This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

26198 

Vol. 80, No. 88 

Thursday, May 7, 2015 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2013–BT–TP–0004] 

RIN 1904–AC94 

Energy Conservation Program for 

Consumer Products: Test Procedures 

for Direct Heating Equipment and Pool 

Heaters 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition to extend test 

procedure compliance date and request 

for comment. 

SUMMARY: This notice announces a 

petition from Williams Furnace 

Company (Williams) requesting that the 

Department of Energy (DOE) extend the 

compliance date for the direct home 

heating equipment and pool heaters test 

procedure final rule published on 

January 6, 2015 by 180 days, with 

respect to Williams. The compliance 

date for the direct home heating 

equipment and pool heaters test 

procedure final rule is July 6, 2015. 

Williams states in its petition that due 

to a clarification in the vented home 

heating equipment test procedure, this 

timeframe for compliance does not 

provide Williams sufficient time to 

conduct further testing and complete 

any required design modifications to 

meet the standard using the new test 

procedure. DOE seeks comment on 

Williams’ petition to extend the 

compliance date, with respect to 

Williams, for the direct heating 

equipment test procedure by 180 days. 

DATES: DOE will accept comments with 

respect to Williams’ petition until May 

22, 2015. 

ADDRESSES: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the 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;D=EERE-2013-BT-TP0004. This Web page contains a link to 

the docket for this notice on the 

www.regulations.gov site. The 

www.regulations.gov Web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

For information on how to review the 

docket, contact Ms. Brenda Edwards at 

(202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mr. John Cymbalsky, 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) 287–1692. Email: 

John.Cymbalsky@ee.doe.gov. 

Sarah Butler, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–1777. Email: 

Sarah.Butler@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

DOE published a final rule on January 

6, 2015 amending the test procedures 

for vented home heating equipment and 

pool heaters (referred to hereafter as 

‘‘2015 test procedure final rule’’). 80 FR 

792. Pursuant to 42 U.S.C. 6293(c)(2), 

effective 180 days after DOE prescribes 

or establishes a new or amended test 

procedure, manufacturers must make 

representations of energy efficiency, 

including certifications of compliance, 

using that new or amended test 

procedure. Accordingly, the mandatory 

compliance date for the 2015 test 

procedure final rule is July 6, 2015. The 

Energy Policy and Conservation Act of 

1975 (EPCA), Public Law 94–163 

(codified at 42 U.S.C. 6291–6309) 

provides that on the petition of any 

manufacturer, distributor, retailer, or 

private labeler, filed not later than the 

60th day before the expiration of the 

period involved, the 180-day period 

may be extended by the Secretary with 

respect to the petitioner (but in no event 

for more than an additional 180 days) if 

the Secretary determines that the 

requirements under 42 U.S.C. 6293(c)(2) 

would impose an undue hardship on 

such petitioner. (42 U.S.C. 6293(c)(3)) 

On March 19, 2015, DOE received a 

petition from Williams requesting that 

DOE extend the compliance date of the 

2015 test procedure final rule by 180 

days, with respect to Williams. The 

basis of the petition is DOE’s 

clarification that section 4.3, ‘‘Annual 

fuel utilization efficiency by the tracer 

gas method,’’ of the vented home 

heating equipment test procedure 

located at Appendix O to Subpart B of 

Part 430 (section 4.3), applies only to 

vented home heating equipment 

equipped with thermal stack dampers. 

Under the amended test procedure, only 

vented home heating equipment 

equipped with thermal stack dampers 

may use the tracer gas method to test 

annual fuel utilization efficiency 

(AFUE). Williams states in the petition 

that based on its observations at a third 

party lab, it has been using the tracer gas 

test method to test vented home heating 

equipment not equipped with thermal 

stack dampers since 2011. According to 

the petition, due to the clarification to 

section 4.3, the compliance time frame 

to transition to the amended test 

procedure does not provide Williams 

sufficient time to conduct further testing 

and complete any necessary design 

modifications to its models of vented 

home heating equipment without 

thermal stack dampers. Williams states 

that without the 180-day extension of 

the July 6, 2015 compliance date, it 

could potentially be at a competitive 

disadvantage in the heater marketplace. 

Williams states that granting the 

extension will remove the burden of 

conducting the aforementioned testing 

and possible design modifications by 

July 6, 2015 and will allow Williams the 

necessary time to manage the transition 

to the amended vented home heating 

equipment test procedure. 

DOE seeks comment on Williams’ 

petition to extend the July 6, 2015 

compliance date for the 2015 test 

procedure final rule by 180 days, with 

respect to Williams. 

Issued in Washington, DC, on April 29, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Williams Furnace Company PETITION 

Before the United States Department of 

Energy 

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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Proposed Rules 26199 

Office of Energy Efficiency and Renewable 

Energy 

In the Matter of: Docket No. EERE–2011–BT– 

TP–0042, RIN: 1904–AC94, Energy 

Conservation Program for Consumer 

Products: Test Procedures for Direct 

Heating Equipment and Pool Heaters; Final 

Rule. 

10 CFR part 430 

Petition for Reconsideration 

Via Email: john.cymbalsky@ee.doe.gov 

Mr. John Cymbalsky 

Office of Energy Efficiency and Renewable 

Energy 

Building Technologies Program, EE–2J 

U.S. Department of Energy 

1000 Independence Ave. SW. 

Washington, DC 20585 

Re: Petition to Extend Implementation Date 

of July 6, 2015 Test Procedure 

Dear Mr. Cymbalsky: 

This firm represents Williams Furnace 

Company (Williams) and respectfully 

submits this Petition to Extend 

Implementation Date of July 6, 2015 on 

behalf of Williams. 

In the Energy Conservation Program for 

Consumer Products: Test Procedures for 

Direct Heating Equipment and Pool Heaters; 

Final Rule, FR, Vol. 80, No. 3 (6 Jan. 2015), 

pp. 792–815, the U.S. Department of Energy 

(DOE) issued a notice of a Final Rule revising 

the annual flue utilization efficiency (AFUE) 

test procedures for vented direct heating 

equipment and pool heaters. The Final Rule 

became effective February 5, 2015 and 

compliance becomes mandatory starting July 

6, 2015. For the following reasons, Williams 

requests a 180-day extension of the July 6, 

2015 effective date, which is the maximum 

allowed by statute. 

Section 4.3 of the Final Rule, ‘‘Annual fuel 

utilization efficiency by the tracer gas 

method’’ has been changed to apply only to 

vented heaters equipped with thermal stack 

dampers. FR, Vol. 80, No. 3 (6 Jan. 2015), p. 

811. Prior to the recent change, the AFUE test 

procedures stated that ‘‘All other types of 

vented heaters can elect to use the following 

tracer gas method, as an optional procedure.’’ 

It appears that DOE believes that heater 

manufacturers do not use the tracer gas 

method to test heaters without thermal stack 

dampers and do not use such testing results 

to calculate the AFUE for such units. 

Therefore, it appears that the DOE considers 

this a clarification of the AFUE test 

procedure and not a change to the AFUE test 

procedure. 

In FR, Vol. 80, No. 3, Section III.C.3. Other 

Issues, page 798, the DOE states the 

following: 

‘‘For the reasons described previously, 

DOE clarifies that the optional use of the 

tracer gas method does not apply to units 

without thermal stack dampers. DOE has 

determined this clarification will not impose 

any additional burden on manufacturers, 

since units without thermal stack dampers 

are already commonly rated using the 

calculation method in 4.1 or 4.2. Moreover, 

the DOE has determined that disallowing the 

tracer gas method for units without thermal 

stack dampers will not affect efficiency 

ratings, since it is highly unlikely that 

manufacturers have rated units without 

thermal stack dampers using the tracer gas 

method.’’ 

Though Williams agrees with the concept 

of the DOE’s ‘‘clarification’’ of the AFUE test 

procedures for vented heaters without 

thermal stack dampers, the Final Rule 

clarification presents a significant issue for 

Williams and places an unnecessary burden 

on our company. Williams is a long-time 

furnace manufacturer which has been in 

business nearly 100 years. All of Williams’ 

vented heaters are manufactured without 

thermal stack dampers. Williams has used 

the tracer gas method for testing AFUE in its 

vented heaters without thermal stack 

dampers since May 2011. 

Williams began to use the tracer gas 

method to test the AFUE in its vented heaters 

without thermal stack dampers after visiting 

Intertek Testing Services, Inc. (Intertek) in 

Cortland, NY, on March 15, 2011. Jesus Rios 

of Williams met with Intertek’s Gregory King 

and Daniel Bilodeau to discuss and to 

confirm that Williams’ test method for AFUE 

testing for vented heaters without thermal 

stack dampers was identical to Intertek’s test 

method for AFUE testing for vented heaters 

without thermal stack dampers. As you 

know, Intertek Testing Services, Inc. is the 

facility approved by and utilized by the DOE. 

While at Intertek, Jesus Rios noticed that 

Intertek was using a different test method for 

AFUE testing of vented heaters without 

thermal stack dampers than Williams was 

using. Jesus Rios asked Intertek what test 

method Intertek was using for AFUE testing 

of vented heaters without thermal stack 

dampers. Intertek confirmed to Jesus Rios 

that Intertek was using the tracer gas method 

to test the AFUE in vented heaters without 

thermal stack dampers. Subsequently, upon 

Jesus Rios’ return to Williams’ facility in 

Colton, CA, he researched the tracer gas 

method and contacted Intertek to find out 

what equipment was necessary to perform 

the tracer gas method to test the AFUE in 

vented heaters without thermal stack 

dampers. Thereafter, Williams purchased the 

necessary equipment to perform the trace gas 

method to test the AFUE in vented heaters 

without thermal stack dampers. 

In May 2011, Williams began using the 

tracer gas method to test the AFUE in vented 

heaters without thermal stack dampers after 

conducting some test runs to make sure 

Williams was performing the tracer gas 

method test properly and could confirm that 

the Williams’ tracer as method test results 

were similar to the tracer gas method test 

results achieved by Intertek on March 15, 

2011, when Intertek tested the Williams’ 

vented heaters without thermal stack 

dampers. Williams has been using the tracer 

gas method to test the AFUE in vented 

heaters without thermal stack dampers 

continuously since May 2011 up to the 

present time. The tracer gas method 

procedure allows for an actual measurement 

of the draft factor using carbon monoxide, 

instead of using a standard draft factor of 

one. Williams believes that the tracer gas 

method is a more accurate measurement of 

the AFUE. 

The time frame from now to July 6, 2015, 

does not provide Williams sufficient time to 

conduct further testing of and to complete 

any required design modification to any 

models of Williams’ vented heaters without 

thermal stack dampers that might be 

marginally close to passing the required 

AFUE standards because of the 

implementation of the Final Rule disallowing 

the tracer gas method to test the AFUE in 

vented heaters without thermal stack 

dampers. Without the 180-day extension of 

the July 6, 2015 effective date in order to 

perform the afore-stated testing of and any 

necessary design modification to its 

products, Williams could potentially be at a 

competitive disadvantage in the heater 

marketplace. 

An extension of the July 6, 2015 date does 

not disadvantage consumers or hamper the 

DOE’s regulatory activities. Granting the 

extension of time will allow Williams to 

improve its products where necessary and to 

ensure Williams’ compliance with the 

required AFUE standards. Delaying the July 

6, 2015 date by 180 days will remove the 

unnecessary burden on Williams of having to 

conduct testing on all of models of Williams’ 

vented heaters without thermal stack 

dampers in the next three and one-half 

months and will allow Williams the 

necessary time to manage the transition to 

the Final Rule revising the AFUE test 

procedures. For the foregoing reasons, 

Williams requests that the DOE grant 

Williams a 180-day extension of the July 6, 

2015 effective date of the Final Rule. 

Respectfully submitted, 

WIEZOREK & PAYNE 

ANTHONY F. WIEZOREK 

AFW/le 

[FR Doc. 2015–11025 Filed 5–6–15; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2013–BT–STD–0007; EERE–2013– 

BT–STD–0021] 

Commercial Package Air Conditioners 

and Commercial Warm Air Furnaces 

Working Group: Notice of Open 

Meetings and Webinar 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of open meetings and 

webinars. 

SUMMARY: This document announces a 

series of meetings of the Commercial 

Package Air Conditioners and 

Commercial Warm Air Furnaces 

Working Group (CAUC CWAF Working 

Group). The Federal Advisory 

Committee Act requires that agencies 

publish notice of an advisory committee 

meeting in the Federal Register. 

DATES: See SUPPLEMENTARY INFORMATION

section for meeting dates. 

ADDRESSES: Unless otherwise specified 

in the SUPPLEMENTARY INFORMATION

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