[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]
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DEPARTMENT OF ENERGY
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
Energy.
ACTION: Final rule; technical correction.
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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].
SUPPLEMENTARY INFORMATION:
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
businesses.
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:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
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.
0
2. Section 430.3 is amended by:
0
a. Redesignating paragraphs (f)(10) through (f)(11) as (f)(11) through
(f)(12); and
0
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, 7.2.2.5, 8.6.1.1, 9.1.2.2, 9.5.1.1, 9.5.1.2.1, 9.5.1.2.2,
9.5.2.1, 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]
BILLING CODE 6450-01-P