[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18536-18541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07362]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. VHE-002]
Notice of Petition for Waiver and Grant of Interim Waiver of
Empire Comfort Systems From the DOE Vented Home Heating Equipment Test
Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, Granting of Application for
Interim Waiver, and Request for Public Comments.
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SUMMARY: This notice announces receipt of and publishes the Empire
Comfort Systems Inc. (Empire) petition for waiver from the U.S.
Department of Energy (DOE) test procedure for determining the energy
consumption of vented home heating equipment. The waiver request
pertains to Empire's specified models of condensing-type vented
heaters. The existing test procedure does not apply to condensing
heaters. Empire asks that it be permitted to use the DOE test procedure
proposed in the Notice of Proposed Rulemaking (NOPR) for Direct Heating
Equipment and Pool Heaters published in the Federal Register on October
24, 2013 (78 FR 63410), as an alternate test procedure to account for
the energy consumption of its condensing-type direct heating equipment
(DHE) models. DOE notes that only one of the basic model numbers
submitted in the petition is a covered product subject to the test
methods for vented home heating equipment. Today's notice also grants
Empire an interim waiver from the DOE test procedure applicable to
direct heating equipment for the one basic model number properly
included in the petition, subject to use of the alternative test
procedure set forth in this notice. DOE solicits comments, data, and
information concerning Empire's petition and the suggested alternate
test procedure.
DATES: DOE will accept comments, data, and information with respect to
the Empire Petition until, but no later than May 2, 2014.
ADDRESSES: You may submit comments, identified by case number VHE-002,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include the case
number [Case No. VHE-002] 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 Office, Mailstop EE-5B, Petition for
Waiver Case No. VHE-002, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 586-2945. 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 Office, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. If possible, please submit all items on a
CD, in which case it is not necessary to include printed copies.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
For further information on how to submit a comment, or review other
public comments and the docket, contact Ms. Brenda Edwards at (202)
586-2945 or by email: [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Office, Mail Stop EE-5B, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-0371. Email: [email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., Washington, DC
20585-0103. Telephone: (202) 586-9507. Email: [email protected].
For information on how to submit or review public comments, contact
Ms.
[[Page 18537]]
Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency
and Renewable Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-2945. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified),
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes the vented home heating equipment that is the focus of
this notice.\2\ Part B includes definitions, test procedures, labeling
provisions, energy conservation standards, and the authority to require
information and reports from manufacturers. Further, Part B authorizes
the Secretary of Energy to prescribe test procedures that are
reasonably designed to produce results which measure the energy
efficiency, energy use, or estimated annual operating costs of a
covered product, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for vented home heating equipment
is contained in 10 CFR part 430, subpart B, appendix O, Uniform Test
Method for Measuring the Energy Consumption of Vented Home Heating
Equipment.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the American Energy Manufacturing Technical
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
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The regulations set forth at 10 CFR 430.27 contain provisions that
enable a person to seek a waiver from the test procedure requirements
for covered products. The Assistant Secretary for Energy Efficiency and
Renewable Energy (the Assistant Secretary) will grant a waiver if it is
determined that the basic model for which the petition for waiver was
submitted contains one or more design characteristics that prevents
testing of the basic model according to the prescribed test procedures,
or if the prescribed test procedures may evaluate the basic model in a
manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 430.27(l). Petitioners should include in their petition any
alternate test procedures known to the petitioner to evaluate the basic
model in a manner representative of its energy consumption. The
Assistant Secretary may grant the waiver subject to conditions,
including adherence to alternate test procedures. Id. Waivers remain in
effect pursuant to the provisions of 10 CFR 430.27(m).
The waiver process also allows the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures if
it is determined that the applicant will experience economic hardship
if the application for interim waiver is denied, if it appears likely
that the petition for waiver will be granted, and/or if the Assistant
Secretary determines that it would be desirable for public policy
reasons to grant immediate relief pending a determination on the
petition for waiver. 10 CFR 430.27(a)(2) and (g). An interim waiver
remains in effect for a period of 180 days or until DOE issues its
determination on the petition for waiver, whichever is sooner, and may
be extended for an additional 180 days, if necessary. 10 CFR 430.27(h).
II. Petition for Waiver of Test Procedure and Application for Interim
Waiver
On January 20, 2014, Empire filed a petition for waiver for
condensing-type direct heating equipment models from the test procedure
applicable to vented home heating equipment set forth in 10 CFR part
430, subpart B, appendix O.\3\ In its petition, Empire seeks a waiver
from the existing DOE test procedure for its vented gas heaters and
fireplace systems under 10 CFR part 430 because Empire asserts that the
existing test procedure does not account for condensing-type heating
equipment. Empire seeks to use the test method proposed by DOE in a
NOPR for Direct Heating Equipment and Pool Heaters published in the
Federal Register on October 24, 2013 (78 FR 63410) (hereinafter the
``October 2013 NOPR''), as an alternate test procedure to account for
the energy consumption of its condensing-type DHE models. That notice,
in relevant part, defines the term ``condensing vented heater'' and
provides a method for testing these devices.
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\3\ On July 21, 2011, Empire originally filed a petition for
waiver from the DOE test procedure for residential vented home
heating equipment for specified condensing-type direct heating
equipment models applicable to its Mantis vented gas fireplace
systems. The DOE test procedure in appendix O has no provisions for
testing condensing-type direct heating equipment. On November 3,
2011, DOE published the Empire petition for waiver (Case No. VHE-
001) from the vented home heating equipment test procedure in the
Federal Register (76 FR 68180). The notice provided for the
submission of comments by December 5, 2011. Because all known
manufacturers of domestically-marketed units of the same product
type were not timely notified that DOE published the Petition for
Waiver, DOE determined that re-opening of the public comment period
was appropriate. On February 1, 2012, DOE published a notice of re-
opening of public comment period in the Federal Register (77 FR
5001) with the comment period ending on March 2, 2012. DOE received
no comments during the initial petition for waiver nor during the
re-opening of public comment period. In the January 20, 2014
request, Empire stated that the list of models in the original
waiver submitted to DOE on July 21, 2011 is no longer accurate and
is superseded by its latter petition. Thus, DOE has withdrawn the
petition under Case No. VHE-001.
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DOE notes that of the eight basic model numbers set forth in
Empire's petition, only one (PVS (18, 35)(K)(N)(P)) qualifies as a
covered DHE product. The remaining seven basic models (which are
fireplaces, fireplace inserts, or stoves) are hearth products and are,
therefore, subject to neither the test procedure requirements of 10 CFR
part 430, subpart B, appendix O nor the proposed requirements of the
October 2013 NOPR.\4\ Therefore, only one of the basic models submitted
in the petition was considered for waiver. For the remaining basic
models, since testing of hearth products is not required under DOE
regulations at this time, there is no need to consider a waiver for
such models. However, if Empire chooses to conduct testing to make
representations regarding the energy efficiency of these products, the
company is free to use any test procedure it deems appropriate.
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\4\ On February 8, 2013, the U.S. Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) issued a decision
vacating the DOE definition of ``Vented hearth heater'' at 10 CFR
430.2, and remanded the issue to DOE to interpret the challenged
provisions consistent with the court's opinion. Hearth, Patio &
Barbecue Association v. U.S. Department of Energy, 706 F.3d 499, 509
(D.C. Cir. 2013). Since that time, DOE has published a proposed
coverage determination that would classify all hearth products as a
new covered product pursuant to 42 U.S.C. 6292(a)(20) and (b). 78 FR
79638 (Dec. 31, 2013).
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Empire also requests an interim waiver from the existing DOE test
procedure for immediate relief. As noted above, an interim waiver may
be granted if it is determined that the applicant will experience
economic hardship if the application for interim waiver is denied, if
it appears likely that the petition for waiver will be granted, and/or
the Assistant Secretary determines that it would be desirable for
public policy reasons to grant immediate relief pending a determination
of the petition for waiver. See 10 CFR 430.27(g).
DOE has determined that Empire's application for interim waiver
does not provide sufficient market, equipment price, shipments, and
other manufacturer impact information to
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permit DOE to evaluate the economic hardship Empire might experience
absent a favorable determination on its application for interim waiver.
DOE understands, however, that absent an interim waiver, the basic
model submitted by Empire that qualifies as a covered product could not
be tested and rated for energy consumption on a basis representative of
its true energy consumption characteristics. It is in the public
interest to have similar products tested and rated for energy
consumption on a comparable basis, where possible. Furthermore, DOE has
determined that Empire is likely to succeed on the merits of its
petition for waiver and that it is desirable for public policy reasons
to grant immediate relief. Empire requests to use the test method
proposed by DOE in the October 2013 NOPR as an alternate test procedure
to account for the energy consumption of its condensing-type direct
heating equipment models; that notice, in relevant part, defines the
term ``condensing vented heater'' and provides a method for testing
these devices, thereby providing a suitable vehicle for testing these
products and making representations as to their energy efficiency.
III. Interim Waiver Granted
For the reasons stated above, DOE grants Empire's application for
interim waiver from testing of its condensing vented gas heater system.
DOE cannot grant Empire's application for interim waiver of its vented
hearth products, as these products do not meet the definition of direct
heating equipment. Therefore, it is ordered that:
The application for interim waiver filed by Empire is hereby
granted for Empire's condensing vented gas heater system, subject to
the following specifications and conditions below. Empire shall not be
required to test its condensing vented gas heater system on the basis
of the test procedure at 10 CFR part 430, subpart B, appendix O, but
instead, it shall be required to test and rate that system according to
the alternate test procedure as set forth in section IV, ``Alternate
test procedure.'' Testing is not required at this time for all other
basic models listed in the petition that refer to hearth products
(i.e., those that are fireplaces, fireplace inserts, or stoves),
although if Empire elects to test such models, it may use an
appropriate test procedure of its choosing.
Specifically, the interim waiver applies to the following basic
model (condensing vented heater):
PVS (18,35) (K)(N)(P)
The interim waiver does not apply to the following basic models
(condensing fireplaces, fireplace inserts, and stoves):
FG28BM (K)(N)(P)
IG28BM (N)(P)
BF28 (B,C,G)M(K)(N)(P)
BP28 (B,C,G)M(K)(N)(P)
BI28 (B,C,G)M(K)(N)(P)
FF28BM (K)(N)(P)
FI28BM (N)(P)
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. Empire may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of vented gas heater systems for
which it seeks a waiver from the DOE test procedure. In addition, DOE
notes that granting of an interim waiver or waiver does not release a
petitioner from the certification requirements set forth at 10 CFR part
429.
Further, this interim waiver is conditioned upon the presumed
validity of statements, representations, and documents provided by the
petitioner. DOE may revoke or modify this interim waiver at any time
upon a determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures to make
representations about the energy consumption and energy consumption
costs of products covered by the statute. (42 U.S.C. 6293(c))
Consistent representations are important for manufacturers to use in
making representations about the energy efficiency of their products
and to demonstrate compliance with applicable DOE energy conservation
standards, as well as for consumers who rely upon such representations
in making purchasing decisions. Pursuant to its regulations applicable
to waivers and interim waivers from applicable test procedures at 10
CFR 430.27, DOE will consider setting an alternate test procedure for
Empire in a subsequent Decision and Order.
During the period of the interim waiver granted in this notice,
Empire shall test the product listed above according to the test
procedures for condensing vented heaters proposed by DOE in the NOPR
test procedure rule published October 24, 2013 (78 FR 63410). At this
time, testing is not required for hearth products (e.g., fireplaces,
fireplace inserts, or stoves), and these products are not covered by
the test procedure at 10 CFR part 430, subpart B, appendix O, or the
October 2013 NOPR. If Empire elects to test hearth product models, it
may use an appropriate test procedure of its choosing.
V. Summary and Request for Comments
Through today's notice, DOE announces receipt of Empire's petition
for waiver from the DOE test procedure for vented home heating
equipment and grants Empire an interim waiver from the test procedure
for its PVS (18, 35)(K)(N)(P) condensing direct heater model. DOE
publishes Empire's petition for waiver in its entirety. The petition
does not contain confidential information. The petition includes a
suggested alternate test procedure to determine the energy efficiency
of Empire's specified condensing direct heaters. DOE has required use
of this alternate test procedure as a condition of its grant of interim
waiver and is considering including this alternate procedure in its
subsequent Decision and Order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Any person submitting written comments to DOE
must also send a copy of such comments to the petitioner. The contact
information for the petitioner is: Mr. Kenneth J. Belding, Vice
President--Delivery Support Services, Empire Comfort Systems, Inc., 918
Freeburg Avenue, Belleville, Illinois 62220-2623. All submissions
received must include the agency name and case number for this
proceeding. Submit electronic comments in WordPerfect, Microsoft Word,
Portable Document Format (PDF), or text (American Standard Code for
Information Interchange (ASCII)) file format and avoid the use of
special characters or any form of encryption. Wherever possible,
include the electronic signature of the author. DOE does not accept
telefacsimiles (faxes).
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 two copies to DOE: one copy of the document
marked ``confidential'' with all of the information believed to be
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential
deleted. DOE will make its own determination about the
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confidential status of the information and treat it according to its
determination.
Issued in Washington, DC, on March 26, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
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[FR Doc. 2014-07362 Filed 4-1-14; 8:45 am]
BILLING CODE 6450-01-P