68180 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

Issued at Washington, DC, on October 28, 

2011. 

Carol A. Matthews, 

Committee Management Officer. 

[FR Doc. 2011–28503 Filed 11–2–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. VHE–001] 

Publication of the Petition for Waiver 

From Empire Comfort Systems From 

the Department of Energy Vented 

Home Heating Equipment Test 

Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for Waiver 

and Request for Public Comments. 

SUMMARY: This notice announces receipt 

of and publishes the Empire Comfort 

Systems Inc. (Empire) petition for 

waiver (hereafter, ‘‘petition’’) from the 

U.S. Department of Energy (DOE) test 

procedure for determining the energy 

consumption of vented home heating 

equipment. The waiver request pertains 

to certain basic models of Empire’s 

condensing type direct heaters. In its 

petition, Empire provides an alternate 

test procedure, ANSI/ASHRAE Standard 

103–1993,‘‘Method of Testing for AFUE 

of Residential Central Furnaces and 

Boilers.’’ The alternate procedure omits 

those sections of ANSI/ASHRAE 103– 

1993 that do not apply to condensing 

type direct heaters. DOE solicits 

comments, data, and information 

concerning Empire’s petition and the 

suggested alternate test procedure. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Empire Petition until, but no later than 

December 5, 2011. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘VHE–001,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include the case number [Case No. 

VHE–001] in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., (Resource Room of the 

Building Technologies Program), 

Washington, DC, 20024; (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Available documents include the 

following items: (1) This notice; (2) 

public comments received; (3) the 

petition for waiver; and (4) prior DOE 

rulemakings regarding similar 

refrigerator-freezers. Please call Ms. 

Brenda Edwards at the above telephone 

number for additional information 

regarding visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9611. Email: 

Michael.Raymond@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department 

of Energy, Office of the General Counsel, 

Mail Stop GC–71, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–7796. Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified, established the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles, a 

program covering most major household 

appliances, which includes the vented 

home heating equipment that is the 

focus of this notice.1 Part B includes 

definitions, test procedures, labeling 

provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure the energy efficiency, 

energy use, or estimated annual 

operating costs of a covered product, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) The test 

procedure for vented home heating 

equipment is contained in 10 CFR part 

430, subpart B, appendix O. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when (1) The petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

II. Petition for Waiver of Test Procedure 

On July 21, 2011, Empire filed a 

petition for waiver for new condensing 

type direct heater models from the test 

procedure applicable to vented home 

heating equipment set forth in 10 CFR 

part 430, Subpart B, Appendix O. 

Empire is designing direct heaters that 

incorporate condensing features. In its 

petition, Empire seeks a waiver from the 

existing DOE test procedure applicable 

to its Mantis vented gas fireplace 

systems under 10 CFR part 430 because 

the existing test procedure does not 

account for condensing type heating 

equipment. Therefore, Empire has asked 

to use an alternate test procedure, ANSI/ 

ASHRAE Standard 103–1993, ‘‘Method 

of Testing for AFUE of Residential 

Central Furnaces and Boilers,’’ omitting 

those sections that cover air temperature 

rise and static pressure, which cannot 

be applied to condensing type heating 

equipment. Empire did not request an 

interim waiver pursuant to 10 CFR 

430.27(a)(2). 

III. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of Empire’s petition 

for waiver from the DOE test procedure. 

DOE publishes Empire’s petition for 

waiver pursuant to 10 CFR 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices 68181 

430.27(b)(1)(iv). The petition includes a 

suggested alternate test procedure and 

calculation methodology to determine 

the energy consumption of Empire’s 

specified condensing direct heaters. 

DOE is considering including this 

alternate procedure in its subsequent 

Decision and Order. 

DOE solicits comments from 

interested parties on all aspects of the 

petition, including the suggested 

alternate test procedure and calculation 

methodology. Pursuant to 10 CFR 

430.27(b)(1)(iv), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is: Kenneth J. Belding, 

Vice President—Delivery Support 

Services, Empire Comfort Systems, Inc., 

918 Freeburg Avenue, Belleville, Illinois 

62220–2623. All submissions received 

must include the agency name and case 

number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, Portable Document 

Format (PDF), or text (American 

Standard Code for Information 

Interchange (ASCII)) file format and 

avoid the use of special characters or 

any form of encryption. Wherever 

possible, include the electronic 

signature of the author. DOE does not 

accept telefacsimiles (faxes). 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies to DOE: one 

copy of the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Issued in Washington, DC, on October 27, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

July 21, 2011 

(revised August 25, 2011) 

U.S. DEPARTMENT OF ENERGY 

Building Technologies Program 

Test Procedure Waiver 

1000 Independence Avenue SW 

Mail Stop EE–2J 

Washington, DC 20585–0121 

Gentlemen: 

This is a request for a waiver to the 

current, prescribed method of testing 

efficiency for the models listed on 

Certificate of Compliance 1764957 

(111946) from CSA International 

(enclosed). 

The current D.O.E. test procedures, 

found in the Federal Register Part IV10 

CFR430, notice dated May 1997, do not 

address condensing type heating 

equipment. Mantis is a condensing type 

direct heater, vented with PVC. 

The Mantis was tested for efficiency 

using portions of the ANSI/ASHRAE 

Standard 103–1993, Method of Testing 

for AFUE of Residential Central 

Furnaces and Boilers. This standard was 

used as a guideline for test procedures 

and calculations through steady state, 

including condensate collection, cooldown, heat-up and cyclic tests. Sections 

of the ANSI/ASHRAE Standard 103– 

1993 covering air temperature rise and 

static pressure cannot be applied to this 

type of equipment and were omitted. 

Enclosed you will find an email 

correspondence from Phil Gauthier of 

the AHRI Direct Heating Certification 

Program suggesting we request a waiver 

with associated pertinent information. 

Also enclosed, for your review, is our 

request for test with Intertek and 

subsequent test results. I have also 

included our correspondence with Phil 

Gauthier of AHRI recommending we 

request this waiver. 

As requested, in Word format, please 

see below those sections of ASHRAE 

103–1993 that do not apply to Mantis 

testing. 

4. 4.1.2, 4.2.2, 4.2.3, 4.3.1, 4.4.3, 4.5.1, 

4.5.2.1, 4.5.2.2, 4.5.2.4, 4.6.1, 4.7.1, 

4.7.2, 4.7.3, 4.8.1, 4.8.2, 4.8.3, 4.9.1, 

4.9.2, 4.9.3, 4.10.2, 4.11.2, 4.11.3 

5. All 

6. 6.1, 6.10.1, 6.10.3, 6.11.2 

7. 7.1, 7.2, 7.3, 7.4, 7.5, 7.7 

8. 8.1, 8.2.1, 8.2.1.2, 8.2.14, 8.2.1.5.1, 

8.2.1.5.2, 8.2.1.5.3, 8.2.2.1, 8.2.2.3, 

8.2.2.4, 8.2.3, 8.3, 8.4.1.2, 8.4.2, 8.6, 8.8 

9. 9.1.1.2, 9.1.1.3, 9.1.2.2.2, 9.1.2.3.2, 

9.1.2.3.3, 931.3, 9.1.4, 9.3, 9.4 

We appreciate your consideration in 

this matter. 

Respectfully, 

EMPIRE COMFORT SYSTEMS, INC. 

Kenneth J. Belding 

Vice President—Delivery Support 

Services 

KJB:crb 

Enc. 

[FR Doc. 2011–28501 Filed 11–2–11; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2011–0209; FRL–9486–4] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; NESHAP for Chemical 

Recovery Combustion Sources at 

Kraft, Soda, Sulfite, and Stand-Alone 

Semichemical Pulp Mills (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that an Information Collection Request 

(ICR) has been forwarded to the Office 

of Management and Budget (OMB) for 

review and approval. This is a request 

to renew an existing approved 

collection. The ICR which is abstracted 

below describes the nature of the 

collection and the estimated burden and 

cost. 

DATES: Additional comments may be 

submitted on or before December 5, 

2011. 

ADDRESSES: Submit your comments, 

referencing docket ID number EPA–HQ– 

OECA–2011–0209, to: (1) EPA online 

using http://www.regulations.gov (our 

preferred method), or by email to 

docket.oeca@epa.gov, or by mail to: EPA 

Docket Center (EPA/DC), Environmental 

Protection Agency, Enforcement and 

Compliance Docket and Information 

Center, mail code 2822IT, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; and (2) OMB at: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), Attention: Desk Officer for EPA, 

725 17th Street NW., Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: 

Learia Williams, Monitoring, 

Assistance, and Media Programs 

Division, Office of Compliance, Mail 

Code 2223A, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number: (202) 564–4113; fax number: 

(202) 564–0050; email address: 

williams.learia@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On May 9, 2011 (76 FR 26900), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA received no 

comments. Any additional comments on 

this ICR should be submitted to both 


srobinson on DSK4SPTVN1PROD with NOTICES