16, 2016. (42 U.S.C. 
6295(m)(1)) If DOE were to publish a notice of proposed rulemaking 
containing proposed amendments to its standards for either direct 
heating equipment or pool heaters, DOE would be required to issue a 
final rule amending the standards no later than 2 years after issuance 
of the notice. (42 U.S.C. 6295(m)(3)(A))
    EPCA also provides criteria for prescribing amended standards for 
covered products generally, including direct heating equipment and pool 
heaters. As indicated above, any such amended standard must be designed 
to achieve the maximum improvement in energy efficiency that is 
technologically feasible and economically justified. (42 U.S.C. 
6295(o)(2)(A)) Additionally, EPCA provides specific prohibitions on 
prescribing such standards. DOE may not prescribe an amended standard 
for any of its covered products for which it has not established a test 
procedure. (42 U.S.C. 6295(o)(3)(A)) Further, DOE may not prescribe a 
standard if DOE determines by rule that such standard would not result 
in ``significant conservation of energy,'' or ``is not technologically 
feasible or economically justified.'' (42 U.S.C. 6295(o)(3)(B)) EPCA 
also provides that in deciding whether a standard is economically 
justified for covered products, DOE must, after receiving comments on 
the proposed standard, determine whether the benefits of the standard 
exceed its burdens by considering, to the greatest extent practicable, 
the following seven factors:

    1. The economic impact of the standard on manufacturers and 
consumers of the products subject to the standard;
    2. The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products that are likely to result from the 
imposition of the standard;
    3. The total projected amount of energy (or, as applicable, 
water) savings likely to result directly from the imposition of the 
standard;
    4. Any lessening of the utility or the performance of the 
covered products likely to result from the imposition of the 
standard;
    5. The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
imposition of the standard;
    6. The need for national energy and water conservation; and
    7. Other factors the Secretary of Energy (Secretary) considers 
relevant. (42 U.S.C. 6295(o)(2)(B)(i)(I) through (VII))

    In addition, EPCA, as amended, establishes a rebuttable presumption 
that any standard for covered products is economically justified if the 
Secretary finds that ``the additional cost to the consumer of 
purchasing a product complying with an energy conservation standard 
level will be less than three times the value of the energy (and as 
applicable, water) savings during the first year that the consumer will 
receive as a result of the standard,'' as calculated under the test 
procedure in place for that standard. (42 U.S.C. 6295(o)(2)(B)(iii))
    EPCA also contains what is commonly known as an ``anti-
backsliding'' provision. (42 U.S.C. 6295(o)(1)) This provision mandates 
that the Secretary not prescribe any amended standard that either 
increases the maximum allowable energy use or decreases the minimum 
required energy efficiency of a covered product. EPCA further provides 
that the Secretary may not prescribe an amended standard if interested 
persons have established by a preponderance of the evidence that the 
standard is likely to result in the unavailability in the United States 
of any product type (or class) with performance characteristics 
(including reliability), features, sizes, capacities, and volumes that 
are substantially the same as those generally available in the United 
States at the time of the Secretary's finding. (42 U.S.C. 6295(o)(4)) 
Under 42 U.S.C. 6295(q)(1), EPCA specifies requirements applicable to 
promulgating standards for any type or class of covered product that 
has two or more subcategories. Under this provision, DOE must specify a 
different standard level than that which applies generally to such type 
or class of product that has the same function or intended use, if DOE 
determines that the products within such group: (A) Consume a different 
kind of energy from that consumed by other covered products within such 
type (or class); or (B) have a capacity or other performance-related 
feature which other products within such type (or class) do not have 
and such feature justifies a higher or lower standard'' than applies or 
will apply to the other products. (42 U.S.C. 6295(q)(1)) In determining 
whether a performance-related feature justifies such a different 
standard for a group of products, DOE must consider ``such factors as 
the utility to the consumer of such a feature'' and other factors the 
Secretary deems appropriate. Id. Any rule prescribing such a standard 
must include an explanation of the basis on which DOE established such 
higher or lower level. (42 U.S.C. 6295(q)(2))
    Section 310(3) of the Energy Independence and Security Act of 2007 
(EISA 2007; Pub. L. 110-140) amended EPCA to prospectively require that 
energy conservation standards address standby mode and off mode energy 
use. Specifically, when DOE adopts new or amended standards for a 
covered product after July 1, 2010, the final rule must, if justified 
by the criteria for adoption of standards in section 325(o) of EPCA, 
incorporate standby mode and off mode energy use into a single standard 
if feasible, or otherwise adopt a separate standard for such energy use 
for that product. (42 U.S.C. 6295(gg)(3)) On December 17, 2012 DOE 
promulgated a final rule amending its test procedures for vented direct 
heating equipment and pool heaters to incorporate standby and off-mode 
energy consumption (see section II.A below for further detail). 77 FR 
74559. The amendments related to standby and off-mode energy 
consumption were not required for purposes of compliance until the 
compliance date of the next standards final rule for those products. 
Id. This rulemaking, if amended standards are ultimately adopted, would 
serve as the next energy conservation standards rulemaking subsequent 
to these test procedure amendments, and therefore this rulemaking will 
take into account standby and off-mode energy consumption.
    Finally, Federal energy conservation requirements for covered 
products generally supersede State laws or regulations concerning 
energy conservation testing, labeling, and standards. (42 U.S.C. 
6297(a) through (c)) DOE can, however, grant waivers of Federal 
preemption for particular State laws or regulations, in accordance with 
the procedures and other provisions of section 327(d) of the Act. (42 
U.S.C. 6297(d))

B. Rulemaking Process

    In addition to the specific statutory criteria discussed in section 
I.A that DOE must follow for prescribing amended standards for covered 
products, DOE uses a specific process to assess the appropriateness of 
amending the standards that are currently in place for a given type of 
product. For direct heating equipment and pool heaters, DOE plans to 
conduct in-depth technical analyses of the costs and benefits of the 
potential amended standards to determine whether more stringent 
standards are technologically feasible and would lead to significant 
energy savings, and whether such

[[Page 15924]]

amended standards would be economically justified. The analyses would 
include the following: (1) Engineering; (2) energy use; (3) markups; 
(4) life-cycle cost and payback period; and (5) national impacts. DOE 
will also conduct downstream analyses including an analysis of: (1) 
Manufacturer impacts; (2) emission impacts; (3) utility impacts; (4) 
employment impacts; and (5) regulatory impacts. DOE will also conduct 
several other analyses that support those previously listed, including 
the market and technology assessment, the screening analysis (which 
contributes to the engineering analysis), and the shipments analysis 
(which contributes to the national impact analysis). As detailed 
throughout this RFI, DOE is publishing this notice as the first step in 
the analytical process and is requesting input and data from interested 
parties to aid in the development of the technical analyses.
    Subsequently, DOE may conduct a preliminary analysis for some or 
all products, particularly heat pump pool heaters since no prior 
rulemaking record for these products exists. Alternatively, DOE may 
elect to proceed directly to a NOPR (or determination that standards 
need not be amended) for some or all products.

II. Planned Rulemaking Analyses

    In this section, DOE summarizes the rulemaking analyses and 
identifies a number of issues on which it seeks input and data in order 
to aid in the development of the technical and economic analyses to 
determine whether amended energy conservation standards may be 
warranted for direct heating equipment and/or pool heaters. In 
addition, DOE welcomes comments on other issues relevant to the conduct 
of this rulemaking that may not specifically be identified in this RFI.

A. Test Procedures

    The test procedure for vented home heating equipment is located at 
10 CFR 430.23(o) and 10 CFR part 430, subpart B, appendix O (Appendix 
O) for vented home heating equipment (``vented heater''). The vented 
heater test procedure includes provisions for determining energy 
efficiency (annual fuel utilization efficiency (AFUE)), as well as 
annual energy consumption. DOE's test procedure for pool heaters is 
found at 10 CFR 430.23(p) and 10 CFR part 430, subpart B, appendix P 
(Appendix P). The test procedure includes provisions for determining 
two energy efficiency descriptors (i.e., thermal efficiency and 
integrated thermal efficiency), as well as annual energy consumption.
    EISA 2007 amended EPCA to require DOE to amend its test procedures 
for all covered products to include measurement of standby mode and off 
mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) DOE published a 
final rule adopting standby mode and off mode provisions for direct 
heating equipment and pool heaters in the Federal Register on December 
17, 2012 (hereafter referred to as the December 2012 test procedure 
final rule). 77 FR 74559. Additionally, DOE published a final rule 
regarding its DHE and pool heater test procedures on January 6, 2015 
adopting, among other things, provisions for testing vented home 
heaters that use condensing technology, updated industry standards 
incorporated by reference, and provisions for testing electric 
resistance and electric heat pump pool heaters, and which clarified the 
applicability of the test procedure to oil-fired pool heaters 
(hereafter referred to as the January 2015 test procedure final rule). 
80 FR 792. DOE will use the most current version of the test procedures 
as the basis for any amended energy conservation standards.
    For DHE, the December 2012 test procedure final rule included 
additional measurements and calculations in the test procedure to 
determine the annual electrical consumption in standby and off-mode 
separate from the AFUE metric. 77 FR 74559, 74571-74572. The standby 
and off-mode fossil fuel consumption for DHE was previously 
incorporated in the AFUE in the form of the pilot light usage and off-
cycle flue and stack losses. For gas-fired pool heaters, the December 
2012 test procedure final rule included measurements and calculations 
that incorporate electrical and fossil fuel consumption in standby and 
off-mode into an integrated thermal efficiency metric. Id. at 74572-
74573. The provisions for testing electric resistance and electric heat 
pump pool heaters added in the January 2015 test procedure final rule 
also integrate the standby and off-mode electrical consumption into an 
integrated thermal efficiency metric. 80 FR 792, 813-815.
    For both DHE and pool heaters, the December 2012 test procedure 
amendments were not required for testing in determining compliance with 
the current energy conservation standards until the next energy 
conservation standard final rule. 77 FR 74559. This rulemaking is the 
subsequent standards rulemaking to the December 2012 test procedure 
amendments; therefore, DOE plans to consider energy conservation 
standards as part of this rulemaking that incorporate standby and off-
mode energy use as measured by the amended test procedures.
    In the case of vented home heating equipment, while the pilot light 
and off-cycle flue and stack losses are integrated into the AFUE, the 
measurements and calculations for standby and off-mode electrical 
consumption are not. Should DOE consider standby and off-mode 
electrical consumption of vented home heating equipment separate 
analyses would be conducted in order to propose energy conservation 
standards for standby and off-mode electrical consumption. In order to 
make such a determination, DOE is seeking data, information, and 
comment on the electrical consumption of vented home heating equipment 
in standby and off-mode.
    Issue 1: DOE seeks data, information, and comment on the electrical 
consumption of all product classes of DHE in standby and off-mode.
    In the case of pool heaters, the amendments contained in the 
December 2012 test procedure final rule integrated the standby and off-
mode electrical consumption for gas-fired pool heaters into an 
integrated thermal efficiency metric. Likewise, the January 2015 test 
procedure final rule added provisions for determining the integrated 
thermal efficiency of electric resistance and electric heat pump pool 
heaters. Since the current pool heater rating metric (thermal 
efficiency) and energy conservation standards do not incorporate 
standby and off-mode energy consumption, DOE would need to develop a 
method to convert from the existing thermal efficiency ratings (which 
does not include standby and off mode energy consumption) to ratings 
under the new integrated thermal efficiency metric (which includes 
standby and off mode energy consumption). DOE plans to develop a method 
of converting ratings from those under the current metrics to those 
under the new metrics that include standby and off-mode energy 
consumption. To that end, DOE is requesting information regarding 
typical standby and off-mode fossil fuel and electricity consumption 
for DHE and pool heaters.
    Issue 2: DOE requests data and information regarding typical energy 
use (fossil fuel and electricity) in standby and off-modes for all pool 
heater types (i.e. gas-fired, electric resistance, and electric heat 
pump). DOE also requests data and information regarding the impacts on 
efficiency ratings of including the standby mode and off mode energy 
consumption in the

[[Page 15925]]

integrated thermal efficiency (pool heaters).

B. Market and Technology Assessment

    The market and technology assessment provides information about the 
direct heating equipment and pool heater industries that will be used 
throughout the rulemaking process. For example, this information will 
be used to determine whether the existing product class structure 
requires modification based on the statutory criteria for setting such 
classes and to explore the potential for technological improvements in 
the design of such products. The Department uses qualitative and 
quantitative information to assess the past and present industry 
structure and market characteristics. DOE will use existing market 
materials and literature from a variety of sources, including industry 
publications, trade journals, government agencies, and trade 
organizations. DOE will also consider conducting interviews with 
manufacturers to assess the overall market for both direct heating 
equipment and for pool heaters.
    The current product classes as established in the Code of Federal 
Regulations for direct heating equipment are characterized by product 
type (i.e., wall fan, wall gravity, floor furnace, and room heater), 
and size (i.e., input capacity rating). As a starting point, DOE plans 
to use the existing product class structure for products manufactured 
after April 16, 2013, which divides direct heating equipment into the 
equipment classes as shown in the table in 10 CFR 430.32(i) and 
summarized below in Table II.1.

        Table II.1--Product Classes for Direct Heating Equipment
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                              Product type
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Gas wall fan type up to 42,000 Btu/h.
Gas wall fan type over 42,000 Btu/h.
Gas wall gravity type up to 27,000 Btu/h.
Gas wall gravity type over 27,000 Btu/h up to 46,000 Btu/h.
Gas wall gravity type over 46,000 Btu/h.
Gas floor up to 37,000 Btu/h.
Gas floor over 37,000 Btu/h.
Gas room up to 20,000 Btu/h.
Gas room over 20,000 Btu/h up to 27,000 Btu/h.
Gas room over 27,000 Btu/h up to 46,000 Btu/h.
Gas room over 46,000 Btu/h.
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    DOE's energy conservation standards for pool heaters currently 
regulate only one type of pool heater--gas-fired pool heaters. In 
analyzing standards for electric (including both resistance and heat 
pump), DOE will consider creating separate product classes for pool 
heaters based on fuel type, capacity, or other performance related 
features that may affect efficiency and justify the establishment of 
different energy conservation standards.
    Issue 3: DOE requests feedback on the current product classes for 
direct heating equipment and seeks information regarding other product 
classes it should consider for inclusion in its analysis.
    Issue 4: DOE seeks comment on whether product classes should be 
established for pool heaters and seeks information regarding product 
classes it should consider for inclusion in its analysis.
    Issue 5: DOE seeks data, information, and comment on electric 
resistance pool heaters, specifically on their capacities and 
applications. DOE also requests data, information, and comment on 
whether heat pump technology is a viable design for those applications 
in which electric resistance pool heaters are typically found.
    As discussed in section II.A, DOE published a final rule on January 
6, 2015 regarding its test procedures for DHE and pool heaters in which 
it was clarified that the test procedure applies to oil-fired pool 
heaters. 80 FR 792 However, in reviewing the pool heater market, DOE 
found only one model of oil-fired pool heater available. DOE therefore 
has tentatively determined that the energy savings potential for oil-
fired pool heaters is de minimis, and that accordingly energy 
conservation standards need not be proposed.
    Issue 6: DOE seeks comment on its tentative conclusion that energy 
conservation standards for oil-fired pool heaters would result in de 
minimis energy savings.

C. Technology Options for Consideration

    DOE uses information about existing and past technology options and 
prototype designs to help identify technologies that manufacturers 
could use to meet and/or exceed energy conservation standards. In 
consultation with interested parties, DOE intends to develop a list of 
technologies to consider in its analysis. Initially, this list will 
include all those technologies considered to be technologically 
feasible and will serve to establish the maximum technologically 
feasible design. For DHE, DOE will initially consider the specific 
technologies and design options listed below, along with any other 
technologies identified during the rulemaking analysis.

 Improved insulation \3\
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    \3\ This includes increasing jacket insulation, advanced 
insulation types, foam insulation, and pipe and fitting insulation. 
For DHE, this applies only to floor furnaces, since heat lost 
through the jacket does not enter the occupied space.
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 Power and direct venting
 Condensing heat exchanger technology
 Electronic ignition systems
 Improved controls \4\
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    \4\ This includes incorporating timer controls, modulating 
controls, and intelligent and wireless controls and communication.
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 Improved burners \5\
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    \5\ This includes incorporating variable firing-rate burners, 
low-stage firing burners, and modulating burners.
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 Flue or stack damper \6\
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    \6\ Thermal or electro-mechanical.
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 Improved heat exchanger design \7\
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    \7\ Including material and surface area.

    For gas-fired pool heaters, DOE will consider the specific 
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technologies and design options listed below.

 Improved insulation \3\
 Improved controls \4\
 Improved heat exchanger design \7\
 Condensing heat exchanger technology
 Electronic ignition systems

    For electric pool heaters, if included in the scope of this 
rulemaking, DOE would initially consider the specific technologies and 
design options listed below.

 Improved insulation \3\
 Improved controls \4\
 Heat pump (as opposed to electric resistance element) \8\
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    \8\ Should electric pool heaters be considered one product 
class, heat pump technology may be considered a technology option 
for increasing the efficiency of electric pool heaters.
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 Increased evaporator surface area (heat pump pool heaters)
 Increased condenser surface area (heat pump pool heaters)
 Improved compressor efficiency (heat pump pool heaters)

    Issue 7: DOE seeks information related to these or other 
efficiency-improving technologies for DHE or pool heaters. 
Specifically, DOE is interested in comments regarding their costs, 
applicability to the current market, and how these technologies improve 
efficiency of DHE and pool heaters.

D. Engineering Analysis

    The engineering analysis estimates the cost-efficiency relationship 
of products at different levels of increased energy efficiency. This 
relationship serves as the basis for the cost-benefit calculations for 
consumers, manufacturers, and the nation. In determining the cost-
efficiency relationship, DOE will estimate the increase in manufacturer 
cost associated

[[Page 15926]]

with increasing the efficiency of products above the baseline up to the 
maximum technologically feasible (``max-tech'') efficiency level for 
each product class. The baseline model is used as a reference point for 
each product class in the engineering analysis and the life-cycle cost 
and payback-period analyses. DOE considers products that just meet the 
current minimum energy conservation standard as baseline products. For 
products that do not have an existing minimum energy conservation 
standard, DOE considers the least efficient products on the market as 
baseline equipment. DOE will establish a baseline for each DHE product 
class using the AFUE, and a separate baseline in terms of standby and 
off-mode electrical consumption since this is not integrated in the 
AFUE metric. For each gas-fired pool heater product class, DOE would 
use the thermal efficiency standards converted to integrated thermal 
efficiency in order to set a baseline. Energy conservation standards do 
not currently exist for electric resistance and electric heat pump pool 
heaters, and so DOE would select the least efficient products on the 
market for baseline models using the integrated thermal efficiency 
metric.
    Issue 8: DOE requests comment on approaches that it should consider 
when determining a baseline for product classes of DHE and pool 
heaters, including information regarding the merits and/or deficiencies 
of such approaches.
    Issue 9: DOE requests information on max-tech efficiency levels 
achievable in the current market and associated technologies for both 
DHE and pool heaters.
    In order to create the cost-efficiency relationship, DOE 
anticipates that it will structure its engineering analysis using both 
a reverse-engineering (or cost-assessment) approach and a catalog 
teardown approach. A cost-assessment approach relies on a teardown 
analysis of representative units at the baseline efficiency level and 
higher efficiency levels up to the maximum technologically feasible 
designs. A teardown analysis (or physical teardown) determines the 
production cost of a product by disassembling the product ``piece-by-
piece'' and estimating the material and labor cost of each component. A 
catalog teardown approach uses published manufacturer catalogs and 
supplementary component data to estimate the major physical differences 
between a piece of equipment that has been physically disassembled and 
another similar product. These two methods would be used together to 
help DOE estimate the manufacturer production cost of products at 
various efficiency levels.
    Issue 10: DOE requests feedback on the planned approach for the 
engineering analysis and on the appropriate representative capacities 
and characteristics for each DHE product class and for pool heaters of 
all types.

E. Markups Analysis

    To carry out the life-cycle cost (LCC) and payback period (PBP) 
calculations, DOE needs to determine the cost to the consumer of 
baseline products that satisfy the currently applicable standards, and 
the cost of the more efficient unit the customer would purchase under 
potential amended standards. This is done by applying a markup 
multiplier to the manufacturer's selling price to estimate the 
consumer's price.
    Markups depend on the distribution channels for a product (i.e., 
how the product passes from the manufacturer to the consumer). For both 
direct heating equipment and pool heaters, DOE characterized two 
distribution channels to describe how the equipment pass from the 
manufacturer to consumer: (1) replacement market, and (2) new 
construction market.
    In the replacement market for direct heating equipment, most sales 
go through wholesalers to mechanical contractors, and then to 
consumers. In new construction market, most sales go through wholesaler 
to mechanical contractors hired by the general contractors. Thus, DOE 
defined two distribution channels for the purposes of estimating 
markups for direct heating equipment, and the distribution channel for 
replacement market is characterized as follows:

Manufacturer [rarr] Wholesaler [rarr] Mechanical Contractor [rarr] 
Consumer

    In the case of new construction, DOE plans to characterize the 
distribution channel as follows:

Manufacturer [rarr] Wholesaler [rarr] Mechanical Contractor [rarr] 
General Contractor [rarr] Consumer

    To determine distribution channels for pool heaters, DOE used 
information from a consultant report.\9\ For the replacement market, 
most sales go through wholesalers to pool service companies. In most 
new construction market, the pool builder purchases the product from a 
wholesaler, and there is no contractor involved. Thus, DOE defined two 
distribution channels for the purposes of estimating markups for pool 
heaters.
---------------------------------------------------------------------------

    \9\ Hamos, R., Consultant Report--Pool Heater Distribution 
Channels, 2007.
---------------------------------------------------------------------------

    For replacement pool heaters, DOE plans to characterize the 
distribution channel as follows:

Manufacturer [rarr] Wholesaler [rarr] Service Company [rarr] Consumer

    For the new construction market, DOE plans to characterize the 
distribution channel for pool heaters as follows:

Manufacturer [rarr] Wholesaler [rarr] Pool Builder [rarr] Consumer

    Issue 11: DOE seeks input from stakeholders on whether the 
distribution channels described above are appropriate for direct 
heating equipment and pool heaters and are sufficient to describe the 
distribution markets.
    Issue 12: DOE seeks input on the percentage of products being 
distributed through the different distribution channels, and whether 
the share of products through each channel varies based on product 
class, capacity, or other feature.
    To develop markups for the parties involved in the distribution of 
direct heating equipment and pool heaters, DOE would utilize several 
sources including: (1) the Heating, Air-Conditioning & Refrigeration 
Distributors International (HARDI) 2013 Profit Report \10\ to develop 
wholesaler markups, (2) the 2005 Air Conditioning Contractors of 
America's (ACCA) financial analysis for the heating, ventilation, air-
conditioning, and refrigeration (HVACR) contracting industry \11\ and 
U.S. Census Bureau's 2007 Economic Census data for the plumbing and 
HVAC contractors industry \12\ to develop mechanical contractor 
markups, (3) RS Means Electrical Cost Data \13\ to develop pool service 
company markup, and (4) U.S. Census Bureau's 2007 Economic Census data 
for the residential building construction industry \14\ to develop

[[Page 15927]]

general contractor and pool builder markups.
---------------------------------------------------------------------------

    \10\ Heating, Air Conditioning & Refrigeration Distributors 
International 2013 Profit Report, <http://www.hardinet.org/Profit-Report>
    \11\ Air Conditioning Contractors of America (ACCA), Financial 
Analysis for the HVACR Contracting Industry: 2005, 2005. <https://www.acca.org/store/product.php?pid=142>
    \12\ U.S. Census Bureau, Data set for Sector 23, EC0723A1: 
238220 (Plumbing, Heating and Air-Conditioning Contractors), 
Construction: Geographic Area Series, Detailed Statistics for 
Establishments, 2007. <http://www.census.gov/econ/>
    \13\ RS Means Company Inc., Mechanical Cost Data--31st Annual 
Edition. 2013. ed. M. Mossman. Kingston, MA.
    \14\ U.S. Census Bureau, Construction: Industry Series: 
Preliminary Detailed Statistics for Establishments: 2007. New 
Single-Family General Contractors, New Multifamily Housing 
Construction (Except Operative Builders), New Housing Operative 
Builders Resi, 2007. <http://www.census.gov/econ/>
---------------------------------------------------------------------------

    In addition to the markups, DOE would derive State and local taxes 
from data provided by the Sales Tax Clearinghouse. \15\ These data 
represent weighted-average taxes that include county and city rates. 
DOE would derive shipment-weighted-average tax values for each region 
considered in the analysis.
---------------------------------------------------------------------------

    \15\ Sales Tax Clearinghouse Inc., State Sales Tax Rates Along 
with Combined Average City and County Rates, 2010. <http://thestc.com/STrates.stm>
---------------------------------------------------------------------------

    Issue 13: DOE seeks updated data, if available, and recommendations 
regarding data sources to establish the markups for the parties 
involved with the distribution of covered equipment.

F. Energy Use Analysis

    The purpose of the energy use analysis is to assess the energy 
requirements of direct heating equipment and pool heaters described in 
the engineering analysis for a representative sample of households that 
utilize the product, and to assess the energy-savings potential of 
increased product efficiencies. DOE uses the annual energy consumption 
and energy-savings potential in the LCC and PBP analysis to establish 
the operating costs savings at various product efficiency levels. DOE 
will estimate the annual energy consumption of direct heating equipment 
at specified energy efficiency levels across a range of applications, 
household types, and climate zones. The annual energy consumption 
includes use of natural gas, liquefied petroleum gas (LPG), and 
electricity.
    DOE intends to base the energy use analysis on household 
characteristics from the Energy Information Administration's (EIA) 2009 
Residential Energy Consumption Survey (RECS) \16\ for the households in 
RECS that use direct heating equipment and pool heaters covered by this 
standard. In addition, DOE may supplement the use of RECS with less 
detailed but more recent data sources, such as the American Housing 
Survey.
---------------------------------------------------------------------------

    \16\ Energy Information Administration (EIA). 2009 Residential 
Energy Consumption Survey (RECS). (Available at: http://www.eia.gov/consumption/residential/) (Last accessed April 10, 2013).
---------------------------------------------------------------------------

    The RECS survey data include information on the physical 
characteristics of homes, space heating equipment used, fuels used, 
energy consumption and expenditures, and other building 
characteristics. RECS data also reports energy consumption for pool 
heating in households that use them. Based on these data, DOE will 
develop a representative population of households for each direct 
heating equipment and pool heater class.
    Issue 14: DOE requests comment on the overall method to determine 
energy use of direct heating equipment and pool heaters and if other 
factors should be considered in developing the energy use or energy use 
methodology.
    Issue 15: DOE seeks input on the current distribution of product 
efficiencies in the market for different product types and classes.

G. Life-Cycle Cost and Payback Period Analysis

    The purpose of the LCC and PBP analysis is to analyze the effects 
of potential amended energy conservation standards on consumers of 
direct heating equipment and pool heaters by determining how a 
potential amended standard affects their operating expenses (usually 
decreased) and their total installed costs (usually increased).
    DOE intends to analyze the potential for variability by performing 
the LCC and PBP calculations on a representative sample of individual 
households. DOE plans to utilize the sample of households developed for 
the energy use analysis and the corresponding simulations results. 
Within a given household, one or more direct heating equipment units 
may serve the building's space heating needs, depending on the space 
heating requirements of the building. As a result, the Department 
intends to express the LCC and PBP results for each of the individual 
direct heating equipment units installed in the building. DOE plans to 
model variability in many of the inputs to the LCC and PBP analysis 
using Monte Carlo simulation and probability distributions. As a 
result, the LCC and PBP results will be displayed as distributions of 
impacts compared to the base case (without amended standards) 
conditions. DOE also intends to utilize the sample of households 
developed for energy use analysis of pool heaters. DOE plans to model 
variability in many of the inputs to the pool heater LCC and PBP 
analysis using Monte Carlo simulation and probability distributions.
    Issue 16: DOE requests comment on the overall method that it 
intends on using to conduct the LCC and PBP analysis for direct heating 
equipment and pool heaters.
    Inputs to the LCC and PBP analysis are categorized as: (1) inputs 
for establishing the purchase expense, otherwise known as the total 
installed cost, and (2) inputs for calculating the operating expense.
    The primary inputs for establishing the total installed cost are 
the baseline consumer price, standard-level consumer price increases, 
and installation costs. Baseline consumer prices and standard-level 
consumer price increases will be determined by applying markups to 
manufacturer selling price estimates. The installation cost is added to 
the consumer price to arrive at a total installed cost. DOE intends to 
develop installation costs using the most recent RS Means data 
available.
    Issue 17: DOE seeks input on the approach and data sources it 
intends to use to develop installation costs, specifically, its 
intention to use the most recent RS Means Mechanical Cost Data. \17\
---------------------------------------------------------------------------

    \17\ RS Means. 2014 Mechanical Cost Data. (Available at: http://rsmeans.reedconstructiondata.com/60023.aspx) (Last accessed April 
10, 2014).
---------------------------------------------------------------------------

    The primary inputs for calculating the operating costs are product 
energy consumption, product efficiency, energy prices and forecasts, 
maintenance and repair costs, product lifetime, and discount rates. 
Both product lifetime and discount rates are used to calculate the 
present value of future operating expenses.
    The product energy consumption is the site energy use associated 
with providing space heating to the room of a building (DHE) or water 
heating to a pool or spa (pool heaters). DOE intends to utilize the 
energy use calculation methodology described in Section II.F to 
establish product energy use.
    DOE will identify an approach to account for the gas, liquefied 
petroleum gas (LPG) and electricity prices paid by consumers for the 
purposes of calculating operating costs, savings, net present value, 
and payback period. DOE intends to consider determining gas, LPG, and 
electricity prices based on geographically available fuel cost data 
such as state level data, with consideration for the variation in 
energy costs paid by different building types. This approach calculates 
energy expenses based on actual energy prices that customers are paying 
in different geographical areas of the country. As a potential 
additional source, DOE may consider data to compare provided in EIA's 
Form 826 data \18\ to calculate commercial electricity prices, EIA's

[[Page 15928]]

Natural Gas Navigator \19\ to calculate commercial natural gas prices, 
and EIA's State Energy Data Systems (SEDS) \20\ to calculate liquefied 
petroleum gas (LPG) prices. Future energy prices will likely be 
projected using trends from EIA's most recently published Annual Energy 
Outlook (AEO). \21\
---------------------------------------------------------------------------

    \18\ Energy Information Administration (EIA), Survey form EIA-
826--Monthly Electric Utility Sales and Revenue Report with State 
Distributions--(Available at: http://www.eia.gov/electricity/data/eia826/index.html)
    \19\ Energy Information Administration (EIA), Natural Gas 
Navigator. (Available at: http://tonto.eia.doe.gov/dnav/ng/ng_pri_sum_dcu_nus_m.htm).
    \20\ Energy Information Administration (EIA), State Energy Data 
System (SEDS). (Available at: http://www.eia.gov/state/seds/).
    \21\ Energy Information Administration (EIA). Annual Energy 
Outlook (AEO) Full Version. (Available at: http://www.eia.gov/forecasts/aeo/).
---------------------------------------------------------------------------

    Issue 18: DOE seeks comment and sources on its approach for 
developing gas, LPG, and electricity prices.
    Maintenance costs are expenses associated with ensuring continued 
operation of the covered products over time. DOE intends to develop 
maintenance costs for its analysis using the most recent RS Means data 
available. \22\ DOE plans also to consider the cases when the equipment 
is covered by service and/or maintenance agreements.
---------------------------------------------------------------------------

    \22\ RS Means. 2013 Facilities Maintenance & Repair Cost Data. 
(Available at: http://rsmeans.reedconstructiondata.com/60303.aspx).
---------------------------------------------------------------------------

    Issue 19: DOE seeks input on the approach and data sources it 
intends to use to develop maintenance costs for DHE and pool heaters, 
specifically, its intention to use the most recent RS Means Facilities 
Maintenance & Repair Cost Data, as well as to consider the cost of 
service and/or maintenance agreements.
    Repair costs are expenses associated with repairing or replacing 
components of the covered products that have failed. DOE intends to 
assess whether repair costs vary with product efficiency as part of its 
analysis. Likewise, DOE intends to assess whether maintenance costs 
vary with product efficiency as part of its analysis.
    Issue 20: DOE seeks comment as to whether repair costs vary as a 
function of product efficiency for either DHE or pool heaters. DOE also 
requests any data or information on developing repair costs for these 
products.
    Product lifetime is the age at which a unit of covered equipment is 
retired from service. The average equipment lifetimes for DHE and gas-
fired pool heaters are estimated by various sources to be between 3 and 
20 years based on application and equipment type.\23\ Based on these 
data, DOE plans to determine the average lifetimes for each DHE and 
pool heater product class as the primary inputs for developing a 
Weibull probability distribution to characterize DHE and pool heater 
lifetimes.
---------------------------------------------------------------------------

    \23\ See S. Department of Energy-Office of Codes and Standards, 
Technical Support Document: Energy Efficiency Standards for Consumer 
Products: Room Air Conditioners, Water Heaters, Direct Heating 
Equipment, Mobile Home Furnaces, Kitchen Ranges and Ovens, Pool 
Heaters, Fluorescent Lamp Ballasts & Television Sets, 1993. 
Washington, DC Vol. 1 of 3. Report No. DOE/EE-0009. National 
Renewable Energy Laboratory (NREL). U.S. Department of Energy 
Commercial Reference Building Models of the National Building Stock. 
February 2011. Pg. 38. (Available at: http://www.nrel.gov/docs/fy11osti/46861.pdf); Empire Comfort System, Surround Yourself With 
Comfort, 2006. (Available at: http://dev.obatadesign.com/clients/Empire/faq/faq.asp); U.S. Department of Energy: Energy Efficiency 
and Renewable Energy, Gas Swimming Pool Heaters, 2005; Illinois 
Propane Gas Association, Swimming, 2006 (Available at: http://
www.ilpga.org/homebuilder_swimming.cfm); Pool Quest, Heating-
Frequently Asked Questions, 2005.) (Available at: http://www.poolquest.com/heaters.aspx). The Spa Specialist Inc., Spa 
Buyer's Questions and Answers, 2006. (Available at: http://www.spaspecialist.com/qa.html); and Hamos, R., Consultant Report--
Pool Heaters, 2009.
---------------------------------------------------------------------------

    Issue 21: DOE seeks comment on its approach of using a Weibull 
probability distribution to characterize product lifetimes. DOE also 
requests DHE and pool heater product lifetime data and information on 
whether product lifetime varies based on product characteristics, fuel 
type, product application, or efficiency level considerations.
    Issue 22: DOE seeks data, information, and comment on the product 
lifetimes of electric resistance and electric heat pump pool heaters.
    The discount rate is the rate at which future expenditures are 
discounted to establish their present value. DOE intends to derive the 
discount rates by estimating the finance cost to consumers direct 
heating equipment and pool heaters. For replacement purchasers, the 
estimated cost of financing of this equipment is estimated from a 
portfolio of consumer debts. For new construction purchases, financing 
costs are related to mortgage interest rates.
    DOE's analysis includes measures of LCC and PBP impacts of 
potential standard levels relative to a base case, which reflects the 
likely market in the absence of amended standards. DOE plans to develop 
market-share efficiency data (i.e., the distribution of product 
shipments by efficiency) for the product classes DOE is considering, 
for the year in which compliance with any amended standards would be 
required.
    DOE also plans to assess the applicability of the ``rebound 
effect'' in the energy consumption for DHE and for pool heaters. A 
rebound effect occurs when a product that is made more efficient is 
used more intensively, so that the expected energy savings from the 
efficiency improvement may not fully materialize. However, at this 
time, DOE is not aware of any information about the rebound effect for 
these product types.
    Issue 23: DOE requests data on current efficiency market shares (of 
shipments) by product class for DHE and pool heaters, and also input on 
similar historic data. DOE also requests comment on market segmentation 
based on capacity, application and fuel type, as well as trends in fuel 
switching.
    Issue 24: DOE also requests information on expected future trends 
in efficiency for DHE product classes and for all pool heater types, 
including the relative market share of condensing versus non-condensing 
products in the market in the absence of new efficiency standards.
    Issue 25: DOE seeks comments and data on any rebound effect that 
may be associated with more efficient DHE and pool heaters.

H. Shipment Analysis

    DOE uses shipment projections by product class to calculate the 
national impacts of standards on energy consumption, net present value 
(NPV) of customer benefits, and future manufacturer cash flows.
    DOE intends to develop a shipments models for DHE and gas-fired 
pool heaters based on historical shipments data obtained during the 
rulemaking process. DOE currently does not have any historical 
shipments information for electric resistance or electric heat pump 
pool heaters. DOE will also examine unit shipments and value of 
shipments for direct heating equipment, and pool heaters using publicly 
available data from the U.S. Census Bureau's Annual Survey of 
Manufacturers (ASM) and Current Industrial Reports (CIR), and the 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) and Air-Conditioning, Heating, and Refrigeration 
Institute (AHRI).
    Issue 26: DOE seeks historical shipments data for DHE and pool 
heaters, particularly for electric resistance and electric heat pump 
pool heaters.
    Issue 27: DOE seeks data, information, and comment on expected 
future trends for shipments of all product classes of DHE and all types 
of pool heaters, including the relative share of sales to new 
construction vs. existing households.
    DOE intends to utilize the U.S. Census Bureau data \24\ to 
establish

[[Page 15929]]

historical new construction floor space, as well as historical stock 
floor space. The Annual Energy Outlook will be used to forecast both 
new construction and stock floor space. Using these and historical 
equipment saturation data from RECS, DOE will estimate shipments to the 
three market segments identified above.
---------------------------------------------------------------------------

    \24\ U.S. Census Bureau. Statistical Abstract of the United 
States: 2011, Table No 933--Construction Contracts-Value of 
Construction and Floor Space of Buildings by Class of Construction. 
(Available at: https://www.census.gov/compendia/statab/2011/cats/construction_housing/construction_indices_and_value.html)
---------------------------------------------------------------------------

    Issue 28: DOE seeks input on the approach and data sources it 
intends to use in developing the shipments model and shipments 
forecasts for this analysis, including main drivers and trends toward 
consumer switching between fuel types.

I. National Impact Analysis

    The purpose of the national impact analysis (NIA) is to estimate 
aggregate impacts of potential energy conservation standards at the 
national level. Impacts that DOE reports include the national energy 
savings (NES) from potential standards and the net present value (NPV) 
of the total customer benefits.
    To develop the NES, DOE calculates annual energy consumption for 
the base case and the standards cases. DOE calculates the annual energy 
consumption using per-unit annual energy use data multiplied by 
projected shipments.
    To develop the NPV of customer benefits from potential energy 
conservation standards, DOE calculates annual energy expenditures and 
annual product expenditures for the base case and the standards cases. 
DOE calculates annual energy expenditures from annual energy 
consumption by incorporating projected energy prices. DOE calculates 
annual product expenditures by multiplying the price per unit times the 
projected shipments. The difference each year between energy bill 
savings, increased maintenance and repair costs, and increased product 
expenditures is the net savings or net costs.
    A key component of DOE's estimates of NES and NPV are the product 
energy efficiencies forecasted over time for the base case and for each 
of the standards cases. For the base case trend, DOE will consider 
whether historical data show any trend and whether any trend can be 
reasonably extrapolated beyond current efficiency levels. In 
particular, DOE is interested in historical and future shipments of 
products with step changes in efficiency, such as condensing gas-fired 
DHE or heat pump pool heaters.
    Issue 29: DOE requests comment and any available data on 
historical, current, and future market share of equipment with step 
changes in efficiency, such as gas-fired vented home heaters that use 
condensing technology and electric heat pump pool heaters, as compared 
to less efficient products, such as non-condensing gas-fired DHE and 
electric resistance pool heaters, respectively, for each product class.
    For the various standards cases, to estimate the impact that 
amended energy conservation standards may have in the year compliance 
becomes required, DOE would likely use a ``roll-up'' scenario. Under 
the ``roll-up'' scenario, DOE assumes: (1) Product efficiencies in the 
base case that do not meet the new or amended standard level under 
consideration would ``roll up'' to meet that standard level; and (2) 
product shipments at efficiencies above the standard level under 
consideration would not be affected. After DOE establishes the 
efficiency distribution for the assumed compliance date of a standard, 
it may consider future projected efficiency growth using available 
trend data.
    As described in section II.F, DOE intends to determine whether 
there is a rebound effect associated with more efficient DHE or pool 
heaters. If data indicate that there is a rebound effect, DOE will 
account for the rebound effect in its calculation of NES.
    DOE has historically presented NES in terms of primary energy 
savings. On August 18, 2011, DOE announced its intention to use full-
fuel-cycle (FFC) measures of energy use and greenhouse gas and other 
emissions in the national impact analyses and emissions analyses 
included in future energy conservation standards rulemakings. 76 FR 
51282. While DOE stated in that notice that it intended to use the 
Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation 
(GREET) model to conduct the analysis, it also said it would review 
alternative methods, including the use of NEMS. After evaluating both 
models and the approaches discussed in the August 18, 2011 notice, DOE 
determined NEMS is a more appropriate tool for this purpose. 77 FR 
49701 (Aug. 17, 2012). Therefore, DOE is using NEMS to conduct FFC 
analyses. The method used to derive the FFC multipliers will be 
described in the TSD.

J. Manufacturer Impact Analysis

    The purpose of the manufacturer impact analysis (MIA) is to 
estimate the financial impacts of potential energy conservation 
standards on manufacturers of direct heating equipment and pool 
heaters, and to evaluate the potential impact of such standards on 
direct employment and manufacturing capacity. The MIA includes both 
quantitative and qualitative aspects. The quantitative part of the MIA 
primarily relies on the Government Regulatory Impact Model (GRIM), an 
industry cash-flow model used to estimate a range of potential impacts 
on manufacturer profitability. The qualitative part of the MIA 
addresses a proposed standard's potential impacts on manufacturing 
capacity and industry competition, as well as factors such as product 
characteristics, impacts on particular subgroups of firms, and 
important market and product trends.
    As part of the MIA, DOE also analyzes impacts of potential energy 
conservation standards on small business manufacturers of covered 
products. DOE uses the Small Business Administration's (SBA) small 
business size standards to determine whether manufacturers qualify as 
small businesses. The size standards are listed by North American 
Industry Classification System (NAICS) code and industry description. 
\25\ Manufacturing of direct heating equipment and pool heaters is 
classified under NAICS 333414, ``Heating Equipment (except Warm Air 
Furnaces) Manufacturing.'' The SBA sets a threshold of 500 employees or 
fewer for an entity to be considered as a small business in this 
category. The 500-employee threshold includes all employees in a 
business's parent company and any other subsidiaries.
---------------------------------------------------------------------------

    \25\ Available at: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf
---------------------------------------------------------------------------

    DOE has initially identified four manufacturers of direct heating 
equipment and 16 manufacturers of pool heaters. The table below lists 
all identified manufacturers. Domestic small businesses are designated 
with an asterisk.

[[Page 15930]]



------------------------------------------------------------------------
  Direct heating equipment manufacturers      Pool heater manufacturers
------------------------------------------------------------------------
 Empire Comfort Systems*             AquaCal Autopilot,
 Louisville Tin and Stove Co.*       Inc.*
 Rinnai                              AquaComfort
 Williams Furnace Co.                Technologies.*
                                             AquaPro Systems.*
                                             Built Right Pool
                                             Heaters.*
                                             Coates Heater
                                             Company, Inc.*
                                             EcoSmart US, LLC.*
                                             G&F Manufacturing.*
                                             Hayward Industries,
                                             Inc.
                                             Hydroquip, Inc.*
                                             Lochinvar LLC.
                                             Pentair.
                                             Rheem.
                                             Thermeau
                                             Industries, Inc.
                                             (Canadian).
                                             Titan Systems
                                             (Canadian).
                                             United States
                                             ThermoAmp, Inc.*
                                             Zodiac Pool Systems
                                             Inc.
------------------------------------------------------------------------
* Domestic small businesses

    Issue 30: DOE requests comment on the completeness of the 
manufacturer list presented, including names of any additional 
manufacturers that may belong on this list.

III. Public Participation

    DOE will accept comments, data, and information regarding this RFI 
and other matters relevant to DOE's consideration of amended energy 
conservations standard for DHE and pool heaters no later than the date 
provided in the DATES section at the beginning of this RFI. Interested 
parties may submit comments using any of the methods described in the 
ADDRESSES section at the beginning of this RFI. After the close of the 
comment period, DOE will begin collecting data, conducting the 
analyses, and reviewing the public comments. These actions will be 
taken to aid in the development of a NOPR for energy conservation 
standards for DHE and pool heaters, should DOE decide to amend the 
standards for DHE and pool heaters.
    Instructions: All submissions received must include the agency name 
and docket number and/or RIN for this rulemaking. No telefacsimilies 
(faxes) will be accepted.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, public meeting attendees' lists and 
transcripts, comments, and other supporting documents/materials. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2015-BT-STD-0003. This Web 
page contains a link to the docket for this notice on the 
www.regulations.gov Web site. The www.regulations.gov Web page contains 
simple instructions on how to access all documents, including public 
comments, in the docket.
    For information on how to submit a comment, review other public 
comments and the docket, or participate in the public meeting, contact 
Ms. Brenda Edwards at (202) 586-2945 or by email: 
[email protected].
    DOE considers public participation to be a very important part of 
the process for developing test procedures. DOE actively encourages the 
participation and interaction of the public during the comment period 
in each stage of the rulemaking process. Interactions with and between 
members of the public provide a balanced discussion of the issues and 
assist DOE in the rulemaking process. Anyone who wishes to be added to 
the DOE mailing list to receive future notices and information about 
this rulemaking should contact Ms. Brenda Edwards at (202) 586-2945, or 
via email at [email protected].

    Issued in Washington, DC, on March 17, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-06809 Filed 3-25-15; 8:45 am]
 BILLING CODE 6450-01-P



                                                    15922                  Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules

                                                    DEPARTMENT OF ENERGY                                       • Federal eRulemaking Portal:                         C. Technology Options for Consideration
                                                                                                            www.regulations.gov. Follow the                          D. Engineering Analysis
                                                    10 CFR Part 430                                         instructions for submitting comments.                    E. Markups Analysis
                                                                                                               • Email: DHE2015STD0003@                              F. Energy Use Analysis
                                                                                                                                                                     G. Life-Cycle Cost and Payback Period
                                                    [Docket Number EERE–2015–BT–STD–                        ee.doe.gov. Include docket number                           Analysis
                                                    0003]                                                   EERE–2015–BT–STD–0003 and/or RIN                         H. Shipment Analysis
                                                                                                            1904–AD49 in the subject line of the                     I. National Impact Analysis
                                                    RIN 1904–AD49                                           message. Submit electronic comments                      J. Manufacturer Impact Analysis
                                                                                                            in WordPerfect, Microsoft Word, PDF,                  III. Public Participation
                                                    Energy Conservation Program for                         or ASCII file format, and avoid the use
                                                                                                                                                                  I. Introduction
                                                    Consumer Products: Energy                               of special characters or any form of
                                                    Conservation Standards for Direct                       encryption.                                           A. Background and Authority
                                                    Heating Equipment and Pool Heaters                         • Postal Mail: Ms. Brenda Edwards,                    Title III, Part B 1 of the Energy Policy
                                                                                                            U.S. Department of Energy, Building                   and Conservation Act of 1975 (‘‘EPCA’’
                                                    AGENCY:  Office of Energy Efficiency and                Technologies Program, Mailstop EE–2J,                 or ‘‘the Act’’), Public Law 94–163
                                                    Renewable Energy, Department of                         1000 Independence Avenue SW.,                         (codified at 42 U.S.C. 6291–6309) sets
                                                    Energy.                                                 Washington, DC 20585–0121. If                         forth a variety of provisions designed to
                                                    ACTION: Request for information (RFI).                  possible, please submit all items on a                improve energy efficiency and
                                                                                                            compact disc (CD), in which case it is                establishes the Energy Conservation
                                                    SUMMARY:   The U.S. Department of                       not necessary to include printed copies.              Program for Consumer Products Other
                                                    Energy (DOE) is initiating a rulemaking                    • Hand Delivery/Courier: Ms. Brenda
                                                                                                                                                                  Than Automobiles.2 This program
                                                    to consider amended energy                              Edwards, U.S. Department of Energy,
                                                                                                                                                                  includes most major household
                                                    conservation standards for direct                       Building Technologies Program, 6th
                                                                                                                                                                  appliances (collectively referred to as
                                                    heating equipment and pool heaters.                     Floor, 950 L’Enfant Plaza SW.,
                                                                                                                                                                  ‘‘covered products’’), including the two
                                                    Once completed, this rulemaking will                    Washington, DC 20024. Telephone:
                                                                                                                                                                  covered products that are the subject of
                                                    fulfill DOE’s statutory obligation to                   (202) 586–2945. If possible, please
                                                                                                                                                                  this rule: direct heating equipment
                                                    either propose amended energy                           submit all items on a CD, in which case
                                                                                                                                                                  (DHE) and pool heaters. (42 U.S.C.
                                                    conservation standards for these                        it is not necessary to include printed
                                                                                                                                                                  6292(a)(9) and (11)) Under EPCA, this
                                                    products or to determine that the                       copies.
                                                                                                               For detailed instructions on                       energy conservation program generally
                                                    existing standards do not need to be
                                                                                                            submitting comments and additional                    consists of four parts: (1) Testing; (2)
                                                    amended. This RFI seeks to solicit
                                                                                                            information on the rulemaking process,                labeling; (3) establishing Federal energy
                                                    information to help DOE determine
                                                                                                            see section III of this document (Public              conservation standards; and (4)
                                                    whether national standards more
                                                                                                            Participation).                                       certification and enforcement
                                                    stringent than those that are currently in
                                                                                                                                                                  procedures.
                                                    place would result in a significant                     FOR FURTHER INFORMATION CONTACT:                         EPCA prescribes specific energy
                                                    amount of additional energy savings and                 Requests for additional information may               conservation standards for the pool
                                                    whether such amended national                           be sent to Ms. Ashley Armstrong, U.S.                 heaters and gas-fired direct heating
                                                    standards would be technologically                      Department of Energy, Office of Energy                equipment. (42 U.S.C. 6295(e)(2), (3))
                                                    feasible and economically justified. In                 Efficiency and Renewable Energy,                      EPCA also directed DOE to conduct two
                                                    overview, this document presents a brief                Building Technologies Program, EE–5B,                 cycles of rulemakings to determine
                                                    description of the analysis DOE plans to                1000 Independence Avenue SW.,                         whether to amend its standards for
                                                    perform for this rulemaking and                         Washington, DC 20585–0121.                            direct heating equipment and pool
                                                    requests comment on various issues                      Telephone: (202) 586–6590. Email:                     heaters. (42 U.S.C. 6295(e)(4)) The
                                                    relating to each of the analyses (e.g.,                 direct_heating_equipment@ee.doe.gov.                  statute further requires DOE to publish
                                                    market assessment, engineering                             Mr. Sarah Butler, U.S. Department of               a notice of proposed rulemaking
                                                    analysis, energy use analysis, life-cycle               Energy, Office of the General Counsel,                including new proposed standards or a
                                                    cost and payback period analysis,                       GC–33, 1000 Independence Avenue                       notice of determination that the
                                                    national impact analysis, and                           SW., Washington, DC 20585–0121.                       standards for a product need not be
                                                    manufacturer impact analysis).                          Telephone: (202) 586–1777. Email:                     amended no later than 6 years after
                                                    Although this document contains                         Sarah.Butler@hq.doe.gov.                              issuance of any final rule establishing or
                                                    several specific topics on which the                       For information on how to submit or
                                                                                                                                                                  amending standards for that product.
                                                    Department is particularly interested in                review public comments, contact Ms.
                                                                                                                                                                  (42 U.S.C. 6295(m)(1)) DOE last
                                                    receiving written comment, DOE                          Brenda Edwards, U.S. Department of
                                                                                                                                                                  promulgated a final rule on April 16,
                                                    welcomes suggestions and information                    Energy, Office of Energy Efficiency and
                                                                                                                                                                  2010, amending its energy conservation
                                                    from the public on any subject within                   Renewable Energy, Building
                                                                                                                                                                  standards for direct heating equipment
                                                    the scope of this rulemaking, including                 Technologies Program, Mailstop EE–2J,
                                                                                                                                                                  and pool heaters, constituting the first of
                                                    topics not raised in this RFI.                          1000 Independence Avenue SW.,
                                                                                                                                                                  these two required rulemakings. 75 FR
                                                    DATES: Written comments and                             Washington, DC 20585–0121.
                                                                                                                                                                  20112. The current rulemaking satisfies
                                                    information are requested on or before                  Telephone: (202) 586–2945. Email:
                                                                                                                                                                  the statutory requirements under EPCA
                                                    April 27, 2015.                                         Brenda.Edwards@ee.doe.gov.
                                                                                                                                                                  to conduct a second round of review of
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                                                                                                            SUPPLEMENTARY INFORMATION:                            the DHE and pool heater standards. (42
                                                    ADDRESSES: Interested parties are
                                                    encouraged to submit comments                           Table of Contents                                     U.S.C. 6295(e)(4)(B)) Additionally, this
                                                    electronically. However, interested
                                                                                                            I. Introduction
                                                    persons may submit comments,                               A. Background and Authority
                                                                                                                                                                    1 For editorial reasons, upon codification in the

                                                    identified by docket number EERE–                                                                             U.S. Code, Part B was redesignated as Part A.
                                                                                                               B. Rulemaking Process                                2 All references to EPCA in this document refer
                                                    2015–BT–STD–0003 and/or regulatory                      II. Planned Rulemaking Analyses                       to the statute as amended through the American
                                                    identification number (RIN) 1904–AD49                      A. Test Procedures                                 Energy Manufacturing Technical Corrections Act
                                                    by any of the following methods:                           B. Market and Technology Assessment                (AEMTCA), Public Law. 112–210 (Dec. 18, 2012).



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                                                                           Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules                                           15923

                                                    rulemaking will satisfy the requirement                   7. Other factors the Secretary of Energy            must include an explanation of the basis
                                                    for DOE to publish a notice of proposed                 (Secretary) considers relevant. (42 U.S.C.            on which DOE established such higher
                                                    rulemaking containing proposed                          6295(o)(2)(B)(i)(I) through (VII))                    or lower level. (42 U.S.C. 6295(q)(2))
                                                    standards or a notice of determination                     In addition, EPCA, as amended,                        Section 310(3) of the Energy
                                                    that the standards for direct heating                   establishes a rebuttable presumption                  Independence and Security Act of 2007
                                                    equipment and pool heaters do not need                  that any standard for covered products                (EISA 2007; Pub. L. 110–140) amended
                                                    to be amended by April 16, 2016. (42                    is economically justified if the Secretary            EPCA to prospectively require that
                                                    U.S.C. 6295(m)(1)) If DOE were to                       finds that ‘‘the additional cost to the               energy conservation standards address
                                                    publish a notice of proposed rulemaking                 consumer of purchasing a product                      standby mode and off mode energy use.
                                                    containing proposed amendments to its                   complying with an energy conservation                 Specifically, when DOE adopts new or
                                                    standards for either direct heating                     standard level will be less than three                amended standards for a covered
                                                    equipment or pool heaters, DOE would                    times the value of the energy (and as                 product after July 1, 2010, the final rule
                                                    be required to issue a final rule                       applicable, water) savings during the                 must, if justified by the criteria for
                                                    amending the standards no later than 2                  first year that the consumer will receive             adoption of standards in section 325(o)
                                                    years after issuance of the notice. (42                 as a result of the standard,’’ as                     of EPCA, incorporate standby mode and
                                                    U.S.C. 6295(m)(3)(A))                                   calculated under the test procedure in                off mode energy use into a single
                                                                                                            place for that standard. (42 U.S.C.                   standard if feasible, or otherwise adopt
                                                      EPCA also provides criteria for                                                                             a separate standard for such energy use
                                                    prescribing amended standards for                       6295(o)(2)(B)(iii))
                                                                                                                                                                  for that product. (42 U.S.C. 6295(gg)(3))
                                                    covered products generally, including                      EPCA also contains what is
                                                                                                                                                                  On December 17, 2012 DOE
                                                    direct heating equipment and pool                       commonly known as an ‘‘anti-
                                                                                                                                                                  promulgated a final rule amending its
                                                    heaters. As indicated above, any such                   backsliding’’ provision. (42 U.S.C.
                                                                                                                                                                  test procedures for vented direct heating
                                                    amended standard must be designed to                    6295(o)(1)) This provision mandates
                                                                                                                                                                  equipment and pool heaters to
                                                    achieve the maximum improvement in                      that the Secretary not prescribe any
                                                                                                                                                                  incorporate standby and off-mode
                                                    energy efficiency that is technologically               amended standard that either increases
                                                                                                                                                                  energy consumption (see section II.A
                                                    feasible and economically justified. (42                the maximum allowable energy use or
                                                                                                                                                                  below for further detail). 77 FR 74559.
                                                    U.S.C. 6295(o)(2)(A)) Additionally,                     decreases the minimum required energy
                                                                                                                                                                  The amendments related to standby and
                                                    EPCA provides specific prohibitions on                  efficiency of a covered product. EPCA
                                                                                                                                                                  off-mode energy consumption were not
                                                    prescribing such standards. DOE may                     further provides that the Secretary may               required for purposes of compliance
                                                    not prescribe an amended standard for                   not prescribe an amended standard if                  until the compliance date of the next
                                                    any of its covered products for which it                interested persons have established by a              standards final rule for those products.
                                                    has not established a test procedure. (42               preponderance of the evidence that the                Id. This rulemaking, if amended
                                                    U.S.C. 6295(o)(3)(A)) Further, DOE may                  standard is likely to result in the                   standards are ultimately adopted, would
                                                    not prescribe a standard if DOE                         unavailability in the United States of                serve as the next energy conservation
                                                    determines by rule that such standard                   any product type (or class) with                      standards rulemaking subsequent to
                                                    would not result in ‘‘significant                       performance characteristics (including                these test procedure amendments, and
                                                    conservation of energy,’’ or ‘‘is not                   reliability), features, sizes, capacities,            therefore this rulemaking will take into
                                                    technologically feasible or economically                and volumes that are substantially the                account standby and off-mode energy
                                                    justified.’’ (42 U.S.C. 6295(o)(3)(B))                  same as those generally available in the              consumption.
                                                    EPCA also provides that in deciding                     United States at the time of the                         Finally, Federal energy conservation
                                                    whether a standard is economically                      Secretary’s finding. (42 U.S.C.                       requirements for covered products
                                                    justified for covered products, DOE                     6295(o)(4)) Under 42 U.S.C. 6295(q)(1),               generally supersede State laws or
                                                    must, after receiving comments on the                   EPCA specifies requirements applicable                regulations concerning energy
                                                    proposed standard, determine whether                    to promulgating standards for any type                conservation testing, labeling, and
                                                    the benefits of the standard exceed its                 or class of covered product that has two              standards. (42 U.S.C. 6297(a) through
                                                    burdens by considering, to the greatest                 or more subcategories. Under this                     (c)) DOE can, however, grant waivers of
                                                    extent practicable, the following seven                 provision, DOE must specify a different               Federal preemption for particular State
                                                    factors:                                                standard level than that which applies                laws or regulations, in accordance with
                                                                                                            generally to such type or class of                    the procedures and other provisions of
                                                       1. The economic impact of the standard on
                                                    manufacturers and consumers of the
                                                                                                            product that has the same function or                 section 327(d) of the Act. (42 U.S.C.
                                                    products subject to the standard;                       intended use, if DOE determines that                  6297(d))
                                                       2. The savings in operating costs                    the products within such group: (A)
                                                                                                            Consume a different kind of energy from               B. Rulemaking Process
                                                    throughout the estimated average life of the
                                                    covered products in the type (or class)                 that consumed by other covered                           In addition to the specific statutory
                                                    compared to any increase in the price, initial          products within such type (or class); or              criteria discussed in section I.A that
                                                    charges, or maintenance expenses for the                (B) have a capacity or other                          DOE must follow for prescribing
                                                    covered products that are likely to result              performance-related feature which other               amended standards for covered
                                                    from the imposition of the standard;                    products within such type (or class) do               products, DOE uses a specific process to
                                                       3. The total projected amount of energy (or,         not have and such feature justifies a                 assess the appropriateness of amending
                                                    as applicable, water) savings likely to result          higher or lower standard’’ than applies               the standards that are currently in place
                                                    directly from the imposition of the standard;           or will apply to the other products. (42              for a given type of product. For direct
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                                                       4. Any lessening of the utility or the
                                                                                                            U.S.C. 6295(q)(1)) In determining                     heating equipment and pool heaters,
                                                    performance of the covered products likely to
                                                    result from the imposition of the standard;
                                                                                                            whether a performance-related feature                 DOE plans to conduct in-depth
                                                       5. The impact of any lessening of                    justifies such a different standard for a             technical analyses of the costs and
                                                    competition, as determined in writing by the            group of products, DOE must consider                  benefits of the potential amended
                                                    Attorney General, that is likely to result from         ‘‘such factors as the utility to the                  standards to determine whether more
                                                    the imposition of the standard;                         consumer of such a feature’’ and other                stringent standards are technologically
                                                       6. The need for national energy and water            factors the Secretary deems appropriate.              feasible and would lead to significant
                                                    conservation; and                                       Id. Any rule prescribing such a standard              energy savings, and whether such


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                                                    15924                  Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules

                                                    amended standards would be                              thermal efficiency), as well as annual                consider energy conservation standards
                                                    economically justified. The analyses                    energy consumption.                                   as part of this rulemaking that
                                                    would include the following: (1)                           EISA 2007 amended EPCA to require                  incorporate standby and off-mode
                                                    Engineering; (2) energy use; (3)                        DOE to amend its test procedures for all              energy use as measured by the amended
                                                    markups; (4) life-cycle cost and payback                covered products to include                           test procedures.
                                                    period; and (5) national impacts. DOE                   measurement of standby mode and off                      In the case of vented home heating
                                                    will also conduct downstream analyses                   mode energy consumption. (42 U.S.C.                   equipment, while the pilot light and off-
                                                    including an analysis of: (1)                           6295(gg)(2)(A)) DOE published a final                 cycle flue and stack losses are integrated
                                                    Manufacturer impacts; (2) emission                      rule adopting standby mode and off                    into the AFUE, the measurements and
                                                    impacts; (3) utility impacts; (4)                       mode provisions for direct heating                    calculations for standby and off-mode
                                                    employment impacts; and (5) regulatory                  equipment and pool heaters in the                     electrical consumption are not. Should
                                                    impacts. DOE will also conduct several                  Federal Register on December 17, 2012                 DOE consider standby and off-mode
                                                    other analyses that support those                       (hereafter referred to as the December                electrical consumption of vented home
                                                    previously listed, including the market                 2012 test procedure final rule). 77 FR                heating equipment separate analyses
                                                    and technology assessment, the                          74559. Additionally, DOE published a                  would be conducted in order to propose
                                                    screening analysis (which contributes to                final rule regarding its DHE and pool                 energy conservation standards for
                                                    the engineering analysis), and the                      heater test procedures on January 6,                  standby and off-mode electrical
                                                    shipments analysis (which contributes                   2015 adopting, among other things,                    consumption. In order to make such a
                                                    to the national impact analysis). As                    provisions for testing vented home                    determination, DOE is seeking data,
                                                    detailed throughout this RFI, DOE is                    heaters that use condensing technology,               information, and comment on the
                                                    publishing this notice as the first step in             updated industry standards                            electrical consumption of vented home
                                                    the analytical process and is requesting                incorporated by reference, and                        heating equipment in standby and off-
                                                    input and data from interested parties to               provisions for testing electric resistance            mode.
                                                    aid in the development of the technical                 and electric heat pump pool heaters,                     Issue 1: DOE seeks data, information,
                                                    analyses.                                               and which clarified the applicability of              and comment on the electrical
                                                                                                            the test procedure to oil-fired pool                  consumption of all product classes of
                                                      Subsequently, DOE may conduct a
                                                                                                            heaters (hereafter referred to as the                 DHE in standby and off-mode.
                                                    preliminary analysis for some or all                                                                             In the case of pool heaters, the
                                                                                                            January 2015 test procedure final rule).
                                                    products, particularly heat pump pool                                                                         amendments contained in the December
                                                                                                            80 FR 792. DOE will use the most
                                                    heaters since no prior rulemaking record                                                                      2012 test procedure final rule integrated
                                                                                                            current version of the test procedures as
                                                    for these products exists. Alternatively,                                                                     the standby and off-mode electrical
                                                                                                            the basis for any amended energy
                                                    DOE may elect to proceed directly to a                                                                        consumption for gas-fired pool heaters
                                                                                                            conservation standards.
                                                    NOPR (or determination that standards                      For DHE, the December 2012 test                    into an integrated thermal efficiency
                                                    need not be amended) for some or all                    procedure final rule included additional              metric. Likewise, the January 2015 test
                                                    products.                                               measurements and calculations in the                  procedure final rule added provisions
                                                    II. Planned Rulemaking Analyses                         test procedure to determine the annual                for determining the integrated thermal
                                                                                                            electrical consumption in standby and                 efficiency of electric resistance and
                                                      In this section, DOE summarizes the                   off-mode separate from the AFUE                       electric heat pump pool heaters. Since
                                                    rulemaking analyses and identifies a                    metric. 77 FR 74559, 74571–74572. The                 the current pool heater rating metric
                                                    number of issues on which it seeks                      standby and off-mode fossil fuel                      (thermal efficiency) and energy
                                                    input and data in order to aid in the                   consumption for DHE was previously                    conservation standards do not
                                                    development of the technical and                        incorporated in the AFUE in the form of               incorporate standby and off-mode
                                                    economic analyses to determine                          the pilot light usage and off-cycle flue              energy consumption, DOE would need
                                                    whether amended energy conservation                     and stack losses. For gas-fired pool                  to develop a method to convert from the
                                                    standards may be warranted for direct                   heaters, the December 2012 test                       existing thermal efficiency ratings
                                                    heating equipment and/or pool heaters.                  procedure final rule included                         (which does not include standby and off
                                                    In addition, DOE welcomes comments                      measurements and calculations that                    mode energy consumption) to ratings
                                                    on other issues relevant to the conduct                 incorporate electrical and fossil fuel                under the new integrated thermal
                                                    of this rulemaking that may not                         consumption in standby and off-mode                   efficiency metric (which includes
                                                    specifically be identified in this RFI.                 into an integrated thermal efficiency                 standby and off mode energy
                                                    A. Test Procedures                                      metric. Id. at 74572–74573. The                       consumption). DOE plans to develop a
                                                                                                            provisions for testing electric resistance            method of converting ratings from those
                                                      The test procedure for vented home                    and electric heat pump pool heaters                   under the current metrics to those under
                                                    heating equipment is located at 10 CFR                  added in the January 2015 test                        the new metrics that include standby
                                                    430.23(o) and 10 CFR part 430, subpart                  procedure final rule also integrate the               and off-mode energy consumption. To
                                                    B, appendix O (Appendix O) for vented                   standby and off-mode electrical                       that end, DOE is requesting information
                                                    home heating equipment (‘‘vented                        consumption into an integrated thermal                regarding typical standby and off-mode
                                                    heater’’). The vented heater test                       efficiency metric. 80 FR 792, 813–815.                fossil fuel and electricity consumption
                                                    procedure includes provisions for                          For both DHE and pool heaters, the                 for DHE and pool heaters.
                                                    determining energy efficiency (annual                   December 2012 test procedure                             Issue 2: DOE requests data and
                                                    fuel utilization efficiency (AFUE)), as                 amendments were not required for                      information regarding typical energy use
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                                                    well as annual energy consumption.                      testing in determining compliance with                (fossil fuel and electricity) in standby
                                                    DOE’s test procedure for pool heaters is                the current energy conservation                       and off-modes for all pool heater types
                                                    found at 10 CFR 430.23(p) and 10 CFR                    standards until the next energy                       (i.e. gas-fired, electric resistance, and
                                                    part 430, subpart B, appendix P                         conservation standard final rule. 77 FR               electric heat pump). DOE also requests
                                                    (Appendix P). The test procedure                        74559. This rulemaking is the                         data and information regarding the
                                                    includes provisions for determining two                 subsequent standards rulemaking to the                impacts on efficiency ratings of
                                                    energy efficiency descriptors (i.e.,                    December 2012 test procedure                          including the standby mode and off
                                                    thermal efficiency and integrated                       amendments; therefore, DOE plans to                   mode energy consumption in the


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                                                                           Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules                                                     15925

                                                    integrated thermal efficiency (pool                     separate product classes for pool heaters             • Improved insulation 3
                                                    heaters).                                               based on fuel type, capacity, or other                • Power and direct venting
                                                                                                            performance related features that may                 • Condensing heat exchanger
                                                    B. Market and Technology Assessment                                                                              technology
                                                                                                            affect efficiency and justify the
                                                       The market and technology                            establishment of different energy                     • Electronic ignition systems
                                                    assessment provides information about                   conservation standards.                               • Improved controls 4
                                                    the direct heating equipment and pool                      Issue 3: DOE requests feedback on the              • Improved burners 5
                                                    heater industries that will be used                                                                           • Flue or stack damper 6
                                                                                                            current product classes for direct
                                                    throughout the rulemaking process. For                                                                        • Improved heat exchanger design 7
                                                                                                            heating equipment and seeks
                                                    example, this information will be used                  information regarding other product                      For gas-fired pool heaters, DOE will
                                                    to determine whether the existing                       classes it should consider for inclusion              consider the specific technologies and
                                                    product class structure requires                        in its analysis.                                      design options listed below.
                                                    modification based on the statutory
                                                                                                               Issue 4: DOE seeks comment on                      • Improved insulation 3
                                                    criteria for setting such classes and to
                                                                                                            whether product classes should be                     • Improved controls 4
                                                    explore the potential for technological                                                                       • Improved heat exchanger design 7
                                                                                                            established for pool heaters and seeks
                                                    improvements in the design of such                                                                            • Condensing heat exchanger
                                                                                                            information regarding product classes it
                                                    products. The Department uses                                                                                    technology
                                                                                                            should consider for inclusion in its                  • Electronic ignition systems
                                                    qualitative and quantitative information
                                                                                                            analysis.
                                                    to assess the past and present industry                                                                          For electric pool heaters, if included
                                                    structure and market characteristics.                      Issue 5: DOE seeks data, information,              in the scope of this rulemaking, DOE
                                                    DOE will use existing market materials                  and comment on electric resistance pool               would initially consider the specific
                                                    and literature from a variety of sources,               heaters, specifically on their capacities             technologies and design options listed
                                                    including industry publications, trade                  and applications. DOE also requests                   below.
                                                    journals, government agencies, and                      data, information, and comment on
                                                                                                            whether heat pump technology is a                     • Improved insulation 3
                                                    trade organizations. DOE will also                                                                            • Improved controls 4
                                                                                                            viable design for those applications in
                                                    consider conducting interviews with                                                                           • Heat pump (as opposed to electric
                                                    manufacturers to assess the overall                     which electric resistance pool heaters
                                                                                                                                                                     resistance element) 8
                                                                                                            are typically found.
                                                    market for both direct heating                                                                                • Increased evaporator surface area
                                                    equipment and for pool heaters.                            As discussed in section II.A, DOE                     (heat pump pool heaters)
                                                       The current product classes as                       published a final rule on January 6,                  • Increased condenser surface area (heat
                                                    established in the Code of Federal                      2015 regarding its test procedures for                   pump pool heaters)
                                                    Regulations for direct heating                          DHE and pool heaters in which it was                  • Improved compressor efficiency (heat
                                                    equipment are characterized by product                  clarified that the test procedure applies                pump pool heaters)
                                                    type (i.e., wall fan, wall gravity, floor               to oil-fired pool heaters. 80 FR 792                     Issue 7: DOE seeks information
                                                    furnace, and room heater), and size (i.e.,              However, in reviewing the pool heater                 related to these or other efficiency-
                                                    input capacity rating). As a starting                   market, DOE found only one model of                   improving technologies for DHE or pool
                                                    point, DOE plans to use the existing                    oil-fired pool heater available. DOE                  heaters. Specifically, DOE is interested
                                                    product class structure for products                    therefore has tentatively determined                  in comments regarding their costs,
                                                    manufactured after April 16, 2013,                      that the energy savings potential for oil-            applicability to the current market, and
                                                    which divides direct heating equipment                  fired pool heaters is de minimis, and                 how these technologies improve
                                                    into the equipment classes as shown in                  that accordingly energy conservation                  efficiency of DHE and pool heaters.
                                                    the table in 10 CFR 430.32(i) and                       standards need not be proposed.
                                                    summarized below in Table II.1.                            Issue 6: DOE seeks comment on its                  D. Engineering Analysis
                                                                                                            tentative conclusion that energy                        The engineering analysis estimates
                                                      TABLE II.1—PRODUCT CLASSES FOR                        conservation standards for oil-fired pool             the cost-efficiency relationship of
                                                         DIRECT HEATING EQUIPMENT                           heaters would result in de minimis                    products at different levels of increased
                                                                                                            energy savings.                                       energy efficiency. This relationship
                                                                      Product type                                                                                serves as the basis for the cost-benefit
                                                                                                            C. Technology Options for
                                                                                                                                                                  calculations for consumers,
                                                    Gas wall fan type up to 42,000 Btu/h.                   Consideration
                                                                                                                                                                  manufacturers, and the nation. In
                                                    Gas wall fan type over 42,000 Btu/h.
                                                    Gas wall gravity type up to 27,000 Btu/h.                  DOE uses information about existing                determining the cost-efficiency
                                                    Gas wall gravity type over 27,000 Btu/h up to           and past technology options and                       relationship, DOE will estimate the
                                                     46,000 Btu/h.                                          prototype designs to help identify                    increase in manufacturer cost associated
                                                    Gas wall gravity type over 46,000 Btu/h.                technologies that manufacturers could
                                                    Gas floor up to 37,000 Btu/h.                           use to meet and/or exceed energy                         3 This includes increasing jacket insulation,

                                                    Gas floor over 37,000 Btu/h.                            conservation standards. In consultation               advanced insulation types, foam insulation, and
                                                    Gas room up to 20,000 Btu/h.                                                                                  pipe and fitting insulation. For DHE, this applies
                                                                                                            with interested parties, DOE intends to               only to floor furnaces, since heat lost through the
                                                    Gas room over 20,000 Btu/h up to 27,000                 develop a list of technologies to                     jacket does not enter the occupied space.
                                                     Btu/h.
                                                    Gas room over 27,000 Btu/h up to 46,000
                                                                                                            consider in its analysis. Initially, this                4 This includes incorporating timer controls,

                                                                                                            list will include all those technologies              modulating controls, and intelligent and wireless
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                                                     Btu/h.                                                                                                       controls and communication.
                                                    Gas room over 46,000 Btu/h.                             considered to be technologically feasible                5 This includes incorporating variable firing-rate
                                                                                                            and will serve to establish the maximum               burners, low-stage firing burners, and modulating
                                                      DOE’s energy conservation standards                   technologically feasible design. For                  burners.
                                                    for pool heaters currently regulate only                DHE, DOE will initially consider the                     6 Thermal or electro-mechanical.

                                                    one type of pool heater—gas-fired pool                  specific technologies and design options                 7 Including material and surface area.
                                                                                                                                                                     8 Should electric pool heaters be considered one
                                                    heaters. In analyzing standards for                     listed below, along with any other
                                                                                                                                                                  product class, heat pump technology may be
                                                    electric (including both resistance and                 technologies identified during the                    considered a technology option for increasing the
                                                    heat pump), DOE will consider creating                  rulemaking analysis.                                  efficiency of electric pool heaters.



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                                                    15926                  Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules

                                                    with increasing the efficiency of                       manufacturer production cost of                       the purposes of estimating markups for
                                                    products above the baseline up to the                   products at various efficiency levels.                pool heaters.
                                                    maximum technologically feasible                          Issue 10: DOE requests feedback on                     For replacement pool heaters, DOE
                                                    (‘‘max-tech’’) efficiency level for each                the planned approach for the                          plans to characterize the distribution
                                                    product class. The baseline model is                    engineering analysis and on the                       channel as follows:
                                                    used as a reference point for each                      appropriate representative capacities                 Manufacturer → Wholesaler → Service
                                                    product class in the engineering                        and characteristics for each DHE                         Company → Consumer
                                                    analysis and the life-cycle cost and                    product class and for pool heaters of all
                                                    payback-period analyses. DOE considers                                                                           For the new construction market, DOE
                                                                                                            types.
                                                    products that just meet the current                                                                           plans to characterize the distribution
                                                    minimum energy conservation standard                    E. Markups Analysis                                   channel for pool heaters as follows:
                                                    as baseline products. For products that                    To carry out the life-cycle cost (LCC)             Manufacturer → Wholesaler → Pool
                                                    do not have an existing minimum                         and payback period (PBP) calculations,                   Builder → Consumer
                                                    energy conservation standard, DOE                       DOE needs to determine the cost to the                   Issue 11: DOE seeks input from
                                                    considers the least efficient products on               consumer of baseline products that                    stakeholders on whether the
                                                    the market as baseline equipment. DOE                   satisfy the currently applicable                      distribution channels described above
                                                    will establish a baseline for each DHE                  standards, and the cost of the more                   are appropriate for direct heating
                                                    product class using the AFUE, and a                     efficient unit the customer would                     equipment and pool heaters and are
                                                    separate baseline in terms of standby                   purchase under potential amended                      sufficient to describe the distribution
                                                    and off-mode electrical consumption                     standards. This is done by applying a                 markets.
                                                    since this is not integrated in the AFUE                markup multiplier to the manufacturer’s                  Issue 12: DOE seeks input on the
                                                    metric. For each gas-fired pool heater                  selling price to estimate the consumer’s              percentage of products being distributed
                                                    product class, DOE would use the                        price.                                                through the different distribution
                                                    thermal efficiency standards converted                     Markups depend on the distribution                 channels, and whether the share of
                                                    to integrated thermal efficiency in order               channels for a product (i.e., how the                 products through each channel varies
                                                    to set a baseline. Energy conservation                  product passes from the manufacturer to               based on product class, capacity, or
                                                    standards do not currently exist for                    the consumer). For both direct heating                other feature.
                                                    electric resistance and electric heat                   equipment and pool heaters, DOE                          To develop markups for the parties
                                                    pump pool heaters, and so DOE would                     characterized two distribution channels               involved in the distribution of direct
                                                    select the least efficient products on the              to describe how the equipment pass                    heating equipment and pool heaters,
                                                    market for baseline models using the                    from the manufacturer to consumer: (1)                DOE would utilize several sources
                                                    integrated thermal efficiency metric.                   replacement market, and (2) new                       including: (1) the Heating, Air-
                                                       Issue 8: DOE requests comment on                     construction market.                                  Conditioning & Refrigeration
                                                    approaches that it should consider                         In the replacement market for direct               Distributors International (HARDI) 2013
                                                    when determining a baseline for                         heating equipment, most sales go                      Profit Report 10 to develop wholesaler
                                                    product classes of DHE and pool                         through wholesalers to mechanical                     markups, (2) the 2005 Air Conditioning
                                                    heaters, including information regarding                contractors, and then to consumers. In                Contractors of America’s (ACCA)
                                                    the merits and/or deficiencies of such                  new construction market, most sales go                financial analysis for the heating,
                                                    approaches.                                             through wholesaler to mechanical                      ventilation, air-conditioning, and
                                                       Issue 9: DOE requests information on                 contractors hired by the general                      refrigeration (HVACR) contracting
                                                    max-tech efficiency levels achievable in                contractors. Thus, DOE defined two                    industry 11 and U.S. Census Bureau’s
                                                    the current market and associated                       distribution channels for the purposes                2007 Economic Census data for the
                                                    technologies for both DHE and pool
                                                                                                            of estimating markups for direct heating              plumbing and HVAC contractors
                                                    heaters.
                                                                                                            equipment, and the distribution channel               industry 12 to develop mechanical
                                                       In order to create the cost-efficiency
                                                    relationship, DOE anticipates that it will              for replacement market is characterized               contractor markups, (3) RS Means
                                                    structure its engineering analysis using                as follows:                                           Electrical Cost Data 13 to develop pool
                                                    both a reverse-engineering (or cost-                    Manufacturer → Wholesaler →                           service company markup, and (4) U.S.
                                                    assessment) approach and a catalog                       Mechanical Contractor → Consumer                     Census Bureau’s 2007 Economic Census
                                                    teardown approach. A cost-assessment                                                                          data for the residential building
                                                                                                              In the case of new construction, DOE                construction industry 14 to develop
                                                    approach relies on a teardown analysis                  plans to characterize the distribution
                                                    of representative units at the baseline                 channel as follows:                                     10 Heating, Air Conditioning & Refrigeration
                                                    efficiency level and higher efficiency                                                                        Distributors International 2013 Profit Report,
                                                    levels up to the maximum                                Manufacturer → Wholesaler →                           <http://www.hardinet.org/Profit-Report>
                                                    technologically feasible designs. A                      Mechanical Contractor → General                        11 Air Conditioning Contractors of America

                                                    teardown analysis (or physical                           Contractor → Consumer                                (ACCA), Financial Analysis for the HVACR
                                                    teardown) determines the production                                                                           Contracting Industry: 2005, 2005. <https://
                                                                                                              To determine distribution channels                  www.acca.org/store/product.php?pid=142>
                                                    cost of a product by disassembling the                  for pool heaters, DOE used information                  12 U.S. Census Bureau, Data set for Sector 23,
                                                    product ‘‘piece-by-piece’’ and                          from a consultant report.9 For the                    EC0723A1: 238220 (Plumbing, Heating and Air-
                                                    estimating the material and labor cost of               replacement market, most sales go                     Conditioning Contractors), Construction:
                                                    each component. A catalog teardown                                                                            Geographic Area Series, Detailed Statistics for
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                                                                                                            through wholesalers to pool service                   Establishments, 2007. <http://www.census.gov/
                                                    approach uses published manufacturer                    companies. In most new construction                   econ/>
                                                    catalogs and supplementary component                    market, the pool builder purchases the                  13 RS Means Company Inc., Mechanical Cost
                                                    data to estimate the major physical                     product from a wholesaler, and there is               Data—31st Annual Edition. 2013. ed. M. Mossman.
                                                    differences between a piece of                          no contractor involved. Thus, DOE                     Kingston, MA.
                                                                                                                                                                    14 U.S. Census Bureau, Construction: Industry
                                                    equipment that has been physically                      defined two distribution channels for                 Series: Preliminary Detailed Statistics for
                                                    disassembled and another similar                                                                              Establishments: 2007. New Single-Family General
                                                    product. These two methods would be                       9 Hamos, R., Consultant Report—Pool Heater          Contractors, New Multifamily Housing
                                                    used together to help DOE estimate the                  Distribution Channels, 2007.                          Construction (Except Operative Builders), New



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                                                                           Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules                                                  15927

                                                    general contractor and pool builder                     for pool heating in households that use               cost, and (2) inputs for calculating the
                                                    markups.                                                them. Based on these data, DOE will                   operating expense.
                                                      In addition to the markups, DOE                       develop a representative population of                  The primary inputs for establishing
                                                    would derive State and local taxes from                 households for each direct heating                    the total installed cost are the baseline
                                                    data provided by the Sales Tax                          equipment and pool heater class.                      consumer price, standard-level
                                                    Clearinghouse. 15 These data represent                     Issue 14: DOE requests comment on                  consumer price increases, and
                                                    weighted-average taxes that include                     the overall method to determine energy                installation costs. Baseline consumer
                                                    county and city rates. DOE would derive                 use of direct heating equipment and                   prices and standard-level consumer
                                                    shipment-weighted-average tax values                    pool heaters and if other factors should              price increases will be determined by
                                                    for each region considered in the                       be considered in developing the energy                applying markups to manufacturer
                                                    analysis.                                               use or energy use methodology.                        selling price estimates. The installation
                                                      Issue 13: DOE seeks updated data, if                     Issue 15: DOE seeks input on the                   cost is added to the consumer price to
                                                    available, and recommendations                          current distribution of product                       arrive at a total installed cost. DOE
                                                    regarding data sources to establish the                 efficiencies in the market for different              intends to develop installation costs
                                                    markups for the parties involved with                   product types and classes.                            using the most recent RS Means data
                                                    the distribution of covered equipment.                  G. Life-Cycle Cost and Payback Period                 available.
                                                    F. Energy Use Analysis                                  Analysis                                                Issue 17: DOE seeks input on the
                                                                                                              The purpose of the LCC and PBP                      approach and data sources it intends to
                                                       The purpose of the energy use                                                                              use to develop installation costs,
                                                    analysis is to assess the energy                        analysis is to analyze the effects of
                                                                                                            potential amended energy conservation                 specifically, its intention to use the most
                                                    requirements of direct heating                                                                                recent RS Means Mechanical Cost
                                                    equipment and pool heaters described                    standards on consumers of direct
                                                                                                            heating equipment and pool heaters by                 Data. 17
                                                    in the engineering analysis for a
                                                                                                            determining how a potential amended                     The primary inputs for calculating the
                                                    representative sample of households
                                                                                                            standard affects their operating                      operating costs are product energy
                                                    that utilize the product, and to assess
                                                                                                            expenses (usually decreased) and their                consumption, product efficiency, energy
                                                    the energy-savings potential of
                                                                                                            total installed costs (usually increased).            prices and forecasts, maintenance and
                                                    increased product efficiencies. DOE
                                                                                                              DOE intends to analyze the potential                repair costs, product lifetime, and
                                                    uses the annual energy consumption
                                                                                                            for variability by performing the LCC                 discount rates. Both product lifetime
                                                    and energy-savings potential in the LCC
                                                                                                            and PBP calculations on a                             and discount rates are used to calculate
                                                    and PBP analysis to establish the
                                                                                                            representative sample of individual                   the present value of future operating
                                                    operating costs savings at various
                                                                                                            households. DOE plans to utilize the                  expenses.
                                                    product efficiency levels. DOE will
                                                                                                            sample of households developed for the                  The product energy consumption is
                                                    estimate the annual energy consumption
                                                                                                            energy use analysis and the                           the site energy use associated with
                                                    of direct heating equipment at specified
                                                                                                            corresponding simulations results.                    providing space heating to the room of
                                                    energy efficiency levels across a range of
                                                                                                            Within a given household, one or more                 a building (DHE) or water heating to a
                                                    applications, household types, and
                                                                                                            direct heating equipment units may                    pool or spa (pool heaters). DOE intends
                                                    climate zones. The annual energy
                                                                                                            serve the building’s space heating                    to utilize the energy use calculation
                                                    consumption includes use of natural
                                                                                                            needs, depending on the space heating                 methodology described in Section II.F to
                                                    gas, liquefied petroleum gas (LPG), and
                                                                                                            requirements of the building. As a                    establish product energy use.
                                                    electricity.
                                                                                                            result, the Department intends to                       DOE will identify an approach to
                                                       DOE intends to base the energy use
                                                                                                            express the LCC and PBP results for                   account for the gas, liquefied petroleum
                                                    analysis on household characteristics
                                                                                                            each of the individual direct heating                 gas (LPG) and electricity prices paid by
                                                    from the Energy Information
                                                                                                            equipment units installed in the                      consumers for the purposes of
                                                    Administration’s (EIA) 2009 Residential
                                                                                                            building. DOE plans to model variability              calculating operating costs, savings, net
                                                    Energy Consumption Survey (RECS) 16
                                                                                                            in many of the inputs to the LCC and                  present value, and payback period. DOE
                                                    for the households in RECS that use
                                                                                                            PBP analysis using Monte Carlo                        intends to consider determining gas,
                                                    direct heating equipment and pool
                                                                                                            simulation and probability                            LPG, and electricity prices based on
                                                    heaters covered by this standard. In
                                                                                                            distributions. As a result, the LCC and               geographically available fuel cost data
                                                    addition, DOE may supplement the use
                                                                                                            PBP results will be displayed as                      such as state level data, with
                                                    of RECS with less detailed but more
                                                                                                            distributions of impacts compared to the              consideration for the variation in energy
                                                    recent data sources, such as the
                                                                                                            base case (without amended standards)                 costs paid by different building types.
                                                    American Housing Survey.
                                                                                                            conditions. DOE also intends to utilize               This approach calculates energy
                                                      The RECS survey data include
                                                                                                            the sample of households developed for                expenses based on actual energy prices
                                                    information on the physical
                                                                                                            energy use analysis of pool heaters. DOE              that customers are paying in different
                                                    characteristics of homes, space heating
                                                                                                            plans to model variability in many of                 geographical areas of the country. As a
                                                    equipment used, fuels used, energy
                                                                                                            the inputs to the pool heater LCC and                 potential additional source, DOE may
                                                    consumption and expenditures, and
                                                                                                            PBP analysis using Monte Carlo                        consider data to compare provided in
                                                    other building characteristics. RECS
                                                                                                            simulation and probability                            EIA’s Form 826 data 18 to calculate
                                                    data also reports energy consumption
                                                                                                            distributions.                                        commercial electricity prices, EIA’s
                                                                                                              Issue 16: DOE requests comment on
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                                                    Housing Operative Builders Resi, 2007. <http://
                                                    www.census.gov/econ/>                                   the overall method that it intends on                   17 RS Means. 2014 Mechanical Cost Data.
                                                      15 Sales Tax Clearinghouse Inc., State Sales Tax      using to conduct the LCC and PBP                      (Available at: http://
                                                    Rates Along with Combined Average City and              analysis for direct heating equipment                 rsmeans.reedconstructiondata.com/60023.aspx)
                                                    County Rates, 2010. <http://thestc.com/                 and pool heaters.                                     (Last accessed April 10, 2014).
                                                    STrates.stm>                                              Inputs to the LCC and PBP analysis                    18 Energy Information Administration (EIA),
                                                      16 Energy Information Administration (EIA). 2009                                                            Survey form EIA–826—Monthly Electric Utility
                                                    Residential Energy Consumption Survey (RECS).
                                                                                                            are categorized as: (1) inputs for                    Sales and Revenue Report with State
                                                    (Available at: http://www.eia.gov/consumption/          establishing the purchase expense,                    Distributions—(Available at: http://www.eia.gov/
                                                    residential/) (Last accessed April 10, 2013).           otherwise known as the total installed                electricity/data/eia826/index.html)



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                                                    15928                  Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules

                                                    Natural Gas Navigator 19 to calculate                   Based on these data, DOE plans to                      fully materialize. However, at this time,
                                                    commercial natural gas prices, and                      determine the average lifetimes for each               DOE is not aware of any information
                                                    EIA’s State Energy Data Systems                         DHE and pool heater product class as                   about the rebound effect for these
                                                    (SEDS) 20 to calculate liquefied                        the primary inputs for developing a                    product types.
                                                    petroleum gas (LPG) prices. Future                      Weibull probability distribution to                      Issue 23: DOE requests data on
                                                    energy prices will likely be projected                  characterize DHE and pool heater                       current efficiency market shares (of
                                                    using trends from EIA’s most recently                   lifetimes.                                             shipments) by product class for DHE
                                                    published Annual Energy Outlook                            Issue 21: DOE seeks comment on its                  and pool heaters, and also input on
                                                    (AEO). 21                                               approach of using a Weibull probability                similar historic data. DOE also requests
                                                       Issue 18: DOE seeks comment and                      distribution to characterize product                   comment on market segmentation based
                                                    sources on its approach for developing                  lifetimes. DOE also requests DHE and                   on capacity, application and fuel type,
                                                    gas, LPG, and electricity prices.                       pool heater product lifetime data and                  as well as trends in fuel switching.
                                                       Maintenance costs are expenses                       information on whether product lifetime                  Issue 24: DOE also requests
                                                    associated with ensuring continued                      varies based on product characteristics,               information on expected future trends
                                                    operation of the covered products over                  fuel type, product application, or                     in efficiency for DHE product classes
                                                    time. DOE intends to develop                            efficiency level considerations.                       and for all pool heater types, including
                                                    maintenance costs for its analysis using                   Issue 22: DOE seeks data, information,              the relative market share of condensing
                                                    the most recent RS Means data                           and comment on the product lifetimes                   versus non-condensing products in the
                                                    available. 22 DOE plans also to consider                of electric resistance and electric heat               market in the absence of new efficiency
                                                    the cases when the equipment is                         pump pool heaters.                                     standards.
                                                    covered by service and/or maintenance                      The discount rate is the rate at which                Issue 25: DOE seeks comments and
                                                    agreements.                                             future expenditures are discounted to                  data on any rebound effect that may be
                                                       Issue 19: DOE seeks input on the                     establish their present value. DOE                     associated with more efficient DHE and
                                                    approach and data sources it intends to                 intends to derive the discount rates by                pool heaters.
                                                    use to develop maintenance costs for                    estimating the finance cost to consumers
                                                    DHE and pool heaters, specifically, its                 direct heating equipment and pool                      H. Shipment Analysis
                                                    intention to use the most recent RS                     heaters. For replacement purchasers, the                  DOE uses shipment projections by
                                                    Means Facilities Maintenance & Repair                   estimated cost of financing of this                    product class to calculate the national
                                                    Cost Data, as well as to consider the cost              equipment is estimated from a portfolio                impacts of standards on energy
                                                    of service and/or maintenance                           of consumer debts. For new                             consumption, net present value (NPV)
                                                    agreements.                                             construction purchases, financing costs                of customer benefits, and future
                                                       Repair costs are expenses associated                 are related to mortgage interest rates.                manufacturer cash flows.
                                                    with repairing or replacing components                     DOE’s analysis includes measures of                    DOE intends to develop a shipments
                                                    of the covered products that have failed.               LCC and PBP impacts of potential                       models for DHE and gas-fired pool
                                                    DOE intends to assess whether repair                    standard levels relative to a base case,               heaters based on historical shipments
                                                    costs vary with product efficiency as                   which reflects the likely market in the                data obtained during the rulemaking
                                                    part of its analysis. Likewise, DOE                     absence of amended standards. DOE                      process. DOE currently does not have
                                                    intends to assess whether maintenance                   plans to develop market-share efficiency               any historical shipments information for
                                                    costs vary with product efficiency as                   data (i.e., the distribution of product                electric resistance or electric heat pump
                                                    part of its analysis.                                   shipments by efficiency) for the product               pool heaters. DOE will also examine
                                                       Issue 20: DOE seeks comment as to                    classes DOE is considering, for the year               unit shipments and value of shipments
                                                    whether repair costs vary as a function                 in which compliance with any amended                   for direct heating equipment, and pool
                                                    of product efficiency for either DHE or                 standards would be required.                           heaters using publicly available data
                                                    pool heaters. DOE also requests any data                   DOE also plans to assess the
                                                                                                                                                                   from the U.S. Census Bureau’s Annual
                                                    or information on developing repair                     applicability of the ‘‘rebound effect’’ in
                                                                                                                                                                   Survey of Manufacturers (ASM) and
                                                    costs for these products.                               the energy consumption for DHE and for
                                                                                                                                                                   Current Industrial Reports (CIR), and the
                                                       Product lifetime is the age at which a               pool heaters. A rebound effect occurs
                                                                                                                                                                   American Society of Heating,
                                                    unit of covered equipment is retired                    when a product that is made more
                                                                                                                                                                   Refrigerating, and Air-Conditioning
                                                    from service. The average equipment                     efficient is used more intensively, so
                                                                                                                                                                   Engineers (ASHRAE) and Air-
                                                    lifetimes for DHE and gas-fired pool                    that the expected energy savings from
                                                                                                                                                                   Conditioning, Heating, and Refrigeration
                                                    heaters are estimated by various sources                the efficiency improvement may not
                                                                                                                                                                   Institute (AHRI).
                                                    to be between 3 and 20 years based on                                                                             Issue 26: DOE seeks historical
                                                    application and equipment type.23                       Kitchen Ranges and Ovens, Pool Heaters,
                                                                                                                                                                   shipments data for DHE and pool
                                                                                                            Fluorescent Lamp Ballasts & Television Sets, 1993.
                                                      19 Energy Information Administration (EIA),           Washington, DC Vol. 1 of 3. Report No. DOE/EE–         heaters, particularly for electric
                                                    Natural Gas Navigator. (Available at: http://
                                                                                                            0009. National Renewable Energy Laboratory             resistance and electric heat pump pool
                                                                                                            (NREL). U.S. Department of Energy Commercial           heaters.
                                                    tonto.eia.doe.gov/dnav/ng/ng_pri_sum_dcu_nus_
                                                                                                            Reference Building Models of the National Building
                                                    m.htm).
                                                                                                            Stock. February 2011. Pg. 38. (Available at: http://      Issue 27: DOE seeks data, information,
                                                      20 Energy Information Administration (EIA), State
                                                                                                            www.nrel.gov/docs/fy11osti/46861.pdf); Empire          and comment on expected future trends
                                                    Energy Data System (SEDS). (Available at: http://
                                                    www.eia.gov/state/seds/).
                                                                                                            Comfort System, Surround Yourself With Comfort,        for shipments of all product classes of
                                                                                                            2006. (Available at: http://dev.obatadesign.com/       DHE and all types of pool heaters,
                                                      21 Energy Information Administration (EIA).
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                                                                                                            clients/Empire/faq/faq.asp); U.S. Department of
                                                    Annual Energy Outlook (AEO) Full Version.               Energy: Energy Efficiency and Renewable Energy,        including the relative share of sales to
                                                    (Available at: http://www.eia.gov/forecasts/aeo/).      Gas Swimming Pool Heaters, 2005; Illinois Propane      new construction vs. existing
                                                      22 RS Means. 2013 Facilities Maintenance &
                                                                                                            Gas Association, Swimming, 2006 (Available at:         households.
                                                    Repair Cost Data. (Available at: http://                http://www.ilpga.org/homebuilder_swimming.cfm);
                                                    rsmeans.reedconstructiondata.com/60303.aspx).
                                                                                                                                                                      DOE intends to utilize the U.S.
                                                                                                            Pool Quest, Heating-Frequently Asked Questions,
                                                      23 See S. Department of Energy-Office of Codes        2005.) (Available at: http://www.poolquest.com/        Census Bureau data 24 to establish
                                                    and Standards, Technical Support Document:              heaters.aspx). The Spa Specialist Inc., Spa Buyer’s
                                                    Energy Efficiency Standards for Consumer                Questions and Answers, 2006. (Available at: http://      24 U.S. Census Bureau. Statistical Abstract of the

                                                    Products: Room Air Conditioners, Water Heaters,         www.spaspecialist.com/qa.html); and Hamos, R.,         United States: 2011, Table No 933—Construction
                                                    Direct Heating Equipment, Mobile Home Furnaces,         Consultant Report—Pool Heaters, 2009.                  Contracts-Value of Construction and Floor Space of



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                                                                            Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules                                                  15929

                                                    historical new construction floor space,                and future market share of equipment                  standards on direct employment and
                                                    as well as historical stock floor space.                with step changes in efficiency, such as              manufacturing capacity. The MIA
                                                    The Annual Energy Outlook will be                       gas-fired vented home heaters that use                includes both quantitative and
                                                    used to forecast both new construction                  condensing technology and electric heat               qualitative aspects. The quantitative
                                                    and stock floor space. Using these and                  pump pool heaters, as compared to less                part of the MIA primarily relies on the
                                                    historical equipment saturation data                    efficient products, such as non-                      Government Regulatory Impact Model
                                                    from RECS, DOE will estimate                            condensing gas-fired DHE and electric                 (GRIM), an industry cash-flow model
                                                    shipments to the three market segments                  resistance pool heaters, respectively, for            used to estimate a range of potential
                                                    identified above.                                       each product class.                                   impacts on manufacturer profitability.
                                                       Issue 28: DOE seeks input on the                        For the various standards cases, to
                                                                                                                                                                  The qualitative part of the MIA
                                                    approach and data sources it intends to                 estimate the impact that amended
                                                    use in developing the shipments model                   energy conservation standards may have                addresses a proposed standard’s
                                                    and shipments forecasts for this                        in the year compliance becomes                        potential impacts on manufacturing
                                                    analysis, including main drivers and                    required, DOE would likely use a ‘‘roll-              capacity and industry competition, as
                                                    trends toward consumer switching                        up’’ scenario. Under the ‘‘roll-up’’                  well as factors such as product
                                                    between fuel types.                                     scenario, DOE assumes: (1) Product                    characteristics, impacts on particular
                                                                                                            efficiencies in the base case that do not             subgroups of firms, and important
                                                    I. National Impact Analysis                                                                                   market and product trends.
                                                                                                            meet the new or amended standard level
                                                       The purpose of the national impact                   under consideration would ‘‘roll up’’ to                As part of the MIA, DOE also analyzes
                                                    analysis (NIA) is to estimate aggregate                 meet that standard level; and (2)                     impacts of potential energy conservation
                                                    impacts of potential energy conservation                product shipments at efficiencies above               standards on small business
                                                    standards at the national level. Impacts                the standard level under consideration                manufacturers of covered products. DOE
                                                    that DOE reports include the national                   would not be affected. After DOE
                                                    energy savings (NES) from potential                                                                           uses the Small Business
                                                                                                            establishes the efficiency distribution
                                                    standards and the net present value                                                                           Administration’s (SBA) small business
                                                                                                            for the assumed compliance date of a
                                                    (NPV) of the total customer benefits.                                                                         size standards to determine whether
                                                                                                            standard, it may consider future
                                                       To develop the NES, DOE calculates                   projected efficiency growth using                     manufacturers qualify as small
                                                    annual energy consumption for the base                  available trend data.                                 businesses. The size standards are listed
                                                    case and the standards cases. DOE                          As described in section II.F, DOE                  by North American Industry
                                                    calculates the annual energy                            intends to determine whether there is a               Classification System (NAICS) code and
                                                    consumption using per-unit annual                       rebound effect associated with more                   industry description. 25 Manufacturing
                                                    energy use data multiplied by projected                 efficient DHE or pool heaters. If data                of direct heating equipment and pool
                                                    shipments.                                              indicate that there is a rebound effect,              heaters is classified under NAICS
                                                       To develop the NPV of customer                       DOE will account for the rebound effect               333414, ‘‘Heating Equipment (except
                                                    benefits from potential energy                          in its calculation of NES.                            Warm Air Furnaces) Manufacturing.’’
                                                    conservation standards, DOE calculates                     DOE has historically presented NES                 The SBA sets a threshold of 500
                                                    annual energy expenditures and annual                   in terms of primary energy savings. On                employees or fewer for an entity to be
                                                    product expenditures for the base case                  August 18, 2011, DOE announced its                    considered as a small business in this
                                                    and the standards cases. DOE calculates                 intention to use full-fuel-cycle (FFC)                category. The 500-employee threshold
                                                    annual energy expenditures from annual                  measures of energy use and greenhouse                 includes all employees in a business’s
                                                    energy consumption by incorporating                     gas and other emissions in the national
                                                    projected energy prices. DOE calculates                                                                       parent company and any other
                                                                                                            impact analyses and emissions analyses                subsidiaries.
                                                    annual product expenditures by                          included in future energy conservation
                                                    multiplying the price per unit times the                standards rulemakings. 76 FR 51282.                     DOE has initially identified four
                                                    projected shipments. The difference                     While DOE stated in that notice that it               manufacturers of direct heating
                                                    each year between energy bill savings,                  intended to use the Greenhouse Gases,                 equipment and 16 manufacturers of
                                                    increased maintenance and repair costs,                 Regulated Emissions, and Energy Use in                pool heaters. The table below lists all
                                                    and increased product expenditures is                   Transportation (GREET) model to                       identified manufacturers. Domestic
                                                    the net savings or net costs.                           conduct the analysis, it also said it                 small businesses are designated with an
                                                       A key component of DOE’s estimates                   would review alternative methods,                     asterisk.
                                                    of NES and NPV are the product energy                   including the use of NEMS. After
                                                    efficiencies forecasted over time for the               evaluating both models and the
                                                    base case and for each of the standards                 approaches discussed in the August 18,
                                                    cases. For the base case trend, DOE will                2011 notice, DOE determined NEMS is
                                                    consider whether historical data show                   a more appropriate tool for this purpose.
                                                    any trend and whether any trend can be                  77 FR 49701 (Aug. 17, 2012). Therefore,
                                                    reasonably extrapolated beyond current                  DOE is using NEMS to conduct FFC
                                                    efficiency levels. In particular, DOE is                analyses. The method used to derive the
                                                    interested in historical and future                     FFC multipliers will be described in the
                                                    shipments of products with step                         TSD.
                                                    changes in efficiency, such as
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                                                    condensing gas-fired DHE or heat pump                   J. Manufacturer Impact Analysis
                                                    pool heaters.                                              The purpose of the manufacturer
                                                       Issue 29: DOE requests comment and                   impact analysis (MIA) is to estimate the
                                                    any available data on historical, current,              financial impacts of potential energy
                                                                                                            conservation standards on
                                                    Buildings by Class of Construction. (Available at:
                                                    https://www.census.gov/compendia/statab/2011/
                                                                                                            manufacturers of direct heating                         25 Available at: http://www.sba.gov/idc/groups/

                                                    cats/construction_housing/construction_indices_         equipment and pool heaters, and to                    public/documents/sba_homepage/serv_sstd_
                                                    and_value.html)                                         evaluate the potential impact of such                 tablepdf.pdf



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                                                    15930                  Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules

                                                        Direct heating                                      documents in the docket are listed in                 ‘‘Guidance for Conducting Technical
                                                                                     Pool heater
                                                         equipment                  manufacturers           the www.regulations.gov index.                        Analyses for 10 CFR part 61.’’ The NRC
                                                        manufacturers                                       However, not all documents listed in                  is proposing to amend its regulations
                                                                                                            the index may be publicly available,                  that govern low-level radioactive waste
                                                    • Empire Comfort           • AquaCal Autopilot,
                                                      Systems*                   Inc.*
                                                                                                            such as information that is exempt from               (LLRW) disposal facilities to require
                                                    • Louisville Tin and       • AquaComfort Tech-          public disclosure.                                    new and revised site-specific technical
                                                      Stove Co.*                 nologies.*                    A link to the docket Web page can be               analyses, to permit the development of
                                                    • Rinnai                   • AquaPro Systems.*          found at: http://www.regulations.gov/                 site-specific criteria for LLRW
                                                    • Williams Furnace         • Built Right Pool           #!docketDetail;D=EERE-2015-BT-STD-                    acceptance based on the results of these
                                                      Co.                        Heaters.*                  0003. This Web page contains a link to                analyses, and to facilitate
                                                                               • Coates Heater              the docket for this notice on the                     implementation and better align the
                                                                                 Company, Inc.*             www.regulations.gov Web site. The
                                                                               • EcoSmart US,                                                                     requirements with current health and
                                                                                                            www.regulations.gov Web page contains                 safety standards. The NRC has prepared
                                                                                 LLC.*
                                                                               • G&F Manufac-
                                                                                                            simple instructions on how to access all              draft guidance to address the
                                                                                 turing.*                   documents, including public comments,                 implementation of the proposed
                                                                               • Hayward Industries,        in the docket.                                        regulations. This notice is announcing
                                                                                 Inc.                          For information on how to submit a                 the availability of the draft guidance for
                                                                               • Hydroquip, Inc.*           comment, review other public                          public comment.
                                                                               • Lochinvar LLC.             comments and the docket, or participate
                                                                               • Pentair.                   in the public meeting, contact Ms.                    DATES:  Submit comments by July 24,
                                                                               • Rheem.                     Brenda Edwards at (202) 586–2945 or by                2015. Comments received after this date
                                                                               • Thermeau Indus-            email: Brenda.Edwards@ee.doe.gov.                     will be considered if it is practical to do
                                                                                 tries, Inc. (Cana-
                                                                                 dian).
                                                                                                               DOE considers public participation to              so, but the Commission is able to ensure
                                                                               • Titan Systems (Ca-         be a very important part of the process               consideration only for comments
                                                                                 nadian).                   for developing test procedures. DOE                   received before this date.
                                                                               • United States              actively encourages the participation
                                                                                                            and interaction of the public during the              ADDRESSES:   You may submit comments
                                                                                 ThermoAmp, Inc.*
                                                                               • Zodiac Pool Sys-           comment period in each stage of the                   by any of the following methods (unless
                                                                                 tems Inc.                  rulemaking process. Interactions with                 this document describes a different
                                                                                                            and between members of the public                     method for submitting comments on a
                                                       * Domestic small businesses                                                                                specific subject):
                                                                                                            provide a balanced discussion of the
                                                       Issue 30: DOE requests comment on                    issues and assist DOE in the rulemaking                  • Federal Rulemaking Web site: Go to
                                                    the completeness of the manufacturer                    process. Anyone who wishes to be                      http://www.regulations.gov and search
                                                    list presented, including names of any                  added to the DOE mailing list to receive              for Docket ID NRC–2015–0003. The
                                                    additional manufacturers that may                       future notices and information about                  proposed amendments to the NRC
                                                    belong on this list.                                    this rulemaking should contact Ms.                    LLRW regulations are issued in a
                                                    III. Public Participation                               Brenda Edwards at (202) 586–2945, or                  separate notice, under Docket ID NRC–
                                                       DOE will accept comments, data, and                  via email at Brenda.Edwards@                          2011–0012. Address questions about
                                                    information regarding this RFI and other                ee.doe.gov.                                           NRC dockets to Carol Gallagher;
                                                    matters relevant to DOE’s consideration                   Issued in Washington, DC, on March 17,              telephone: 301–287–3422; email:
                                                    of amended energy conservations                         2015.                                                 Carol.Gallagher@nrc.gov. For technical
                                                    standard for DHE and pool heaters no                    Kathleen B. Hogan,                                    questions, contact the individuals listed
                                                    later than the date provided in the DATES               Deputy Assistant Secretary for Energy                 in the FOR FURTHER INFORMATION
                                                    section at the beginning of this RFI.                   Efficiency, Energy Efficiency and Renewable           CONTACT section of this document.
                                                    Interested parties may submit comments                  Energy.                                                 • Mail comments to: Cindy Bladey,
                                                    using any of the methods described in                   [FR Doc. 2015–06809 Filed 3–25–15; 8:45 am]           Office of Administration, Mail Stop:
                                                    the ADDRESSES section at the beginning                  BILLING CODE 6450–01–P                                3WFN–06–A44M, U.S. Nuclear
                                                    of this RFI. After the close of the                                                                           Regulatory Commission, Washington,
                                                    comment period, DOE will begin                                                                                DC 20555–0001.
                                                    collecting data, conducting the analyses,               NUCLEAR REGULATORY
                                                    and reviewing the public comments.                      COMMISSION                                              For additional direction on obtaining
                                                    These actions will be taken to aid in the                                                                     information and submitting comments,
                                                    development of a NOPR for energy                        10 CFR Part 61                                        see ‘‘Obtaining Information and
                                                    conservation standards for DHE and                                                                            Submitting Comments’’ in the
                                                                                                            [NRC–2015–0003; NRC–2011–0012]
                                                    pool heaters, should DOE decide to                                                                            SUPPLEMENTARY INFORMATION section of
                                                                                                            RIN–3150–AI92                                         this document.
                                                    amend the standards for DHE and pool
                                                    heaters.                                                Guidance for Conducting Technical                     FOR FURTHER INFORMATION CONTACT:
                                                       Instructions: All submissions received               Analyses for Low-Level Radioactive                    Priya Yadav, Office of Nuclear Material
                                                    must include the agency name and                        Waste Disposal                                        Safety and Safeguards, telephone: 301–
                                                    docket number and/or RIN for this
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                                                                                                                                                                  415–6667, email: Priya.Yadav@nrc.gov;
                                                    rulemaking. No telefacsimilies (faxes)                  AGENCY: Nuclear Regulatory                            or Stephen Dembek, Office of Nuclear
                                                    will be accepted.                                       Commission.                                           Material Safety and Safeguards,
                                                       Docket: The docket is available for                  ACTION: Draft NUREG; request for                      telephone: 301–415–2342, email:
                                                    review at www.regulations.gov,                          comment.                                              Stephen.Dembek@nrc.gov; U.S. Nuclear
                                                    including Federal Register notices,
                                                                                                                                                                  Regulatory Commission, Washington,
                                                    public meeting attendees’ lists and                     SUMMARY:The U.S. Nuclear Regulatory
                                                                                                                                                                  DC 20555–0001.
                                                    transcripts, comments, and other                        Commission (NRC) is issuing for public
                                                    supporting documents/materials. All                     comment a draft NUREG, NUREG–2175,                    SUPPLEMENTARY INFORMATION:



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Document Created: 2015-12-18 11:46:42
Document Modified: 2015-12-18 11:46:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for information (RFI).
DatesWritten comments and information are requested on or before April 27, 2015.
ContactRequests for additional information may be sent to Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585- 0121. Telephone: (202) 586-6590. Email: [email protected]
FR Citation80 FR 15922 
RIN Number1904-AD49

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