Notice of Petition for Waiver and Grant of Interim Waiver of Empire Comfort Systems From the DOE Vented Home Heating Equipment Test Procedure, 18536-18541 [2014-07362]

Download as PDF 18536 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices accruing interest on outstanding Direct Subsidized Loans. [FR Doc. 2014–07294 Filed 4–1–14; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY State Energy Advisory Board (STEAB) Minutes: The minutes of the meeting will be available for public review and copying within 60 days on the STEAB Web site at: www.steab.org. Issued at Washington, DC, on March 26, 2014. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2014–07355 Filed 4–1–14; 8:45 am] Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of open teleconference. BILLING CODE 6450–01–P This notice announces a teleconference call of the State Energy Advisory Board (STEAB). The Federal Advisory Committee Act (Pub. L. 92– 463; 86 Stat.770) requires that public notice of these meetings be announced in the Federal Register. DATES: Thursday, April 17, 2014 from 3:30 p.m. to 4:00 p.m. (EDT). To receive the call-in number and passcode, please contact the Board’s Designated Federal Officer (DFO) at the address or phone number listed below. FOR FURTHER INFORMATION CONTACT: Julie Hughes, STEAB Designated Federal Officer, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, 1000 Independence Ave. SW., Washington DC 20585. Phone number 202–320–9703, and email at: Julie.Hughes@ee.doe.gov. SUPPLEMENTARY INFORMATION: Purpose of the Board: To make recommendations to the Assistant Secretary for the Office of Energy Efficiency and Renewable Energy regarding goals and objectives, programmatic and administrative policies, and to otherwise carry out the Board’s responsibilities as designated in the State Energy Efficiency Programs Improvement Act of 1990 (Pub. L. 101– 440). Tentative Agenda: Follow-up from March’s in-person live Board meeting, receive STEAB Task Force updates, and look at next-steps and action items to maintain momentum. Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Members of the public who wish to make oral statements pertaining to agenda items should contact Julie Hughes at the address or telephone number listed above. Requests to make oral comments must be received five days prior to the meeting; reasonable provision will be made to include requested topic(s) on the agenda. The Chair of the Board is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Office of Energy Efficiency and Renewable Energy AGENCY: tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:01 Apr 01, 2014 Jkt 232001 DEPARTMENT OF ENERGY [Case No. VHE–002] Notice of Petition for Waiver and Grant of Interim Waiver of Empire Comfort Systems From the DOE Vented Home Heating Equipment Test Procedure Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of Petition for Waiver, Granting of Application for Interim Waiver, and Request for Public Comments. AGENCY: This notice announces receipt of and publishes the Empire Comfort Systems Inc. (Empire) petition for waiver 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 Empire’s specified models of condensing-type vented heaters. The existing test procedure does not apply to condensing heaters. Empire asks that it be permitted to use the DOE test procedure proposed in the Notice of Proposed Rulemaking (NOPR) for Direct Heating Equipment and Pool Heaters published in the Federal Register on October 24, 2013 (78 FR 63410), as an alternate test procedure to account for the energy consumption of its condensing-type direct heating equipment (DHE) models. DOE notes that only one of the basic model numbers submitted in the petition is a covered product subject to the test methods for vented home heating equipment. Today’s notice also grants Empire an interim waiver from the DOE test procedure applicable to direct heating equipment for the one basic model number properly included in the petition, subject to use of the alternative test procedure set forth in this notice. DOE solicits comments, data, and information concerning Empire’s petition and the suggested alternate test procedure. SUMMARY: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 DOE will accept comments, data, and information with respect to the Empire Petition until, but no later than May 2, 2014. ADDRESSES: You may submit comments, identified by case number VHE–002, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: AS_Waiver_Requests@ ee.doe.gov. Include the case number [Case No. VHE–002] in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption. • Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Case No. VHE–002, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–2945. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. • Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW., Suite 600, Washington, DC 20024. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. For further information on how to submit a comment, or review other public comments and the docket, contact Ms. Brenda Edwards at (202) 586–2945 or by email: Brenda.Edwards@ee.doe.gov. FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mail Stop EE–5B, 1000 Independence Avenue SW., Washington, DC 20585– 0121. Telephone: (202) 586–0371. Email: Bryan.Berringer@ee.doe.gov. Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–71, 1000 Independence Avenue SW., Washington, DC 20585– 0103. Telephone: (202) 586–9507. Email: Eric.Stas@hq.doe.gov. For information on how to submit or review public comments, contact Ms. DATES: E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–2945. Email: Brenda.Edwards@ee.doe.gov. SUPPLEMENTARY INFORMATION: I. Background and Authority Title III, Part B 1 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.2 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, Uniform Test Method for Measuring the Energy Consumption of Vented Home Heating Equipment. The regulations set forth at 10 CFR 430.27 contain provisions that enable a person to seek a waiver from the test procedure requirements for covered products. The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) will grant a waiver if it is determined that the basic model for which the petition for waiver was submitted contains one or more design characteristics that prevents testing of the basic model according to the prescribed test procedures, or if the 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(l). Petitioners should include in their petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner 1 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A. 2 All references to EPCA in this document refer to the statute as amended through the American Energy Manufacturing Technical Corrections Act (AEMTCA), Public Law 112–210 (Dec. 18, 2012). VerDate Mar<15>2010 17:01 Apr 01, 2014 Jkt 232001 representative of its energy consumption. The Assistant Secretary may grant the waiver subject to conditions, including adherence to alternate test procedures. Id. Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(m). The waiver process also allows the Assistant Secretary to grant an interim waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures if it is determined that the applicant will experience economic hardship if the application for interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or if the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. 10 CFR 430.27(a)(2) and (g). An interim waiver remains in effect for a period of 180 days or until DOE issues its determination on the petition for waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. 10 CFR 430.27(h). II. Petition for Waiver of Test Procedure and Application for Interim Waiver On January 20, 2014, Empire filed a petition for waiver for condensing-type direct heating equipment models from the test procedure applicable to vented home heating equipment set forth in 10 CFR part 430, subpart B, appendix O.3 In its petition, Empire seeks a waiver from the existing DOE test procedure for its vented gas heaters and fireplace systems under 10 CFR part 430 because Empire asserts that the existing test procedure does not account for 3 On July 21, 2011, Empire originally filed a petition for waiver from the DOE test procedure for residential vented home heating equipment for specified condensing-type direct heating equipment models applicable to its Mantis vented gas fireplace systems. The DOE test procedure in appendix O has no provisions for testing condensing-type direct heating equipment. On November 3, 2011, DOE published the Empire petition for waiver (Case No. VHE–001) from the vented home heating equipment test procedure in the Federal Register (76 FR 68180). The notice provided for the submission of comments by December 5, 2011. Because all known manufacturers of domestically-marketed units of the same product type were not timely notified that DOE published the Petition for Waiver, DOE determined that re-opening of the public comment period was appropriate. On February 1, 2012, DOE published a notice of re-opening of public comment period in the Federal Register (77 FR 5001) with the comment period ending on March 2, 2012. DOE received no comments during the initial petition for waiver nor during the re-opening of public comment period. In the January 20, 2014 request, Empire stated that the list of models in the original waiver submitted to DOE on July 21, 2011 is no longer accurate and is superseded by its latter petition. Thus, DOE has withdrawn the petition under Case No. VHE–001. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 18537 condensing-type heating equipment. Empire seeks to use the test method proposed by DOE in a NOPR for Direct Heating Equipment and Pool Heaters published in the Federal Register on October 24, 2013 (78 FR 63410) (hereinafter the ‘‘October 2013 NOPR’’), as an alternate test procedure to account for the energy consumption of its condensing-type DHE models. That notice, in relevant part, defines the term ‘‘condensing vented heater’’ and provides a method for testing these devices. DOE notes that of the eight basic model numbers set forth in Empire’s petition, only one (PVS (18, 35)(K)(N)(P)) qualifies as a covered DHE product. The remaining seven basic models (which are fireplaces, fireplace inserts, or stoves) are hearth products and are, therefore, subject to neither the test procedure requirements of 10 CFR part 430, subpart B, appendix O nor the proposed requirements of the October 2013 NOPR.4 Therefore, only one of the basic models submitted in the petition was considered for waiver. For the remaining basic models, since testing of hearth products is not required under DOE regulations at this time, there is no need to consider a waiver for such models. However, if Empire chooses to conduct testing to make representations regarding the energy efficiency of these products, the company is free to use any test procedure it deems appropriate. Empire also requests an interim waiver from the existing DOE test procedure for immediate relief. As noted above, an interim waiver may be granted if it is determined that the applicant will experience economic hardship if the application for interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. See 10 CFR 430.27(g). DOE has determined that Empire’s application for interim waiver does not provide sufficient market, equipment price, shipments, and other manufacturer impact information to 4 On February 8, 2013, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a decision vacating the DOE definition of ‘‘Vented hearth heater’’ at 10 CFR 430.2, and remanded the issue to DOE to interpret the challenged provisions consistent with the court’s opinion. Hearth, Patio & Barbecue Association v. U.S. Department of Energy, 706 F.3d 499, 509 (D.C. Cir. 2013). Since that time, DOE has published a proposed coverage determination that would classify all hearth products as a new covered product pursuant to 42 U.S.C. 6292(a)(20) and (b). 78 FR 79638 (Dec. 31, 2013). E:\FR\FM\02APN1.SGM 02APN1 18538 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices permit DOE to evaluate the economic hardship Empire might experience absent a favorable determination on its application for interim waiver. DOE understands, however, that absent an interim waiver, the basic model submitted by Empire that qualifies as a covered product could not be tested and rated for energy consumption on a basis representative of its true energy consumption characteristics. It is in the public interest to have similar products tested and rated for energy consumption on a comparable basis, where possible. Furthermore, DOE has determined that Empire is likely to succeed on the merits of its petition for waiver and that it is desirable for public policy reasons to grant immediate relief. Empire requests to use the test method proposed by DOE in the October 2013 NOPR as an alternate test procedure to account for the energy consumption of its condensing-type direct heating equipment models; that notice, in relevant part, defines the term ‘‘condensing vented heater’’ and provides a method for testing these devices, thereby providing a suitable vehicle for testing these products and making representations as to their energy efficiency. tkelley on DSK3SPTVN1PROD with NOTICES III. Interim Waiver Granted For the reasons stated above, DOE grants Empire’s application for interim waiver from testing of its condensing vented gas heater system. DOE cannot grant Empire’s application for interim waiver of its vented hearth products, as these products do not meet the definition of direct heating equipment. Therefore, it is ordered that: The application for interim waiver filed by Empire is hereby granted for Empire’s condensing vented gas heater system, subject to the following specifications and conditions below. Empire shall not be required to test its condensing vented gas heater system on the basis of the test procedure at 10 CFR part 430, subpart B, appendix O, but instead, it shall be required to test and rate that system according to the alternate test procedure as set forth in section IV, ‘‘Alternate test procedure.’’ Testing is not required at this time for all other basic models listed in the petition that refer to hearth products (i.e., those that are fireplaces, fireplace inserts, or stoves), although if Empire elects to test such models, it may use an appropriate test procedure of its choosing. Specifically, the interim waiver applies to the following basic model (condensing vented heater): PVS (18,35) (K)(N)(P) VerDate Mar<15>2010 17:01 Apr 01, 2014 Jkt 232001 The interim waiver does not apply to the following basic models (condensing fireplaces, fireplace inserts, and stoves): FG28BM (K)(N)(P) IG28BM (N)(P) BF28 (B,C,G)M(K)(N)(P) BP28 (B,C,G)M(K)(N)(P) BI28 (B,C,G)M(K)(N)(P) FF28BM (K)(N)(P) FI28BM (N)(P) DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not future models that may be manufactured by the petitioner. Empire may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional models of vented gas heater systems for which it seeks a waiver from the DOE test procedure. In addition, DOE notes that granting of an interim waiver or waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429. Further, this interim waiver is conditioned upon the presumed validity of statements, representations, and documents provided by the petitioner. DOE may revoke or modify this interim waiver at any time upon a determination that the factual basis underlying the petition for waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. IV. Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures to make representations about the energy consumption and energy consumption costs of products covered by the statute. (42 U.S.C. 6293(c)) Consistent representations are important for manufacturers to use in making representations about the energy efficiency of their products and to demonstrate compliance with applicable DOE energy conservation standards, as well as for consumers who rely upon such representations in making purchasing decisions. Pursuant to its regulations applicable to waivers and interim waivers from applicable test procedures at 10 CFR 430.27, DOE will consider setting an alternate test procedure for Empire in a subsequent Decision and Order. During the period of the interim waiver granted in this notice, Empire shall test the product listed above according to the test procedures for condensing vented heaters proposed by DOE in the NOPR test procedure rule published October 24, 2013 (78 FR 63410). At this time, testing is not PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 required for hearth products (e.g., fireplaces, fireplace inserts, or stoves), and these products are not covered by the test procedure at 10 CFR part 430, subpart B, appendix O, or the October 2013 NOPR. If Empire elects to test hearth product models, it may use an appropriate test procedure of its choosing. V. Summary and Request for Comments Through today’s notice, DOE announces receipt of Empire’s petition for waiver from the DOE test procedure for vented home heating equipment and grants Empire an interim waiver from the test procedure for its PVS (18, 35)(K)(N)(P) condensing direct heater model. DOE publishes Empire’s petition for waiver in its entirety. The petition does not contain confidential information. The petition includes a suggested alternate test procedure to determine the energy efficiency of Empire’s specified condensing direct heaters. DOE has required use of this alternate test procedure as a condition of its grant of interim waiver and 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. 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: Mr. 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). Pursuant 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 marked ‘‘confidential’’ with all of the information believed to be confidential included, and one copy of the document marked ‘‘non-confidential’’ with all of the information believed to be confidential deleted. DOE will make its own determination about the E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES confidential status of the information and treat it according to its determination. VerDate Mar<15>2010 17:01 Apr 01, 2014 Jkt 232001 Issued in Washington, DC, on March 26, 2014. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1 18539 18540 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices From: Ken Belding [mailto Sent: Monday, January 20, 2014 05:44 PM To: Armstrong, Ashley Cc: Cymbalsky, John Subject: FW: RE: Test Procedures for Direct Heating Equipment (DHE) and Pool Heaters; RIN 1904-AC94 Docket # EERE-2013-BT-TP-0004 Dear Ms. Armstrong, Thank you for your timely response to my earlier note, we appreciate it. As you are aware, the prescribed test procedure for Empire Comfort Systems high efficiency models that produce condensate from the products of combustion evaluates the basic model in a manner as to be unrepresentative of it's true energy consumption characteristics so as to provide materially inaccurate comparative data. Because of this, it is our desire to use the revised test procedure for condensing Direct Heating Equipment (DHE) as soon as possible. The list of models in the original waiver we submitted to the DOE is no longer accurate. The revised, accurate list is below. This is our official request for the DOE to issue us a waiver/interim waiver as soon as possible. We also understand that we potentially will need to retest for efficiency certification when the final testing methodology is released by the DOE. Ashley, is it possible for you to let us know how quickly the waiver/interim waiver could be granted? We have been at this for more than 2 years and are obviously anxious to get the real efficiency numbers for our product to the market. As always we appreciate your effort on our behalf. Model numbers needing a waiver: PVS ( 18,35 ) (K)(N)(P) FG28BM (K)(N)(P) IG28BM (N)(P) BF28 (B,C,G)M(K)(N)(P) BP28 (B,C,G)M(K)(N)(P) BI28 (B,C,G)M(K)(N)(P) FF28BM (K)(N)(P) FI28BM (N)(P) Ken Belding VP Delivery Support Services VerDate Mar<15>2010 17:01 Apr 01, 2014 Jkt 232001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4725 E:\FR\FM\02APN1.SGM 02APN1 EN02AP14.000</GPH> tkelley on DSK3SPTVN1PROD with NOTICES Thank you , [FR Doc. 2014–07362 Filed 4–1–14; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2179–043] tkelley on DSK3SPTVN1PROD with NOTICES Merced Irrigation District; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. Type of Application: New License. b. Project No.: 2179–043. c. Date filed: February 27, 2012. d. Applicant: Merced Irrigation District (Merced ID). e. Name of Project: Merced River Hydroelectric Project. f. Location: The existing project is located on the Merced River in Merced and Mariposa counties, California. The project would occupy 3,152.9 acres of federal land managed by the Bureau of Land Management. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)–825. h. Applicant Contact: Merced Irrigation District, P.O. Box 2288, Merced, CA 95344; Telephone (209) 722–5761. i. FERC Contact: Matt Buhyoff, (202) 502–6824 or matt.buhyoff@ferc.gov. j. Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary prescriptions: 60 days from the issuance date of this notice; reply comments are due 105 days from the issuance date of this notice. The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions using the Commission’s eFiling system at https:// www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https://www.ferc.gov/docs-filing/ ecomment.asp. You must include your VerDate Mar<15>2010 17:01 Apr 01, 2014 Jkt 232001 name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P–2179–043. The Commission’s Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. This application has been accepted for filing and is now ready for environmental analysis. l. The project consists of two developments: New Exchequer Development—(1) New Exchequer Dam—a 490 feet-high dam with a crest length of 1,220 feet and a crest elevation of 879 feet; (2) an ogeetype concrete spillway located about one mile north of New Exchequer dam in a saddle; (3) an earth and rock dike 62-feet-high and 1,500-feet-long located in a saddle about 0.75 mile north of New Exchequer dam; (4) Lake McClure—a reservoir formed by New Exchequer dam with normal maximum water surface elevation of 867 feet msl, a gross storage capacity of 1,024,600acre-feet, a surface area of 7,110 acres, and a shoreline length of about 82 miles; (5) an intake located near the north end of the dam and approximately 382 feet deep at full pool; (6) a 383 feet-long, 18feet-diameter concrete-lined power tunnel leading from the intake to McSwain reservoir north of New Exchequer powerhouse; (7) a 982-feetlong, 16-feet-diameter concrete-encased steel penstock that leads to; (8) a powerhouse with one vertical Francis turbine with a capacity of 94.5 MW, located at the base of New Exchequer dam releasing directly into McSwain reservoir; (9) a switchyard located adjacent to New Exchequer powerhouse and; (10) four developed recreation facilities (McClure Point, Barrett Cove, Horseshoe Bend, and Bagby) with 515 camping units, 4 boat launch facilities, boat rentals, showers, 28 comfort stations, 3 swimming lagoons, 2 marinas, gas and oil service stations, 186 water-electrical campsite hookups, washers and dryers, 117 picnic units and fish cleaning stations. PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 18541 McSwain Development—(1) McSwain dam—located 6.3 miles downstream from New Exchequer dam, an 80 feethigh embankment structure, with a crest length of 1,620 feet and a crest elevation of 425 feet; (2) an ungated concrete overflow spillway located in a flat ridge on the southeast side of the dam, including two sections: A 150-feet-long section with a crest elevation at 402 feet, and a 475-feet-long section with a crest elevation at 400 feet; (3) McSwain reservoir—a 4.8 miles-long reservoir with a normal maximum water surface elevation at 400 feet msl, a maximum depth of 66 feet, a gross storage capacity of 9,730 acre-feet, a surface area of 310 acres, and a shoreline length of about 12.5 miles; (4) an intake located on the north end of the dam and approximately 39 feet below the reservoir’s normal minimum water surface elevation; (5) a 160 feet-long, 9–feet-diameter, low-level powerhouse-bypass pipe leading from the power tunnel intake, through the dam, directly to Pacific Gas and Electric Company’s (PG&E) Merced Falls reservoir (FERC No. 2467); (6) a 15-feetdiameter and 160-feet-long penstock leading a powerhouse with a single vertical Kaplan turbine with a capacity of 9.0 MW, located at the base of McSwain dam, and releasing into Merced Falls reservoir; (7) a switchyard located adjacent to McSwain powerhouse, and; (8) one developed recreation facility with 99 camping units, 1 boat launch facility, boat rentals, showers, 5 comfort stations, a swimming lagoon, marina, gas and oil, 65 water-electrical campsite hookups, washers and dryers, 48 picnic units, a concession store, and fish cleaning stations. The Merced River Project has a dependable capacity of 103.5 MW and an annual average generation of approximately 385 GWh. Merced ID is not proposing any structural changes to the project. However, Merced ID is proposing to remove from the project, but retain in operation outside the license, seven water delivery facilities, which function, in part, to deliver water to a wildlife refuge. Merced ID is also proposing capital improvements to recreation areas at 5 existing recreation sites, as well as the development of a new non-motorized recreation area along the west shore of Lake McClure. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site at https://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC E:\FR\FM\02APN1.SGM 02APN1 EN02AP14.001</GPH> Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices

Agencies

[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18536-18541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07362]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. VHE-002]


Notice of Petition for Waiver and Grant of Interim Waiver of 
Empire Comfort Systems From the DOE Vented Home Heating Equipment Test 
Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of Petition for Waiver, Granting of Application for 
Interim 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 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 Empire's specified models of condensing-type vented 
heaters. The existing test procedure does not apply to condensing 
heaters. Empire asks that it be permitted to use the DOE test procedure 
proposed in the Notice of Proposed Rulemaking (NOPR) for Direct Heating 
Equipment and Pool Heaters published in the Federal Register on October 
24, 2013 (78 FR 63410), as an alternate test procedure to account for 
the energy consumption of its condensing-type direct heating equipment 
(DHE) models. DOE notes that only one of the basic model numbers 
submitted in the petition is a covered product subject to the test 
methods for vented home heating equipment. Today's notice also grants 
Empire an interim waiver from the DOE test procedure applicable to 
direct heating equipment for the one basic model number properly 
included in the petition, subject to use of the alternative test 
procedure set forth in this notice. 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 May 2, 2014.

ADDRESSES: You may submit comments, identified by case number VHE-002, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. VHE-002] in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file 
format, and avoid the use of special characters or any form of 
encryption.
     Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. VHE-002, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-2945. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. If possible, please submit all items on a 
CD, in which case it is not necessary to include printed copies.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    For further information on how to submit a comment, or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Office, Mail Stop EE-5B, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-0371. Email: Bryan.Berringer@ee.doe.gov.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., Washington, DC 
20585-0103. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.
    For information on how to submit or review public comments, contact 
Ms.

[[Page 18537]]

Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-2945. Email: Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part B \1\ 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.\2\ 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, Uniform Test 
Method for Measuring the Energy Consumption of Vented Home Heating 
Equipment.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
---------------------------------------------------------------------------

    The regulations set forth at 10 CFR 430.27 contain provisions that 
enable a person to seek a waiver from the test procedure requirements 
for covered products. The Assistant Secretary for Energy Efficiency and 
Renewable Energy (the Assistant Secretary) will grant a waiver if it is 
determined that the basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevents 
testing of the basic model according to the prescribed test procedures, 
or if the 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(l). Petitioners should 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. The 
Assistant Secretary may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id. Waivers remain in 
effect pursuant to the provisions of 10 CFR 430.27(m).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures if 
it is determined that the applicant will experience economic hardship 
if the application for interim waiver is denied, if it appears likely 
that the petition for waiver will be granted, and/or if the Assistant 
Secretary determines that it would be desirable for public policy 
reasons to grant immediate relief pending a determination on the 
petition for waiver. 10 CFR 430.27(a)(2) and (g). An interim waiver 
remains in effect for a period of 180 days or until DOE issues its 
determination on the petition for waiver, whichever is sooner, and may 
be extended for an additional 180 days, if necessary. 10 CFR 430.27(h).

II. Petition for Waiver of Test Procedure and Application for Interim 
Waiver

    On January 20, 2014, Empire filed a petition for waiver for 
condensing-type direct heating equipment models from the test procedure 
applicable to vented home heating equipment set forth in 10 CFR part 
430, subpart B, appendix O.\3\ In its petition, Empire seeks a waiver 
from the existing DOE test procedure for its vented gas heaters and 
fireplace systems under 10 CFR part 430 because Empire asserts that the 
existing test procedure does not account for condensing-type heating 
equipment. Empire seeks to use the test method proposed by DOE in a 
NOPR for Direct Heating Equipment and Pool Heaters published in the 
Federal Register on October 24, 2013 (78 FR 63410) (hereinafter the 
``October 2013 NOPR''), as an alternate test procedure to account for 
the energy consumption of its condensing-type DHE models. That notice, 
in relevant part, defines the term ``condensing vented heater'' and 
provides a method for testing these devices.
---------------------------------------------------------------------------

    \3\ On July 21, 2011, Empire originally filed a petition for 
waiver from the DOE test procedure for residential vented home 
heating equipment for specified condensing-type direct heating 
equipment models applicable to its Mantis vented gas fireplace 
systems. The DOE test procedure in appendix O has no provisions for 
testing condensing-type direct heating equipment. On November 3, 
2011, DOE published the Empire petition for waiver (Case No. VHE-
001) from the vented home heating equipment test procedure in the 
Federal Register (76 FR 68180). The notice provided for the 
submission of comments by December 5, 2011. Because all known 
manufacturers of domestically-marketed units of the same product 
type were not timely notified that DOE published the Petition for 
Waiver, DOE determined that re-opening of the public comment period 
was appropriate. On February 1, 2012, DOE published a notice of re-
opening of public comment period in the Federal Register (77 FR 
5001) with the comment period ending on March 2, 2012. DOE received 
no comments during the initial petition for waiver nor during the 
re-opening of public comment period. In the January 20, 2014 
request, Empire stated that the list of models in the original 
waiver submitted to DOE on July 21, 2011 is no longer accurate and 
is superseded by its latter petition. Thus, DOE has withdrawn the 
petition under Case No. VHE-001.
---------------------------------------------------------------------------

    DOE notes that of the eight basic model numbers set forth in 
Empire's petition, only one (PVS (18, 35)(K)(N)(P)) qualifies as a 
covered DHE product. The remaining seven basic models (which are 
fireplaces, fireplace inserts, or stoves) are hearth products and are, 
therefore, subject to neither the test procedure requirements of 10 CFR 
part 430, subpart B, appendix O nor the proposed requirements of the 
October 2013 NOPR.\4\ Therefore, only one of the basic models submitted 
in the petition was considered for waiver. For the remaining basic 
models, since testing of hearth products is not required under DOE 
regulations at this time, there is no need to consider a waiver for 
such models. However, if Empire chooses to conduct testing to make 
representations regarding the energy efficiency of these products, the 
company is free to use any test procedure it deems appropriate.
---------------------------------------------------------------------------

    \4\ On February 8, 2013, the U.S. Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit) issued a decision 
vacating the DOE definition of ``Vented hearth heater'' at 10 CFR 
430.2, and remanded the issue to DOE to interpret the challenged 
provisions consistent with the court's opinion. Hearth, Patio & 
Barbecue Association v. U.S. Department of Energy, 706 F.3d 499, 509 
(D.C. Cir. 2013). Since that time, DOE has published a proposed 
coverage determination that would classify all hearth products as a 
new covered product pursuant to 42 U.S.C. 6292(a)(20) and (b). 78 FR 
79638 (Dec. 31, 2013).
---------------------------------------------------------------------------

    Empire also requests an interim waiver from the existing DOE test 
procedure for immediate relief. As noted above, an interim waiver may 
be granted if it is determined that the applicant will experience 
economic hardship if the application for interim waiver is denied, if 
it appears likely that the petition for waiver will be granted, and/or 
the Assistant Secretary determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
of the petition for waiver. See 10 CFR 430.27(g).
    DOE has determined that Empire's application for interim waiver 
does not provide sufficient market, equipment price, shipments, and 
other manufacturer impact information to

[[Page 18538]]

permit DOE to evaluate the economic hardship Empire might experience 
absent a favorable determination on its application for interim waiver. 
DOE understands, however, that absent an interim waiver, the basic 
model submitted by Empire that qualifies as a covered product could not 
be tested and rated for energy consumption on a basis representative of 
its true energy consumption characteristics. It is in the public 
interest to have similar products tested and rated for energy 
consumption on a comparable basis, where possible. Furthermore, DOE has 
determined that Empire is likely to succeed on the merits of its 
petition for waiver and that it is desirable for public policy reasons 
to grant immediate relief. Empire requests to use the test method 
proposed by DOE in the October 2013 NOPR as an alternate test procedure 
to account for the energy consumption of its condensing-type direct 
heating equipment models; that notice, in relevant part, defines the 
term ``condensing vented heater'' and provides a method for testing 
these devices, thereby providing a suitable vehicle for testing these 
products and making representations as to their energy efficiency.

III. Interim Waiver Granted

    For the reasons stated above, DOE grants Empire's application for 
interim waiver from testing of its condensing vented gas heater system. 
DOE cannot grant Empire's application for interim waiver of its vented 
hearth products, as these products do not meet the definition of direct 
heating equipment. Therefore, it is ordered that:
    The application for interim waiver filed by Empire is hereby 
granted for Empire's condensing vented gas heater system, subject to 
the following specifications and conditions below. Empire shall not be 
required to test its condensing vented gas heater system on the basis 
of the test procedure at 10 CFR part 430, subpart B, appendix O, but 
instead, it shall be required to test and rate that system according to 
the alternate test procedure as set forth in section IV, ``Alternate 
test procedure.'' Testing is not required at this time for all other 
basic models listed in the petition that refer to hearth products 
(i.e., those that are fireplaces, fireplace inserts, or stoves), 
although if Empire elects to test such models, it may use an 
appropriate test procedure of its choosing.
    Specifically, the interim waiver applies to the following basic 
model (condensing vented heater):
PVS (18,35) (K)(N)(P)
    The interim waiver does not apply to the following basic models 
(condensing fireplaces, fireplace inserts, and stoves):
FG28BM (K)(N)(P)
IG28BM (N)(P)
BF28 (B,C,G)M(K)(N)(P)
BP28 (B,C,G)M(K)(N)(P)
BI28 (B,C,G)M(K)(N)(P)
FF28BM (K)(N)(P)
FI28BM (N)(P)

    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. Empire may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of vented gas heater systems for 
which it seeks a waiver from the DOE test procedure. In addition, DOE 
notes that granting of an interim waiver or waiver does not release a 
petitioner from the certification requirements set forth at 10 CFR part 
429.
    Further, this interim waiver is conditioned upon the presumed 
validity of statements, representations, and documents provided by the 
petitioner. DOE may revoke or modify this interim waiver at any time 
upon a determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

IV. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards, as well as for consumers who rely upon such representations 
in making purchasing decisions. Pursuant to its regulations applicable 
to waivers and interim waivers from applicable test procedures at 10 
CFR 430.27, DOE will consider setting an alternate test procedure for 
Empire in a subsequent Decision and Order.
    During the period of the interim waiver granted in this notice, 
Empire shall test the product listed above according to the test 
procedures for condensing vented heaters proposed by DOE in the NOPR 
test procedure rule published October 24, 2013 (78 FR 63410). At this 
time, testing is not required for hearth products (e.g., fireplaces, 
fireplace inserts, or stoves), and these products are not covered by 
the test procedure at 10 CFR part 430, subpart B, appendix O, or the 
October 2013 NOPR. If Empire elects to test hearth product models, it 
may use an appropriate test procedure of its choosing.

V. Summary and Request for Comments

    Through today's notice, DOE announces receipt of Empire's petition 
for waiver from the DOE test procedure for vented home heating 
equipment and grants Empire an interim waiver from the test procedure 
for its PVS (18, 35)(K)(N)(P) condensing direct heater model. DOE 
publishes Empire's petition for waiver in its entirety. The petition 
does not contain confidential information. The petition includes a 
suggested alternate test procedure to determine the energy efficiency 
of Empire's specified condensing direct heaters. DOE has required use 
of this alternate test procedure as a condition of its grant of interim 
waiver and 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. 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: Mr. 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).
    Pursuant 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 
marked ``confidential'' with all of the information believed to be 
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential 
deleted. DOE will make its own determination about the

[[Page 18539]]

confidential status of the information and treat it according to its 
determination.

    Issued in Washington, DC, on March 26, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

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[[Page 18541]]


[GRAPHIC] [TIFF OMITTED] TN02AP14.001

[FR Doc. 2014-07362 Filed 4-1-14; 8:45 am]
BILLING CODE 6450-01-P