[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Rules and Regulations]
[Pages 53508-53510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27018]
[[Page 53507]]
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Part III
Department of Energy
_______________________________________________________________________
Office of Energy Efficiency and Renewable Energy
_______________________________________________________________________
10 CFR Part 430
Energy Conservation Program for Consumer Products: Test Procedures for
Furnaces and Boilers; Interim Final Rule
Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 /
Rules and Regulations
[[Page 53508]]
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 430
[Docket No. EE-RM-93-501]
RIN 1904-AA45
Energy Conservation Program for Consumer Products: Test
Procedures for Furnaces and Boilers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Interim final rule.
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SUMMARY: The Department of Energy (the Department or DOE) is amending a
provision of its recently promulgated final rule that prescribed
revised test procedures to determine the energy efficiency of furnaces
and boilers. Under today's amendment, the test procedures will provide
that the flue collector box on a furnace or boiler with a power burner
or draft inducer need not be insulated before the start of the cool-
down test.
DATES: This rule is effective November 10, 1997. Written comments (ten
copies) in response to this notice must be received by November 13,
1997.
ADDRESSES: Written comments are to be submitted to: U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Hearings and
Dockets, Interim Final Rule for Test Procedures for Furnaces and
Boilers, Docket No. EE-RM-93-501, Forrestal Building, 1000 Independence
Avenue, S.W., Washington, D.C. 20585, (202) 586-7574.
Copies of the public comments received may be read at the
Department of Energy Freedom of Information Reading Room, Forrestal
Building, Room 1E-190, 1000 Independence Avenue, S.W., Washington, DC
20585, (202) 586-6020 between the hours of 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
For more information concerning public participation in this
rulemaking proceeding, see Section IV, ``Public Comment,'' of
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Mail Station
EE-43, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC
20585-0121, (202) 586-9138. Or Edward Levy, Esq., U.S. Department of
Energy, Office of General Counsel, Mail Station GC-72, Forrestal
Building, 1000 Independence Avenue, SW, Washington, DC 20585-0103,
(202) 586-9507.
SUPPLEMENTARY INFORMATION:
I. Discussion
II. Procedural Requirements
A. Review Under the National Environmental Policy Act of 1969.
B. Review Under Executive Order 12866, ``Regulatory Planning and
Review.''
C. Review Under Executive Order 12612, ``Federalism.''
D. Review Under Executive Order 12630, ``Governmental Actions
and Interference With Constitutionally Protected Property Rights.''
E. Review Under the Paperwork Reduction Act.
F. Review Under Executive Order 12988, ``Civil Justice Reform.''
G. Review Under Unfunded Mandates Reform Act of 1995.
H. Review Under Small Business Regulatory Enforcement Fairness
Act of 1996.
III. Interim Final Rule
IV. Public Comment
I. Discussion
On August 23, 1993, DOE published in the Federal Register a
proposal (hereinafter referred to as the 1993 proposed rule) to amend
the DOE test procedures for furnaces and boilers. 58 FR 44538. A public
hearing was held in Washington, DC, on January 5, 1994, on the proposed
rule. On May 12, 1997, after review and evaluation of the comments
received, DOE published in the Federal Register a final rule
(hereinafter referred to as the 1997 final rule) amending the furnace
test procedure. 62 FR 26140. The 1997 final rule incorporated by
reference many provisions of the American National Standards Institute,
Inc./American Society of Heating, Refrigerating and Air-Conditioning
Engineers, Inc. (ANSI/ASHRAE) Standard 103-1993 (hereinafter referred
to as Standard 103-1993). Standard 103-1993 includes most of the
provisions in the 1993 proposed rule. However, as discussed in preamble
to the 1997 final rule, the Department did not intend to adopt in the
final rule any revision to the test procedure that would affect the
measure of efficiency (Annual Fuel Utilization Efficiency (AFUE)) of
existing furnaces and boilers. The 1997 final rule did not include,
therefore, those provisions in the 1993 proposed rule (also contained
in Standard 103-1993) that the Department believed would, if adopted,
reduce the AFUE of certain existing furnaces and boilers.
Among the provisions of Standard 103-1993 that were included in the
1997 final rule was section 7.2.2.2. This section of Standard 103-1993
specifies that, for power burner units (including power vented units
and oil burners), the flue gas collector box shall be covered with
insulation having an R-value of not less than 7 and an outer layer of
aluminum foil before the cool-down and heat-up tests.
After the publication of the 1997 final rule, the Gas Appliance
Manufacturers Association (GAMA) contacted the Department and asserted
that the adoption of this insulation requirement in the DOE test
procedures will reduce the AFUE of many furnaces and boilers. GAMA
stated that for some units the reduced AFUE would be below the minimum
standard, while for others it would be below the qualifying levels for
many utility rebate programs.
As discussed in the preamble to the 1997 final rule, 62 FR at
26147, the requirement to insulate the flue collector box of power
burner units can be traced to language in prior DOE test procedures and
ANSI/ASHRAE Standard 103-1982. DOE has reviewed that language, and has
found that it was ambiguous, and was susceptible to a reasonable
interpretation that it did not apply to power vented units.
Furthermore, since 1983 furnace manufacturers, GAMA and Intertek
Testing Services (an independent testing laboratory contracted by GAMA
to administer its furnace and boiler Efficiency Certification Program)
have done efficiency tests on furnaces and boilers equipped with power
burners without insulating the flue gas collector box.
As discussed above, the Department did not intend to include any
provisions in the 1997 final rule which would affect the measured
efficiency for furnaces or boilers. Upon further consideration of the
above, the Department concludes that the requirement to insulate the
flue collector box could lower existing AFUE measurements. The
inclusion of this requirement would affect manufacturers' product
offerings and their participation in utility rebate programs.
Furthermore, it would add a testing burden on manufacturers, by
requiring them to re-test and re-certify existing units. Therefore in
today's interim final rule, DOE is deleting from its recently adopted
test procedure for furnaces and boilers the insulation requirement for
power burner units.
II. Procedural Requirements
A. Review Under the National Environmental Policy Act of 1969
The Department has concluded that this interim final rule falls
into a class of actions (categorical exclusion A5) that are
categorically excluded from the
[[Page 53509]]
National Environmental Policy Act of 1969 (NEPA) review because they
would not individually or cumulatively have a significant impact on the
human environment, as determined by DOE's regulations (10 CFR Part
1021, Appendix A to Subpart D) implementing the NEPA (42 U.S.C. 4321,
4331-35, 4341-47). Therefore this interim final rule does not require
an environmental impact statement or an environmental assessment
pursuant to NEPA.
B. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
Today's regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735, October 4, 1993.
Accordingly, today's action was not subject to review under the
Executive Order by the Office of Information and Regulatory Affairs.
C. Review Under Executive Order 12612, ``Federalism''
Executive Order 12612 (52 FR 41685, October 30, 1987) requires that
regulations or rules be reviewed for any substantial direct effects on
States, on the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among
various levels of government. If there are sufficient substantial
direct effects, then Executive Order 12612 requires preparation of a
Federalism assessment to be used in all decisions involved in
promulgating and implementing a regulation or a rule.
The interim final rule published today would not alter the
distribution of authority and responsibility to regulate in this area.
The interim final rule would only revise a currently applicable DOE
test procedure to improve existing testing methods, and to add
provisions that DOE might use in future standard setting. Accordingly,
DOE has determined that preparation of a federation assessment is
unnecessary.
D. Review Under Executive Order 12630, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights''
It has been determined pursuant to Executive Order 12630 (52 FR
8859, March 18, 1988) that this final rule would not result in any
Takings which might require compensation under the Fifth Amendment to
the United States Constitution.
The Department believes that a test procedure implementing a long-
established statutory mandate in a manner calculated to minimize
adverse economic impacts does not constitute a ``taking'' of private
property. Thus, testing under the appliance standards program does not
invoke the provisions of E.O. 12630.
E. Review Under the Paperwork Reduction Act
No new information or recordkeeping requirements are imposed by
this rulemaking. Accordingly, no OMB clearance is required under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
F. Review Under Executive Order 12988, ``Civil Justice Reform''
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the final regulations meet the relevant standards of Executive Order
12988.
G. Review Under Unfunded Mandates Reform Act of 1995
If any proposed or final rule includes a Federal mandate that may
result in expenditure by state, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year, the Unfunded Mandates Reform Act of 1995, signed into law on
March 22, 1995, requires an agency (prior to promulgation) to prepare a
budgetary impact statement and select the least costly, most cost
effective and least burdensome alternative that achieve the objectives
of the rule and is consistent with statutory requirements.
DOE has determined that the action promulgated today does not
include such a Federal mandate. Therefore, the requirements of the
Unfunded Mandates Act do not apply to this action.
H. Review Under Small Business Regulatory Enforcement Fairness Act of
1996
As required by 5 U.S.C. 801, DOE will report to Congress
promulgation of the rule prior to its effective date. 5 U.S.C. 801. The
report will state that it has been determined that the rule is not a
``major rule'' as defined by 5 U.S.C. 804(3).
III. Interim Final Rule
This Interim Final Rule revises a provision, concerning insulation
of the flue collector box, that is included in the 1997 final rule
promulgating test procedures for furnaces. The effective date of the
test procedures in 1997 the final rule is November 10, 1997. In order
to avoid confusion and unwarranted testing and compliance costs, DOE
concluded that this amendment to the 1997 final rule must be effective
on November 10,1997, and must be issued as promptly as possible.
Moreover based on the comments received in response to the 1993
proposed rule, the Department does not expect public comments objecting
to the change made by this interim final rule.
Therefore, the Department finds that it would be impracticable,
unnecessary and contrary to the public interest to have notice and
public comment prior to issuing the amendment set forth in this interim
final rule. However, the Department is providing for a post-publication
public comment period, and will respond to comments as appropriate in a
notice of final rulemaking.
IV. Public Comment
Interested persons are invited to participate in the rulemaking by
submitting data, comments, or information with respect to the test
procedures set forth in this notice to the address indicated at the
beginning of the notice.
Comments should be identified both on the envelope and on the
documents as ``Test Procedures for Furnaces/Boilers, Docket No. EE-RM-
93-501.'' Ten (10) copies are requested to be
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submitted. If possible, the Department would appreciate an electronic
copy of the comments on a 3.5'' diskette. The Department is currently
using WordPerfectTM 6.1. All submittals received by the date
specified at the beginning of this notice will be considered by the
Department of Energy before final action is taken on the interim final
rule.
Pursuant to the provisions of 10 CFR 1004.11, any person submitting
information which he or she believes to be confidential and exempt by
law from public disclosure should submit one complete copy of the
document and nine copies, if possible, from which the information
believed to be confidential has been deleted. The Department of Energy
will make its own determination with regard to the confidential status
of the information and treat it according to its determination.
Factors of interest to the Department of Energy when evaluating
requests to treat as confidential information that has been submitted
include: (1) A description of the items; (2) an indication as to
whether and why such items are customarily treated as confidential
within the industry; (3) whether the information is generally known by,
or available from, other sources; (4) whether the information has
previously been made available to others without obligation concerning
its confidentiality; (5) an explanation of the competitive injury to
the submitting person which would result from public disclosure; (6) an
indication as to when such information might lose its confidential
character due to the passage of time; and (7) why disclosure of the
information would be contrary to the public interest.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation,
Household appliances, Incorporation by reference.
Issued in Washington, DC, on September 5, 1997.
Joseph J. Romm,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, Part 430 of Chapter II
of Title 10, Code of Federal Regulations, is amended as set forth
below.
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
1. The authority citation for part 430 continues to read as
follows:
Authority: 42 U.S.C. 6291-6309.
Appendix N to Subpart B of Part 430--Uniform Test Method for
Measuring the Energy Consumption of Furnaces and Boilers
2. Section 6.0 in appendix N to subpart B of part 430 is revised to
read as follows:
* * * * *
6.0 Apparatus. The apparatus used in conjunction with the furnace
or boiler during the testing shall be as specified in section 7 of
ANSI/ASHRAE Standard 103-1993 except for the second paragraph of
section 7.2.2.2 and except for section 7.2.2.5, and as specified in
section 6.1 of this appendix.
* * * * *
[FR Doc. 97-27018 Filed 10-10-97; 8:45 am]
BILLING CODE 6450-01-P