83 FR 56746 - Energy Conservation Program: Test Procedures for Consumer Warm Air Furnaces, Notice of Petition for Rulemaking

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range		56746-56750
FR Document		2018-24697

On October 12, 2018, the Department of Energy (DOE) received a petition from the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) asking DOE to initiate notice-and-comment rulemaking to develop a new, unified test procedure for residential furnaces which would replace the three currently required performance metrics (i.e., annual fuel utilization efficiency (AFUE), fan efficiency ratio (FER), and standby mode/off mode energy consumption (P<INF>W,SB</INF> and P<INF>W,OFF</INF>)) with a single new metric (AFUE2). As the petition acknowledges, a combined metric would necessitate a translation of the existing energy conservation standards applicable to residential furnaces using an appropriate crosswalk. Through this announcement, DOE seeks comment on the petition, as well as any data or information that could be used in DOE's determination whether to proceed with the petition.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56746-56750]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-24697]

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DEPARTMENT OF ENERGY

10 CFR Part 430

Energy Conservation Program: Test Procedures for Consumer Warm
Air Furnaces, Notice of Petition for Rulemaking

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

ACTION: Notice of petition for rulemaking; request for comment.

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SUMMARY: On October 12, 2018, the Department of Energy (DOE) received a
petition from the Air-Conditioning, Heating, and Refrigeration
Institute (AHRI) asking DOE to initiate notice-and-comment rulemaking
to develop a new, unified test procedure for residential furnaces which
would replace the three currently required performance metrics (i.e.,
annual fuel utilization efficiency (AFUE), fan efficiency ratio (FER),
and standby mode/off mode energy consumption (PW,SB and
PW,OFF)) with a single new metric (AFUE2). As the petition
acknowledges, a combined metric would necessitate a translation of the
existing energy conservation standards applicable to residential
furnaces using an appropriate crosswalk. Through this announcement, DOE
seeks comment on the petition, as well as any data or information that
could be used in DOE's determination whether to proceed with the
petition.

DATES: Written comments and information are requested on or before
January 14, 2019.

ADDRESSES: Interested persons are encouraged to submit comments,
identified by ``Test Procedure for Consumer Warm Air Furnaces
Petition,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Email: ResFurnPet2018PET0017@ee.doe.gov. Include Docket No. EERE-
2018-BT-PET-0017 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
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: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
Docket: For access to the docket to read background documents, or
comments received, go to the Federal eRulemaking Portal at: http://www.regulations.gov/docket?D=EERE-2018-BT-PET-0017.

FOR FURTHER INFORMATION CONTACT: Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel, 1000 Independence Avenue SW,
Washington, DC 20585. Telephone: (202) 586-9507. Email:
Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION: The Administrative Procedure Act (APA), 5
U.S.C. 551 et seq., provides among other things, that ``[e]ach agency
shall give an interested person the right to petition for the issuance,
amendment, or repeal of a rule.'' (5 U.S.C. 553(e)) DOE received a
petition from AHRI, as described in this notice and set forth verbatim
below,\1\ requesting that DOE

[[Page 56747]]

develop a new test procedure for residential furnaces with a combined
metric (annual fuel utilization efficiency 2 (AFUE2)), which would
encompass the three existing metrics currently required (i.e., AFUE,
FER, and PW,SB/PW,OFF). In promulgating this
petition for public comment, DOE is seeking views on whether it should
grant the petition and undertake a rulemaking to consider the proposal
contained in the petition. By seeking comment on whether to grant this
petition, DOE takes no position at this time regarding the merits of
the suggested rulemaking or the assertions in AHRI's petition.
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\1\ Attachments and data submitted by AHRI with its petition for
rulemaking are available in the docket at http://www.regulations.gov/docket?D=EERE-2018-BT-PET-0017.
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In its petition, AHRI requests that DOE undertake notice-and-
comment rulemaking to develop a new test procedure for residential warm
air furnaces that would consolidate all aspects of the regulation of
such furnaces using a single metric (AFUE2) and yield a unified
timeline for rulemaking and compliance. Currently, residential furnaces
are subject to separate requirements for heating (AFUE), air
circulation (FER), and standby mode and off mode energy consumptions
(power in watts for standby mode and off mode (PW,SB and
PW,OFF)). The petitioner asserts that its recommended single
metric would reduce regulatory burden on manufacturers by streamlining
test requirements and aligning regulatory review schedules, thereby
promoting design flexibility and product innovation. The petitioner
further asserts that consumers would also benefit by having a single,
combined metric for product comparison purposes and by receiving some
portion of anticipated cost savings, all of which could be achieved
without sacrificing energy savings. As the petition acknowledges, a
combined metric would necessitate a translation of the existing energy
conservation standards applicable to residential furnaces using an
appropriate crosswalk.
DOE welcomes comments and views of interested parties on any aspect
of the petition for rulemaking.
In conjunction with its petition, AHRI requested that DOE not
enforce the reporting, certification and compliance obligations related
to the furnace fan energy conservation standards (for which compliance
is required on July 3, 2019) pending consideration of this petition for
rulemaking.\2\ In response to AHRI's request, DOE is issuing an
enforcement policy regarding enforcement of the furnace fan standards.
Further details will be provided on the DOE website.\3\
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\2\ AHRI's request is available in the docket at http://www.regulations.gov/docket?D=EERE-2018-BT-PET-0017.
\3\ See http://www.energy.gov/gc/enforcement/.
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Submission of Comments

DOE invites all interested parties to submit in writing by January
14, 2019 comments and information regarding this petition.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov webpage will require you to provide your name and
contact information prior to submitting comments. Your contact
information will be viewable to DOE Building Technologies staff only.
Your contact information will not be publicly viewable except for your
first and last names, organization name (if any), and submitter
representative name (if any). If your comment is not processed properly
because of technical difficulties, DOE will use this information to
contact you. If DOE cannot read your comment due to technical
difficulties and cannot contact you for clarification, DOE may not be
able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
http://www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or postal mail.
Comments and documents via email, hand delivery, or postal mail will
also be posted to http://www.regulations.gov. If you do not want your
personal contact information to be publicly viewable, do not include it
in your comment or any accompanying documents. Instead, provide your
contact information on a cover letter. Include your first and last
names, email address, telephone number, and optional mailing address.
The cover letter will not be publicly viewable as long as it does not
include any comments.
Include contact information in your cover letter each time you
submit comments, data, documents, and other information to DOE. If you
submit via postal mail or hand delivery, please provide all items on a
CD, if feasible, in which case it is not necessary to submit printed
copies. No telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted electronically
should be provided in PDF (preferred), Microsoft Word or Excel,
WordPerfect, or text (ASCII) file format. Provide documents that are
not secured, written in English, and free of any defects or viruses.
Documents should not include any special characters or any form of
encryption, and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: One copy
of the document marked ``Confidential'' including all the information
believed to be confidential, and one copy of the document marked ``Non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.

[[Page 56748]]

Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
its process for considering rulemaking petitions. DOE actively
encourages the participation and interaction of the public during the
comment period. Interactions with and between members of the public
provide a balanced discussion of the issues and assist DOE in
determining how to proceed with a petition. Anyone who wishes to be
added to DOE mailing list to receive future notices and information
about this petition should contact Appliance and Equipment Standards
Program staff at (202) 287-1445 or via email at
ApplianceStandardsQuestions@ee.doe.gov.

Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this notice of
petition for rulemaking.

Signed in Washington, DC, on November 2, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.

Before the

UNITED STATES DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Energy Conservation Program:
Test Procedures for Consumer Warm Air Furnaces

PETITION FOR A RULEMAKING

The Air-Conditioning, Heating, and Refrigeration Institute
(AHRI) submits this Petition for a Rulemaking to formally request
that the Department of Energy (DOE or the Department) promulgate a
new test procedure for residential furnaces pursuant to its
authority under the Energy Policy and Conservation Act (EPCA), 42
U.S.C. Sec. 6293. Currently, three separate Federal test procedures
measure three different performance characteristics of consumer
warm-air furnaces: fuel efficiency (AFUE), air-movement efficiency
(FER), and stand-by/off-mode energy consumption. AHRI petitions DOE
to establish a new test procedure that will designate a single
efficiency metric for the entire product and replace the existing
test procedures for all three performance characteristics. A whole-
product test procedure and single performance metric will reduce
regulatory burden and increase opportunity for innovation.

AHRI Petitions DOE to Conduct a Notice-and-Comment Rulemaking to Adopt
the AFUE2 Test Procedure and Metric for Residential Furnaces

AHRI is the trade association representing air conditioning,
heating, commercial refrigeration, and ventilation equipment
manufacturers. AHRI advocates for the HVACR industry, administers a
third-party certification program that verifies the performance of
HVACR equipment, and publishes global industry standards. Many of
AHRI's 315 members design, develop, and manufacture residential
furnaces. Any AHRI member that manufactures a furnace for sale in
the United States or Canada is eligible to participate in AHRI's
Furnace Product Section. The Furnace Engineering Committee is a
subcommittee of the Furnace Product Section and is comprised of
furnace product engineers with decades of experience. Over a year
ago, the Furnace Engineering Committee identified challenges with
the existing residential furnace Federal test procedures and has
dedicated its time and resources to developing a more functional and
facile test procedure. The goal of the new test procedure is to
combine the three existing furnace test procedures into a single
test using a single metric: AFUE2.\4\
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\4\ During previous discussions with DOE about unrelated
performance metric changes, DOE staff indicated that the name of a
metric is mandated by statute, and therefore any metric change must
retain the codified nomenclature. If upon further review, DOE
determines that the nomenclature, like the test procedure, is
mutable, then AHRI encourages DOE to adopt a fitting identifier for
the metric. AHRI is not bound to ``AFUE2.''
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I. Description of the Test Method and Metric

The AFUE2 test procedure is based upon the methods established
by the ASHRAE 103-2017 AFUE test procedure; \5\ the Federal FER test
procedure (10 CFR Sec. 430 Appx AA); and the Federal stand-by loss/
off-mode test procedure (10 CFR Sec. 430 Appx N). The AFUE2 metric
accounts for furnace fuel, fan power, and stand-by and off-mode
power consumption. The measured value represents the sum of usable
heat and fan benefit, divided by the total fuel and electricity
consumed. A draft of the test procedure is attached.\6\ For the
benefit of the Department and the public, a description of the
notable features of the test procedure and metric are provided
below.
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\5\ AFUE2 fuel efficiency measures are based primarily on ASHRAE
103-2017. DOE has codified ASHRAE 103-1993 in 10 CFR Sec. 430 Appx
N. The relevant portions of the ASHRAE 103-2017 that are referenced
in the AFUE2 test procedure are similar to the equivalent provisions
in ASHRAE 103-1993/10 CFR 430 Appendix N. Other provisions, related
to cyclic testing, are only applicable to products with draft hoods
and draft diverter technologies.
\6\ Exhibit 1 AFUE2 Draft Test Procedure.
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The first step in the process is to measure the fuel
consumption. The furnace is set up and measurements are taken in
accordance with the most current industry test standard, ASHRAE 103-
2017.\7\ The AFUE2 test procedure differs most significantly from
the ASHRAE 103-2017 test procedure by including only steady-state
testing and excluding cyclic testing for fuel and oil furnace models
currently available in the U.S. market.\8\ Cyclic testing is time
consuming and requires the execution of complex calculations, and
the value of the cyclic testing is limited at best. AHRI's data
indicates that for the vast majority of modern products, the steady-
state efficiency accurately represents the AFUE efficiency, and
cyclic testing and calculations are unnecessary. Based on an
analysis of over 100 models, only a handful demonstrated greater
than a 1% difference between measured AFUE and steady-state
efficiencies (less jacket loss).\9\ The average difference between
actual AFUE and steady-state efficiencies is close to zero. The
elimination of cyclic testing for currently compliant products is
warranted and reduces testing burden without sacrificing accuracy.
Notably, to close any loopholes that might permit technology
backsliding, the test procedure specifies that products that
incorporate draft hoods and draft diverter technologies must
complete the cyclic testing procedures published in ASHRAE 103-2017.
AHRI is not aware of any furnaces on the market today that
incorporate these technologies.
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\7\ Per Note 2, DOE regulations currently refer to the ASHRAE
103-1993, but the test set-up is the same with some clarifications.
\8\ These are models with power burners as defined by the DOE
test procedures.
\9\ Exhibit 2: Calculations reflecting steady-state efficiency
and measured AFUE efficiency.
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After the fuel consumption is measured, the next step in the
procedure is to turn off the equipment and measure the electrical
consumption of the furnace when not in heating mode. The procedure
for measuring and calculating stand-by and off-mode energy use is
identical to the Federal method.
Finally, the ventilation energy consumption is measured. The
AFUE2 test method for measuring and calculating ventilation energy
consumption is based on the FER test procedure, with some
significant changes. First, the AFUE2 test procedure describes set-
up and settings for the ventilation test in greater detail than the
FER test procedure. For example, the AFUE2 test procedure
specifically identifies the location of the external static pressure
taps. These set-up descriptions are intended to reduce test-to-test
variability.
The AFUE2 test procedure also clarifies the hierarchy of speed
taps settings for the

[[Page 56749]]

various modes of ventilation testing. The FER procedure directs
manufacturers to test using the ``maximum airflow settings,'' but
this description is ambiguous and can lead to absurd results
depending on its interpretation. The AFUE2 test procedure specifies
that the airflow be set according to the installation and operations
manual, and the test procedure prescribes which airflow setting
should be selected if there is overlap between operating modes. If
the manual identifies the maximum airflow during the heating mode,
and the second highest airflow during cooling mode, then the speed
taps should be set accordingly: first heating, then cooling. If the
heating and cooling mode airflows are the same, then the cooling
mode speed tap is set first, which reflects how the furnace would
operate in the field.
Finally, manufacturers have been challenged with the
repeatability of the FER test. Testing has demonstrated more than a
5% difference among tests on the same unit. The poor repeatability
of the FER measurements is resolved in AFUE2 due to the relatively
small proportion of the electrical consumption. The AFUE fuel
efficiency test is well established and repeatable, so overall AFUE2
will be much more repeatable than FER.

II. The AFUE2 Metric Prevents Double Regulation

AFUE2 efficiency is the sum of the fan benefit and usable heat,
divided by electric and fuel consumption, all weighted by operating
hours. The calculations for AFUE2 and FER are based on different
operating hours. The hours differ in two meaningful ways: (1) The
cooling hours are derived directly from AHRI Standard 210/240, which
is incorporated by reference into the Federal standard for central
air conditioners; and (2) package equipment is ascribed zero fan
operating hours in the cooling mode. The AFUE2 test procedure relies
on cooling mode operating hours from AHRI Standard 210/240 based on
the simple logic that air conditioners conduct the cooling during
furnace-ventilation cooling mode and air conditioner operating hours
are already defined in AHRI 210/240. Harmonizing the two standards
is preferable and logical, and assigning different operating hours
in two different regulations for what is essentially the same
product is arbitrary. Packaged equipment is assigned zero operating
hours because the ventilation electricity consumption is already
directly regulated by DOE's air conditioning standard. DOE is
strictly prohibited from regulating the same product twice. Two
separate regulations (SEER and FER) imposed on the same component of
a single type of equipment is contrary to DOE's statutory authority.
Eliminating operating hours for packaged equipment permits the
furnace to be measured by AFUE2 without double-regulating the
ventilation energy use.
Aside from the above distinctions, most of the methods and
measurements from the currently applicable test procedures and
metrics are reflected in the AFUE2 test procedure and metric. The
ultimate goal of combining the AFUE, FER, and stand-by/off-mode test
procedures is to streamline the testing requirements, align
regulatory review schedules, and reduce regulatory burden.

III. Establishing the AFUE2 as the Federal Test Procedure and Metric Is
in the Public Interest

A. A Combined Test Procedure and Metric Reduces Burden

The AFUE2 test procedure and metric will decrease the regulatory
burden. At least six different regulations apply to consumer furnace
efficiency: (1) AFUE test procedure (2) AFUE energy conservation
standard (3) FER test procedure (4) FER energy conservation standard
(5) stand-by loss/off-mode test procedure (6) stand-by loss/off-mode
energy conservation standard. Each of these regulations is subject
to mandatory review--every six years for energy conservation
standards and every seven years for test procedures. Each of the six
applicable regulations follows a different schedule, which places
the equipment manufacturers, distributors, contractors and DOE in a
constant state of change and adjustment. The AFUE test procedure was
most recently finalized in 2016. DOE is required to review it again
by 2023. The FER test procedure was finalized in 2014; it will be
reviewed by 2021. The stand-by loss test procedure was finalized in
2013; it will be reviewed by 2020. Stand-by and off-mode test
procedures were amended in 2012 and are due for review in 2019.
Energy conservation standards for stand-by and FER were published in
2013 and 2014, respectively, while the AFUE standard has been under
review since 2011. Industry expects that energy conservation
standards will be reviewed again in 2019 and 2020. The Department is
perennially reviewing and amending furnace regulations, while
manufacturers pour time and resources into public comments, testing,
redesign, and ever-shifting compliance requirements. The total
reduction in regulatory burden resulting from implementation of
AFUE2 will save manufacturers more than $250 million over thirty
years.\10\
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\10\ Exhibit 3, ``Estimated Benefits of AFUE2''
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If DOE adopts the AFUE2 test procedure that assesses all three
performance characteristics simultaneously, then the Department
would only have to conduct a test procedure rulemaking process once
every seven years. Similarly, combining the performance measurements
into a single metric will obviate the need for three separate energy
conservation standards, and DOE will only have to review energy
conservation standards once every six years.
Resource savings to the Department are relevant, but pale in
comparison to the significant savings afforded manufacturers, and
consequently consumers, if DOE were to combine the test metric and
eliminate four of six rulemaking review cycles. Multiple discordant
regulatory requirements generate unnecessary costs. For example,
manufacturers must run an FER test, and a separate AFUE test, and
stand-by loss testing. The incremental costs of the equipment, the
set-up, mounting on the test stand, the laboratory time, and
technician costs can be drastically reduced by conducting one test
instead of three. The alignment of review cycles and redesign cycles
further reduces repetitive testing required for design development
and safety certifications. The AFUE2 test procedure mimics many of
the existing test methods, but the merging of the instances of
active testing cuts superfluous costs.\11\
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\11\ Id.
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Every time DOE makes an amendment to any of the applicable
regulations, manufacturers must redesign equipment, make capital
investments to update manufacturing facilities, republish all
marketing literature, and educate distributors, contractors, and
consumers about the change. Merging six rulemaking cycles into two
dramatically reduces the compliance burden associated with
regulatory changes because changes will occur two-thirds less
frequently. Manufacturers can pass on significant savings to
consumers by making all required changes to their furnaces within a
single design-cycle rather than spending resources on unnecessary
tooling, design, testing, production introduction, training and
other related costs.\12\ Less frequent regulatory changes offer
greater certainty to manufacturers, which promotes investment in
innovation and product improvements.
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\12\ Id.
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Crucially, reduced costs for manufacturers and consumers does
not translate to lost energy savings. Fewer regulatory review cycles
does not mean regulatory roll-back or less oversight. AHRI is
confident that DOE will take no less interest in the
representativeness and effectiveness of the applicable test
procedure as a result of this change. And each energy conservation
standard review remains targeted at achieving the ``maximum energy
savings'' that are economically justified. Ultimately, DOE will be
able to look at the furnace as a whole and make necessary
adjustments to testing and energy conservation during a single
rulemaking review instead of executing its mandate piecemeal.

B. The AFUE2 Test Procedure and Metric Will Increase Innovation

As discussed above, the AFUE2 test metric combines three
performance characteristics into a single measure. The current
approach fragments furnace efficiency into three separate minimum
requirements: stand-by/off mode, ventilation, and fuel efficiency.
The practice of setting minimums for discrete characteristics of a
single product is overly prescriptive; this approach drives product
development in only one direction. Component level regulation
restricts design choices between manufacturers. AFUE2 gives
manufacturers more design flexibility on how they achieve overall
energy savings. The AFUE2 test method and metric requires
manufacturers to account for all three performance characteristics,
but it promotes innovation by allowing for internal efficiency
trade-offs at the product level. Product designers must be given
license to develop better ways to save fuel and electricity while
improving the quality and performance of the equipment. A combined
metric saves energy

[[Page 56750]]

without prescribing multiple engineering requirements.

C. The Combined Metric Is Easier for Consumers To Use and
Understand

AFUE2 is easier for consumers to understand. It is difficult for
the average consumer to distinguish between the fuel efficiency of a
furnace, the electric efficiency of the furnace fans and the watts
saved or lost during stand-by or off-mode. The average consumer
considers three separate measures for a single product unnecessarily
complex and unhelpful. A single metric will serve as an easy basis
of comparison between all fuel furnace types. A simple label can
concisely represent the single efficiency metric and provide
approximate costs of operation, which is a chief concern of
consumers.
The AFUE2 test method and metric improves consumer utility of
the efficiency information. Furnace manufacturers question the
technical viability of the FER test procedure and metric. A separate
regulation for ventilation energy disproportionately emphasizes the
electrical consumption of a furnace, when the fuel consumption is
much more significant to consumers. A representative proportion of
energy use by both parts is described by AFUE2.

IV. Metric Changes Require a Crosswalk

AHRI requests that DOE adopt the AFUE2 test procedure pursuant
to a notice-and-comment rulemaking. The Department has statutory
authority to amend test procedures under 42 U.S.C. 6293(e) of EPCA.
The statute prescribes steps to establish a crosswalk from the
previous metric to the new metric. Specifically, EPCA states that
DOE ``shall determine, in the rulemaking carried out with respect to
prescribing such procedure, to what extent, if any, the proposed
test procedure would alter the measured energy efficiency . . . of a
covered product as determined under the existing test procedure.''
The transition from three independent metrics to one integrated
product metric will demonstrably ``alter the measured efficiency.''
As such, DOE ``shall amend the applicable energy conservation
standard during the rulemaking carried out with respect to such test
procedure. In determining the amended energy conservation standard,
the Secretary shall measure, pursuant to the amended test procedure,
the energy efficiency . . . of a representative sample of covered
products that minimally comply with the existing standard. The
average of such energy efficiency . . . determined under the amended
test procedure shall constitute the amended conservation standard
for the applicable covered products.''
AHRI has begun analyzing testing data to assist in the
development of the required crosswalk. A representative sample of
furnaces that are ``minimally compliant'' with energy conservation
minimums at each furnace product class will be tested, rated, and
averaged. This average will provide a degradation factor that can be
applied to all furnaces within that product class to ensure
equivalence across product lines with the current AFUE metric.
Uniquely, this particular crosswalk requires translation from three
performance characteristics to one product efficiency measure, and
each of those performance characteristic standards are currently
further divided into separate product classes. It will likely be
necessary to adjust the calculated baseline efficiencies to ensure
that the maximum permissible energy use of the furnace reflects
minimally compliant furnaces at each product class for each metric.
For example, minimally compliant non-weatherized natural gas
furnaces are currently rated with an AFUE of 80%. Based on
preliminary estimates, after the application of the degradation
factor, the baseline efficiencies for the AFUE2 rating is 77%.\13\
The FER and stand-by loss regulations also specify different product
classes for which the minimally compliant product will also have to
be measured and averaged. Using this data, the baseline minimum
efficiencies can be adjusted upward to ensure all current energy use
is appropriately captured. More testing is required to assign values
to this methodology.
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\13\ The 3% degradation factor is based on preliminary findings.
AHRI will provide more substantial testing to support a degradation
factor as more tests are conducted. The preliminary value will
likely change with more data.
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Crosswalks can create havoc in the market if not carefully
executed. AHRI urges DOE to work with stakeholders to ensure a
precise and simple transition from ``AFUE + FER + Stand-by/off-
mode'' to ``AFUE2.'' For clarity, AHRI recommends that the baseline
efficiency for translation is the AFUE minimum for each residential
furnace product class. Maintaining the established product class
structure for residential furnaces will have the least disruptive
impact on the market. As described above, these baseline
efficiencies can be adjusted to ensure that maximum energy use and
minimum efficiencies remain steady, but the decades-old definitions
and classifications remain constant for ease of market adoption.

V. AHRI Requests a Prompt Response

Finally, AHRI requests that DOE act promptly to initiate a
notice-and-comment rulemaking to adopt the proffered test procedure
and metric as soon as possible. The FER minimum efficiency standards
go into effect in July of 2019, and DOE will have to expedite the
release of a notice of proposed rulemaking to ensure that
manufacturers do not have to comply with one metric and test
procedure while preparing to comply with another. AHRI appreciates
the consideration that DOE will give this petition and thanks the
Department in advance for its attention to this petition.

Signed,

Caroline Davidson-Hood,
General Counsel.

Air-Conditioning, Heating, and Refrigeration Institute
2311 Wilson Boulevard, Suite 400
Arlington, Virginia 22201
CDavidson-Hood@ahrinet.org
(703) 600-0383

[FR Doc. 2018-24697 Filed 11-13-18; 8:45 am]
BILLING CODE 6450-01-P

56746 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules

contained in the proposed rule issued circulation in the almond producing acknowledges, a combined metric
by the Administrator on July 2, 2018, areas. would necessitate a translation of the
and published in the Federal Register * * * * * existing energy conservation standards
(83 FR 31473) on July 6, 2018, will be (3) The Board may recommend, applicable to residential furnaces using
and are the terms and provisions of this subject to the approval of the Secretary, an appropriate crosswalk. Through this
order amending the Order and are set a change to the nomination method, announcement, DOE seeks comment on
forth in full herein. should the Board determine that a the petition, as well as any data or
revision is necessary. information that could be used in DOE’s
List of Subjects in 7 CFR Part 981
* * * * * determination whether to proceed with
Almonds, Marketing agreements, ■ 3. Amend § 981.33 by revising the first the petition.
Nuts, Reporting and recordkeeping sentence of paragraphs (a) and (b), DATES: Written comments and
requirements. revising the last sentence of paragraph information are requested on or before
Dated: November 7, 2018. (c), and adding paragraph (d) to read as January 14, 2019.
Bruce Summers,
follows: ADDRESSES: Interested persons are
encouraged to submit comments,
Administrator, Agricultural Marketing § 981.33 Selection and term of office.
Service. identified by ‘‘Test Procedure for
(a) Members and their respective Consumer Warm Air Furnaces Petition,’’
For the reasons discussed in the alternates for positions open on the by any of the following methods:
Preamble, 7 CFR part 981 is proposed to Board shall be selected by the Secretary Federal eRulemaking Portal: http://
be amended as follows. from persons nominated pursuant to www.regulations.gov. Follow the
§ 981.32, or, at the discretion of the instructions for submitting comments.
PART 981—ALMONDS GROWN IN Secretary, from other qualified persons, Email: ResFurnPet2018PET0017@
CALIFORNIA for a term of office beginning August 1. ee.doe.gov. Include Docket No. EERE–
* * * 2018–BT–PET–0017 in the subject line
■ 1. The authority citation for 7 CFR (b) The term of office of members of of the message.
part 981 continues to read as follows: the Board shall be for a period of three Postal Mail: Appliance and
Authority: 7 U.S.C. 601–674. years beginning on August 1 of the years Equipment Standards Program, U.S.
selected except where otherwise Department of Energy, Building
■ 2. Amend § 981.32 by revising provided. * * * Technologies Office, Mailstop EE–5B,
paragraph (a)(1) and adding paragraph (c) * * * This limitation on tenure 1000 Independence Avenue SW,
(a)(3) to read as follows: shall not apply to alternate members. Washington, DC 20585–0121. If
(d) The Board may recommend, possible, please submit all items on a
§ 981.32 Nominations. subject to approval of the Secretary, compact disc (CD), in which case it is
(a) Method. (1) Each year the terms of revisions to the start date for the term not necessary to include printed copies.
office of three of the members elected of office of members of the Board. Hand Delivery/Courier: Appliance
pursuant to § 981.31(a) and (b) shall [FR Doc. 2018–24727 Filed 11–13–18; 8:45 am] and Equipment Standards Program, U.S.
expire, except every third year when the BILLING CODE 3410–02–P Department of Energy, Building
term of office for two of those members Technologies Office, 950 L’Enfant Plaza
shall expire. Nominees for each SW, Suite 600, Washington, DC 20024.
respective member and alternate DEPARTMENT OF ENERGY Telephone: (202) 287–1445. If possible,
member shall be chosen by ballot please submit all items on a CD, in
delivered to the Board. Nominees 10 CFR Part 430 which case it is not necessary to include
chosen by the Board in this manner printed copies.
shall be submitted by the Board to the Energy Conservation Program: Test Docket: For access to the docket to
Secretary on or before June 1 of each Procedures for Consumer Warm Air read background documents, or
year together with such information as Furnaces, Notice of Petition for comments received, go to the Federal
the Secretary may require. If a Rulemaking eRulemaking Portal at: http://
nomination for any Board member or AGENCY: Office of Energy Efficiency and www.regulations.gov/docket?D=EERE-
alternate is not received by the Secretary Renewable Energy, Department of 2018-BT-PET-0017.
on or before June 1, the Secretary may Energy. FOR FURTHER INFORMATION CONTACT: Mr.
select such member or alternate from ACTION: Notice of petition for Eric Stas, U.S. Department of Energy,
persons belonging to the group to be rulemaking; request for comment. Office of the General Counsel, 1000
represented without nomination. The Independence Avenue SW, Washington,
Board shall mail to all handlers and SUMMARY: On October 12, 2018, the DC 20585. Telephone: (202) 586–9507.
growers, other than the cooperative(s) of Department of Energy (DOE) received a Email: Eric.Stas@hq.doe.gov.
record, the required ballots with all petition from the Air-Conditioning, SUPPLEMENTARY INFORMATION: The
necessary voting information including Heating, and Refrigeration Institute Administrative Procedure Act (APA), 5
the names of incumbents willing to (AHRI) asking DOE to initiate notice- U.S.C. 551 et seq., provides among other
accept renomination, and, to such and-comment rulemaking to develop a things, that ‘‘[e]ach agency shall give an
growers, the name of any person new, unified test procedure for interested person the right to petition
proposed for nomination in a petition residential furnaces which would for the issuance, amendment, or repeal
signed by at least 15 such growers and replace the three currently required of a rule.’’ (5 U.S.C. 553(e)) DOE
filed with the Board on or before April performance metrics (i.e., annual fuel received a petition from AHRI, as
1. Distribution of ballots shall be utilization efficiency (AFUE), fan described in this notice and set forth
announced by press release, furnishing efficiency ratio (FER), and standby verbatim below,1 requesting that DOE
pertinent information on balloting, mode/off mode energy consumption
issued by the Board through newspapers (PW,SB and PW,OFF)) with a single new 1 Attachments and data submitted by AHRI with

and other publications having general metric (AFUE2). As the petition its petition for rulemaking are available in the

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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules 56747

develop a new test procedure for enforcement policy regarding tracking number that http://
residential furnaces with a combined enforcement of the furnace fan www.regulations.gov provides after you
metric (annual fuel utilization efficiency standards. Further details will be have successfully uploaded your
2 (AFUE2)), which would encompass provided on the DOE website.3 comment.
the three existing metrics currently Submitting comments via email, hand
Submission of Comments
required (i.e., AFUE, FER, and PW,SB/ delivery, or postal mail. Comments and
PW,OFF). In promulgating this petition for DOE invites all interested parties to documents via email, hand delivery, or
public comment, DOE is seeking views submit in writing by January 14, 2019 postal mail will also be posted to http://
on whether it should grant the petition comments and information regarding www.regulations.gov. If you do not want
and undertake a rulemaking to consider this petition. your personal contact information to be
the proposal contained in the petition. Submitting comments via http:// publicly viewable, do not include it in
By seeking comment on whether to www.regulations.gov. The http:// your comment or any accompanying
grant this petition, DOE takes no www.regulations.gov webpage will documents. Instead, provide your
position at this time regarding the require you to provide your name and contact information on a cover letter.
merits of the suggested rulemaking or contact information prior to submitting Include your first and last names, email
the assertions in AHRI’s petition. comments. Your contact information address, telephone number, and
In its petition, AHRI requests that will be viewable to DOE Building optional mailing address. The cover
DOE undertake notice-and-comment Technologies staff only. Your contact letter will not be publicly viewable as
rulemaking to develop a new test information will not be publicly
long as it does not include any
procedure for residential warm air viewable except for your first and last
comments.
furnaces that would consolidate all names, organization name (if any), and
Include contact information in your
aspects of the regulation of such submitter representative name (if any).
cover letter each time you submit
If your comment is not processed
furnaces using a single metric (AFUE2) comments, data, documents, and other
properly because of technical
and yield a unified timeline for information to DOE. If you submit via
difficulties, DOE will use this
rulemaking and compliance. Currently, postal mail or hand delivery, please
information to contact you. If DOE
residential furnaces are subject to provide all items on a CD, if feasible, in
cannot read your comment due to
separate requirements for heating which case it is not necessary to submit
technical difficulties and cannot contact
(AFUE), air circulation (FER), and printed copies. No telefacsimiles (faxes)
you for clarification, DOE may not be
standby mode and off mode energy will be accepted.
able to consider your comment.
consumptions (power in watts for However, your contact information Comments, data, and other
standby mode and off mode (PW,SB and will be publicly viewable if you include information submitted electronically
PW,OFF)). The petitioner asserts that its it in the comment or in any documents should be provided in PDF (preferred),
recommended single metric would attached to your comment. Any Microsoft Word or Excel, WordPerfect,
reduce regulatory burden on information that you do not want to be or text (ASCII) file format. Provide
manufacturers by streamlining test publicly viewable should not be documents that are not secured, written
requirements and aligning regulatory included in your comment, nor in any in English, and free of any defects or
review schedules, thereby promoting document attached to your comment. viruses. Documents should not include
design flexibility and product Persons viewing comments will see only any special characters or any form of
innovation. The petitioner further first and last names, organization encryption, and, if possible, they should
asserts that consumers would also names, correspondence containing carry the electronic signature of the
benefit by having a single, combined comments, and any documents author.
metric for product comparison purposes submitted with the comments. Campaign form letters. Please submit
and by receiving some portion of Do not submit to http:// campaign form letters by the originating
anticipated cost savings, all of which www.regulations.gov information for organization in batches of between 50 to
could be achieved without sacrificing which disclosure is restricted by statute, 500 form letters per PDF or as one form
energy savings. As the petition such as trade secrets and commercial or letter with a list of supporters’ names
acknowledges, a combined metric financial information (hereinafter compiled into one or more PDFs. This
would necessitate a translation of the referred to as Confidential Business reduces comment processing and
existing energy conservation standards Information (CBI)). Comments posting time.
applicable to residential furnaces using submitted through http:// Confidential Business Information.
an appropriate crosswalk. www.regulations.gov cannot be claimed Pursuant to 10 CFR 1004.11, any person
DOE welcomes comments and views as CBI. Comments received through the submitting information that he or she
of interested parties on any aspect of the website will waive any CBI claims for believes to be confidential and exempt
petition for rulemaking. the information submitted. For by law from public disclosure should
In conjunction with its petition, AHRI information on submitting CBI, see the submit via email, postal mail, or hand
requested that DOE not enforce the Confidential Business Information delivery two well-marked copies: One
reporting, certification and compliance section. copy of the document marked
obligations related to the furnace fan DOE processes submissions made ‘‘Confidential’’ including all the
energy conservation standards (for through http://www.regulations.gov information believed to be confidential,
which compliance is required on July 3, before posting. Normally, comments and one copy of the document marked
2019) pending consideration of this will be posted within a few days of ‘‘Non-confidential’’ with the
petition for rulemaking.2 In response to being submitted. However, if large information believed to be confidential
AHRI’s request, DOE is issuing an volumes of comments are being deleted. Submit these documents via
processed simultaneously, your email or on a CD, if feasible. DOE will
docket at http://www.regulations.gov/ make its own determination about the
docket?D=EERE-2018-BT-PET-0017.
comment may not be viewable for up to
2 AHRI’s request is available in the docket at several weeks. Please keep the comment confidential status of the information
http://www.regulations.gov/docket?D=EERE-2018- and treat it according to its
BT-PET-0017. 3 See http://www.energy.gov/gc/enforcement/. determination.

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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules 56749

various modes of ventilation testing. The FER testing requirements, align regulatory review instead of three. The alignment of review
procedure directs manufacturers to test using schedules, and reduce regulatory burden. cycles and redesign cycles further reduces
the ‘‘maximum airflow settings,’’ but this repetitive testing required for design
III. Establishing the AFUE2 as the Federal
description is ambiguous and can lead to development and safety certifications. The
Test Procedure and Metric Is in the Public AFUE2 test procedure mimics many of the
absurd results depending on its
interpretation. The AFUE2 test procedure Interest existing test methods, but the merging of the
specifies that the airflow be set according to A. A Combined Test Procedure and Metric instances of active testing cuts superfluous
the installation and operations manual, and Reduces Burden costs.11
the test procedure prescribes which airflow The AFUE2 test procedure and metric will Every time DOE makes an amendment to
setting should be selected if there is overlap decrease the regulatory burden. At least six any of the applicable regulations,
between operating modes. If the manual different regulations apply to consumer manufacturers must redesign equipment,
identifies the maximum airflow during the furnace efficiency: (1) AFUE test procedure make capital investments to update
heating mode, and the second highest airflow (2) AFUE energy conservation standard (3) manufacturing facilities, republish all
during cooling mode, then the speed taps FER test procedure (4) FER energy marketing literature, and educate
should be set accordingly: first heating, then conservation standard (5) stand-by loss/off- distributors, contractors, and consumers
cooling. If the heating and cooling mode mode test procedure (6) stand-by loss/off- about the change. Merging six rulemaking
airflows are the same, then the cooling mode mode energy conservation standard. Each of cycles into two dramatically reduces the
speed tap is set first, which reflects how the these regulations is subject to mandatory compliance burden associated with
furnace would operate in the field. review—every six years for energy regulatory changes because changes will
Finally, manufacturers have been conservation standards and every seven years occur two-thirds less frequently.
challenged with the repeatability of the FER for test procedures. Each of the six applicable Manufacturers can pass on significant
test. Testing has demonstrated more than a regulations follows a different schedule, savings to consumers by making all required
5% difference among tests on the same unit. which places the equipment manufacturers, changes to their furnaces within a single
The poor repeatability of the FER distributors, contractors and DOE in a design-cycle rather than spending resources
measurements is resolved in AFUE2 due to constant state of change and adjustment. The on unnecessary tooling, design, testing,
the relatively small proportion of the AFUE test procedure was most recently production introduction, training and other
electrical consumption. The AFUE fuel finalized in 2016. DOE is required to review related costs.12 Less frequent regulatory
efficiency test is well established and it again by 2023. The FER test procedure was changes offer greater certainty to
repeatable, so overall AFUE2 will be much finalized in 2014; it will be reviewed by manufacturers, which promotes investment
more repeatable than FER. 2021. The stand-by loss test procedure was in innovation and product improvements.
finalized in 2013; it will be reviewed by Crucially, reduced costs for manufacturers
II. The AFUE2 Metric Prevents Double and consumers does not translate to lost
Regulation 2020. Stand-by and off-mode test procedures
were amended in 2012 and are due for energy savings. Fewer regulatory review
AFUE2 efficiency is the sum of the fan review in 2019. Energy conservation cycles does not mean regulatory roll-back or
benefit and usable heat, divided by electric standards for stand-by and FER were less oversight. AHRI is confident that DOE
and fuel consumption, all weighted by published in 2013 and 2014, respectively, will take no less interest in the
operating hours. The calculations for AFUE2 while the AFUE standard has been under representativeness and effectiveness of the
and FER are based on different operating review since 2011. Industry expects that applicable test procedure as a result of this
hours. The hours differ in two meaningful energy conservation standards will be change. And each energy conservation
ways: (1) The cooling hours are derived reviewed again in 2019 and 2020. The standard review remains targeted at
directly from AHRI Standard 210/240, which Department is perennially reviewing and achieving the ‘‘maximum energy savings’’
is incorporated by reference into the Federal amending furnace regulations, while that are economically justified. Ultimately,
standard for central air conditioners; and (2) manufacturers pour time and resources into DOE will be able to look at the furnace as a
package equipment is ascribed zero fan public comments, testing, redesign, and ever- whole and make necessary adjustments to
operating hours in the cooling mode. The shifting compliance requirements. The total testing and energy conservation during a
AFUE2 test procedure relies on cooling mode reduction in regulatory burden resulting from single rulemaking review instead of
operating hours from AHRI Standard 210/240 implementation of AFUE2 will save executing its mandate piecemeal.
based on the simple logic that air manufacturers more than $250 million over B. The AFUE2 Test Procedure and Metric
conditioners conduct the cooling during thirty years.10 Will Increase Innovation
furnace-ventilation cooling mode and air If DOE adopts the AFUE2 test procedure
conditioner operating hours are already that assesses all three performance As discussed above, the AFUE2 test metric
defined in AHRI 210/240. Harmonizing the characteristics simultaneously, then the combines three performance characteristics
two standards is preferable and logical, and Department would only have to conduct a into a single measure. The current approach
assigning different operating hours in two test procedure rulemaking process once every fragments furnace efficiency into three
different regulations for what is essentially seven years. Similarly, combining the separate minimum requirements: stand-by/
the same product is arbitrary. Packaged performance measurements into a single off mode, ventilation, and fuel efficiency.
equipment is assigned zero operating hours metric will obviate the need for three The practice of setting minimums for discrete
because the ventilation electricity separate energy conservation standards, and characteristics of a single product is overly
consumption is already directly regulated by DOE will only have to review energy prescriptive; this approach drives product
DOE’s air conditioning standard. DOE is conservation standards once every six years. development in only one direction.
strictly prohibited from regulating the same Resource savings to the Department are Component level regulation restricts design
product twice. Two separate regulations relevant, but pale in comparison to the choices between manufacturers. AFUE2 gives
(SEER and FER) imposed on the same significant savings afforded manufacturers, manufacturers more design flexibility on how
component of a single type of equipment is and consequently consumers, if DOE were to they achieve overall energy savings. The
contrary to DOE’s statutory authority. combine the test metric and eliminate four of AFUE2 test method and metric requires
Eliminating operating hours for packaged six rulemaking review cycles. Multiple manufacturers to account for all three
equipment permits the furnace to be discordant regulatory requirements generate performance characteristics, but it promotes
measured by AFUE2 without double- unnecessary costs. For example, innovation by allowing for internal efficiency
regulating the ventilation energy use. manufacturers must run an FER test, and a trade-offs at the product level. Product
Aside from the above distinctions, most of separate AFUE test, and stand-by loss testing. designers must be given license to develop
the methods and measurements from the The incremental costs of the equipment, the better ways to save fuel and electricity while
currently applicable test procedures and set-up, mounting on the test stand, the improving the quality and performance of the
metrics are reflected in the AFUE2 test laboratory time, and technician costs can be equipment. A combined metric saves energy
procedure and metric. The ultimate goal of drastically reduced by conducting one test
combining the AFUE, FER, and stand-by/off- 11 Id.

mode test procedures is to streamline the 10 Exhibit 3, ‘‘Estimated Benefits of AFUE2’’ 12 Id.

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Document Created: 2018-11-14 03:31:46
Document Modified: 2018-11-14 03:31:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of petition for rulemaking; request for comment.
Dates		Written comments and information are requested on or before January 14, 2019.
Contact		Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, 1000 Independence Avenue SW, Washington, DC 20585. Telephone: (202) 586-9507. Email: [email protected]
FR Citation		83 FR 56746