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

Office of Energy Efficiency and Renewable 

Energy 

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

TP–0042, RIN: 1904–AC94, Energy 

Conservation Program for Consumer 

Products: Test Procedures for Direct 

Heating Equipment and Pool Heaters; Final 

Rule. 

10 CFR part 430 

Petition for Reconsideration 

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

Mr. John Cymbalsky 

Office of Energy Efficiency and Renewable 

Energy 

Building Technologies Program, EE–2J 

U.S. Department of Energy 

1000 Independence Ave. SW. 

Washington, DC 20585 

Re: Petition to Extend Implementation Date 

of July 6, 2015 Test Procedure 

Dear Mr. Cymbalsky: 

This firm represents Williams Furnace 

Company (Williams) and respectfully 

submits this Petition to Extend 

Implementation Date of July 6, 2015 on 

behalf of Williams. 

In the Energy Conservation Program for 

Consumer Products: Test Procedures for 

Direct Heating Equipment and Pool Heaters; 

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

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

(DOE) issued a notice of a Final Rule revising 

the annual flue utilization efficiency (AFUE) 

test procedures for vented direct heating 

equipment and pool heaters. The Final Rule 

became effective February 5, 2015 and 

compliance becomes mandatory starting July 

6, 2015. For the following reasons, Williams 

requests a 180-day extension of the July 6, 

2015 effective date, which is the maximum 

allowed by statute. 

Section 4.3 of the Final Rule, ‘‘Annual fuel 

utilization efficiency by the tracer gas 

method’’ has been changed to apply only to 

vented heaters equipped with thermal stack 

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

811. Prior to the recent change, the AFUE test 

procedures stated that ‘‘All other types of 

vented heaters can elect to use the following 

tracer gas method, as an optional procedure.’’ 

It appears that DOE believes that heater 

manufacturers do not use the tracer gas 

method to test heaters without thermal stack 

dampers and do not use such testing results 

to calculate the AFUE for such units. 

Therefore, it appears that the DOE considers 

this a clarification of the AFUE test 

procedure and not a change to the AFUE test 

procedure. 

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

Issues, page 798, the DOE states the 

following: 

‘‘For the reasons described previously, 

DOE clarifies that the optional use of the 

tracer gas method does not apply to units 

without thermal stack dampers. DOE has 

determined this clarification will not impose 

any additional burden on manufacturers, 

since units without thermal stack dampers 

are already commonly rated using the 

calculation method in 4.1 or 4.2. Moreover, 

the DOE has determined that disallowing the 

tracer gas method for units without thermal 

stack dampers will not affect efficiency 

ratings, since it is highly unlikely that 

manufacturers have rated units without 

thermal stack dampers using the tracer gas 

method.’’ 

Though Williams agrees with the concept 

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

procedures for vented heaters without 

thermal stack dampers, the Final Rule 

clarification presents a significant issue for 

Williams and places an unnecessary burden 

on our company. Williams is a long-time 

furnace manufacturer which has been in 

business nearly 100 years. All of Williams’ 

vented heaters are manufactured without 

thermal stack dampers. Williams has used 

the tracer gas method for testing AFUE in its 

vented heaters without thermal stack 

dampers since May 2011. 

Williams began to use the tracer gas 

method to test the AFUE in its vented heaters 

without thermal stack dampers after visiting 

Intertek Testing Services, Inc. (Intertek) in 

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

of Williams met with Intertek’s Gregory King 

and Daniel Bilodeau to discuss and to 

confirm that Williams’ test method for AFUE 

testing for vented heaters without thermal 

stack dampers was identical to Intertek’s test 

method for AFUE testing for vented heaters 

without thermal stack dampers. As you 

know, Intertek Testing Services, Inc. is the 

facility approved by and utilized by the DOE. 

While at Intertek, Jesus Rios noticed that 

Intertek was using a different test method for 

AFUE testing of vented heaters without 

thermal stack dampers than Williams was 

using. Jesus Rios asked Intertek what test 

method Intertek was using for AFUE testing 

of vented heaters without thermal stack 

dampers. Intertek confirmed to Jesus Rios 

that Intertek was using the tracer gas method 

to test the AFUE in vented heaters without 

thermal stack dampers. Subsequently, upon 

Jesus Rios’ return to Williams’ facility in 

Colton, CA, he researched the tracer gas 

method and contacted Intertek to find out 

what equipment was necessary to perform 

the tracer gas method to test the AFUE in 

vented heaters without thermal stack 

dampers. Thereafter, Williams purchased the 

necessary equipment to perform the trace gas 

method to test the AFUE in vented heaters 

without thermal stack dampers. 

In May 2011, Williams began using the 

tracer gas method to test the AFUE in vented 

heaters without thermal stack dampers after 

conducting some test runs to make sure 

Williams was performing the tracer gas 

method test properly and could confirm that 

the Williams’ tracer as method test results 

were similar to the tracer gas method test 

results achieved by Intertek on March 15, 

2011, when Intertek tested the Williams’ 

vented heaters without thermal stack 

dampers. Williams has been using the tracer 

gas method to test the AFUE in vented 

heaters without thermal stack dampers 

continuously since May 2011 up to the 

present time. The tracer gas method 

procedure allows for an actual measurement 

of the draft factor using carbon monoxide, 

instead of using a standard draft factor of 

one. Williams believes that the tracer gas 

method is a more accurate measurement of 

the AFUE. 

The time frame from now to July 6, 2015, 

does not provide Williams sufficient time to 

conduct further testing of and to complete 

any required design modification to any 

models of Williams’ vented heaters without 

thermal stack dampers that might be 

marginally close to passing the required 

AFUE standards because of the 

implementation of the Final Rule disallowing 

the tracer gas method to test the AFUE in 

vented heaters without thermal stack 

dampers. Without the 180-day extension of 

the July 6, 2015 effective date in order to 

perform the afore-stated testing of and any 

necessary design modification to its 

products, Williams could potentially be at a 

competitive disadvantage in the heater 

marketplace. 

An extension of the July 6, 2015 date does 

not disadvantage consumers or hamper the 

DOE’s regulatory activities. Granting the 

extension of time will allow Williams to 

improve its products where necessary and to 

ensure Williams’ compliance with the 

required AFUE standards. Delaying the July 

6, 2015 date by 180 days will remove the 

unnecessary burden on Williams of having to 

conduct testing on all of models of Williams’ 

vented heaters without thermal stack 

dampers in the next three and one-half 

months and will allow Williams the 

necessary time to manage the transition to 

the Final Rule revising the AFUE test 

procedures. For the foregoing reasons, 

Williams requests that the DOE grant 

Williams a 180-day extension of the July 6, 

2015 effective date of the Final Rule. 

Respectfully submitted, 

WIEZOREK & PAYNE 

ANTHONY F. WIEZOREK 

AFW/le 

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

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2013–BT–STD–0007; EERE–2013– 

BT–STD–0021] 

Commercial Package Air Conditioners 

and Commercial Warm Air Furnaces 

Working Group: Notice of Open 

Meetings and Webinar 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of open meetings and 

webinars. 

SUMMARY: This document announces a 

series of meetings of the Commercial 

Package Air Conditioners and 

Commercial Warm Air Furnaces 

Working Group (CAUC CWAF Working 

Group). The Federal Advisory 

Committee Act requires that agencies 

publish notice of an advisory committee 

meeting in the Federal Register. 

DATES: See SUPPLEMENTARY INFORMATION

section for meeting dates. 

ADDRESSES: Unless otherwise specified 

in the SUPPLEMENTARY INFORMATION

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26200 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Proposed Rules 

section, the meetings will be held at 

U.S. Department of Energy, Forrestal 

Building, 1000 Independence Avenue 

SW., Washington, DC 20585. 

Individuals will also have the 

opportunity to participate by webinar. 

To register for the webinar and receive 

call-in information, please register at 

http://www1.eere.energy.gov/buildings/

appliance_standards/

rulemaking.aspx?ruleid=59 . 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, ASRAC Designated Federal 

Officer, U.S. Department of Energy 

(DOE), Office of Energy Efficiency and 

Renewable Energy, 950 L’Enfant Plaza 

SW., Washington, DC, 20024. Email: 

asrac@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

The meetings will be held: 

• May 11, 2015; 

• May 12, 2015 (Air-Conditioning, 

Heating, and Refrigeration Institute, 

2111 Wilson Blvd., Suite 500, 

Arlington, VA 22201); 

• May 20, 2015; 

• May 21, 2015 (950 L‘Enfant Plaza 

SW., Washington, DC, Room 7140); 

• June 1–2, 2015; 

• June 9–10, 2015; and 

• June 15, 2015 (Webinar only) 

Members of the public are welcome to 

observe the business of the meeting and, 

if time allows, may make oral 

statements during the specified period 

for public comment. To attend the 

meeting and/or to make oral statements 

regarding any of the items on the 

agenda, email asrac@ee.doe.gov. In the 

email, please indicate your name, 

organization (if appropriate), 

citizenship, and contact information. 

Please note that foreign nationals 

participating in the public meeting are 

subject to advance security screening 

procedures which require advance 

notice prior to attendance at the public 

meeting. If a foreign national wishes to 

participate in the public meeting, please 

inform DOE as soon as possible by 

contacting Ms. Regina Washington at 

(202) 586–1214 or by email: 

Regina.Washington@ee.doe.gov so that 

the necessary procedures can be 

completed. Anyone attending the 

meeting will be required to present a 

government photo identification, such 

as a passport, driver’s license, or 

government identification. Due to the 

required security screening upon entry, 

individuals attending should arrive 

early to allow for the extra time needed. 

Due to the REAL ID Act implemented 

by the Department of Homeland 

Security (DHS) recent changes regarding 

ID requirements for individuals wishing 

to enter Federal buildings from specific 

states and U.S. territories. Driver’s 

licenses from the following states or 

territory will not be accepted for 

building entry and one of the alternate 

forms of ID listed below will be 

required. 

DHS has determined that regular 

driver’s licenses (and ID cards) from the 

following jurisdictions are not 

acceptable for entry into DOE facilities: 

Alaska, Louisiana, New York, American 

Samoa, Maine, Oklahoma, Arizona, 

Massachusetts, Washington, and 

Minnesota. 

Acceptable alternate forms of PhotoID include: U.S. Passport or Passport 

Card; An Enhanced Driver’s License or 

Enhanced ID-Card issued by the states 

of Minnesota, New York or Washington 

(Enhanced licenses issued by these 

states are clearly marked Enhanced or 

Enhanced Driver’s License); A military 

ID or other Federal government issued 

Photo-ID card. 

Docket: 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. 

Issued in Washington, DC, on May 1, 2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2015–11012 Filed 5–6–15; 8:45 am] 

BILLING CODE 6450–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 32 

RIN 3038–AE26 

Trade Options 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commodity Futures 

Trading Commission (the 

‘‘Commission’’ or the ‘‘CFTC’’) is 

proposing to amend the trade option 

exemption in its regulations, as 

described herein, in the following 

subject areas: Reporting requirements 

for trade option counterparties that are 

not swap dealers or major swap 

participants; recordkeeping 

requirements for trade option 

counterparties that are not swap dealers 

or major swap participants; and certain 

non-substantive amendments. 

DATES: Comments must be received on 

or before June 8, 2015. 

ADDRESSES: You may submit comments, 

identified by RIN 3038–AE26, by any 

one of the following methods: 

• CFTC Web site: http://

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Comments Online process 

on the Web site. 

• Mail: Send to Christopher 

Kirkpatrick, Secretary of the 

Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581. 

• Hand Delivery/Courier: Same as 

Mail, above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Please submit your comments using 

only one of these methods. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to www.cftc.gov. You 

should submit only information that 

you wish to make available publicly. If 

you wish the Commission to consider 

information that you believe is exempt 

from disclosure under the Freedom of 

Information Act, a petition for 

confidential treatment of the exempt 

information may be submitted according 

to the procedures established in § 145.9 

of the CFTC’s regulations, 17 CFR 145.9. 

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of a submission from 

www.cftc.gov that it may deem to be 

inappropriate for publication, such as 

obscene language. All submissions that 

have been redacted or removed that 

contain comments on the merits of the 

rulemaking will be retained in the 

public comment file and will be 

considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

David N. Pepper, Special Counsel, 

Division of Market Oversight, at (202) 

418–5565 or dpepper@cftc.gov; or Elise 

Pallais, Counsel, Office of the General 

Counsel, at (202) 418–5577 or epallais@

cftc.gov; Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

In April 2012, pursuant to section 

4c(b) of the Commodity Exchange Act 

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