[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51487-51488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20970]



[[Page 51487]]

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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number EERE-2013-BT-STD-0030]
RIN 1904-AD01


Energy Conservation Program for Certain Commercial and Industrial 
Equipment: Proposed Determination of Natural Draft Commercial Packaged 
Boilers as Covered Industrial Equipment

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

ACTION: Proposed determination of coverage; withdrawal.

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SUMMARY: The U.S. Department of Energy (DOE) withdraws its August 13, 
2013, notice of proposed determination that natural draft commercial 
packaged boilers meet the criteria for covered equipment under Part A-1 
of Title III of the Energy Policy and Conservation Act of 1975 (EPCA), 
as amended. 78 FR 49202. DOE is taking this action after consideration 
of comments received in response to the notice of proposed 
determination and other relevant rulemakings that indicate a common and 
long-standing understanding from interested parties that natural draft 
commercial packaged boilers are and have been covered equipment under 
part A-1 of Title III of EPCA.

DATES: The proposed determination is withdrawn August 25, 2015.

FOR FURTHER INFORMATION CONTACT:
    Mr. James Raba, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies, EE-5B, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-8654. Email: [email protected].
    Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585. 
Telephone: (202) 586-9496. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority
II. Background
III. Discussion
IV. Approval of the Office of the Secretary

I. Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163, as amended, (42 U.S.C. 6311-6317, as 
codified), added by Public Law 95-619, Title IV, Sec.  441(a), 
established the Energy Conservation Program for Certain Industrial 
Equipment, which includes commercial packaged boilers.\2\ In addition 
to specifying a list of covered commercial and industrial equipment, 
EPCA contains provisions that enable the Secretary of Energy to 
classify additional types of commercial and industrial equipment as 
covered equipment. (42 U.S.C. 6311(1)(L))
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    \1\ For editorial reasons, upon codification in the United 
States Code (U.S.C.), Part C was re-designated Part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through Energy Efficiency Improvement Act of 2015, Public 
Law 114-11 (April 30, 2015).
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II. Background

    On August 13, 2013, the U.S. Department of Energy (DOE) published 
in the Federal Register a Notice of Proposed Determination (August 2013 
NOPD) to clarify that natural draft commercial packaged boilers are 
covered equipment under EPCA. 78 FR 49202. Under EPCA, ``the term 
`packaged boiler' means a boiler that is shipped complete with heating 
equipment, mechanical draft equipment, and automatic controls; usually 
shipped in one or more sections.'' (42 U.S.C. 6311(11)(B)) In the 
August 2013 NOPD, DOE sought to clarify its statutory authority to 
cover commercial packaged boilers that do not include mechanical draft 
equipment by proposing the following definition for natural draft 
commercial packaged boilers: The term ``natural draft commercial 
packaged boiler means a commercial packaged boiler designed to operate 
with negative pressure in the firebox and in the flue connection 
created by a chimney or the height of the unit itself, up to the draft 
control device. Such boilers do not require mechanical drafting 
equipment to vent combustion gases, but may include mechanical devices 
such as mechanical flue or stack dampers to limit the heat losses 
through the flue vent during off-cycle.'' 78 FR 49203. DOE also 
requested public comment on the proposed determination of coverage and 
proposed definition.
    In parallel, DOE initiated a rulemaking to amend the energy 
conservation standards for commercial packaged boilers. On September 3, 
2013, DOE published a notice of public meeting in the Federal Register 
that announced the availability of the framework document. 78 FR 54197. 
Subsequently, on November 20, 2014, DOE published another notice of 
public meeting (November 2014 NOPM) in the Federal Register that 
announced the availability of the preliminary analysis technical 
support document. 79 FR 69066. Both notices requested public comment 
from interested parties about various aspects of the rulemakings.

III. Discussion

    DOE received several written comments that are relevant to the 
coverage determination of natural draft commercial packaged boilers in 
response both to the August 2013 NOPD and the November 2014 NOPM.
    In response to the August 2013 NOPD, DOE received comments from the 
Air-Conditioning, Heating, and Refrigeration Institute (AHRI).
    AHRI stated that the long time practices of both industry and DOE 
make clear that natural draft commercial packaged boilers are covered 
equipment subject to the efficiency standards established in accordance 
with EPCA, noting that the minimum efficiency standards specified for 
commercial boilers have been applied to all commercial packaged boiler 
models, natural draft or otherwise, for the past 20 years. AHRI further 
noted that the minimum efficiency standards specified for commercial 
boilers in American Society of Heating, Refrigeration, and Air-
Conditioning Engineers (ASHRAE) Standard 90.1, ``Energy Standard for 
Buildings Except Low-Rise Residential Buildings'' (upon which the 
Federal standards are based) have been applied to all models since the 
first edition of the standard more than 35 years ago, and asserted that 
there should be no question that natural draft commercial packaged 
boilers are covered equipment subject to DOE's efficiency standards. 
Finally, AHRI suggested that if it is necessary to prevent ambiguity in 
the definition, DOE simply edit the definition to clarify that a 
commercial packaged boiler is shipped with mechanical draft equipment 
only if required, which AHRI asserted reflects the proper reading that 
the definition covers all types of boilers. (AHRI, No. 7 at pp. 1-2) 
\3\
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    \3\ A notation in the form ``AHRI, No. 7 at pp. 1-2'' identifies 
a written comment: (1) Made by AHRI; (2) recorded as comment number 
7 in the docket of this rulemaking (Docket No. EERE-2013-BT-STD-
0030) and available for review at www.regulations.gov; and (3) which 
appears on pages 1 and 2 of comment number 7.
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    In response to the November 2014 NOPM, DOE received comments from 
various interested parties, including

[[Page 51488]]

AHRI and Raypak Inc. Raypak argued that the industry has recognized, 
and there should be no question, that natural draft boilers have been 
covered under EPCA for many years. (Raypak, No. 35 at p. 2) AHRI 
commented that the minimum efficiency standards specified for 
commercial packaged boilers in EPCA have been applied to all models 
including natural draft for the past 20 years. AHRI also restated its 
position from previous comments (discussed above) that there should be 
no question that natural draft commercial packaged boilers are covered 
equipment subject to DOE's standards. (AHRI, No. 37 at p. 2)
    In summary, comments received from interested parties, both from 
the August 2013 NOPD and the November 2014 NOPM, support DOE's 
understanding that packaged boilers, as currently defined under EPCA, 
include natural draft packaged boilers. Therefore, DOE concludes that 
it is not necessary to publish a final coverage determination for 
natural draft commercial packaged boilers and is withdrawing its notice 
of proposed determination.

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this withdrawal 
notice.

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Reporting and recordkeeping 
requirements.

    Issued in Washington, DC, on August 14, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary Energy Efficiency and Renewable Energy.
[FR Doc. 2015-20970 Filed 8-24-15; 8:45 am]
BILLING CODE 6450-01-P