Energy Conservation Standards for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters: Public Meeting and Availability of the Preliminary Technical Support Document, 1643-1646 [E9-476]
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Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules
and may be used in conjunction with an
animal number unique within the flock
to provide a unique official
identification number for an animal, or
may be used in conjunction with the
date and a sequence number to provide
a group/lot identification number for a
group of animals when group
identification is permitted.
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National Uniform Eartagging System.
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The National Uniform
Eartagging System employs an eight- or
nine-character alphanumeric format,
consisting of a two-number State or
territory code, followed by two or three
letters and four additional numbers.
Official APHIS disease programs may
specify which format to employ.
Official eartag. An identification tag
approved by APHIS to provide unique
identification for individual animals.
Beginning [Insert date 1 year after
effective date of final rule], all official
eartags applied to animals must bear the
U.S. shield. The design, size, shape,
color, and other characteristics of the
official eartag will depend on the needs
of the users, subject to the approval of
the Administrator. The official eartag
must be tamper-resistant and have a
high retention rate in the animal. All
official eartags used in Federal disease
programs must be correlated with the
premises identification number of the
premises to which they are issued using
the Animal Identification Number
Management System (AINMS) or other
recordkeeping systems approved by the
Administrator. Official eartags for sheep
and goats must be approved for use in
the National Scrapie Eradication
Program in accordance with § 79.2(f) of
this subchapter. Numbers applied to
official eartags must adhere to one of the
following numbering systems:
(1) National Uniform Eartagging
System. The Johne’s program requires
the use of the nine-character format for
cattle.
(2) Animal identification number
(AIN). AIN eartags attached to any
animals on or after [Insert date 1 year
after effective date of final rule] must
display an AIN with an 840 prefix.
These numbers must be correlated with
the premises identification number of
the premises to which they are issued
using the AINMS.
(3) Premises-based number system.
The premises-based number system
combines a premises identification
number (PIN), as defined in this section,
with a producer’s livestock production
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numbering system to provide a unique
identification number. The PIN and the
production number must both appear on
the official tag. Official eartags using a
premises-based numbering system that
are issued on or after [Insert date 1 year
after effective date of final rule] must
employ the seven-character
alphanumeric PIN format.
(4) A flock identification number
(FIN), as defined in this section, used in
conjunction with a producer’s livestock
production numbering system to
provide a unique identification number.
The FIN and the production number
must both appear and be distinct on the
official tag and may not include the
letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’ other than as
part of a State postal abbreviation.
(5) In the case of sheep and goats, a
unique eight-digit number composed of
the State postal abbreviation followed
by two letters (not including ‘‘I,’’ ‘‘O,’’
or ‘‘Q’’) and four numbers.
(6) Any other numbering system
approved by the Administrator for the
identification of animals in commerce.
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Premises identification number (PIN).
A nationally unique number assigned by
a State, Tribal, and/or Federal animal
health authority to a premises that is, in
the judgment of the State, Tribal, and/
or Federal animal health authority, a
geographically distinct location from
other premises. The premises
identification number is associated with
an address, geospatial coordinates, and/
or location descriptors which provide a
verifiably unique location. The premises
identification number may be used in
conjunction with a producer’s own
livestock production numbering system
to provide a unique identification
number for an animal. It may also be
used as a component of a group/lot
identification number. Premises
identification numbers issued on or
after [Insert effective date of final rule]
shall consist of a seven-character
alphanumeric code, with the right-most
character being a check digit. The check
digit number is based upon the ISO
7064 Mod 36/37 check digit algorithm.
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Done in Washington, DC, this 7th day of
January 2009.
Cindy J. Smith,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. E9–353 Filed 1–13–09; 8:45 am]
BILLING CODE 3410–34–P
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2006–BT–STD–0129]
RIN 1904–AA90
Energy Conservation Standards for
Residential Water Heaters, Direct
Heating Equipment, and Pool Heaters:
Public Meeting and Availability of the
Preliminary Technical Support
Document
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of preliminary technical
support document.
SUMMARY: The Department of Energy
(DOE) will hold an informal public
meeting to discuss and receive
comments on the product classes that
DOE plans to analyze for purposes of
amending energy conservation
standards for certain residential heating
products; the analytical framework,
models, and tools that DOE is using to
evaluate standards for these products;
the results of preliminary analyses
performed by DOE for these products;
and potential energy conservation
standard levels derived from these
analyses that DOE could consider for
these products. DOE also encourages
written comments on these subjects. To
inform stakeholders and facilitate this
process, DOE has prepared an agenda, a
preliminary Technical Support
Document (preliminary-TSD), and
briefing materials, all of which are
available at: https://
www.eere.energy.gov/buildings/
appliance_standards/residential/
heating products.html.
DATES: DOE will hold a public meeting
on Monday, February 9, 2009, from 9
a.m. to 5 p.m. in Washington, DC. Any
person requesting to speak at the public
meeting should submit such request,
along with an electronic copy of the
statement to be given at the public
meeting, before 4 p.m., Monday, January
26, 2009. Written comments are
welcome, especially following the
public meeting, and should be
submitted by March 16, 2009.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 1E–245, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
note that foreign nationals participating
in the public meeting are subject to
advance security screening procedures.
If a foreign national wishes to
participate in the public meeting, please
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Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules
inform DOE of this fact as soon as
possible by contacting Ms. Brenda
Edwards at (202) 586–2945 so that the
necessary procedures can be completed.
Interested persons may submit
comments, identified by docket number
EERE–2006–BT–STD–0129, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
ResWaterDirectPoolHtrs@ee.doe.gov.
Include EERE–2006–BT–STD–0129 in
the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Public Meeting for Residential Water
Heaters, Direct Heating Equipment, and
Pool Heaters, EERE–2006–BT–STD–
0129, 1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone (202) 586–2945. Please
submit one signed paper original.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 6th
Floor, 950 L’Enfant Plaza, SW.,
Washington, DC 20024. Telephone (202)
586–2945. Please submit one signed
paper original.
Instructions: All submissions received
must include the agency name and
docket number.
Docket: For access to the docket to
read background documents, a copy of
the transcript of the public meeting, or
comments received, go to the U.S.
Department of Energy, 6th Floor, 950
L’Enfant Plaza, SW., Washington, DC
20024, (202) 586–2945, between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Please call Ms.
Brenda Edwards at (202) 586–2945 for
additional information regarding
visiting the Resource Room. Please note
that DOE’s Freedom of Information
Reading Room (formerly Room 1E–190
at the Forrestal Building) is no longer
housing rulemaking materials.
FOR FURTHER INFORMATION CONTACT:
Mohammed Khan, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
7892. E-mail:
Mohammed.Khan@ee.doe.gov. Michael
Kido, U.S. Department of Energy, Office
of General Counsel, GC–72, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
8145. E-mail: Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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A. Statutory Authority
Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291, et
seq.) (EPCA) established the Energy
Conservation Program for Consumer
Products Other than Automobiles,
covering major household appliances
including water heaters and home
heating equipment. Subsequent
amendments expanded Title III of EPCA
to include additional consumer
products and certain commercial and
industrial equipment, including
residential pool heaters. (42 U.S.C.
6291, et seq.) Furthermore, the National
Appliance Energy Conservation Act of
1987 (NAECA) amended EPCA by
establishing energy conservation
standards for residential water heaters,
‘‘direct heating equipment’’ (replacing
the term ‘‘home heating equipment’’
previously used in EPCA), and pool
heaters, as well as requirements for
determining whether these standards
should be amended. (42 U.S.C.
6295(e)(1) through (4))
Before DOE prescribes an amended
standard for any of these products,
however, it must first solicit comments
on a proposed standard. Moreover, DOE
must design each new or amended
standard for these products to (1)
achieve the maximum improvement in
energy efficiency that is technologically
feasible and economically justified, and
(2) result in significant conservation of
energy. (42 U.S.C. 6295(o)(2)(A)) and (3)
To determine whether a proposed
standard is economically justified, DOE
must, after receiving comments on the
proposed standard, determine whether
the benefits of the standard exceed its
burdens to the greatest extent
practicable, weighing the following
seven factors:
1. The economic impact of the
standard on manufacturers and
consumers of products subject to the
standard;
2. The savings in operating costs
throughout the estimated average life of
the covered products in the type (or
class) compared to any increase in the
price, initial charges, or maintenance
expenses for the covered products
which are likely to result from the
imposition of the standard;
3. The total projected amount of
energy savings likely to result directly
from the imposition of the standard;
4. Any lessening of the utility or the
performance of the covered products
likely to result from the imposition of
the standard;
5. The impact of any lessening of
competition, as determined in writing
by the Attorney General, that is likely to
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result from the imposition of the
standard;
6. The need for national energy
conservation; and
7. Other factors the Secretary
considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i).)
Prior to proposing a standard, DOE
typically seeks public input on the
analytical framework, models, and tools
that DOE will use to evaluate standards
for the product at issue; the results of
preliminary analyses performed by DOE
for the product; and potential energy
conservation standard levels derived
from these analyses that DOE could
consider. DOE is publishing this
document to announce the availability
of the preliminary TSD, which details
the preliminary analyses, discusses the
comments on the Framework document,
and summarizes the preliminary results.
In addition, DOE is announcing a public
meeting to solicit feedback from
interested parties on its analytical
framework, models, and preliminary
results.
B. History of Standards Rulemaking for
Residential Heating Products
1. Background
As indicated above, NAECA amended
EPCA to establish energy conservation
standards for each of the three heating
products, applicable to units
manufactured on or after January 1,
1990. For water heaters, EPCA
prescribed minimum efficiency levels
that vary depending on the storage
volume of the product and the type of
energy it uses (i.e., gas, oil, or
electricity). (42 U.S.C. 6295(e)(1)) For
gas-fired direct heating equipment,
EPCA prescribed a range of minimum
annual fuel utilization efficiency
(AFUE) levels, each of which applies to
units of a particular type and heating
capacity range. (42 U.S.C. 6295(e)(3)) In
addition, for gas-fired pool heaters,
EPCA prescribed a minimum thermal
efficiency of 78 percent for all units. (42
U.S.C. 6295(e)(2)) For all three of the
products, EPCA further requires that
DOE conduct two cycles of rulemakings
to determine whether the standards
should be amended. (42 U.S.C.
6295(e)(4)).
On January 17, 2001, DOE published
a final rule (the January 2001 final rule),
effective on January 20, 2004, amending
the energy conservation standards for
residential water heaters. 66 FR 4474.
DOE has not amended the energy
conservation standards for direct
heating equipment or pool heaters.
As to direct heating equipment, before
the enactment of NAECA, EPCA
included ‘‘home heating equipment’’ in
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DOE’s appliance standards program.
DOE construed this term as covering
unvented as well as vented products,
and prescribed a separate test procedure
for each. 43 FR 20128, 20132 (May 2,
1978). Each of these test procedures has
since been amended and both are
codified in 10 CFR part 430, Subpart B,
Appendix G (‘‘Uniform Test Method for
Measuring the Energy Consumption of
Unvented Home Heating Equipment’’)
and Appendix O (‘‘Uniform Test
Method for Measuring the Energy
Consumption of Vented Home Heating
Equipment’’). However, when NAECA
replaced the term ‘‘home heating
equipment’’ with ‘‘direct heating
equipment’’ in NAECA’s amendments to
EPCA in 1987 (42 U.S.C. 6295(e)(3)), the
new energy conservation standards for
this equipment only affected gas
products and the statutorily-prescribed
standards used the AFUE descriptor,
which applies to vented, but not
unvented, equipment. Because of the
limitation imposed by the statute’s use
of the AFUE descriptor, subsequent
DOE actions concerning direct heating
equipment have focused solely on
vented products.1
The current test procedure for
unvented equipment also does not
include a method for measuring energy
efficiency. Despite this fact, because of
the manner in which unvented heating
products operate, which is to dissipate
any heat losses directly into the
conditioned space, the amount of energy
efficiency losses from these products is
minimal. In view of this belief, at this
time, DOE is unaware of how the
addition of a procedure to measure the
energy efficiency of these particular
products would yield significant energy
efficiency benefits or would otherwise
be practical.
DOE also notes that while the NAECA
amendments authorized DOE to regulate
unvented direct heating equipment, the
rulemaking DOE is currently
considering would address standards
only for vented direct heating
equipment since there is currently no
energy efficiency descriptor or test
procedure that DOE could apply as the
basis for an amended standard for
unvented heating products.
2. Current Rulemaking Process
To initiate the process to develop
standards, on September 27, 2006, DOE
published on its Web site the
Rulemaking Framework for Residential
Water Heaters, Direct Heating
1 See 59 FR 10464, (March 4, 1994) (NOPR
proposing standards for eight separate products)
and 62 FR 26140 (May 12, 1997) (final rule
prescribing test procedure amendments affecting
direct heating equipment).
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Equipment, and Pool Heaters (the
framework document), which describes
the procedural and analytic approaches
it anticipated using to evaluate the
establishment of energy conservation
standards for these products. This
document is available at https://
www.eere.energy.gov/buildings/
appliance_standards/residential/pdfs/
heating_equipment_framework
_092706.pdf. DOE also published a
notice announcing the availability of the
framework document and a public
meeting to discuss the proposed
analytical framework, and inviting
written comments concerning the
development of standards for the three
heating products. 71 FR 67825
(November 24, 2006).
The focus of the public meeting,
which was held on January 16, 2007,
was to discuss the analyses and issues
identified in various sections of the
framework document. At the meeting,
DOE described the different analyses it
would conduct, the methods proposed
for conducting them, and the
relationships among the various
analyses. Manufacturers, trade
associations, environmental advocates,
regulators, and other interested parties
attended. Information related to the
meeting is available at https://
www.eere.energy.gov/buildings/
appliance_standards/residential/
heating_equipment_mtg.html.
In response to the requests of
interested parties at the public meeting,
DOE subsequently published in the
Federal Register a notice that extended
the comment period by two weeks. 72
FR 4219 (January 30, 2007). Written
comments submitted during the
comment period elaborated on the
issues raised at the meeting and
addressed other major issues, including
• Scope of coverage;
• Product classes;
• Efficiency levels analyzed for the
engineering analysis;
• Installation, repair, and
maintenance costs; and
• Product and fuel switching.
Comments received since publication
of the framework document have helped
identify issues DOE needs to address in
developing a proposed standard and
provided information contributing to
DOE’s proposed resolution of these
issues.
C. Summary of the Analyses Performed
by DOE
For each of the three heating products
currently under consideration, DOE
conducted in-depth technical analyses
in the following areas: (1) Engineering,
(2) energy-use characterization, (3)
markups to determine product price, (4)
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life-cycle cost (LCC) and payback period
(PBP) analyses, and (5) national impact
analysis (NIA). These analyses resulted
in a preliminary TSD that presents the
methodology and results of each of
these analyses. The preliminary TSD is
available at the Web address given in
the SUMMARY section of this notice. The
analyses are described in more detail
below.
DOE also conducted several other
analyses that either support the five
major analyses or are preliminary
analyses that will be expanded upon
during the notice of proposed
rulemaking (NOPR).2 These analyses
include the market and technology
assessment, the screening analysis,
which contributes to the engineering
analysis, and the shipments analysis,
which contributes to the NIA. In
addition to these analyses, DOE has
begun some preliminary work on the
manufacturer impact analysis (MIA) and
identified the methods to be used for the
LCC subgroup analysis, the
environmental assessment, the
employment analysis, the regulatory
impact analysis, and the utility impact
analysis. DOE will expand on these
analyses in the NOPR.
1. Engineering Analysis
The engineering analysis establishes
the relationship between the cost and
efficiency of a product DOE is
evaluating for amended energy
conservation standards. This
relationship serves as the basis for costbenefit calculations for individual
consumers, manufacturers, and the
Nation. The engineering analysis
identifies representative baseline
products, which is the starting point for
analyzing technologies that provide
energy efficiency improvements.
Baseline product refers to a model or
models having features and technologies
typically found in products currently
offered for sale. The baseline model in
each product class represents the
characteristics of products in that class
and, for products already subject to
energy conservation standards, usually
is a model that just meets the current
standard. After identifying the baseline
models, DOE estimated manufacturer
selling prices through an analysis of (1)
manufacturer costs, and (2) markups,
2 For past rulemakings, DOE was required to issue
an Advanced Notice of Proposed Rulemaking
(ANOPR) following publication of the framework
document. The Energy Independence and Security
Act of 2007 (EISA) eliminated the requirement that
DOE issue an ANOPR as part of the standards
rulemaking process; see EISA, at sec. 307. Instead,
DOE is using this alternative process to provide the
same information and ability for public comment as
the ANOPR, but without publication of analyses in
the Federal Register.
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which are the multipliers used to
determine the manufacturer selling
prices based on manufacturing cost.
Chapter 5 of the preliminary TSD
discusses the engineering analysis.
2. Energy Use Characterization
The energy use characterization
provides estimates of annual energy
consumption for the three heating
products, which DOE uses in the LCC
and PBP analyses and the NIA. DOE
developed energy consumption
estimates for all of the product classes
analyzed in the engineering analysis as
the basis for its energy use estimates.
Chapter 7 of the preliminary TSD
discusses the energy use
characterization.
3. Markups To Determine Product Prices
DOE derives consumer prices for
products based on manufacturer
markups, retailer markups, distributor
markups, contractor markups, builder
markups, and sales taxes. In deriving
these markups, DOE has determined (1)
The distribution channels for product
sales; (2) the markup associated with
each party in the distribution channels;
and (3) the existence and magnitude of
differences between markups for
baseline products (baseline markups)
and for more-efficient products
(incremental markups). DOE calculates
both overall baseline and overall
incremental markups based on the
product markups at each step in the
distribution channel. The overall
incremental markup relates the change
in the manufacturer sales price of
higher-efficiency models (the
incremental cost increase) to the change
in the retailer or distributor sales price.
Chapter 6 of the preliminary TSD
discusses the estimation of markups.
4. Life-Cycle Cost and Payback Period
Analyses
The LCC and PBP analyses determine
the economic impact of potential
standards on individual consumers. The
LCC is the total consumer expense for
a product over the life of the product.
The LCC analysis compares the LCCs of
products designed to meet possible
energy conservation standards with the
LCCs of the products likely to be
installed in the absence of standards.
DOE determines LCCs by considering
(1) Total installed cost to the purchaser
(which consists of manufacturer selling
price, sales taxes, distribution chain
markups, and installation cost); (2) the
operating expenses of the products
(energy use and maintenance); (3)
product lifetime; and (4) a discount rate
that reflects the real consumer cost of
capital and puts the LCC in present-
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value terms. The PBP represents the
number of years needed to recover the
increase in purchase price (including
installation cost) of more efficient
products through savings in the
operating cost of the product. It is the
change in total installed cost due to
increased efficiency divided by the
change in annual operating cost from
increased efficiency. Chapter 8 of the
preliminary TSD discusses the LCC and
PBP analyses.
5. National Impact Analysis
The NIA estimates the national energy
savings (NES) and the net present value
(NPV) of total consumer costs and
savings expected to result from new
standards at specific efficiency levels
(referred to as candidate standard
levels). Examining the three heating
products, DOE calculated NES and NPV
for each efficiency level as the
difference between a base-case forecast
(without new standards) and the
standards case forecast (with standards).
DOE determined national annual energy
consumption by multiplying the
number of units in use (by vintage,
which is expressed in years) by the
average unit energy consumption (also
by vintage). Cumulative energy savings
are the sum of the annual NES
determined over a specified time period.
The national NPV is the sum over time
of the discounted net savings each year,
which consists of the difference
between total operating cost savings and
increases in total installed costs. Critical
inputs to this analysis include
shipments projections, retirement rates
(based on estimated product lifetimes),
and estimates of changes in shipments
and retirement rates in response to
changes in product costs due to
standards. Chapter 10 of the preliminary
TSD discusses the NIA.
DOE consulted with stakeholders and
other interested persons as part of its
process for conducting all of the
analyses and invites further input from
the public on these topics. The
preliminary analytical results are
subject to revision following review and
input from the public. A complete and
revised TSD will be made available
upon issuance of a NOPR. The final rule
will contain the final analysis results
and be accompanied by a final rule TSD.
DOE encourages those who wish to
participate in the public meeting to
obtain the preliminary TSD and to be
prepared to discuss its contents. A copy
of the preliminary TSD is available at
the Web address given in the SUMMARY
section of this notice. However, public
meeting participants need not limit their
comments to the topics identified in the
preliminary TSD. DOE is also interested
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in receiving views concerning other
relevant issues that participants believe
would affect energy conservation
standards for these products or that DOE
should address in the NOPR.
Furthermore, DOE welcomes all
interested parties, whether or not they
participate in the public meeting, to
submit in writing by March 16, 2009,
comments and information on matters
addressed in the preliminary TSD and
on other matters relevant to
consideration of standards for
residential water heaters, direct heating
equipment, and pool heaters.
The public meeting will be conducted
in an informal, conference style. A court
reporter will be present to record the
minutes of the meeting. There shall be
no discussion of proprietary
information, costs or prices, market
shares, or other commercial matters
regulated by United States antitrust
laws.
After the public meeting and the
expiration of the period for submitting
written statements, DOE will consider
all comments and additional
information that is obtained from
interested parties or through further
analyses, and it will prepare a NOPR.
The NOPR will include proposed energy
conservation standards for the products
covered by this rulemaking, and
members of the public will be given an
opportunity to submit written and oral
comments on the proposed standards.
Issued in Washington, DC, on January 5,
2009.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy.
[FR Doc. E9–476 Filed 1–12–09; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0004; Directorate
Identifier 2008–NM–160–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318, A319, A320, and A321 Series
Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
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]]>Agencies
[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Proposed Rules]
[Pages 1643-1646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-476]
=======================================================================
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2006-BT-STD-0129]
RIN 1904-AA90
Energy Conservation Standards for Residential Water Heaters,
Direct Heating Equipment, and Pool Heaters: Public Meeting and
Availability of the Preliminary Technical Support Document
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of preliminary
technical support document.
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SUMMARY: The Department of Energy (DOE) will hold an informal public
meeting to discuss and receive comments on the product classes that DOE
plans to analyze for purposes of amending energy conservation standards
for certain residential heating products; the analytical framework,
models, and tools that DOE is using to evaluate standards for these
products; the results of preliminary analyses performed by DOE for
these products; and potential energy conservation standard levels
derived from these analyses that DOE could consider for these products.
DOE also encourages written comments on these subjects. To inform
stakeholders and facilitate this process, DOE has prepared an agenda, a
preliminary Technical Support Document (preliminary-TSD), and briefing
materials, all of which are available at: https://www.eere.energy.gov/
buildings/appliance_standards/residential/heating products.html.
DATES: DOE will hold a public meeting on Monday, February 9, 2009, from
9 a.m. to 5 p.m. in Washington, DC. Any person requesting to speak at
the public meeting should submit such request, along with an electronic
copy of the statement to be given at the public meeting, before 4 p.m.,
Monday, January 26, 2009. Written comments are welcome, especially
following the public meeting, and should be submitted by March 16,
2009.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Please note that foreign nationals
participating in the public meeting are subject to advance security
screening procedures. If a foreign national wishes to participate in
the public meeting, please
[[Page 1644]]
inform DOE of this fact as soon as possible by contacting Ms. Brenda
Edwards at (202) 586-2945 so that the necessary procedures can be
completed.
Interested persons may submit comments, identified by docket number
EERE-2006-BT-STD-0129, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: ResWaterDirectPoolHtrs@ee.doe.gov. Include EERE-
2006-BT-STD-0129 in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Public Meeting for
Residential Water Heaters, Direct Heating Equipment, and Pool Heaters,
EERE-2006-BT-STD-0129, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone (202) 586-2945. Please submit one signed paper
original.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024. Telephone (202) 586-2945. Please
submit one signed paper original.
Instructions: All submissions received must include the agency name
and docket number.
Docket: For access to the docket to read background documents, a
copy of the transcript of the public meeting, or comments received, go
to the U.S. Department of Energy, 6th Floor, 950 L'Enfant Plaza, SW.,
Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda Edwards
at (202) 586-2945 for additional information regarding visiting the
Resource Room. Please note that DOE's Freedom of Information Reading
Room (formerly Room 1E-190 at the Forrestal Building) is no longer
housing rulemaking materials.
FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC
20585-0121, (202) 586-7892. E-mail: Mohammed.Khan@ee.doe.gov. Michael
Kido, U.S. Department of Energy, Office of General Counsel, GC-72, 1000
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-8145. E-
mail: Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
A. Statutory Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C.
6291, et seq.) (EPCA) established the Energy Conservation Program for
Consumer Products Other than Automobiles, covering major household
appliances including water heaters and home heating equipment.
Subsequent amendments expanded Title III of EPCA to include additional
consumer products and certain commercial and industrial equipment,
including residential pool heaters. (42 U.S.C. 6291, et seq.)
Furthermore, the National Appliance Energy Conservation Act of 1987
(NAECA) amended EPCA by establishing energy conservation standards for
residential water heaters, ``direct heating equipment'' (replacing the
term ``home heating equipment'' previously used in EPCA), and pool
heaters, as well as requirements for determining whether these
standards should be amended. (42 U.S.C. 6295(e)(1) through (4))
Before DOE prescribes an amended standard for any of these
products, however, it must first solicit comments on a proposed
standard. Moreover, DOE must design each new or amended standard for
these products to (1) achieve the maximum improvement in energy
efficiency that is technologically feasible and economically justified,
and (2) result in significant conservation of energy. (42 U.S.C.
6295(o)(2)(A)) and (3) To determine whether a proposed standard is
economically justified, DOE must, after receiving comments on the
proposed standard, determine whether the benefits of the standard
exceed its burdens to the greatest extent practicable, weighing the
following seven factors:
1. The economic impact of the standard on manufacturers and
consumers of products subject to the standard;
2. The savings in operating costs throughout the estimated average
life of the covered products in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered products which are likely to result from the imposition of the
standard;
3. The total projected amount of energy savings likely to result
directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered
products likely to result from the imposition of the standard;
5. The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
imposition of the standard;
6. The need for national energy conservation; and
7. Other factors the Secretary considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i).)
Prior to proposing a standard, DOE typically seeks public input on
the analytical framework, models, and tools that DOE will use to
evaluate standards for the product at issue; the results of preliminary
analyses performed by DOE for the product; and potential energy
conservation standard levels derived from these analyses that DOE could
consider. DOE is publishing this document to announce the availability
of the preliminary TSD, which details the preliminary analyses,
discusses the comments on the Framework document, and summarizes the
preliminary results. In addition, DOE is announcing a public meeting to
solicit feedback from interested parties on its analytical framework,
models, and preliminary results.
B. History of Standards Rulemaking for Residential Heating Products
1. Background
As indicated above, NAECA amended EPCA to establish energy
conservation standards for each of the three heating products,
applicable to units manufactured on or after January 1, 1990. For water
heaters, EPCA prescribed minimum efficiency levels that vary depending
on the storage volume of the product and the type of energy it uses
(i.e., gas, oil, or electricity). (42 U.S.C. 6295(e)(1)) For gas-fired
direct heating equipment, EPCA prescribed a range of minimum annual
fuel utilization efficiency (AFUE) levels, each of which applies to
units of a particular type and heating capacity range. (42 U.S.C.
6295(e)(3)) In addition, for gas-fired pool heaters, EPCA prescribed a
minimum thermal efficiency of 78 percent for all units. (42 U.S.C.
6295(e)(2)) For all three of the products, EPCA further requires that
DOE conduct two cycles of rulemakings to determine whether the
standards should be amended. (42 U.S.C. 6295(e)(4)).
On January 17, 2001, DOE published a final rule (the January 2001
final rule), effective on January 20, 2004, amending the energy
conservation standards for residential water heaters. 66 FR 4474. DOE
has not amended the energy conservation standards for direct heating
equipment or pool heaters.
As to direct heating equipment, before the enactment of NAECA, EPCA
included ``home heating equipment'' in
[[Page 1645]]
DOE's appliance standards program. DOE construed this term as covering
unvented as well as vented products, and prescribed a separate test
procedure for each. 43 FR 20128, 20132 (May 2, 1978). Each of these
test procedures has since been amended and both are codified in 10 CFR
part 430, Subpart B, Appendix G (``Uniform Test Method for Measuring
the Energy Consumption of Unvented Home Heating Equipment'') and
Appendix O (``Uniform Test Method for Measuring the Energy Consumption
of Vented Home Heating Equipment''). However, when NAECA replaced the
term ``home heating equipment'' with ``direct heating equipment'' in
NAECA's amendments to EPCA in 1987 (42 U.S.C. 6295(e)(3)), the new
energy conservation standards for this equipment only affected gas
products and the statutorily-prescribed standards used the AFUE
descriptor, which applies to vented, but not unvented, equipment.
Because of the limitation imposed by the statute's use of the AFUE
descriptor, subsequent DOE actions concerning direct heating equipment
have focused solely on vented products.\1\
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\1\ See 59 FR 10464, (March 4, 1994) (NOPR proposing standards
for eight separate products) and 62 FR 26140 (May 12, 1997) (final
rule prescribing test procedure amendments affecting direct heating
equipment).
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The current test procedure for unvented equipment also does not
include a method for measuring energy efficiency. Despite this fact,
because of the manner in which unvented heating products operate, which
is to dissipate any heat losses directly into the conditioned space,
the amount of energy efficiency losses from these products is minimal.
In view of this belief, at this time, DOE is unaware of how the
addition of a procedure to measure the energy efficiency of these
particular products would yield significant energy efficiency benefits
or would otherwise be practical.
DOE also notes that while the NAECA amendments authorized DOE to
regulate unvented direct heating equipment, the rulemaking DOE is
currently considering would address standards only for vented direct
heating equipment since there is currently no energy efficiency
descriptor or test procedure that DOE could apply as the basis for an
amended standard for unvented heating products.
2. Current Rulemaking Process
To initiate the process to develop standards, on September 27,
2006, DOE published on its Web site the Rulemaking Framework for
Residential Water Heaters, Direct Heating Equipment, and Pool Heaters
(the framework document), which describes the procedural and analytic
approaches it anticipated using to evaluate the establishment of energy
conservation standards for these products. This document is available
at https://www.eere.energy.gov/buildings/appliance_standards/
residential/pdfs/heating_equipment_framework_092706.pdf. DOE also
published a notice announcing the availability of the framework
document and a public meeting to discuss the proposed analytical
framework, and inviting written comments concerning the development of
standards for the three heating products. 71 FR 67825 (November 24,
2006).
The focus of the public meeting, which was held on January 16,
2007, was to discuss the analyses and issues identified in various
sections of the framework document. At the meeting, DOE described the
different analyses it would conduct, the methods proposed for
conducting them, and the relationships among the various analyses.
Manufacturers, trade associations, environmental advocates, regulators,
and other interested parties attended. Information related to the
meeting is available at https://www.eere.energy.gov/buildings/
appliance_standards/residential/heating_equipment_mtg.html.
In response to the requests of interested parties at the public
meeting, DOE subsequently published in the Federal Register a notice
that extended the comment period by two weeks. 72 FR 4219 (January 30,
2007). Written comments submitted during the comment period elaborated
on the issues raised at the meeting and addressed other major issues,
including
Scope of coverage;
Product classes;
Efficiency levels analyzed for the engineering analysis;
Installation, repair, and maintenance costs; and
Product and fuel switching.
Comments received since publication of the framework document have
helped identify issues DOE needs to address in developing a proposed
standard and provided information contributing to DOE's proposed
resolution of these issues.
C. Summary of the Analyses Performed by DOE
For each of the three heating products currently under
consideration, DOE conducted in-depth technical analyses in the
following areas: (1) Engineering, (2) energy-use characterization, (3)
markups to determine product price, (4) life-cycle cost (LCC) and
payback period (PBP) analyses, and (5) national impact analysis (NIA).
These analyses resulted in a preliminary TSD that presents the
methodology and results of each of these analyses. The preliminary TSD
is available at the Web address given in the SUMMARY section of this
notice. The analyses are described in more detail below.
DOE also conducted several other analyses that either support the
five major analyses or are preliminary analyses that will be expanded
upon during the notice of proposed rulemaking (NOPR).\2\ These analyses
include the market and technology assessment, the screening analysis,
which contributes to the engineering analysis, and the shipments
analysis, which contributes to the NIA. In addition to these analyses,
DOE has begun some preliminary work on the manufacturer impact analysis
(MIA) and identified the methods to be used for the LCC subgroup
analysis, the environmental assessment, the employment analysis, the
regulatory impact analysis, and the utility impact analysis. DOE will
expand on these analyses in the NOPR.
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\2\ For past rulemakings, DOE was required to issue an Advanced
Notice of Proposed Rulemaking (ANOPR) following publication of the
framework document. The Energy Independence and Security Act of 2007
(EISA) eliminated the requirement that DOE issue an ANOPR as part of
the standards rulemaking process; see EISA, at sec. 307. Instead,
DOE is using this alternative process to provide the same
information and ability for public comment as the ANOPR, but without
publication of analyses in the Federal Register.
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1. Engineering Analysis
The engineering analysis establishes the relationship between the
cost and efficiency of a product DOE is evaluating for amended energy
conservation standards. This relationship serves as the basis for cost-
benefit calculations for individual consumers, manufacturers, and the
Nation. The engineering analysis identifies representative baseline
products, which is the starting point for analyzing technologies that
provide energy efficiency improvements. Baseline product refers to a
model or models having features and technologies typically found in
products currently offered for sale. The baseline model in each product
class represents the characteristics of products in that class and, for
products already subject to energy conservation standards, usually is a
model that just meets the current standard. After identifying the
baseline models, DOE estimated manufacturer selling prices through an
analysis of (1) manufacturer costs, and (2) markups,
[[Page 1646]]
which are the multipliers used to determine the manufacturer selling
prices based on manufacturing cost. Chapter 5 of the preliminary TSD
discusses the engineering analysis.
2. Energy Use Characterization
The energy use characterization provides estimates of annual energy
consumption for the three heating products, which DOE uses in the LCC
and PBP analyses and the NIA. DOE developed energy consumption
estimates for all of the product classes analyzed in the engineering
analysis as the basis for its energy use estimates. Chapter 7 of the
preliminary TSD discusses the energy use characterization.
3. Markups To Determine Product Prices
DOE derives consumer prices for products based on manufacturer
markups, retailer markups, distributor markups, contractor markups,
builder markups, and sales taxes. In deriving these markups, DOE has
determined (1) The distribution channels for product sales; (2) the
markup associated with each party in the distribution channels; and (3)
the existence and magnitude of differences between markups for baseline
products (baseline markups) and for more-efficient products
(incremental markups). DOE calculates both overall baseline and overall
incremental markups based on the product markups at each step in the
distribution channel. The overall incremental markup relates the change
in the manufacturer sales price of higher-efficiency models (the
incremental cost increase) to the change in the retailer or distributor
sales price. Chapter 6 of the preliminary TSD discusses the estimation
of markups.
4. Life-Cycle Cost and Payback Period Analyses
The LCC and PBP analyses determine the economic impact of potential
standards on individual consumers. The LCC is the total consumer
expense for a product over the life of the product. The LCC analysis
compares the LCCs of products designed to meet possible energy
conservation standards with the LCCs of the products likely to be
installed in the absence of standards. DOE determines LCCs by
considering (1) Total installed cost to the purchaser (which consists
of manufacturer selling price, sales taxes, distribution chain markups,
and installation cost); (2) the operating expenses of the products
(energy use and maintenance); (3) product lifetime; and (4) a discount
rate that reflects the real consumer cost of capital and puts the LCC
in present-value terms. The PBP represents the number of years needed
to recover the increase in purchase price (including installation cost)
of more efficient products through savings in the operating cost of the
product. It is the change in total installed cost due to increased
efficiency divided by the change in annual operating cost from
increased efficiency. Chapter 8 of the preliminary TSD discusses the
LCC and PBP analyses.
5. National Impact Analysis
The NIA estimates the national energy savings (NES) and the net
present value (NPV) of total consumer costs and savings expected to
result from new standards at specific efficiency levels (referred to as
candidate standard levels). Examining the three heating products, DOE
calculated NES and NPV for each efficiency level as the difference
between a base-case forecast (without new standards) and the standards
case forecast (with standards). DOE determined national annual energy
consumption by multiplying the number of units in use (by vintage,
which is expressed in years) by the average unit energy consumption
(also by vintage). Cumulative energy savings are the sum of the annual
NES determined over a specified time period. The national NPV is the
sum over time of the discounted net savings each year, which consists
of the difference between total operating cost savings and increases in
total installed costs. Critical inputs to this analysis include
shipments projections, retirement rates (based on estimated product
lifetimes), and estimates of changes in shipments and retirement rates
in response to changes in product costs due to standards. Chapter 10 of
the preliminary TSD discusses the NIA.
DOE consulted with stakeholders and other interested persons as
part of its process for conducting all of the analyses and invites
further input from the public on these topics. The preliminary
analytical results are subject to revision following review and input
from the public. A complete and revised TSD will be made available upon
issuance of a NOPR. The final rule will contain the final analysis
results and be accompanied by a final rule TSD.
DOE encourages those who wish to participate in the public meeting
to obtain the preliminary TSD and to be prepared to discuss its
contents. A copy of the preliminary TSD is available at the Web address
given in the SUMMARY section of this notice. However, public meeting
participants need not limit their comments to the topics identified in
the preliminary TSD. DOE is also interested in receiving views
concerning other relevant issues that participants believe would affect
energy conservation standards for these products or that DOE should
address in the NOPR.
Furthermore, DOE welcomes all interested parties, whether or not
they participate in the public meeting, to submit in writing by March
16, 2009, comments and information on matters addressed in the
preliminary TSD and on other matters relevant to consideration of
standards for residential water heaters, direct heating equipment, and
pool heaters.
The public meeting will be conducted in an informal, conference
style. A court reporter will be present to record the minutes of the
meeting. There shall be no discussion of proprietary information, costs
or prices, market shares, or other commercial matters regulated by
United States antitrust laws.
After the public meeting and the expiration of the period for
submitting written statements, DOE will consider all comments and
additional information that is obtained from interested parties or
through further analyses, and it will prepare a NOPR. The NOPR will
include proposed energy conservation standards for the products covered
by this rulemaking, and members of the public will be given an
opportunity to submit written and oral comments on the proposed
standards.
Issued in Washington, DC, on January 5, 2009.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E9-476 Filed 1-12-09; 8:45 am]
BILLING CODE 6450-01-P
