[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Rules and Regulations]
[Pages 17755-17757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7579]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Rules
and Regulations
[[Page 17755]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2008-BT-TP-0020]
RIN 1904-AB89
Energy Conservation Program for Consumer Products: Decision and
Order Granting 180-Day Extension of Compliance Date for Residential
Furnaces and Boilers Test Procedure Amendments
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petitions for extension of compliance date and
Decision and Order granting petitions.
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SUMMARY: This document announces receipt by the U.S. Department of
Energy (DOE) of 29 petitions from 27 manufacturers seeking a 180-day
extension of the compliance date related to recent amendments to the
DOE test procedure for residential furnaces and boilers to address the
standby mode and off mode energy consumption of those products. The
petitioners demonstrated that meeting the specified compliance date
would impose an undue hardship. Accordingly, today's Decision and Order
grants these petitions to extend the compliance date by the requested
180 days.
DATES: This Decision and Order is effective March 31, 2011. For
representation purposes, petitioners must comply with all applicable
provisions of the amended DOE test procedure for residential furnaces
and boilers starting on October 15, 2011.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202) 586-9611. E-mail: [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. E-mail: [email protected].
For information on how to access the docket or to view hard copies
of the docket in the Resource Room, contact Ms. Brenda Edwards, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
Building Technologies Program, EE-2J, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as
codified) sets forth a variety of provisions designed to improve energy
efficiency and established the Energy Conservation Program for Consumer
Products Other Than Automobiles,\2\ a program covering most major
household appliances (collectively referred to as ``covered
products''), which includes the types of residential boilers and
furnaces that are the subject of this notice. (42 U.S.C. 6292(a)(5))
Under the Act, this program consists essentially of three parts: (1)
Testing; (2) labeling; and (3) establishing Federal energy conservation
standards. Of particular relevance here, the statute authorizes the
Secretary of Energy to prescribe test procedures that are reasonably
designed to produce results which measure energy efficiency, energy
use, or estimated operating costs, and that are not unduly burdensome
to conduct. (42 U.S.C. 6293(b)(3)) Under EPCA's testing requirements,
manufacturers of covered products must use these test procedures as the
basis for certifying to DOE that their products comply with applicable
energy conservation standards adopted pursuant to EPCA and for
representing the efficiency of those products. (42 U.S.C. 6293(c); 42
U.S.C. 6295(s))
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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 refer to the statute as amended
through the Energy Independence and Security Act of 2007, Public Law
110-140.
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Pursuant to the amendments to EPCA contained in section 310(3) of
the Energy Independence and Security Act of 2007 (EISA 2007), any final
rule for new or amended energy conservation standards promulgated after
July 1, 2010 must address standby mode and off mode energy use. (42
U.S.C. 6295(gg)(3)) Specifically, when DOE adopts an energy
conservation standard for a covered product after that date, it must,
if justified by the criteria for adoption of standards under 42 U.S.C.
6295(o), incorporate standby mode and off mode energy use into a single
standard, if feasible, or, if that is not feasible, adopt a separate
standard for such energy use for that product. (42 U.S.C.
6295(gg)(3)(A)-(B)) Because the current energy conservation standard
rulemaking for residential furnaces will be completed after July 1,
2010, DOE conducted a test procedure rulemaking for these products and
published a final rule in the Federal Register on October 20, 2010 (the
October 2010 final rule), which included methods for measuring standby
mode and off mode energy consumption. 75 FR 64621. More specifically,
this test procedure final rule included a standby mode and off mode
metric, Eso, and modified the calculation of annualized
auxiliary electrical use (Eae) for gas or oil-fired furnaces
or boilers and annual electric energy consumption (Ee) for
electric furnaces or boilers to account for standby mode and off mode
power consumption. Id. at 64632. The test procedure for residential
furnaces and boilers is contained in title 10 of the Code of Federal
Regulations (CFR) part 430, subpart B, appendix N.
The statute mandates that 180 days after an amended or new test
procedure is prescribed, no manufacturer, distributor, retailer, or
private labeler may make any representation about a product with
respect to energy use or efficiency unless that product has been tested
in accordance with such amended or new test procedure and the
representation fairly discloses the results of such testing. (42 U.S.C.
6293(c)(2)) However, if a petition is submitted at least 60 days prior
to the end of the initial 180-day period, the Secretary may extend the
180-day period by up to an additional 180 days (but in no event for
more than 180 days)
[[Page 17756]]
with respect to that petitioner, if it is determined that complying
with the requirements of 42 U.S.C. 6293(c)(2) would impose an undue
hardship on the petitioner. (42 U.S.C. 6293(c)(3))
II. Petitions for Extension of Compliance Date
Between February 14, 2011 and February 17, 2011, DOE received 29
petitions from 27 manufacturers \3\ regarding the compliance date for
the October 2010 test procedure final rule for residential furnaces and
boilers. All of these petitions are available as part of Docket Number
EERE-2008-BT-TP-0020.\4\ Specifically, all but one petitioner requested
that DOE extend the April 18, 2011 compliance date specified in the
final rule by 180 days, arguing that compliance with the April 18, 2011
deadline would place an unnecessary burden upon each company. The
remaining petitioner, Rheem Manufacturing Company, similarly requested
DOE extend the compliance date; however, this company requested that
the new compliance date be extended to end of the 2011 calendar year or
by the maximum amount allowed by law, whichever is longer. The
petitioners were: (1) Adams Manufacturing Company; (2) Allied Air
Enterprises; (3) Bard Manufacturing Co. Inc.; (4) Boyertown Furnace;
(5) Carrier Corporation; (6) Crown Boiler; (7) De Dietrich Boilers; (8)
ECR International Inc.; (9) Goodman Manufacturing Company; (10) HTP
Inc.; (11) Johnson Controls Inc.; (12) Laars Heating Systems Company;
(13) Lennox International Inc.; (14) Lochinvar; (15) Newmac Furnace
Company; (16) New Yorker Residential Heating Boilers; (17) Nordyne;
(18) NY Thermal Inc.; (19) Peerless Boilers Heat LLC; (20) Raypak Inc.;
(21) Rheem Manufacturing Company; (22) Slant/Fin; (23) Thermo Products
LLC; (24) Trane; (25) Triangle Tube; (26) US Boiler Company; and (27)
Weil-McLain. All petitions were timely filed, in that they were
submitted prior to 60 days before the end of the 180-day period
specified in 42 U.S.C. 6293(c)(3). All 29 petitions were very similar
in form and content, as discussed in further detail below.
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\3\ Two manufacturers submitted two essentially identical
petitions signed by different corporate officials.
\4\ The docket is available for review at http://www.regulations.gov, including Federal Register notices and other
supporting documents/materials. All documents in the docket are
listed in the http://www.regulations.gov index. However, not all
documents listed in the index may be publicly available, such as
information that is exempt from public disclosure. A link to the
docket Web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=EERE-2008-BT-TP-0020.
The http://www.regulations.gov Web page contains simple instructions
on how to access all documents in the docket.
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Eae is a measure of the electrical energy use of a gas
or oil-fired furnace over a one-year period. The petitioners noted that
the amended definition of Eae, which was redefined in the
final rule to include Eso, may be considered a
representation of standby mode and off mode energy consumption now
because it includes Eso. However, because the final rule had
focused on the Eso descriptor itself and because
manufacturers were under no obligation to publish results for
Eso by April 18, 2011, the petitioners only recently came to
realize the indirect implications of the amended test procedure on the
Eae metric, which is widely used in the industry. As a
result, the petitioners all argued that under the current deadline the
revisions to the Eae calculation to include Eso
would force the industry to either: (1) Retest all of its basic models
in two months; or (2) remove the Eae listings from the AHRI
product directory. On the first point, the petitioners asserted that it
would be impracticable to conduct the requisite testing in the
available time period, particularly given the substantial number of
products to be tested and the limited capacity of facilities to conduct
such testing. On the second point, the petitioners stated that the
Eae listings are useful to customers, because many utilities
and other third parties operate a variety of rebate programs and other
programs predicated on the Eae descriptor. For this reason,
the petitioners argued that removal of the listings would be
undesirable for both manufacturers and consumers, potentially leading
to confusion in the marketplace. Furthermore, the manufacturers would
have to change all their product literature and Web sites where
Eae is used by the current compliance date. In practice,
manufacturers would have to communicate and explain the changes down
their distribution chains to distributors, retailers and customers, and
adjust inventory management and order systems. Because there is no
requirement or reason to advertise Eso at the present time,
manufacturers argued these efforts would represent undue burden and
unintended consequence of the October 2010 test procedure final rule.
Additionally, all petitioners made the point that the amended DOE
test procedure for residential furnaces and boilers contains provisions
for measuring standby mode and off mode energy consumption that
reference the first edition of the International Electrotechnical
Commission (IEC) Standard 62301, ``Household electrical appliances--
Measurement of standby power,'' but that a draft second edition of that
standard was issued on October 29, 2010, for a final approval vote.
(DOE notes that IEC Standard 62301 (Second Edition) has been issued by
the IEC with a final publication date of January 27, 2011.) According
to the petitioners, granting the requested extension of the compliance
date would allow DOE to update the relevant references in its test
procedure, thereby ensuring that furnace and boiler manufacturers are
not subject to procedures with obsolete references.
Fourteen petitioners from 13 companies also expressed concern about
the effects of the amended test procedure on the ``e'' descriptor.
While not an official DOE descriptor, ``e'' is used by utility
incentive programs and certain Federal agencies to identify
electrically-efficient furnaces. The value for this descriptor is
dependent on Eae, and because the October 2010 final rule's
amendments to the DOE test procedure redefined Eae, the
petitioners argued that some models may no longer be considered
electrically efficient. According to these petitioners, the revisions
appear to disproportionately affect the ``e'' value of units with lower
input capacities, meaning that the required changes to this calculation
are not readily apparent and will require more testing than originally
anticipated. Therefore, the requested extension of the compliance date
would provide additional time for adequate consideration of the
ramification of the changes to the ``e'' descriptor.
III. Summary and Conclusion
Through today's notice, DOE announces receipt of petitions
requesting a 180-day extension of the April 18, 2011 compliance date in
the October 2010 furnace and boiler test procedure final rule from the
following 27 companies: (1) Adams Manufacturing Company; (2) Allied Air
Enterprises; (3) Bard Manufacturing Co. Inc.; (4) Boyertown Furnace;
(5) Carrier Corporation; (6) Crown Boiler; (7) De Dietrich Boilers; (8)
ECR International Inc.; (9) Goodman Manufacturing Company; (10) HTP
Inc.; (11) Johnson Controls Inc.; (12) Laars Heating Systems Company;
(13) Lennox International Inc.; (14) Lochinvar; (15) Newmac Furnace
Company; (16) New Yorker Residential Heating Boilers; (17) Nordyne;
(18) NY Thermal Inc.; (19) Peerless Boilers Heat LLC; (20) Raypak Inc.;
(21) Rheem Manufacturing Company; (22) Slant/Fin; (23) Thermo
[[Page 17757]]
Products LLC; (24) Trane; (25) Triangle Tube; (26) US Boiler Company;
and (27) Weil-McLain.
The intent of the amended test procedure was to require
manufacturers to test for standby mode and off mode power at this time
only if they intended to publicize such information, and for the above-
stated reasons regarding the volume of and limited time available for
testing, DOE agrees that requiring all basic models to be retested
before April 18, 2011, would place an undue burden upon the
petitioners. Likewise, DOE does not believe that it would be
appropriate to prevent the dissemination of representations regarding
auxiliary electrical energy consumption of residential furnaces and
boilers, because consumers may find such information beneficial.
Furthermore, DOE agrees that a 180-day extension would not be expected
to harm consumers or undermine the purpose of the final rule. For these
reasons, and given that the petitioners fulfilled their obligations
under 42 U.S.C. 6293(c)(3), DOE hereby issues this Decision and Order
which grants the 27 petitioners above an extension of 180 days for
compliance with the amended provisions of the furnaces and boilers test
procedure final rule that was published in the Federal Register on
October 20, 2010. Accordingly, the petitioners must meet a new
compliance date of October 15, 2011. With respect to Rheem's request
that DOE extend the compliance date to the end of the calendar year
2011, DOE reiterates that the maximum extension allowed by the statute
is 180 days. As such, DOE denies Rheem's request.
DOE notes that this extension does not release petitioners from the
certification requirements set forth in 10 CFR 430.62.
Issued in Washington, DC, on March 24, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-7579 Filed 3-30-11; 8:45 am]
BILLING CODE 6450-01-P