[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37953-37954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16342]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2011-BT-TP-0042]
RIN 1904-AC53


Energy Conservation Program for Consumer Products and Certain 
Commercial and Industrial Equipment: Test Procedures for Residential 
and Commercial Water Heaters; Correction

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

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: On July 11, 2014, the U.S. Department of Energy published a 
final rule amending the test procedures for consumer water heaters and 
certain commercial water heaters. This correction addresses an error in 
one of the amendatory instructions for the regulatory text. Neither the 
error nor the correction in this document affects the substance of the 
rulemaking or any of the conclusions reached in support of the final 
rule.

DATES: Effective July 13, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 586-6590. Email: 
[email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (DOE) 
published a final rule in the Federal Register on July 11, 2014 (``the 
July 2014 final rule''), amending the test procedures for consumer and 
certain commercial water heaters. 79 FR 40542. In the rule, DOE 
incorporated by reference the American Society for Testing and 
Materials (ASTM) D2156-09, ``Standard Test Method for Smoke Density in 
Flue Gases from Burning Distillate Fuels,'' at 10 CFR 430.3(h)(1) for 
use in 10 CFR part 430, subpart B, Appendix E. The effective date for 
this rule is July 13, 2015.
    On January 6, 2015, DOE published a final rule in the Federal 
Register (``the January 2015 final rule'') amending the test procedures 
for direct heating equipment and pool heaters. 80 FR 792. The January 
2015 final rule incorporated by reference the same industry standard, 
ASTM D2156-09, at 10 CFR 430.3(i)(1) for use in 10 CFR part 430, 
subpart B, Appendix O. The effective date for this rule was February 5, 
2015.
    The July 2014 final rule instruction to incorporate by reference 
ASTM D2156-09 at 10 CFR 430.3(h)(1) conflicts with the January 2015 
final rule instruction to incorporate by reference ASTM D2156-09 at 10 
CFR 430.3(i)(1). The instruction in the July 2014 final rule would be 
in error if implemented as written, because it would needlessly 
duplicate the incorporation by reference of ASTM D2156-09, which was 
already incorporated by reference by the January 2015 final rule.
    Amendatory instruction 8 on page 40567 of the Federal Register in 
the July 2014 final rule at 79 FR 40542 is, therefore, corrected to 
modify 10 CFR 430.3 to incorporate by reference ASTM D2156-09 for use 
in both Appendix E and Appendix O to subpart B. DOE notes that ASTM 
D2156-09 has already been approved for incorporation by reference for 
Appendix E (79 FR 40542) and Appendix O (80 FR 792), and, therefore, no 
additional action is necessary. The effective date of the July 2014 
final rule at 79 FR 40542 remains July 13, 2015.

Correction

    In FR Doc. 2014-15656 appearing on page 40542 in the issue of 
Friday, July 11, 2014, the following correction is made:


Sec.  430.3  [Corrected]

    On page 40567, second column, Sec.  430.3, amendatory instruction 
8, is corrected to read as follows (and the text for paragraph (h) is 
removed):


Sec.  430.3  [Amended]

0
8. In Sec.  430.3, amend paragraph (i)(1) by removing the phrase 
``appendix O'' and adding in its place the phrase ``appendices E and 
O''.


[[Page 37954]]


    Issued in Washington, DC, on June 25, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-16342 Filed 7-1-15; 8:45 am]
BILLING CODE 6450-01-P