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[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68180-68181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28501]

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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.

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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.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    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

[[Page 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, cool-down, 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
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