[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Rules and Regulations]
[Pages 43927-43929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17876]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2014-BT-STD-0026]
RIN 1904-AD32
Energy Conservation Program for Consumer Products: Energy
Conservation Standards for Residential Furnaces; Energy Conservation
Standards for Residential Direct Heating Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendment.
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SUMMARY: The U.S. Department of Energy (DOE) is issuing a final rule
technical amendment to implement two orders issued by the U.S. Court of
Appeals for the District of Columbia Circuit in separate litigation.
Specifically, DOE is amending the relevant portions of its regulations
to reflect the Court's order vacating the amended energy conservation
standards for non-weatherized gas furnaces (including mobile home
furnaces), which were adopted in the June 27, 2011 direct final rule
for residential furnaces and residential central air conditioners and
heat pumps. Similarly, DOE is also amending the relevant portions of
its regulation to reflect the Court's decision to vacate the regulatory
definition of ``vented hearth heater'' (and by implication, the
associated energy conservation standards), which were developed in the
April 27, 2010 and November 18, 2011 final rules for residential direct
heating equipment.
DATES: Effective Date: July 29, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. John Cymbalsky, 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) 287-1692. 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
A. Residential Furnaces
On November 19, 2007, DOE published a final rule in the Federal
Register (hereinafter the ``November 2007 final rule'') that amended
the energy conservation standards for residential furnaces and boilers.
72 FR 65136. The compliance date for the standards was set at November
19, 2015. However, following DOE's adoption of the November 2007 final
rule, several parties jointly sued DOE in the United States Court of
Appeals for the Second Circuit (Second Circuit) to invalidate the
rule.\1\ The petitioners asserted that the standards for residential
furnaces promulgated in the November 2007 final rule did not reflect
the ``maximum improvement in energy efficiency'' that ``is
technologically feasible and economically justified,'' as required
under 42 U.S.C. 6295(o)(2)(A). On April 16, 2009, DOE filed with the
Court a motion for voluntary remand that the petitioners did not
oppose. The motion did not state that the November 2007 final rule
would be vacated, but indicated that DOE would revisit its initial
conclusions outlined in the November 2007 final rule in a subsequent
rulemaking action. DOE also agreed that the final rule resulting from
the subsequent rulemaking action would address both regional standards
for furnaces, as well as the effects of alternate standards on natural
gas prices. On April 21, 2009, the U.S. Court of Appeals for the Second
Circuit granted DOE's motion, thereby remanding the rule to DOE for
further proceedings without vacating the November 2007 final rule.
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\1\ Petition for Review, State of New York, et al. v. Department
of Energy, et al., Nos. 08-0311-ag(L); 08-0312-ag(con) (2d Cir.
filed Jan. 17, 2008).
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On June 27, 2011 DOE published a final rule in the Federal Register
(hereinafter the ``June 2011 direct final rule'') that amended the
energy conservation standards for residential furnaces pursuant to the
voluntary remand in State of New York, et al. v. Department of Energy,
et al. On October 31, 2011, DOE published a notice of effective date
and compliance dates to confirm these amended energy conservation
standards and compliance dates contained in the June 2011 direct final
rule. 76 FR 67037. After the publication of the October 2011 notice,
the American Public Gas Association (APGA) sued DOE in the United
States Court of Appeals for the District of Columbia Circuit (DC
Circuit) to invalidate the rule as it pertained to non-weatherized gas
furnaces.\2\ On March 11, 2014, DOE and APGA, as well as the various
intervenors in the case, filed a joint motion for approval of a
settlement in which DOE agreed to seek a remand of the non-weatherized
gas furnaces portion of the June 27, 2011 direct final rule. On April
24, 2014, the DC Circuit approved the settlement agreement and issued
an order that the standards established for non-weatherized gas
furnaces and mobile home gas furnaces be vacated and remanded to DOE
for further rulemaking.\3\ As a result, the standards established by
the June 2011 direct final rule for the non-weatherized gas furnaces
and mobile home gas furnaces will not go into effect, and instead, the
standards established for these product classes of furnaces in the
November 19, 2007 final rule will come into effect, with compliance
required beginning on November 19, 2015. Thus, DOE is amending the Code
of Federal Regulations (CFR) to reflect the Court's order impacting the
standards for non-weatherized gas furnaces and mobile home gas
furnaces.
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\2\ Petition for Review, American Public Gas Association v. U.S.
Department of Energy, et al., No. 11-1485 (D.C. Cir. filed Dec. 23,
2011).
\3\ Consistent with the settlement agreement, the direct final
rule's amended standards for weatherized gas furnaces, non-
weatherized oil-fired furnaces, and central air conditioners and
heat pumps were allowed to be implemented on schedule.
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B. Residential Hearth Products
In a final rule published in the Federal Register on April 16, 2010
(hereinafter the ``April 2010 final rule''), DOE promulgated a
definition for ``vented hearth heater,'' established product classes
for vented gas hearth direct heating equipment, and set minimum energy
conservation standards for vented gas hearth direct heating equipment.
75 FR 20112. Compliance with the standard would have been required by
April 16, 2013. Following DOE's adoption of the April 2010 final rule,
the Hearth, Patio & Barbecue Association (HPBA) sued DOE in the DC
Circuit to invalidate the rule as it pertained to vented gas hearth
products.\4\
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\4\ Petition for Review, Hearth, Patio, & Barbecue Association
v. Department of Energy, et al., No 10-1113 (D.C. Cir. filed May 27,
2010).
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On November 18, 2011, DOE published a final rule in the Federal
Register that amended the definition of ``vented hearth heater'' to
clarify the
[[Page 43928]]
scope of the exclusion from coverage under energy conservation
standards for those vented hearth heaters that are primarily decorative
hearth products. 76 FR 71836. On February 8, 2013, the Court issued a
decision in which it ordered that the definition of ``vented hearth
heater'' be vacated and remanded the matter to DOE to interpret the
challenged provisions in accordance with the opinion of the Court.\5\
Consequently, the standards established by the April 2010 final rule
for vented gas hearth direct heating equipment will not go into effect,
with the result being that there are no standards for these products at
this time. Thus, DOE is amending the CFR to reflect the Court's order
to vacate the definition for ``vented hearth heater.'' In addition, DOE
is removing the standards set for vented gas hearth direct heating
equipment in the April 2010 final rule, as there is no longer a
definition that covers this type of equipment.
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\5\ Hearth, Patio & Barbecue Association v. Department of
Energy, et al., 706 F.3d 499 (D.C. Cir. 2013).
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II. Summary of the Need for Correction
By this action, DOE is updating the CFR to implement changes to
DOE's regulations for residential furnaces and residential direct
heating equipment required by two Court orders, as described in section
I. This is a purely technical amendment, and at this time, DOE is not
exercising any of the authority that Congress has provided in the
Energy Policy and Conservation Act of 1975 (EPCA; 42 U.S.C. 6291 et
seq.), as amended, for the Secretary of Energy to revise definitions
and energy conservation standards.
III. Final Action
DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior
notice and an opportunity for public comment on this final rule are
unnecessary. DOE is merely implementing changes to the CFR text
prescribed by two Court orders and making other limited revisions to
its regulations as necessitated by those orders. DOE is not exercising
any of the discretionary authority that the Congress has provided to
the Secretary of Energy in EPCA. DOE, therefore, finds that good cause
exists to waive prior notice and an opportunity to comment for this
rulemaking. For the same reasons, DOE, pursuant to 5 U.S.C. 553(d)(3),
finds that good cause exists for making this final rule effective upon
publication in the Federal Register.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
This final rule is not a ``significant regulatory action'' under
section 3(f)(1) of Executive Order 12866 and the principles reaffirmed
in Executive Order 13563. Accordingly, this action was not subject to
review by the Office of Information and Regulatory Affairs (OIRA) in
the Office of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE has made its
procedures and policies available on the Office of the General
Counsel's Web site (http://energy.gov/gc/office-general-counsel).
Because this is a technical amendment for which a general notice of
proposed rulemaking is not required, the analytical requirements of the
Regulatory Flexibility Act do not apply to this rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.
Issued in Washington, DC on July 21, 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.
Sec. 430.2 [Amended]
0
2. Section 430.2 is amended by removing the definition of ``vented
hearth heater.''
0
3. Section 430.32 is amended by:
0
a. Revising paragraph (e)(1); and
0
b. Revising paragraph (i)(2).
The revisions read as follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
(e) Furnaces and boilers. (1) Furnaces. (i) The Annual Fuel
Utilization Efficiency (AFUE) of residential furnaces shall not be less
than the following for non-weatherized gas furnaces manufactured before
November 19, 2015, non-weatherized oil furnaces manufactured before May
1, 2013, and weatherized furnaces manufactured before January 1, 2015:
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AFUE
Product class (percent) \1\
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(A) Furnaces (excluding classes noted below)............ 78
(B) Mobile Home furnaces................................ 75
(C) Small furnaces (other than those designed solely for ..............
installation in mobile homes) having an input rate of
less than 45,000 Btu/hr................................
(1) Weatherized (outdoor)............................... 78
(2) Non-weatherized (indoor)............................ 78
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\1\ Annual Fuel Utilization Efficiency, as determined in Sec.
430.23(n)(2) of this part.
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(ii) The AFUE of residential furnaces shall not be less than the
following starting on the compliance date indicated in the table below:
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AFUE (percent)
Product class \1\ Compliance date
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(A) Non-weatherized gas 80 November 19, 2015.
furnaces (not including
mobile home furnaces).
(B) Mobile Home gas furnaces 80 November 19, 2015.
(C) Non-weatherized oil- 83 May 1, 2013.
fired furnaces (not
including mobile home
furnaces).
(D) Mobile Home oil-fired 75 September 1, 1990.
furnaces.
(E) Weatherized gas furnaces 81 January 1, 2015.
(F) Weatherized oil-fired 78 January 1, 1992.
furnaces.
(G) Electric furnaces....... 78 January 1, 1992.
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\1\ Annual Fuel Utilization Efficiency, as determined in Sec.
430.23(n)(2) of this part.
(iii) Furnaces manufactured on or after May 1, 2013, shall have an
electrical standby mode power consumption (PW,SB) and
electrical off mode power consumption (PW,OFF) not more than
the following:
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Maximum standby mode Maximum off mode
electrical power electrical power
Product class consumption, PW,SB consumption, PW,OFF
(watts) (watts)
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(A) Non-weatherized oil-fired furnaces (including mobile home 11 11
furnaces)....................................................
(B) Electric furnaces......................................... 10 10
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* * * * *
(i) * * *
(2) Vented home heating equipment manufactured on or after April
16, 2013, shall have an annual fuel utilization efficiency no less
than:
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Annual fuel utilization
Product class efficiency, April 16,
2013 (percent)
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Gas wall fan type up to 42,000 Btu/h........... 75
Gas wall fan type over 42,000 Btu/h............ 76
Gas wall gravity type up to 27,000 Btu/h....... 65
Gas wall gravity type over 27,000 Btu/h up to 66
46,000 Btu/h..................................
Gas wall gravity type over 46,000 Btu/h........ 67
Gas floor up to 37,000 Btu/h................... 57
Gas floor over 37,000 Btu/h.................... 58
Gas room up to 20,000 Btu/h.................... 61
Gas room over 20,000 Btu/h up to 27,000 Btu/h.. 66
Gas room over 27,000 Btu/h up to 46,000 Btu/h.. 67
Gas room over 46,000 Btu/h..................... 68
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[FR Doc. 2014-17876 Filed 7-28-14; 8:45 am]
BILLING CODE 6450-01-P