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•

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Federal Register 

### IVol. 65, No. 94 

### IMonday, May 15, 2000 

### IProposed Rules 30929

ballot as an importer and, in the case of
an order assessing handlers, oneballot
as an eligible handler.

(c) Proxy

### voting. Proxy voting is not authorized, but an officer or employee ofan eligible corporate producer; importer; and, in the case ofan order assessing handlers, handler; or an administrator, executor, or trustee ofan eligible entity may cast a ballot on behalfofsuch entity. Any individual so voting in a referendum shall certify that they are an officer or employee ofthe eligible entity, or an administrator, executor, or trustee ofan eligible entity and that such individual has the authorityto take such action. Upon request ofthe referendum agent, the individual shall submit adequate evidence ofsuch authority.

(d) 

### Casting of ballots. All ballots are to be castby mail as instructedby the Secretary. § 1240.203 Instructions.

The referendum agent shall conduct the referendum, inthe mannerherein provided, underthe supervision ofthe Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions hereof, to govern the procedureto be followed by the referendum agent. Such agent shall:

(a) Determine the period during whichballots maybe cast.

(b) Provide ballots and related materialto be used in thereferendum. The ballot shall provide for recording essential information, includingthat needed for ascertaining:

(1) Whetherthe person voting, or on whosebehalfthe vote is cast, is an eligible voter; and

(2) The quantity ofhoney or honey products produced; imported; and, in the case ofan order assessing handlers, handled.

(c) Give reasonable public notice of thereferendum:

(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 ofpublicity may include, but
are not limitedto, print and radio; and

(2) By such othermeans as said agent may deem advisable.

(d) Mail to eligible producers; importers; and in the case ofan order assessing handlers, handlers whose
names and addresses are known to the referendum agent; the instructions on voting; a ballot; and a summary ofthe terms and conditions to be voted upon. No personwho claims to be eligible to vote shall be refused a ballot. (e) At the end ofthe voting period, collect, open, number, andreview the ballots and tabulate the results in the presence ofan agent ofa third party authorized to monitor the referendum process.

(f) Prepare a report onthereferendum. (g) Announce theresults to the public.
§ 1240.204 Subagents.

Thereferendum 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 authorizedby the agent to perform any or all ofthe functions which, inthe absence ofsuch appointment, shall be performedbythe agent.
§ 1240.205 Ballots.

The referendum agent and subagents shall accept all ballots cast. However, if

an agent or subagent deems that a ballot shouldbe questioned for anyreason, the agent or subagent shall endorse above their signature, ontheballot, a statement to the effect that suchballot
was questioned, by whom questioned, whythe ballot was questioned, the results ofany investigation made with respect to the questionable ballot, and the disposition ofthe questionable ballot. Ballots invalid underthis subpart shall notbe counted.
§ 1240.206 Referendum report.

Except as otherwise directed, the referendum agent shall prepare and submitto the Administrator a report on the results ofthe referendum, the
manner in which it was conducted, the extent andkind ofpublic notice given, and other informationpertinent to analysis ofthe referendum and its results.
§ 1240.207 Confidential information.

All ballots cast and their contents and all other information or reports furnished to, compiledby, or in possession of, thereferendum agent or subagents thatreveal, or tend to reveal, the identity or vote ofanyproducer, handler, or importer ofhoney or honey products shall be held strictly confidential and shall not be disclosed.

Dated: May 9, 2000. Eric M. Forman, DeputyAdministrator,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 ofEnergy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice ofdocument availability and workshop.

SUMMARY: The Energy Policy and Conservation Act, as amended, establishes energy efficiency standards for certain commercial heating, air conditioning and water heating equipment andrequires the Department (DOE, Department or we) to administer
an energy conservation program for these products. On October 29,1999, theAmerican Society ofHeating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) and Illuminating Engineering Society of North America (IES) revised ASHRAEI IES Standard 90.1, which contains efficiency standards for these products. This notice announces availability of thereport ofthe Screening Analysis the Departmenthas undertaken to assess what action it shouldtake 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, onthe analysis, and on any additional considerations that might affect the Department's decisions onwhich standards to adopt orreject without further analysis, and which to consider further. DATES: The Department mustreceive written comments on or before July 31, 2000. The Departmentrequests ten (10) copies ofthe written comments and, if possible, an electronic copy (3'12" diskette) in a form accessible to WordPerfectTM 8. Oral views, data and arguments maybe presented at the public workshop to be held in Washington, DC, beginning at 9:30 a.m. onJuly 11, 2000.

The Department mustreceive (1) requests to speak at the workshop no later than 4:00 p.m., June 23, 2000, and (2) copies ofstatements 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 ofeach oral presentation is limitedto 15 minutes.
ADDRESSES: 

### The workshop will beheld at the U.S. Department ofEnergy, Forrestal Building, Room lE-245, 1000 IndependenceAvenue, SW, Washington, DC. Written comments, statements, andrequests to speak at the workshop are to be submitted to Ms. Brenda Edwards-Jones, U.S. Department ofEnergy, Office ofEnergy Efficiency andRenewable Energy, EE-41, 1000 Independence Avenue, SW, Washington, DC 20585. You should identify all such documentsboth onthe envelope and onthe documents as "Energy Conservation Program for Commercial Equipment: Screening Analysis for Commercial HVAC Standards, Docket No. EE-RM/STD-OO100."

You can read the Screening Analysis report and public comments received in theFreedom ofInformation Reading Room (Room No. lE-190) at the U.S. Department ofEnergy, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC 20585, between thehours of9:00 a.m. and4:00 p.m., Monday through Friday, except Federal holidays. You can also obtain the Screening Analysis report electronically from the Office ofBuildingResearch and Standards world wide web site at the following URL address: [http:// www.eren.doe.gov/buildings/ codes_standards/index.html.

The Screening Analysis report and this notice bothrefer to certain industry standards establishedby ASHRAE and IES. These industry standards are referenced hereafter by the single comprehensive title "ASHRAE/IES Standard 90.1-1999." You can viewthis standard atthe Department ofEnergy's Freedom ofInformation Reading Room at the address stated above. You can also obtain copies from the American Society ofHeating, Refrigerating, and Air-Conditioning Engineers, Inc., 1971 Tullie Circle, NE, Atlanta, GA 30329, andyou can obtain them electronically atASHRAE's web site, [http:// www.ashrae.org/booklbookshop.html. FOR FURTHER INFORMATION CONTACT: 

### Cyrus H. Nasseri, U.S. Department of Energy, Office ofEnergy 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 ofEnergy, Office ofGeneral 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 ofEnergy 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 onWhich Comments are

Requested C. Public Workshop 1. Procedure for Submitting Requests to

Speak 2. Conduct ofWorkshop 

### I. Introduction A.

### Authority

Part B ofTitle III ofthe 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, andtheEnergy Policy Act of 1992 (EPACT), Pub. L. 102-486, established the Energy Conservation Program for Consumer Products other than Automobiles. Part 3 ofTitle IV of NECPA amended EPCA to add "Energy Efficiency ofIndustrial Equipment," which included air conditioners, furnaces, and other types ofequipment.

EPACT also amendedEPCA with respect to industrial equipment, providing definitions, test procedures, labeling provisions, energy conservation standards, and authority to require information andreports 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, packagedboilers, water heaters and unfired hot water storage tanks. 42 U.S.C. 6313(a)(1)-(5). The efficiency requirements in the statute correspond tothe levels in ASHRAE/IES Standard 90.1 as in effect on October 24,1992. The statute further provides that ifthe efficiency levels inASHRAE/IES Standard 90.1 are amended after that date for any ofthe covered equipment, the Secretary ofEnergy must establish
an amendeduniform national standard atthe 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 economicallyjustified and wouldresult in significant additional energy conservation. 42 U.S.C. 6313(a)(6)(A).



### Ifthe Secretary elects to publish such
a rule, itmust contain the amended standard, and the determination must consider, to the greatest extent practicable: the economic impact onthe manufacturers and consumers ofthe affected products; savings in operating cost throughout the life ofthe product, compared to any increases ininitial cost
or maintenance expense; the total projected amount ofenergy savings likely to result directly from the imposition ofthe standard; any lessening ofthe utility or performance ofthe affected products; the impact of any lessening ofcompetition; 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 ofevidence that the amended standard is likely to result in unavailability in the United States of products with performance characteristics (including reliability), features, sizes, capacities andvolumes that are substantiallythe same as those generally available in the United States atthe time ofthe Secretary's finding. 42 U.S.C. 6313(a)(6)(B).

Finally, the Secretary may not prescribe any amended standardwhich 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 ofTitle III of EPCA, the Department ofEnergy has established an energy conservation program for consumerproducts, and certain commercial lighting products. 42 U.S.C. 6291-6309. This program consists offour principal parts: test procedures, Federal energy conservation standards, labeling, and certification and enforcementprocedures. The Federal Trade Commission (FTC) is responsible for labeling, andthe Department implements the remainder oftheprogram as codified inTitle 10 of the Code ofFederal Regulations (CFR), Part43D-Energy Conservation Program for Consumer Products.

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### 30931

Pursuantto the EP ACT amendments to EPCA in 1992, DOE extended its program to cover commercial and industrial equipment and created a new Part 431 inTitle 10 ofthe 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 newprogram 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 OnJune 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 commercialHVAC and water heater equipment efficiencies willbecome effective as part ofthe Standardtwo years after final ASHRAE approval (i.e.,
on 

### October 29, 2001). ASHRAE changed

### the efficiency standards for some products but not for all. Ofthose products for which standards did not change, some levels

were consideredby ASHRAE in the

course ofrevising ASHRAE/IES Standard 90.1 but left at their preexisting values, while consideration ofother 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 inEPCA and ASHRAE/IES Standard 90.1-1999 appear inTables 1 and 2.

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

Equipment category Equipment subcategory

Small Commercial Pack- AC/HP <65 kBtulh Air

aged Air Conditioning Cooled 3 Phase, Central and Heating Equipment. Split System.

AC/HP <65 kBtu/h Air

Cooled 3 Phase, Central Single Package.

AC/HP 65-135 kBtu/h Air

Cooled Central.

AC/HP <65 kBtu/h Water

Cooled Evap. Cooled Water-Source Central.

AC/HP 65-135 kBtu/h

Water Cooled Evap. Cooled Water-Source Central.

Large Commercial Pack- AC/HP 135-240 kBtu/h Air

aged Air Conditioning Cooled Central. and Heating Equipment.

AC/HP 135-240 kBtu/h Water Cooled Evap. Cooled Central.

Packaged Terminal Air PTAC/PTHP (Air Cooled)

Conditioners and Heat Pumps.

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 Efficiency levels EPCA section EPCA ASHRAE 90.1-1999 Cooling Eft.



### ....................... SEER 10.0



## . ....................... SEER 10.0 342(a)(1)(A)

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



### .......................... HSPF 6.8 Heating Eft

. 

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



### ...................... Cooling Eft.



### ....................... SEER 9.7



### .......................... SEER 9.7 342(a)(1)(B)

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



### .......................... HSPF 6.6 Heating Eft.



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

....................... Cooling Eft.



### ....................... EER 8.9

............................. EER 10.3 342(a)(1)(C)



### ...................... COP 3.0



### ............................ COP 3.2 Heating Eft

. 

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

....................... Cooling Eft.



### ....................... EER 9.3

............................. EER 12.1 342(a)(1)(G)

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

............................ COP 4.2 Heating Eft

. ....................... Water-Source only

342(a)(1)(1). Cooling Eft.



### ....................... EER 10.5

........................... EER 11.5 342(a)(1)(H)



### ...................... COP 3.8



### ............................ COP 4.2 Heating Eft

. 

### ....................... Water-Source only

342(a)(1)(I). Cooling Eft.

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

............................. EER 9.7 342(a)(2)(A)

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

............................ COP 3.1 Heating Eft.

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

....................... Cooling Eft

. ....................... EER 9.6

............................. EER 11.0 342(a)(2)(A)

....................... NoHeatingEff.

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

............. ......... Cooling Eft.



### ....................... EER varies by capacity

..... EER and COP vary by ca342(a)(3)(A)

....................... COP varies by capacity

.... pacity (different forHeating Eft.



### ....................... mulas) 342(a)(3)(B)

.......................

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### 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
Efficiency levels Equipment Equipment EPCA section category subcategory EPCA ASHRAE 90.1-1999

Warm Air Furnaces

...........**~25,000** Btu/h

.................. 342(a)(4)(A)

....................... Thermal Efficiency



### ............ Thermal Efficiency 80% Gas 81% Oil

........... 80% Gas 81% Oil. Package Boilers

................ <!300,000 Btu/h

.................. Gas-fired Eft. 342(a)(4)(C) Combustion Efficiency

...... Combustion Efficiency. Gas Fired

.......................... Oil Fired Eft. 342(a)(4)(0) 80% Gas

........................... 80% Gas Oil Fired

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

............................. 83% Oil. Storage Water Heaters

..... Electric

.............................. Standby Loss 342(a)(5)(A) 0.3 + 27Na

....................... 20 + 35 ..,JV.**~155,000** Btu/h and**V~** 40 Thermal Eft. and Standby Thermal Eft. 78% Standby Thermal Eft. 80% Standby gal. Loss 342(a)(5)(B). Loss Varies by Volume. Loss Varies by Volume. >155,000 Btu/h and V>140 Thermal Eft. and Standby Thermal Eft. 78% Standby Thermal Eft. 80% Standby

gal. Loss 342(a)(5)(C). Loss Varies by Volume. Loss Varies by Volume.

Instantaneous Water

......... V<10 gal Instantaneous

.... Thermal Eft. 342(a)(5)(0) Thermal Eft. 80%

.............. Thermal Eft. 80%. Heaters

.............................. 10 gal < V < 140 gal In- Thermal Eft. and Standby Thermal Eft. 77% Standby Thermal Eft. 80% Standby stantaneous. Loss 342(a)(5)(E). Loss Varies by Volume. Loss Varies by Volume. Storage Tanks

................... V**~140** gal Unfired

............ Heat Loss 342(a)(5)(F)

..... Heat Loss 6.5 BtU/hrlft 2

.... Heat Loss 6.5 Btu/hr/fF. Storage Water Heaters Prescriptive 342(a)(5)(G)

.. R-12.5, 110

........................ R-12.5,1I0.

and Storage Tanks >140 gal.

3. Department ofEnergy Response

Inresponse to ASHRAE's action, the Department initiated a Screening Analysis to aidtheDepartment in deciding what action it shouldtake at this pOint with respect to the efficiency levels inASHRAEiIES Standard 90.1- 1999. The Screening Analysis report is available as discussed above. See "Addresses."

After receiving comments inresponse to this Announcement, the Department expects to pursue, for each product category, one offour courses ofaction:

• Adopt the ASHRAEiIES Standard 90.1-1999 efficiency level as a uniform national standard;

• Reject the ASHRAEiIES Standard 90.1-1999 efficiency level ifit increases maximum allowable energy use or decreases minimumrequired efficiency;

• Propose consideration ofan addendumto ASHRAEiIES Standard 90.1-1999 ifASHRAE did not consider
a more efficient level, and a more efficient level appears warranted; or

• Propose consideration ofan addendumto ASHRAEiIES Standard 90.1-1999 and undertake a more thorough evaluationto determine whether a rulemaking is justified, if ASHRAE considered amending or amended the standard, and a more efficient level appears warrantedthan is contained inASHRAEiIES Standard 90.1-1999. After consideration ofcomments 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 ofthe commercial product categories listed in Sections lIB and C ofthis notice as candidates for immediate adoption. We intendto issue another notice for comment if, based on the comments received or further analysis, we concludethatASHRAE 90.1-1999 standards shouldbe adopted for any additional products. 

## n. Discussion
A. 

### ScreeningAnalysisResults

In conductingthe Screening Analysis, the Departmentused existing data from industry and other sources, including, among others, analysis performed for ASHRAE in support ofits deliberations
over the new ASHRAE/IES Standard 90.1-1999 efficiency levels. For each product category, the Department estimatedthelikely cost ofachieving several higher technologically feasible efficiency levels andthen calculated for each such level the corresponding rate ofenergy consumption required to fulfill the product's function. Applying appropriate climate data, typical building design characteristics, inventories ofbuildings in different regions ofthe country, equipment sales volumes, and economic discount rates and energy prices, DOE computed 

### costl benefit measures corresponding to the hypothetical efficiency levels and also estimated the nationwide energy and net cost savings, ifany, that would result from more stringent standards thanthe levels in ASHRAE/IES Standard 90.1-1999.

For the products analyzed, the Department examinedthe range of efficiency levels specified inEPCA and ASHRAE/IES Standard 90.1-1999, as well as more efficient levels, including those associated with the most efficient product now available inthe market and withthe lowest life-cycle cost. For each level above the EPCA standard, DOE estimated: (1) The incremental national energy and carbon emission savings that wouldresult from a standard set at that level, and (2) the netnationwide direct economic benefit, represented by the net presentvalue (NPV), that wouldresult from a standard set at that level, as comparedto the corresponding ASHRAE/IES Standard 90.1-1999 and EPCA standards.

Table 3 lists the products studied in the Screening Analysis, and shows for eachthe efficiency level that corresponds to the product's lowest average life-cycle cost, taking into accountboththe costs ofefficiency improvements andthe savings from reduced energy consumption. In addition, where thatefficiency level is

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above the level specifiedfor theproduct in ASHRAE/IES Standard 90.1-1999, Table 3 shows the following potential benefits that would result overthe period from 2004 to 2030 from setting
a standard atthe higher level: • The estimated nationwide energy savings, measured intrillions ofBtu (TBtu);

• The estimated net nationwide direct economic benefit, representedby the net presentvalue (NPV); and • The estimated reductions in atmospheric carbonemissions, in millions oftons.

TABLE 3.-ENERGY SAVINGS, NET PRESENT VALUE AND CARBON EMISSIONS REDUCTIONS AT THE ENERGY EFFICIENCY LEVELS WITH THE LOWEST LiFE-CYCLE-COST

Relative to ASHRAE 90.1-1999 Efficiency National Product category level at min- National National carbon imum life- energy total NPV emission cycle cost savings (millions of reductions (TBtu) 1998 $'s) (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%)

WhenTable 3 shows a zero for a product in all three ofthese categories, the efficiency level that corresponds withthe product's lowest average life cycle cost is the same as the level specified in ASHRAE/IES Standard 90.1-1999. B. DOEInterpretation

Ofthe products included inthe Screening Analysis, DOE believes the following appear not to warrant standards that are more stringentthan those in ASHRAE/IES Standard 90.1- 1999. DOE considers the ASHRAE/IES Standard 90.1-1999 efficiency levels for these productstobe 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 AirFurnaces, :2:225 

### 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 ofthe above product categories, the ASHRAEI 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 heatpumps between 17 and 65 thousand 

### Btu/hour, and the two sizes ofcentral watercooled air conditioners between 65 and 240 thousand 

### Btu/hour, the efficiency levels corresponding to minimum lifecycle cost are slightlyhigher than ASHRAE's, butthe total estimated cumulative energy savings that would be achieved cost-effectively by adopting the three higher levels would amount to only 70 trillion Btubetween 2004 and 2030. This compares with 2.4 quadrillion Btu in nationwide savings
over thatperiodthat DOE expects as a result ofthe changes from the standards embodied inEPACT for the twelve productcategories listed above to those contained in ASHRAE/IES Standard 90.1-1999.

Ofthe remainder, for four categories of3-phase air conditioners andheat pumps with capacities under 65,000 Btu perhour, the ScreeningAnalysis 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

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efficiency levels corresponding to the lowest average life-cycle cost for all four ofthese product categories wouldresult 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 inrevising Standard 90.1, andDOE has tentatively decided not to take actionto adopt a standard at this time withrespectto these products. Based onthe Screening Analysis, DOE is inclined to encourage ASHRAE to consider adoption ofan addendum to ASHRAE Standard 90.1- 1999 and will supportASHRAE in its future deliberations concerningthese products in conjunction with ongoing development ofNAECA standards for similar, but single phase, residential equipment. ShouldASHRAE amendthe efficiency standards for these air conditioners orheatpumps inthe future, DOE willthen act on such amendments as required by EPCA. The four categories of 3-phase air conditioners andheatpumps with capacities under 65,000 Btu perhour
are:

• 3-phase Single Package Air Source Air Conditioners, <65 kBtu/h;

• 3-phase SplitAir SourceAir Conditioners, <65 kBtu/h;

• 3-phase SinglePackage Air Source Heat Pumps, <65 kBtu/h; and

• 3-phase Split System Air Source HeatPumps, <65 kBtu/h.

For seven ofthe eight remaining product categories analyzed inthe Screening Analysis, ASHRAE amended the efficiency standards contained in ASHRAE/IES 

### Standard 90.1, but there appearto 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 periodthat DOE anticipates as a result ofthe corresponding amendments already contained in ASHRAE/IES 

### Standard 90.1-1999. For each ofthese products, DOE is inclinedto propose consideration ofan addendum to ASHRAE/IES 

### Standard 90.1-1999, based onthe Screening Analysis, andto undertake a more thorough evaluation to determine whether a rulemaking is justified undertheterms ofEPCA. Theseproducts 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 inEPCA. If

### this is true, the original standard should remain in force, since EPCA stipulates that the standards it contains cannotbe relaxed. Therefore, DOE is inclinednot to adopt the requirement in ASHRAEI 

### IES Standard 90.1-1999 for this product. C. 

### Products Not Included in the ScreeningAnalysis

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 SplitAir 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 CooledAir Conditioning Products

• Oil-Fired Warm Air Furnaces,**~225** 

### kBtu/h

• Oil-Fired Storage Water Heaters, :5155 kBtu/h

• Oil-Fired Storage Water Heaters, >155 kBtu/h

• Tankless Oil-Fired Instantaneous Water Heaters

• Oil-Fired Instantaneous Water Heaters withTanks

• Small Oil-Fired Steam andHot Water Boilers, 0.3 MMBtu/h-2.5 MMBtu/h

• Large Oil-Fired Steam andHot Water Boilers, >2.5 MMBtu/h

• Unfired hotwater storage tanks DOE didnot include these products inthe Screening Analysis because of insufficient data describing baseline energy consumption and cost-efficiency relationships, small markets for the products in question or lack ofproduct shipment data, or inthe case ofthe heating performance ofheat pumps, the absence ofa suitable methodology to discriminate their heating function from that ofsupplemental heat sources with whichthey are often used.

Theproducts and performance characteristics that were not analyzed in detail fall into groups as follows:

• Heating coefficients ofperformance (COP) and heating seasonal performance factors (HSPF) for all heatpump product categories;

• Efficiencies ofwater-cooled air conditioners andheat 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 packagedboilers; and

• Unfired hot water storage tanks DOE believes that the water-cooled and evaporatively cooled air conditioning products, oil-fired warm air furnaces and waterheaters, 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. Sincethe heating COP is closely related to cooling efficiency for heat pumps, DOE does not planto adoptyet the heating COP levels contained in ASHRAE/IES 

### Standard 90.1-1999 for: (1) three-phase heat pumps with capacities under 65 thousand Btu perhour, whichASHRAE 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, whichwouldbe the subject of further analysis withrespect to cooling
as a result ofthe Screening Analysis; and (3) packaged terminal heat pumps, which also wouldbe the subject of further analysis oftheir cooling performance. For all other heat pumps coveredby 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 didnot evaluate the efficiency levels for packaged oil-fired boilers explicitly, and the publishedvalues inASHRAE/IES 

### Standard 90.1-1999 were tiedto the corresponding efficiencies for gas-fired boilers. SinceDOE is inclined to evaluate the gas-firedboilers as a result ofthe Screening Analysis, the Department also anticipates waiting for that evaluationto be completebefore

## EE-RM/STD-OO-1

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 inclinedto take for all ofthe product categories in light ofthe 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 ASHRAElIES 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 kBtulh

................................................. Encourage ASHRAEIIES Addendum Central, Water Source HP 17-65 kBtu/h

................................................. Adopt ASHRAElIES Standard 90.1-1999 Central Air Source HP 135-240 kBtu/h

................................................... Evaluate Further/Encourage ASHRAEIIES 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 ASHRAElIES Standard 90.1-1999 Central Water Cooled AC <65 kBtulh

...................................................... Adopt ASHRAElIES Standard 90.1-1999 Central Water Source HP <17 kBtulh

...................................................... 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 ASHRAElIES Standard 90.1-1999 Gas Storage Water Heaters $155 kBtu/h

................................................ Adopt ASHRAEIIES 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 ASHRAElIES 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 ASHRAEIIES Standard 90.1-1999



### Nationwide, the effect ofreplacing EPCA efficiency levels for the product categories included inthe Screening Analysis with those contained in ASHRAE/IES 

### Standard 90.1-1999 

### wouldbe to save an estimated 3.5 

### quadrillion Btu between 2004 

### and 2030 

### andto reduce carbon emissions into the atmosphereby approximately 51 

### milliontons over the same period. DOE plans not to adopt the ASHRAE/IES 

### Standard 90.1-1999 

### efficiency levels for twelve ofthese product categories. If 

### DOE were to adopt standards correspondingto minimum life-cycle costs for the twelve categories, the additional energy savings would amountto 3.4 

### quadrillion Btu, and carbon emissions would further decrease by 49 

### million tons. The present value ofthe associated net cost savings wouldbe $2.4 

### billion. ITI. Public 

### Comment
A. 

### Written Comment Procedures

The Department invites interested personsto submit data, comments, or information with respect to the subjects addressed inthis notice to Ms. Brenda Edwards-Jones, at the address indicated at thebeginning ofthe notice. The Department will consider all submissionsreceivedby the date specified atthe beginning ofthis notice in deciding onthe disposition of amended standards.

Under the provisions of 10 

### CFR 1004.11, 

### any person submitting information whichhe or shebelieves to be confidential and exemptby law from public disclosure should submit one complete copy ofthe document andten (10) 

### copies, ifpossible, from whichthe informationbelieved to be confidential has been deleted. The Department of Energy will make its own determination withregard to the confidential status of the information and treat it according to its determination.

Factors ofinterest to the Department when evaluating requests to treat as confidential information thathas been submitted include: (1) 

### A description of the items; (2) an indication as to whether and why such items are customarilytreated as confidential within the industry; (3) whetherthe information is generally knownby or available from other sources; (4) 

### whetherthe information has previously beenmade available to others without obligation concerning its confidentiality; (5) an explanation ofthe competitive injury to the submitting person which wouldresult from public disclosure; (6) an indication as to when such information might lose its confidential character due to the passage oftime; and (7) 

### why disclosure ofthe information wouldbe contrary to the public interest.


### B. Issues on Which CommentsAre Requested

The Department is particularly interested inreceiving comments and views ofinterestedparties concerning: (1) The analysis contained inthe Screening Analysis report announced in this notice, (2) DOE's interpretation of theresults, (3) 

### DOE's planned treatment

### 30936 

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

ofproduct categories not included in the Analysis, and (4) information or evidencethat bears onthe adoption of ASHRAE/IES 

### Standard 90.1-1999 efficiency levels as uniform national standards underthe terms ofEPCA. The Department encourages those who wish to offer comments to obtain the Screening Analysis report and to address its contents. However, respondents need not limittheir statementsto the topics covered inthe study, as the Department is interested in receiving views concerning any other issues thatparticipantsbelieve would affect the suitability ofASHRAE/IES 

### Standard 90.1-1999 efficiency standards for commercial water heaters, boilers, furnaces, air conditioners andheat pumps. For example, comments might include additional evidence, not uncovered in the Screening Analysis, bearing onthe technological feasibility and economicjustification ofmore stringentuniform national standards than those in ASHRAE/IES 

### Standard 90.1-1999 and onthe significance ofthe energy conservation that wouldresult from adopting them. Comments might also include evidence as to whether any standards more stringentthan the ones specified in ASHRAE/IES 

### Standard 90.1-1999 are likely to result in unavailability inthe United States of products with performance characteristics (includingreliability), features, sizes, capacities andvolumes that are substantiallythe same as those generally available in the United States
now.

After the period for written comments, the Department will considerthe views submitted in formulating rules regarding uniform energy efficiency standards for commercial water heaters, boilers, furnaces, air conditioners andheat pumps. C. 

### Public Workshop 1. Procedure for SubmittingRequests To Speak

You will find the time andplace of thepublicworkshop listed atthe beginning ofthis notice. We invite any person whohas an interest in today's notice, or who is a representative ofa group or class ofpersons thathas an interest inthese issues, to request an opportunityto make an oral presentation. If

### you would like to attend the public workshop, please notify Ms. BrendaEdwards-Jones at (202) 586- 2945. You may hand deliver requests to speak to the address indicated atthe beginning ofthis notice betweenthe hours of8:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays, or you may sendthemby mail.

The person making the request should state why he or she, either individually
or as a representative ofa group or class ofpersons, is an appropriate spokesperson; briefly describe the nature ofthe interest inthe proceeding; and provide a telephone number for contact. We request each person selected to be heard to submit an advance copy ofhis or her statement at least one week priorto the date ofthis workshop as indicated at the beginning ofthis notice. We, at our discretion, may permit any person wishing to speak who cannot meet this requirement to participate ifthat personhas made alternative arrangements withthe Office ofBuilding Research and Standards in advance. The letter making a request to give an oral presentation must ask for suchalternative arrangements. 2. Conduct ofWorkshop

We will conduct the workshop in an informal, conference style. We may use a professional facilitator to facilitate discussion, and a courtreporter will record the transcript ofthe meeting. We will present summaries ofcomments received before the workshop, allow time for presentationsby 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 onthe matters raised at the workshop, as well as on any other aspect ofthe proceeding. The public workshop agenda is expectedto
cover the topics listed inthe preceding Section III. B., Issues on Which Comments Are Requested.

We will arrange for a transcript ofthe workshop and will make the entire record ofthis proceeding, including the transcript, available for inspection in theDepartment's Freedom of Information Reading Room. Any person may purchase a copy ofthe transcript from the transcribing reporter.

Issuedin Washington, DC, onMay 8, 2000. DanW. Reicher, AssistantSecretary, EnergyEfficiencyand RenewableEnergy. [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: 

### FederalAviation Administration (FAA), DOT.
ACTION: 

### Notice ofproposed special conditions.

SUMMARY: 

### This notice proposes special conditions for the Morrow Aircraft Corporation Model MB-300, whichwill
use a FADEC System. This airplane will have a novel or unusual design feature associated withthe installation ofan engine thatuses an electronic engine control system in place ofthe engine's mechanical system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions containthe additional safety standards that the Administrator considers necessary to establish a level ofsafety equivalentto that establishedby the existing airworthiness standards.
DATES: 

### Comments mustbereceived on or before June 14, 2000.
ADDRESSES: 

### Comments onthis proposal may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, Attention: Rules Docket, DocketNo. CE161, DOT Building, 901 Locust, Kansas City, Missouri 64106, or delivered in duplicate to the Regional Counsel at the above address. Comments mustbe marked: Docket No. CE161. Comments may be inspected inthe 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-ll1, 901 Locust, Room 301, Kansas City, Missouri, 816-329-4126, fax 816-329- 4090.

SUPPLEMENTARY INFORMATION: 

### Comments Invited



### Interested persons are invitedto participate inthe making ofthese proposed special conditionsby submitting such written data, views, or arguments as they may desire. Communications should identify the