[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Rules and Regulations]
[Pages 37937-37938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15654]



10 CFR Part 430

[Docket No. EERE-2010-BT-TP-0010]
RIN 1904-AC21

Energy Conservation Program for Consumer Products: Test 
Procedures for Residential Furnaces Fans; Correction

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

ACTION: Final rule; technical correction.


SUMMARY: On January 3, 2014 the U.S. Department of Energy (DOE) 
published a final rule in the Federal Register that established the 
test procedure for residential furnace fans. Due to drafting errors, 
that document inadvertently removed necessary incorporation by 
reference material in the Code of Federal Regulations (CFR). This final 
rule rectifies this error by once again adding the removed material.

DATES: Effective Date: July 3, 2014.
    The incorporation by reference of a certain standard listed in this 
rulemaking was approved by the Director of the Office of the Federal 
Register on October 4, 1993.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Majette, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, 
DC, 20585-0121. Telephone: (202) 586-7935. Email: [email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: [email protected].


I. Background

    On January 3, 2014, DOE's Office of Energy Efficiency and Renewable 
Energy published a test procedure final rule in the Federal Register 
titled, ``Test Procedures for Residential Furnace Fans'' (hereafter 
referred to as the ``January 2014 final rule''). 79 FR 500. Since the 
publication of that final rule, it has come to DOE's attention that, 
due to a technical oversight, the January 2014 final rule incorrectly 
deleted the incorporation by reference of ASHRAE 103-1993 within 10 CFR 
430.3. The January 2014 final rule removed the existing reference to 
ASHRAE 103-1993 and inserted a reference to ASHRAE 103-2007; however, 
DOE intended to maintain the existing reference to ASHRAE 103-1993 
(applicable to residential furnaces and boiler) while adding the 
incorporation by reference to ASHRAE 103-2007 (applicable to 
residential furnace fans). This final rule corrects this error by once 
again adding ASHRAE 103-1993 to the list of materials incorporated by 
reference at 10 CFR 430.3. This final rule also renumbers section 430.3 
to account for the additional reference.

II. Need for Correction

    As published, the identified provisions in 10 CFR 430.3 (which only 
reference ASHRAE 103-2007 and do not reference ASHRAE 103-1993) will 
likely cause confusion and may mislead interested parties regarding how 
to properly conduct testing under DOE's residential furnaces and 
boilers test procedure. The January 2014 final rule for furnace fans 
removed the incorporation by reference of ASHRAE 103-1993. However, the 
incorporation by reference of ASHRAE 103-1993 into the CFR remains 
required because that standard is referenced by Appendix N to subpart B 
of 10 CFR part 430, ``Uniform Test Method for Measuring the Energy

[[Page 37938]]

Consumption of Furnaces and Boilers.'' It was clearly not DOE's 
intention to change or eliminate reference materials for other products 
as part of the furnace fans rulemaking. At no place in the January 2014 
final rule did DOE discuss such modifications. This final rule would 
simply incorporate once again into the CFR the intended and proper 
reference materials that were erroneously deleted without making 
substantive changes to any previously established provisions. 
Accordingly, DOE finds that there is good cause under 5 U.S.C. 
553(b)(B) to not issue a separate notice to solicit public comment on 
the changes contained in this document. Issuing a separate document to 
solicit public comment would be impractical, unnecessary, and contrary 
to the public interest.

III. Procedural Requirements

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the January 3, 2014 test 
procedure final rule for residential furnace fans remain unchanged for 
this final rule technical correction. These determinations are set 
forth in the January 3, 2014 final rule. 79 FR 500, 517-520.

List of Subjects in 10 CFR Part 430

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

    Issued in Washington, DC, on June 27, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends part 430 of 
Chapter II, subchapter D of title 10, Code of Federal Regulations as 
set forth below:


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

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

2. Section 430.3 is amended by:
a. Redesignating paragraphs (f)(10) through (f)(11) as (f)(11) through 
(f)(12); and
b. Adding new paragraph (f)(10).
    The addition reads as follows:

Sec.  430.3  Materials incorporated by reference.

* * * * *
    (f) * * *
    (10) ASHRAE Standard 103-1993, (``ASHRAE 103-1993''), Methods of 
Testing for Annual Fuel Utilization Efficiency of Residential Central 
Furnaces and Boilers, (with Errata of October 24, 1996) except for 
sections 3.0,,,,,,,, 9.7.1, 10.0, 11.2.12, 11.3.12, 11.4.12, 11.5.12 and appendices 
B and C, approved October 4, 1993, IBR approved for Sec.  430.23 and 
appendix N to subpart B.
* * * * *
[FR Doc. 2014-15654 Filed 7-2-14; 8:45 am]