Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30929

ballot as an importer and, in the case of

an order assessing handlers, one ballot

as an eligible handler.

(c) Proxy voting. Proxy voting is not

authorized, but an officer or employee

of an eligible corporate producer;

importer; and, in the case of an order

assessing handlers, handler; or an

administrator, executor, or trustee of an

eligible entity may cast a ballot on

behalf of such entity. Any individual so

voting in a referendum shall certify that

they are an officer or employee of the

eligible entity, or an administrator,

executor, or trustee of an eligible entity

and that such individual has the

authority to take such action. Upon

request of the referendum agent, the

individual shall submit adequate

evidence of such authority.

(d) Casting of ballots. All ballots are

to be cast by mail as instructed by the

Secretary.

§ 1240.203 Instructions.

The referendum agent shall conduct

the referendum, in the manner herein

provided, under the supervision of the

Administrator. The Administrator may

prescribe additional instructions, not

inconsistent with the provisions hereof,

to govern the procedure to be followed

by the referendum agent. Such agent

shall:

(a) Determine the period during

which ballots may be cast.

(b) Provide ballots and related

material to be used in the referendum.

The ballot shall provide for recording

essential information, including that

needed for ascertaining:

(1) Whether the person voting, or on

whose behalf the vote is cast, is an

eligible voter; and

(2) The quantity of honey or honey

products produced; imported; and, in

the case of an order assessing handlers,

handled.

(c) Give reasonable public notice of

the referendum:

(1) By utilizing available media or

public information sources, without

incurring advertising expense, to

publicize the voting period, method of

voting, eligibility requirements, and

other pertinent information. Such

sources of publicity may include, but

are not limited to, print and radio; and

(2) By such other means as said agent

may deem advisable.

(d) Mail to eligible producers;

importers; and in the case of an order

assessing handlers, handlers whose

names and addresses are known to the

referendum agent; the instructions on

voting; a ballot; and a summary of the

terms and conditions to be voted upon.

No person who claims to be eligible to

vote shall be refused a ballot.

(e) At the end of the voting period,

collect, open, number, and review the

ballots and tabulate the results in the

presence of an agent of a third party

authorized to monitor the referendum

process.

(f) Prepare a report on the referendum.

(g) Announce the results to the public.

§ 1240.204 Subagents.

The referendum agent may appoint

any individual or individuals necessary

to assist the agent in performing such

agent’s functions hereunder. Each

individual so appointed may be

authorized by the agent to perform any

or all of the functions which, in the

absence of such appointment, shall be

performed by the agent.

§ 1240.205 Ballots.

The referendum agent and subagents

shall accept all ballots cast. However, if

an agent or subagent deems that a ballot

should be questioned for any reason, the

agent or subagent shall endorse above

their signature, on the ballot, a

statement to the effect that such ballot

was questioned, by whom questioned,

why the ballot was questioned, the

results of any investigation made with

respect to the questionable ballot, and

the disposition of the questionable

ballot. Ballots invalid under this subpart

shall not be counted.

§ 1240.206 Referendum report.

Except as otherwise directed, the

referendum agent shall prepare and

submit to the Administrator a report on

the results of the referendum, the

manner in which it was conducted, the

extent and kind of public notice given,

and other information pertinent to

analysis of the referendum and its

results.

§ 1240.207 Confidential information.

All ballots cast and their contents and

all other information or reports

furnished to, compiled by, or in

possession of, the referendum agent or

subagents that reveal, or tend to reveal,

the identity or vote of any producer,

handler, or importer of honey or honey

products shall be held strictly

confidential and shall not be disclosed.

Dated: May 9, 2000.

Eric M. Forman,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–12152 Filed 5–12–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 431

[Docket No. EE–RM/STD–00–100]

RIN 1904–AB06

Energy Efficiency Program for

Commercial and Industrial Equipment:

Efficiency Standards for Commercial

Heating, Air Conditioning and Water

Heating Equipment

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Notice of document availability

and public workshop.

SUMMARY: The Energy Policy and

Conservation Act, as amended,

establishes energy efficiency standards

for certain commercial heating, air

conditioning and water heating

equipment and requires the Department

(DOE, Department or we) to administer

an energy conservation program for

these products. On October 29, 1999,

the American Society of Heating,

Refrigerating and Air-Conditioning

Engineers, Inc. (ASHRAE) and

Illuminating Engineering Society of

North America (IES) revised ASHRAE/

IES Standard 90.1, which contains

efficiency standards for these products.

This notice announces availability of

the report of the Screening Analysis the

Department has undertaken to assess

what action it should take with respect

to the efficiency levels now contained in

ASHRAE/IES Standard 90.1. The

Department invites comments and is

convening a public workshop on its

preliminary conclusions, on the

analysis, and on any additional

considerations that might affect the

Department’s decisions on which

standards to adopt or reject without

further analysis, and which to consider

further.

DATES: The Department must receive

written comments on or before July 31,

2000. The Department requests ten (10)

copies of the written comments and, if

possible, an electronic copy (31⁄2’’

diskette) in a form accessible to

WordPerfectTM 8. Oral views, data and

arguments may be presented at the

public workshop to be held in

Washington, DC, beginning at 9:30 a.m.

on July 11, 2000.

The Department must receive (1)

requests to speak at the workshop no

later than 4:00 p.m., June 23, 2000, and

(2) copies of statements to be given at

the public workshop no later than 4:00

30930 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

p.m., June 30, 2000. The length of each

oral presentation is limited to 15

minutes.

ADDRESSES: The workshop will be held

at the U.S. Department of Energy,

Forrestal Building, Room 1E–245, 1000

Independence Avenue, SW,

Washington, DC. Written comments,

statements, and requests to speak at the

workshop are to be submitted to Ms.

Brenda Edwards-Jones, U.S. Department

of Energy, Office of Energy Efficiency

and Renewable Energy, EE–41, 1000

Independence Avenue, SW,

Washington, DC 20585. You should

identify all such documents both on the

envelope and on the documents as

‘‘Energy Conservation Program for

Commercial Equipment: Screening

Analysis for Commercial HVAC

Standards, Docket No. EE–RM/STD–00–

100.’’

You can read the Screening Analysis

report and public comments received in

the Freedom of Information Reading

Room (Room No. 1E–190) at the U.S.

Department of Energy, Forrestal

Building, 1000 Independence Avenue,

SW, Washington, DC 20585, between

the hours of 9:00 a.m. and 4:00 p.m.,

Monday through Friday, except Federal

holidays. You can also obtain the

Screening Analysis report electronically

from the Office of Building Research

and Standards world wide web site at

the following URL address: [http://

www.eren.doe.gov/buildings/

codes_standards/index.htm].

The Screening Analysis report and

this notice both refer to certain industry

standards established by ASHRAE and

IES. These industry standards are

referenced hereafter by the single

comprehensive title ‘‘ASHRAE/IES

Standard 90.1–1999.’’ You can view this

standard at the Department of Energy’s

Freedom of Information Reading Room

at the address stated above. You can

also obtain copies from the American

Society of Heating, Refrigerating, and

Air-Conditioning Engineers, Inc., 1971

Tullie Circle, NE, Atlanta, GA 30329,

and you can obtain them electronically

at ASHRAE’s web site, [http://

www.ashrae.org/book/bookshop.htm].

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasseri, U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, Mail Station, EE–41,

1000 Independence Avenue, SW,

Washington, DC 20585, (202) 586–9138,

FAX (202) 586–4617, e-mail:

Cyrus.Nasseri@ee.doe.gov, or Edward

Levy, Esq., U.S. Department of Energy,

Office of General Counsel, Mail Station,

GC–72, 1000 Independence Avenue,

SW, Washington, DC 20585, (202) 586–

9507, e-mail: Edward.Levy@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Authority

B. Background

1. General

2. ASHRAE Action

3. Department of Energy Response

II. Discussion

A. Screening Analysis Results

B. DOE Interpretation

C. Products Not Included in the Screening

Analysis

D. Summary

III. Public Comment

A. Written Comment Procedures

B. Issues on Which Comments are

Requested

C. Public Workshop

1. Procedure for Submitting Requests to

Speak

2. Conduct of Workshop

I. Introduction

A. Authority

Part B of Title III of the Energy Policy

and Conservation Act (EPCA) of 1975,

Public Law 94–163, as amended, by the

National Energy Conservation Policy

Act of 1978 (NECPA), Pub. L. 95–619,

the National Appliance Energy

Conservation Act of 1987 (NAECA),

Pub. L. 100–12, the National Appliance

Energy Conservation Amendments of

1988 (NAECA 1988), Pub. L. 100–357,

and the Energy Policy Act of 1992

(EPACT), Pub. L. 102–486, established

the Energy Conservation Program for

Consumer Products other than

Automobiles. Part 3 of Title IV of

NECPA amended EPCA to add ‘‘Energy

Efficiency of Industrial Equipment,’’

which included air conditioners,

furnaces, and other types of equipment.

EPACT also amended EPCA with

respect to industrial equipment,

providing definitions, test procedures,

labeling provisions, energy conservation

standards, and authority to require

information and reports from

manufacturers. 42 U.S.C. 6311–6316.

For example, EPCA specifies explicit

minimum energy efficiency levels for

certain commercial packaged air

conditioning and heating equipment,

packaged terminal air conditioners and

heat pumps, warm air furnaces,

packaged boilers, water heaters and

unfired hot water storage tanks. 42

U.S.C. 6313(a)(1)–(5). The efficiency

requirements in the statute correspond

to the levels in ASHRAE/IES Standard

90.1 as in effect on October 24, 1992.

The statute further provides that if the

efficiency levels in ASHRAE/IES

Standard 90.1 are amended after that

date for any of the covered equipment,

the Secretary of Energy must establish

an amended uniform national standard

at the new minimum level for each

effective date specified in ASHRAE/IES

Standard 90.1, unless (s)he determines,

through a rulemaking supported by

clear and convincing evidence, that a

more stringent standard is

technologically feasible and

economically justified and would result

in significant additional energy

conservation. 42 U.S.C. 6313(a)(6)(A).

If the Secretary elects to publish such

a rule, it must contain the amended

standard, and the determination must

consider, to the greatest extent

practicable: the economic impact on the

manufacturers and consumers of the

affected products; savings in operating

cost throughout the life of the product,

compared to any increases in initial cost

or maintenance expense; the total

projected amount of energy savings

likely to result directly from the

imposition of the standard; any

lessening of the utility or performance

of the affected products; the impact of

any lessening of competition; the need

for national energy conservation; and

other factors the Secretary considers

relevant. The Secretary may not

prescribe such an amended standard if

(s)he finds (and publishes the finding)

that interested persons have established

by a preponderance of evidence that the

amended standard is likely to result in

unavailability in the United States of

products with performance

characteristics (including reliability),

features, sizes, capacities and volumes

that are substantially the same as those

generally available in the United States

at the time of the Secretary’s finding. 42

U.S.C. 6313(a)(6)(B).

Finally, the Secretary may not

prescribe any amended standard which

increases maximum allowable energy

use or decreases minimum required

energy efficiency. 42 U.S.C.

6313(a)(6)(B)(ii).

B. Background

1. General

As directed by Part B of Title III of

EPCA, the Department of Energy has

established an energy conservation

program for consumer products, and

certain commercial lighting products. 42

U.S.C. 6291–6309. This program

consists of four principal parts: test

procedures, Federal energy conservation

standards, labeling, and certification

and enforcement procedures. The

Federal Trade Commission (FTC) is

responsible for labeling, and the

Department implements the remainder

of the program as codified in Title 10 of

the Code of Federal Regulations (CFR),

Part 430—Energy Conservation Program

for Consumer Products.

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30931

Pursuant to the EPACT amendments

to EPCA in 1992, DOE extended its

program to cover commercial and

industrial equipment and created a new

Part 431 in Title 10 of the Code of

Federal Regulations, entitled, ‘‘Energy

Conservation Program for Commercial

and Industrial Equipment.’’ This part

includes commercial heating, air

conditioning and water heating

equipment. The new program consists

of: test procedures, Federal energy

conservation standards, labeling,

certification and enforcement

procedures. EPCA directs the

Department, rather than the FTC, to

administer the statute’s efficiency

labeling provisions under the new

program.

2. ASHRAE Action

On June 24, 1999, ASHRAE’s Board of

Directors provisionally approved

revisions to ASHRAE/IES Standard

90.1, subject to a formal appeal process.

Four appeals were filed, and an Appeals

Hearing was held on October 9, 1999.

The Appeals Panel recommended that

the appeals be dismissed, and the

ASHRAE Board approved the Appeals

Panel report in a special meeting on

October 29, 1999, thus concluding

ASHRAE’s process for amending the

Standard. The Standard indicates that

its commercial HVAC and water heater

equipment efficiencies will become

effective as part of the Standard two

years after final ASHRAE approval (i.e.,

on October 29, 2001).

ASHRAE changed the efficiency

standards for some products but not for

all. Of those products for which

standards did not change, some levels

were considered by ASHRAE in the

course of revising ASHRAE/IES

Standard 90.1 but left at their

preexisting values, while consideration

of other products was deferred. The

deferred products include standards for

commercial (3-phase) small air

conditioners and heat pumps (under 65

thousand Btu per hour), which are

closely related to consumer products for

which the Department is developing

standards under NAECA. The standard

levels in EPCA and ASHRAE/IES

Standard 90.1–1999 appear in Tables 1

and 2.

TABLE 1.—EPCA AND ASHRAE 90.1–1999 STANDARD LEVELS FOR AIR CONDITIONERS AND HEAT PUMPS

Equipment category Equipment subcategory EPCA section

Efficiency levels

EPCA ASHRAE 90.1–1999

Small Commercial Packaged Air Conditioning

and Heating Equipment.

AC/HP <65 kBtu/h Air

Cooled 3 Phase, Central

Split System.

Cooling Eff. .......................

342(a)(1)(A) .......................

Heating Eff. .......................

342(a)(1)(D) ......................

SEER 10.0 ........................

HSPF 6.8 ..........................

SEER 10.0

HSPF 6.8

AC/HP <65 kBtu/h Air

Cooled 3 Phase, Central

Single Package.

Cooling Eff. .......................

342(a)(1)(B) .......................

Heating Eff. .......................

342(a)(1)(E) .......................

SEER 9.7 ..........................

HSPF 6.6 ..........................

SEER 9.7

HSPF 6.6

AC/HP 65–135 kBtu/h Air

Cooled Central.

Cooling Eff. .......................

342(a)(1)(C) ......................

Heating Eff. .......................

342(a)(1)(F) .......................

EER 8.9 .............................

COP 3.0 ............................

EER 10.3

COP 3.2

AC/HP <65 kBtu/h Water

Cooled Evap. Cooled

Water-Source Central.

Cooling Eff. .......................

342(a)(1)(G) ......................

Heating Eff. .......................

Water-Source only

342(a)(1)(I).

EER 9.3 .............................

COP 3.8 ............................

EER 12.1

COP 4.2

AC/HP 65–135 kBtu/h

Water Cooled Evap.

Cooled Water-Source

Central.

Cooling Eff. .......................

342(a)(1)(H) ......................

Heating Eff. .......................

Water-Source only

342(a)(1)(I).

EER 10.5 ...........................

COP 3.8 ............................

EER 11.5

COP 4.2

Large Commercial Packaged Air Conditioning

and Heating Equipment.

AC/HP 135–240 kBtu/h Air

Cooled Central.

Cooling Eff. .......................

342(a)(2)(A) .......................

Heating Eff. .......................

342(a)(2)(B) .......................

EER 8.5 .............................

COP 2.9 ............................

EER 9.7

COP 3.1

AC/HP 135–240 kBtu/h

Water Cooled Evap.

Cooled Central.

Cooling Eff. .......................

342(a)(2)(A) .......................

No Heating Eff. .................

Requirement ......................

EER 9.6 ............................. EER 11.0

Packaged Terminal Air

Conditioners and Heat

Pumps.

PTAC/PTHP (Air Cooled) Cooling Eff. .......................

342(a)(3)(A) .......................

Heating Eff. .......................

342(a)(3)(B) .......................

EER varies by capacity .....

COP varies by capacity ....

EER and COP vary by capacity (different formulas)

Notes: SEER—Seasonal Energy Efficiency Ratio

HSPF—Heating Seasonal Performance Factor

EER—Energy Efficiency Ratio

COP—Coefficient Of Performance

AC—Air Conditioner

HP—Heat Pump

30932 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

PTAC—Package Terminal Air Conditioner

PTHP—Package Terminal Heat Pump

TABLE 2.—EPCA AND ASHRAE 90.1–1999 STANDARD LEVELS FOR FURNACES, BOILERS, AND STORAGE WATER

HEATERS

Equipment

category

Equipment

subcategory EPCA section

Efficiency levels

EPCA ASHRAE

90.1–1999

Warm Air Furnaces ........... ≥225,000 Btu/h .................. 342(a)(4)(A) ....................... Thermal Efficiency ............

80% Gas 81% Oil ...........

Thermal Efficiency

80% Gas 81% Oil.

Package Boilers ................ ≥300,000 Btu/h ..................

Gas Fired ..........................

Oil Fired ............................

Gas-fired Eff. 342(a)(4)(C)

Oil Fired Eff. 342(a)(4)(D)

Combustion Efficiency ......

80% Gas ...........................

83% Oil .............................

Combustion Efficiency.

80% Gas

83% Oil.

Storage Water Heaters ..... Electric .............................. Standby Loss 342(a)(5)(A) 0.3 + 27/Va ....................... 20 + 35 √V.

≤155,000 Btu/h and V≤ 40

gal.

Thermal Eff. and Standby

Loss 342(a)(5)(B).

Thermal Eff. 78% Standby

Loss Varies by Volume.

Thermal Eff. 80% Standby

Loss Varies by Volume.

>155,000 Btu/h and V>140

gal.

Thermal Eff. and Standby

Loss 342(a)(5)(C).

Thermal Eff. 78% Standby

Loss Varies by Volume.

Thermal Eff. 80% Standby

Loss Varies by Volume.

Instantaneous Water .........

Heaters ..............................

V<10 gal Instantaneous .... Thermal Eff. 342(a)(5)(D) Thermal Eff. 80% .............. Thermal Eff. 80%.

10 gal < V < 140 gal Instantaneous.Thermal Eff. and Standby

Loss 342(a)(5)(E).

Thermal Eff. 77% Standby

Loss Varies by Volume.

Thermal Eff. 80% Standby

Loss Varies by Volume.

Storage Tanks ................... V ≤140 gal Unfired ............ Heat Loss 342(a)(5)(F) ..... Heat Loss 6.5 Btu/hr/ft 2 .... Heat Loss 6.5 Btu/hr/ft 2.

Storage Water Heaters

and Storage Tanks >140

gal.

Prescriptive 342(a)(5)(G) .. R–12.5, IID ........................ R–12.5, IID.

3. Department of Energy Response

In response to ASHRAE’s action, the

Department initiated a Screening

Analysis to aid the Department in

deciding what action it should take at

this point with respect to the efficiency

levels in ASHRAE/IES Standard 90.1–

1999. The Screening Analysis report is

available as discussed above. See

‘‘Addresses.’’

After receiving comments in response

to this Announcement, the Department

expects to pursue, for each product

category, one of four courses of action:

• Adopt the ASHRAE/IES Standard

90.1–1999 efficiency level as a uniform

national standard;

• Reject the ASHRAE/IES Standard

90.1–1999 efficiency level if it increases

maximum allowable energy use or

decreases minimum required efficiency;

• Propose consideration of an

addendum to ASHRAE/IES Standard

90.1–1999 if ASHRAE did not consider

a more efficient level, and a more

efficient level appears warranted; or

• Propose consideration of an

addendum to ASHRAE/IES Standard

90.1–1999 and undertake a more

thorough evaluation to determine

whether a rulemaking is justified, if

ASHRAE considered amending or

amended the standard, and a more

efficient level appears warranted than is

contained in ASHRAE/IES Standard

90.1–1999.

After consideration of comments

received on the notice and analysis, we

expect to issue a final rule adopting as

minimum national standards the

updated ASHRAE 90.1–1999 standards

for some or all of the commercial

product categories listed in Sections II–

B and C of this notice as candidates for

immediate adoption. We intend to issue

another notice for comment if, based on

the comments received or further

analysis, we conclude that ASHRAE

90.1–1999 standards should be adopted

for any additional products.

II. Discussion

A. Screening Analysis Results

In conducting the Screening Analysis,

the Department used existing data from

industry and other sources, including,

among others, analysis performed for

ASHRAE in support of its deliberations

over the new ASHRAE/IES Standard

90.1–1999 efficiency levels. For each

product category, the Department

estimated the likely cost of achieving

several higher technologically feasible

efficiency levels and then calculated for

each such level the corresponding rate

of energy consumption required to

fulfill the product’s function. Applying

appropriate climate data, typical

building design characteristics,

inventories of buildings in different

regions of the country, equipment sales

volumes, and economic discount rates

and energy prices, DOE computed cost/

benefit measures corresponding to the

hypothetical efficiency levels and also

estimated the nationwide energy and

net cost savings, if any, that would

result from more stringent standards

than the levels in ASHRAE/IES

Standard 90.1–1999.

For the products analyzed, the

Department examined the range of

efficiency levels specified in EPCA and

ASHRAE/IES Standard 90.1–1999, as

well as more efficient levels, including

those associated with the most efficient

product now available in the market and

with the lowest life-cycle cost. For each

level above the EPCA standard, DOE

estimated: (1) The incremental national

energy and carbon emission savings that

would result from a standard set at that

level, and (2) the net nationwide direct

economic benefit, represented by the net

present value (NPV), that would result

from a standard set at that level, as

compared to the corresponding

ASHRAE/IES Standard 90.1–1999 and

EPCA standards.

Table 3 lists the products studied in

the Screening Analysis, and shows for

each the efficiency level that

corresponds to the product’s lowest

average life-cycle cost, taking into

account both the costs of efficiency

improvements and the savings from

reduced energy consumption. In

addition, where that efficiency level is

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30933

above the level specified for the product

in ASHRAE/IES Standard 90.1–1999,

Table 3 shows the following potential

benefits that would result over the

period from 2004 to 2030 from setting

a standard at the higher level:

• The estimated nationwide energy

savings, measured in trillions of Btu

(TBtu);

• The estimated net nationwide direct

economic benefit, represented by the net

present value (NPV); and

• The estimated reductions in

atmospheric carbon emissions, in

millions of tons.

TABLE 3.—ENERGY SAVINGS, NET PRESENT VALUE AND CARBON EMISSIONS REDUCTIONS AT THE ENERGY EFFICIENCY

LEVELS WITH THE LOWEST LIFE-CYCLE-COST

Product category

Efficiency

level at minimum lifecycle cost

Relative to ASHRAE 90.1–1999

National

energy

savings

(TBtu)

National

total NPV

(millions of

1998 $’s)

National

carbon

emission

reductions

(million

tons)

3-Phase Single Package Air Source AC <65 kBtu/h ...................................................... 12.0 1,412.7 897.7 21

Central Air Source AC 135–240 kBtu/h .......................................................................... 10.4 428.8 417.9 6

Packaged Terminal Air Conditioners ............................................................................... 10.5 311.7 274.7 5

3-Phase Split Air Source AC <65 kBtu/h ........................................................................ 11.0 278.6 109.1 4

Packaged Terminal Heat Pumps ..................................................................................... 9.9 249.0 241.9 4

Small Gas-Fired Boilers ≤2.5 mmBtu .............................................................................. 78.7% 200.0 146.0 3

3-Phase Single Package Air Source HP <65 kBtu/h ...................................................... 12.0 183.6 91.3 3

Tankless Gas Instantaneous Water Heaters .................................................................. 81.5% 102.0 45.3 2

Large Gas-Fired Boilers 2.5 mmBtu ................................................................................ *85.3% 79.0 86.6 1

3-Phase Split Air Source HP <65 kBtu/h ........................................................................ 12.0 66.4 47.0 1

Central, Water Source HP 17–65 kBtu/h ........................................................................ 12.5 65.0 23.0 1

Central Air Source HP 135–240 kBtu/h .......................................................................... 10.4 31.4 3.2 1

Electric Water Heater (120 gal) ....................................................................................... 1.0 6.6 1.1 0

Central Water Cooled AC 65–135 kBtu/h ....................................................................... 12.4 2.7 0.8 0

Central Water Cooled AC 135–240 kBtu/h ..................................................................... 11.5 2.5 3.0 0

Central Air Source AC 65–135 kBtu/h ............................................................................ 10.3 0.0 0.0 0

Central Air Source HP 65–135 kBtu/h ............................................................................ 10.1 0.0 0.0 0

Central Water Cooled AC <65 kBtu/h ............................................................................. 12.1 0.0 0.0 0

Central Water Source HP <17 kBtu/h ............................................................................. 11.2 0.0 0.0 0

Central Water Source HP 65–135 kBtu/h ....................................................................... 12.0 0.0 0.0 0

Gas-Fired Warm Air Furnaces ≥225 kBtu/h .................................................................... 77.5% 0.0 0.0 0

Gas Storage Water Heaters ≤155 kBtu/h ....................................................................... 80.0% 0.0 0.0 0

Gas Storage Water Heaters >155 kBtu/h ....................................................................... 80.4% 0.0 0.0 0

Instantaneous Gas Water Heaters with Tanks ............................................................... 80.0% 0.0 0.0 0

*Efficiency shown is shipment-averaged value of Large Steam Boilers (76%–81%), and Large Hot Water Boilers (78%–88%)

When Table 3 shows a zero for a

product in all three of these categories,

the efficiency level that corresponds

with the product’s lowest average life

cycle cost is the same as the level

specified in ASHRAE/IES Standard

90.1–1999.

B. DOE Interpretation

Of the products included in the

Screening Analysis, DOE believes the

following appear not to warrant

standards that are more stringent than

those in ASHRAE/IES Standard 90.1–

1999. DOE considers the ASHRAE/IES

Standard 90.1–1999 efficiency levels for

these products to be appropriate

candidates for immediate adoption as

uniform national standards.

• Central Water Source Heat Pumps,

17 kBtu/h—65 kBtu/h

• Central Water Cooled Air

Conditioners, 65 kBtu/h—135 kBtu/h

• Central Water Cooled Air

Conditioners, 135 kBtu/h—240 kBtu/h

• Central Air Source Air

Conditioners, 65 kBtu/h—135 kBtu/h

• Central Air Source Heat Pumps, 65

kBtu/h—135 kBtu/h

• Central Water Cooled Air

Conditioners, <65 kBtu/h

• Central Water Source Heat Pumps,

<17 kBtu/h

• Central Water Source Heat Pumps,

65 kBtu/h—135 kBtu/h

• Gas-Fired Warm Air Furnaces, ≥225

kBtu/h

• Gas Storage Water Heaters, ≤155

kBtu/h

• Gas Storage Water Heaters, >155

kBtu/h

• Gas Instantaneous Water Heaters

with Tanks

In all except the first three of the

above product categories, the ASHRAE/

IES Standard 90.1–1999 efficiency

levels are the same as the levels

identified in the Screening Analysis as

achieving the lowest life-cycle costs. For

the central water-source heat pumps

between 17 and 65 thousand Btu/hour,

and the two sizes of central watercooled air conditioners between 65 and

240 thousand Btu/hour, the efficiency

levels corresponding to minimum lifecycle cost are slightly higher than

ASHRAE’s, but the total estimated

cumulative energy savings that would

be achieved cost-effectively by adopting

the three higher levels would amount to

only 70 trillion Btu between 2004 and

2030. This compares with 2.4

quadrillion Btu in nationwide savings

over that period that DOE expects as a

result of the changes from the standards

embodied in EPACT for the twelve

product categories listed above to those

contained in ASHRAE/IES Standard

90.1–1999.

Of the remainder, for four categories

of 3-phase air conditioners and heat

pumps with capacities under 65,000 Btu

per hour, the Screening Analysis

indicates that efficiency standards

higher than those in ASHRAE/IES

Standard 90.1–1999 might well have

significant energy savings potential and

economic benefits. Adopting the

30934 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

efficiency levels corresponding to the

lowest average life-cycle cost for all four

of these product categories would result

in estimated cost-effective nationwide

cumulative energy savings of 1.9

quadrillion Btu between 2004 and 2030.

However, these products were not

addressed by ASHRAE in revising

Standard 90.1, and DOE has tentatively

decided not to take action to adopt a

standard at this time with respect to

these products. Based on the Screening

Analysis, DOE is inclined to encourage

ASHRAE to consider adoption of an

addendum to ASHRAE Standard 90.1–

1999 and will support ASHRAE in its

future deliberations concerning these

products in conjunction with ongoing

development of NAECA standards for

similar, but single phase, residential

equipment. Should ASHRAE amend the

efficiency standards for these air

conditioners or heat pumps in the

future, DOE will then act on such

amendments as required by EPCA. The

four categories of 3-phase air

conditioners and heat pumps with

capacities under 65,000 Btu per hour

are:

• 3-phase Single Package Air Source

Air Conditioners, <65 kBtu/h;

• 3-phase Split Air Source Air

Conditioners, <65 kBtu/h;

• 3-phase Single Package Air Source

Heat Pumps, <65 kBtu/h; and

• 3-phase Split System Air Source

Heat Pumps, <65 kBtu/h.

For seven of the eight remaining

product categories analyzed in the

Screening Analysis, ASHRAE amended

the efficiency standards contained in

ASHRAE/IES Standard 90.1, but there

appear to be significant, cost-effective

energy savings that might result from

standards that are even more stringent.

Adopting efficiency levels

corresponding to minimum average

product life-cycle cost for all seven of

these categories would cost-effectively

produce estimated cumulative energy

savings amounting to 1.4 quadrillion

Btu over the period from 2004 to 2030.

These savings would more than double

the 1.1 quadrillion Btu over the same

period that DOE anticipates as a result

of the corresponding amendments

already contained in ASHRAE/IES

Standard 90.1–1999. For each of these

products, DOE is inclined to propose

consideration of an addendum to

ASHRAE/IES Standard 90.1–1999,

based on the Screening Analysis, and to

undertake a more thorough evaluation

to determine whether a rulemaking is

justified under the terms of EPCA.

These products are the following:

• Central air-source air conditioners,

135 kBtu/h—240 kBtu/h;

• Central air-source heat pumps, 135

kBtu/h—240 kBtu/h;

• Packaged terminal air conditioners;

• Packaged terminal heat pumps;

• Small gas-fired steam and hot water

boilers, 0.3 MMBtu/h—2.5 MMBtu/h;

and

• Large gas-fired steam and hot water

boilers, > 2.5 MMBtu/h.

• Tankless Gas Instantaneous Water

Heaters

For one product category, electric

water heaters, the new efficiency level

in ASHRAE/IES Standard 90.1–1999

appears to increase energy consumption

relative to the standard in EPCA. If this

is true, the original standard should

remain in force, since EPCA stipulates

that the standards it contains cannot be

relaxed. Therefore, DOE is inclined not

to adopt the requirement in ASHRAE/

IES Standard 90.1–1999 for this

product.

C. Products Not Included in the

Screening Analysis

Several commercial products were not

analyzed in the Screening Analysis:

• Central Air Source Heat Pumps, 135

kBtu/h—240 kBtu/h (heating

performance)

• Central Air Source Heat Pumps, 65

kBtu/h—135 kBtu/h (heating

performance)

• 3-Phase Single Package Air Source

Heat Pumps, <65 kBtu/h (heating

performance)

• 3-Phase Split Air Source Heat

Pumps, <65 kBtu/h (heating

performance)

• Packaged Terminal Heat Pumps

(heating performance)

• Central Water Source Heat Pumps,

<135 kBtu/h (heating performance)

• Water Source Heat Pumps, 135

kBtu/h—240 kBtu/h

• Evaporatively Cooled Air

Conditioning Products

• Oil-Fired Warm Air Furnaces, ≥225

kBtu/h

• Oil-Fired Storage Water Heaters,

≤155 kBtu/h

• Oil-Fired Storage Water Heaters,

>155 kBtu/h

• Tankless Oil-Fired Instantaneous

Water Heaters

• Oil-Fired Instantaneous Water

Heaters with Tanks

• Small Oil-Fired Steam and Hot

Water Boilers, 0.3 MMBtu/h–2.5

MMBtu/h

• Large Oil-Fired Steam and Hot

Water Boilers, >2.5 MMBtu/h

• Unfired hot water storage tanks

DOE did not include these products

in the Screening Analysis because of

insufficient data describing baseline

energy consumption and cost-efficiency

relationships, small markets for the

products in question or lack of product

shipment data, or in the case of the

heating performance of heat pumps, the

absence of a suitable methodology to

discriminate their heating function from

that of supplemental heat sources with

which they are often used.

The products and performance

characteristics that were not analyzed in

detail fall into groups as follows:

• Heating coefficients of performance

(COP) and heating seasonal performance

factors (HSPF) for all heat pump

product categories;

• Efficiencies of water-cooled air

conditioners and heat pumps with

capacities between 65 kBtu/h and 135

kBtu/h;

• Evaporatively cooled airconditioning products;

• Oil-fired warm air furnaces, storage

and instantaneous water heaters, and

packaged boilers; and

• Unfired hot water storage tanks

DOE believes that the water-cooled

and evaporatively cooled air

conditioning products, oil-fired warm

air furnaces and water heaters, and

unfired hot water storage tanks have

small markets and are unlikely to

represent significant potential energy

savings, so the Department plans to

adopt ASHRAE/IES Standard 90.1–1999

standards for these products. Since the

heating COP is closely related to cooling

efficiency for heat pumps, DOE does not

plan to adopt yet the heating COP levels

contained in ASHRAE/IES Standard

90.1–1999 for: (1) three-phase heat

pumps with capacities under 65

thousand Btu per hour, which ASHRAE

did not address in formulating Standard

90.1–1999; (2) central air-source heat

pumps with capacities between 135

thousand and 240 thousand Btu per

hour, which would be the subject of

further analysis with respect to cooling

as a result of the Screening Analysis;

and (3) packaged terminal heat pumps,

which also would be the subject of

further analysis of their cooling

performance. For all other heat pumps

covered by EPCA, DOE considers the

amended ASHRAE/IES Standard 90.1–

1999 COP levels to be appropriate

candidates for immediate adoption as

uniform national standards. Finally,

DOE recognizes that ASHRAE did not

evaluate the efficiency levels for

packaged oil-fired boilers explicitly, and

the published values in ASHRAE/IES

Standard 90.1–1999 were tied to the

corresponding efficiencies for gas-fired

boilers. Since DOE is inclined to

evaluate the gas-fired boilers as a result

of the Screening Analysis, the

Department also anticipates waiting for

that evaluation to be complete before

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30935

adopting efficiency standards for the

equivalent oil-fired products.

D. Summary

Table 4 summarizes the actions DOE

is inclined to take for all of the product

categories in light of the Screening

Analysis.

TABLE 4.—PLANNED DOE ACTIONS

Product category Action

3-Phase Single Package Air Source AC <65 kBtu/h ............................... Encourage ASHRAE/IES Addendum

Central Air Source AC 135–240 kBtu/h ................................................... Evaluate Further/Encourage ASHRAE/IES Addendum

Packaged Terminal Air Conditioners ........................................................ Evaluate Further/Encourage ASHRAE/IES Addendum

3-Phase Split Air Source AC <65 kBtu/h ................................................. Encourage ASHRAE/IES Addendum

Packaged Terminal Heat Pumps ............................................................. Evaluate Further/Encourage ASHRAE/IES Addendum

Small Gas-Fired Boilers 0.3–2.5 MMBtu/h ............................................... Evaluate Further/Encourage ASHRAE/IES Addendum

3-Phase Single Package Air Source HP <65 kBtu/h ............................... Encourage ASHRAE/IES Addendum

Tankless Gas-Fired Instantaneous Water Heaters .................................. Evaluate Further/Encourage ASHRAE/IES Addendum

Large Gas-Fired Boilers >2.5MMBtu ........................................................ Evaluate Further/Encourage ASHRAE/IES Addendum

3-Phase Split Air Source HP <65 kBtu/h ................................................. Encourage ASHRAE/IES Addendum

Central, Water Source HP 17–65 kBtu/h ................................................. Adopt ASHRAE/IES Standard 90.1–1999

Central Air Source HP 135–240 kBtu/h ................................................... Evaluate Further/Encourage ASHRAE/IES Addendum

Electric Water Heater ............................................................................... Leave EPCA Standard in Force

Central Water Cooled AC 65–135 kBtu/h ................................................ Adopt ASHRAE/IES Standard 90.1–1999

Central Water Cooled AC 135–240 kBtu/h .............................................. Adopt ASHRAE/IES Standard 90.1–1999

Central Air Source AC 65–135 kBtu/h ..................................................... Adopt ASHRAE/IES Standard 90.1–1999

Central Air Source HP 65–135 kBtu/h ..................................................... Adopt ASHRAE/IES Standard 90.1–1999

Central Water Cooled AC <65 kBtu/h ...................................................... Adopt ASHRAE/IES Standard 90.1–1999

Central Water Source HP <17 kBtu/h ...................................................... Adopt ASHRAE/IES Standard 90.1–1999

Central Water Source HP 65–135 kBtu/h ................................................ Adopt ASHRAE/IES Standard 90.1–1999

Gas-Fired Warm Air Furnaces ≥225 kBtu/h ............................................. Adopt ASHRAE/IES Standard 90.1–1999

Gas Storage Water Heaters ≤155 kBtu/h ................................................ Adopt ASHRAE/IES Standard 90.1–1999

Gas Storage Water Heaters >155 kBtu/h ................................................ Adopt ASHRAE/IES Standard 90.1–1999

Gas-Fired Instantaneous Water Heaters with Tank ................................. Adopt ASHRAE/IES Standard 90.1–1999

Water Source HP, 135–240 kBtu/h .......................................................... Adopt ASHRAE/IES Standard 90.1–1999

Evaporatively Cooled AC Products .......................................................... Adopt ASHRAE/IES Standard 90.1–1999

Oil-Fired Warm Air Furnaces, ≥225 kBtu/h .............................................. Adopt ASHRAE/IES Standard 90.1–1999

Oil-Fired Storage Water Heaters, ≤155 kBtu/h ........................................ Adopt ASHRAE/IES Standard 90.1–1999

Oil-Fired Storage Water Heaters, >155 kBtu/h ........................................ Adopt ASHRAE/IES Standard 90.1–1999

Tankless Oil-Fired Instantaneous Water Heaters .................................... Adopt ASHRAE/IES Standard 90.1–1999

Oil-Fired Instantaneous Water Heaters with Tanks ................................. Adopt ASHRAE/IES Standard 90.1–1999

Small Oil-Fired Boilers, 0.3–2.5 MMBtu/h ................................................ Evaluate Further (with Gas-Fired Boilers)

Large Oil-Fired Boilers, >2.5 MMBtu/h ..................................................... Evaluate Further (with Gas-Fired Boilers)

Unfired Hot Water Storage Tanks ............................................................ Adopt ASHRAE/IES Standard 90.1–1999

Nationwide, the effect of replacing

EPCA efficiency levels for the product

categories included in the Screening

Analysis with those contained in

ASHRAE/IES Standard 90.1–1999

would be to save an estimated 3.5

quadrillion Btu between 2004 and 2030

and to reduce carbon emissions into the

atmosphere by approximately 51

million tons over the same period. DOE

plans not to adopt the ASHRAE/IES

Standard 90.1–1999 efficiency levels for

twelve of these product categories. If

DOE were to adopt standards

corresponding to minimum life-cycle

costs for the twelve categories, the

additional energy savings would

amount to 3.4 quadrillion Btu, and

carbon emissions would further

decrease by 49 million tons. The present

value of the associated net cost savings

would be $2.4 billion.

III. Public Comment

A. Written Comment Procedures

The Department invites interested

persons to submit data, comments, or

information with respect to the subjects

addressed in this notice to Ms. Brenda

Edwards-Jones, at the address indicated

at the beginning of the notice. The

Department will consider all

submissions received by the date

specified at the beginning of this notice

in deciding on the disposition of

amended standards.

Under 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 ten

(10) 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

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.

B. Issues on Which Comments Are

Requested

The Department is particularly

interested in receiving comments and

views of interested parties concerning:

(1) The analysis contained in the

Screening Analysis report announced in

this notice, (2) DOE’s interpretation of

the results, (3) DOE’s planned treatment

30936 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

of product categories not included in

the Analysis, and (4) information or

evidence that bears on the adoption of

ASHRAE/IES Standard 90.1–1999

efficiency levels as uniform national

standards under the terms of EPCA. The

Department encourages those who wish

to offer comments to obtain the

Screening Analysis report and to

address its contents. However,

respondents need not limit their

statements to the topics covered in the

study, as the Department is interested in

receiving views concerning any other

issues that participants believe would

affect the suitability of ASHRAE/IES

Standard 90.1–1999 efficiency standards

for commercial water heaters, boilers,

furnaces, air conditioners and heat

pumps. For example, comments might

include additional evidence, not

uncovered in the Screening Analysis,

bearing on the technological feasibility

and economic justification of more

stringent uniform national standards

than those in ASHRAE/IES Standard

90.1–1999 and on the significance of the

energy conservation that would result

from adopting them. Comments might

also include evidence as to whether any

standards more stringent than the ones

specified in ASHRAE/IES Standard

90.1–1999 are likely to result in

unavailability in the United States of

products with performance

characteristics (including reliability),

features, sizes, capacities and volumes

that are substantially the same as those

generally available in the United States

now.

After the period for written

comments, the Department will

consider the views submitted in

formulating rules regarding uniform

energy efficiency standards for

commercial water heaters, boilers,

furnaces, air conditioners and heat

pumps.

C. Public Workshop

1. Procedure for Submitting Requests To

Speak

You will find the time and place of

the public workshop listed at the

beginning of this notice. We invite any

person who has an interest in today’s

notice, or who is a representative of a

group or class of persons that has an

interest in these issues, to request an

opportunity to make an oral

presentation. If you would like to attend

the public workshop, please notify Ms.

Brenda Edwards-Jones at (202) 586–

2945. You may hand deliver requests to

speak to the address indicated at the

beginning of this notice between the

hours of 8:00 a.m. and 4:00 p.m.,

Monday through Friday, except Federal

holidays, or you may send them by

mail.

The person making the request should

state why he or she, either individually

or as a representative of a group or class

of persons, is an appropriate

spokesperson; briefly describe the

nature of the interest in the proceeding;

and provide a telephone number for

contact. We request each person

selected to be heard to submit an

advance copy of his or her statement at

least one week prior to the date of this

workshop as indicated at the beginning

of this notice. We, at our discretion, may

permit any person wishing to speak who

cannot meet this requirement to

participate if that person has made

alternative arrangements with the Office

of Building Research and Standards in

advance. The letter making a request to

give an oral presentation must ask for

such alternative arrangements.

2. Conduct of Workshop

We will conduct the workshop in an

informal, conference style. We may use

a professional facilitator to facilitate

discussion, and a court reporter will

record the transcript of the meeting. We

will present summaries of comments

received before the workshop, allow

time for presentations by workshop

participants, and encourage all

interested parties to share their views on

issues affecting this proceeding. The

comment period closes on July 31, 2000

in order to allow interested parties an

opportunity to comment on the matters

raised at the workshop, as well as on

any other aspect of the proceeding. The

public workshop agenda is expected to

cover the topics listed in the preceding

Section III. B., Issues on Which

Comments Are Requested.

We will arrange for a transcript of the

workshop and will make the entire

record of this proceeding, including the

transcript, available for inspection in

the Department’s Freedom of

Information Reading Room. Any person

may purchase a copy of the transcript

from the transcribing reporter.

Issued in Washington, DC, on May 8, 2000.

Dan W. Reicher,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 00–12112 Filed 5–12–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE161; Notice No. 23–00–02–

SC]

Special Conditions: Installation of Full

Authority Digital Engine Control

(FADEC) System on Morrow Aircraft

Corporation Model MB–300 Airplane

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed special

conditions.

SUMMARY: This notice proposes special

conditions for the Morrow Aircraft

Corporation Model MB–300, which will

use a FADEC System. This airplane will

have a novel or unusual design feature

associated with the installation of an

engine that uses an electronic engine

control system in place of the engine’s

mechanical system. The applicable

airworthiness regulations do not contain

adequate or appropriate safety standards

for this design feature. These proposed

special conditions contain the

additional safety standards that the

Administrator considers necessary to

establish a level of safety equivalent to

that established by the existing

airworthiness standards.

DATES: Comments must be received on

or before June 14, 2000.

ADDRESSES: Comments on this proposal

may be mailed in duplicate to: Federal

Aviation Administration, Regional

Counsel, ACE–7, Attention: Rules

Docket, Docket No. CE161, DOT

Building, 901 Locust, Kansas City,

Missouri 64106, or delivered in

duplicate to the Regional Counsel at the

above address. Comments must be

marked: Docket No. CE161. Comments

may be inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT:

Randy Griffith, Aerospace Engineer,

Federal Aviation Administration,

Aircraft Certification Service, Small

Airplane Directorate, ACE–111, 901

Locust, Room 301, Kansas City,

Missouri, 816–329–4126, fax 816–329–

4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

Interested persons are invited to

participate in the making of these

proposed special conditions by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the