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[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Proposed Rules]
[Pages 26198-26199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11025]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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

[[Page 26198]]

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.

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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-TP-0004. 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

[[Page 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
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