Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Empire Comfort Systems From the Department of Energy Vented Home Heating Equipment Test Procedure, 16001-16004 [2015-06922]

Download as PDF Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Hand Delivery or Private Delivery Services (e.g., FedEx, UPS, etc.) U.S. Department of Energy (FE–34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E–042, 1000 Independence Avenue SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Larine Moore or Benjamin Nussdorf, U.S. Department of Energy (FE–34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E–042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586–9478; (202) 586–7991. Cassandra Bernstein, U.S. Department of Energy (GC–76), Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586–9793. SUPPLEMENTARY INFORMATION: DOE/FE Evaluation The Application will be reviewed pursuant to section 3(a) of the NGA, 15 U.S.C. 717b(a), and DOE will consider any issues required by law or policy. To the extent determined to be relevant, these issues will include the domestic need for the natural gas proposed to be exported, the adequacy of domestic natural gas supply, U.S. energy security, and the cumulative impact of the requested authorization and any other LNG export application(s) previously approved on domestic natural gas supply and demand fundamentals. DOE may also consider other factors bearing on the public interest, including the impact of the proposed exports on the U.S. economy (including GDP, consumers, and industry), job creation, the U.S. balance of trade, and international considerations; and whether the authorization is consistent with DOE’s policy of promoting competition in the marketplace by allowing commercial parties to freely negotiate their own trade arrangements. Additionally, DOE will consider the following environmental document: Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 2014).3 Parties that may oppose this Application should address these issues in their comments and/or protests, as well as other issues deemed relevant to the Application. The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., 3 The Addendum and related documents are available at: https://energy.gov/fe/draft-addendumenvironmental-review-documents-concerningexports-natural-gas-united-states. VerDate Sep<11>2014 18:55 Mar 25, 2015 Jkt 235001 requires DOE to give appropriate consideration to the environmental effects of its proposed decisions. No final decision will be issued in this proceeding until DOE has met its environmental responsibilities. Public Comment Procedures In response to this Notice, any person may file a protest, comments, or a motion to intervene or notice of intervention, as applicable. Due to the complexity of the issues raised by the Applicant, interested parties will be provided 60 days from the date of publication of this Notice in which to submit their comments, protests, motions to intervene, or notices of intervention. Any person wishing to become a party to the proceeding must file a motion to intervene or notice of intervention. The filing of comments or a protest with respect to the Application will not serve to make the commenter or protestant a party to the proceeding, although protests and comments received from persons who are not parties will be considered in determining the appropriate action to be taken on the Application. All protests, comments, motions to intervene, or notices of intervention must meet the requirements specified by the regulations in 10 CFR part 590. Filings may be submitted using one of the following methods: (1) Emailing the filing to fergas@hq.doe.gov, with FE Docket No. 14–209–LNG in the title line; (2) mailing an original and three paper copies of the filing to the Office of Oil and Gas Global Security and Supply at the address listed in ADDRESSES; or (3) hand delivering an original and three paper copies of the filing to the Office of Oil and Gas Global Supply at the address listed in ADDRESSES. All filings must include a reference to FE Docket No. 14–209– LNG. Please Note: If submitting a filing via email, please include all related documents and attachments (e.g., exhibits) in the original email correspondence. Please do not include any active hyperlinks or password protection in any of the documents or attachments related to the filing. All electronic filings submitted to DOE must follow these guidelines to ensure that all documents are filed in a timely manner. Any hardcopy filing submitted greater in length than 50 pages must also include, at the time of the filing, a digital copy on disk of the entire submission. A decisional record on the Application will be developed through responses to this notice by parties, including the parties’ written comments PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 16001 and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. If an additional procedure is scheduled, notice will be provided to all parties. If no party requests additional procedures, a final Opinion and Order may be issued based on the official record, including the Application and responses filed by parties pursuant to this notice, in accordance with 10 CFR 590.316. The Application is available for inspection and copying in the Division of Natural Gas Regulatory Activities docket room, Room 3E–042, 1000 Independence Avenue SW., Washington, DC 20585. The docket room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The Application and any filed protests, motions to intervene or notice of interventions, and comments will also be available electronically by going to the following DOE/FE Web address: https://www.fe.doe.gov/programs/ gasregulation/. Issued in Washington, DC, on March 19, 2015. John A. Anderson, Director, Office of Oil and Gas Global Security and Supply, Office of Oil and Natural Gas. [FR Doc. 2015–06921 Filed 3–25–15; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. VHE–002] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Empire Comfort Systems From the Department of Energy Vented Home Heating Equipment Test Procedure Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and Order. AGENCY: The U.S. Department of Energy (DOE) gives notice of its Decision and Order in Case No. VHE– 002, which grants Empire Comfort Systems, Inc. (Empire) a waiver from the existing DOE test procedure for determining the energy consumption of residential vented home heating equipment. DOE previously published the Empire Petition for Waiver and solicited comments, data, and information regarding the petition, which requested permission to use the DOE test procedure proposed in the SUMMARY: E:\FR\FM\26MRN1.SGM 26MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 16002 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices Notice of Proposed Rulemaking (NOPR) for Direct Heating Equipment and Pool Heaters published in the Federal Register on October 24, 2013, as an alternate test procedure to account for the energy consumption of its condensing-type direct heating equipment (DHE) models. Under this Decision and Order, Empire shall be required to test and rate its condensingtype direct DHE models using the applicable provisions of the DOE test procedure final rule for DHE published in the Federal Register on January 6, 2015. Empire shall use those provisions as an alternate test procedure until July 6, 2015, the mandatory compliance date for the amended test procedure, at which point this waiver shall terminate. DATES: This Decision and Order is effective March 26, 2015. The waiver granted in this Decision and Order shall terminate on July 6, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop 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–33, 1000 Independence Avenue SW., Washington, DC 20585– 0103. Telephone: (202) 586–9507. Email: Eric.Stas@hq.doe.gov. SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), DOE gives notice of the issuance of its Decision and Order as set forth below. The Decision and Order grants Empire’s request for waiver from the existing residential vented home heating equipment test procedure in 10 CFR part 430, subpart B, appendix O for its PVS (18,35)(K)(N)(P) basic model of condensing-type direct heating equipment, provided that Empire tests and rates such products using the alternate test procedure described in this notice. This Decision and Order prohibits Empire from making representations concerning the energy efficiency of these products unless the product has been tested consistent with the provisions of the alternate test procedure set forth below, and the representations fairly disclose the test results. Distributors, retailers, and private labelers are held to the same standard when making representations regarding the energy efficiency of these products. (42 U.S.C. 6293(c)) This waiver shall terminate on July 6, 2015, the mandatory compliance date for the amended DOE DHE test procedure (the source of the alternate test procedure). VerDate Sep<11>2014 20:03 Mar 25, 2015 Jkt 235001 Issued in Washington, DC, on March 20, 2015. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Decision and Order In the Matter of: Empire Comfort Systems Inc. (Empire) (Case No. VHE– 002). 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), sets forth a variety of provisions concerning energy efficiency and established the ‘‘Energy Conservation Program for Consumer Products Other Than Automobiles.’’ This program covers most major household appliances, including the vented home heating equipment that is the subject 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 that measure energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for residential 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 in 10 CFR 430.27, which were recently amended, contain provisions that enable a person to petition DOE to obtain a waiver from the test procedure requirements for covered products. See 79 FR 26591 (May 9, 2014) (revising 10 CFR 430.27, effective June 9, 2014). (DOE notes that while the previous version of 10 CFR 430.27 was effective at the time of Empire’s submission, the substantive aspects of this regulation have not been changed by the May 9, 2014 final rule.) A person may petition for a waiver from the test procedure requirements that would ordinarily apply to a particular basic model covered under DOE’s regulations when: (1) The petitioner’s basic model for which the petition for waiver was submitted contains one or 1 For editorial reasons, on codification in the U.S. Code, Part B was re-designated 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). PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 more design characteristics that prevent testing according to the prescribed test procedure, or (2) when prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy and/or water consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1) (noting that a person may petition to waive for a particular basic model any requirements of 10 CFR 430.23 or of ‘‘any appendix’’ under 10 CFR part 430, subpart B). Petitioners must include in their petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption characteristics. 10 CFR 430.27(b)(1)(iii). DOE may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2). Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(h). Any interested person who has submitted a Petition for Waiver may also file an Application for Interim Waiver from the applicable test procedure requirements. 10 CFR 430.27(b)(2). DOE will grant an interim waiver request if it is determined that the applicant will experience economic hardship if the interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or DOE 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(e)(2). II. Empire’s Petition for Waiver: Assertions and Determinations On January 20, 2014, Empire filed a Petition for Waiver and Application for Interim Waiver for a condensing-type direct heating equipment model from the test procedure applicable to vented home heating equipment set forth in 10 CFR part 430, subpart B, appendix O.3 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 current 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 E:\FR\FM\26MRN1.SGM 26MRN1 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES See 79 FR 18536 (April 2, 2014). 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. 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, DOE has considered only one of the basic models submitted in the petition 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 requested an interim waiver from the existing DOE test procedure, which DOE granted. See 79 published a notice of re-opening of the 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 comment period nor during the re-opening of the 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. 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). VerDate Sep<11>2014 20:03 Mar 25, 2015 Jkt 235001 FR 18536, 18537 (April 2, 2014). An interim waiver may be granted if it appears likely that the Petition for Waiver will be granted and/or DOE 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(e)(2). DOE determined that Empire’s Application for Interim Waiver did not provide sufficient market, equipment price, shipments, and other manufacturer impact information to 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 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 requested 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. For the reasons stated above, DOE granted Empire’s Application for Interim Waiver from testing of its condensing-type vented gas heater system. 79 FR 18536, 18537–38 (April 2, 2014). DOE did not receive any comments on the Empire petition published in the Federal Register on April 2, 2014 (79 FR 18536). Under this Decision and Order, Empire shall be required to test and rate its condensing-type direct heating equipment (DHE) models using the DOE Final Rule test procedure for DHE published in the Federal Register on January 6, 2015 (80 FR 792). The effective date of this rule was February 5, 2015 and compliance will be mandatory starting July 6, 2015. DOE feels that the use of the Final Rule test procedure will utilize the most up-todate test method and be able to compare similar products to help inform the PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 16003 consumer when purchasing these types of products. III. Consultations With Other Agencies DOE consulted with the Federal Trade Commission (FTC) staff concerning the Empire petition for waiver. The FTC staff did not have any objections to granting a waiver to Empire. IV. Conclusion After careful consideration of all the material that was submitted by Empire and consultation with the FTC staff, it is ordered that: (1) The Petition for Waiver submitted by the Empire Comfort Systems, Inc. (Case No. VHE–002) is hereby granted as set forth in the paragraphs below. (2) Empire shall be required to test and rate the following basic model (condensing vented heater): PVS (18,35) (K)(N)(P) according to the alternate test procedure set forth in paragraph (3) below. (3) Empire shall not be required to test the products listed in paragraph (2) above according to the test procedure for residential vented home heating equipment set forth in 10 CFR part 430, subpart B, appendix O, but instead shall use as the amended test procedure as set forth in the final rule published in the Federal Register on January 6, 2015 (80 FR 792). (4) Representations. Empire may make representations about the energy use of its condensing-type DHE models for compliance, marketing, or other purposes only to the extent that such products have been tested in accordance with the provisions outlined above and such representations fairly disclose the results of such testing. (5) This waiver shall terminate on July 6, 2015, consistent with the provisions of 10 CFR 430.27(h)(2). (6) This waiver is issued on the condition that the statements, representations, and documentary materials provided by the petitioner are valid. DOE may revoke or modify this waiver at any time if it determines the factual basis underlying the Petition for Waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic model’s true energy consumption characteristics. (7) This waiver is granted for only those models specifically set out in Empire’s January 20, 2014 Petition for Waiver, not future models that may be manufactured by Empire. Empire may submit a new or amended Petition for Waiver and Application for Grant of Interim Waiver, as appropriate, for additional residential vented home heating equipment models for which it seeks a waiver from the DOE test E:\FR\FM\26MRN1.SGM 26MRN1 16004 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices AGENCY: DC 20585; Fax: 202–586–0971; or email at: eva.auman@hq.doe.gov. SUPPLEMENTARY INFORMATION: This information collection request contains: (1) OMB No. 1910–5143; (2) Information Collection Request Title: Labor Relations Report; (3) Type of Request: three-year extension with minor change due to new electronic reporting system; (4) Purpose: To obtain information from the Department of Energy Management and Operation and Facilities Management Contractors for management oversight and cost control; (5) Annual Estimated Number of Respondents: 35; (6) Annual Estimated Number of Total Responses: 35; (7) Annual Estimated Number of Burden Hours: 193; (8) Annual Estimated Reporting and Recordkeeping Cost Burden: $0.00 annually. ACTION: Statutory Authority: 42 U.S.C. 7254, 7256. procedure. Grant of this waiver also does not release Empire from the certification requirements set forth at 10 CFR part 429. Issued in Washington, DC, on March 20, 2015. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2015–06922 Filed 3–25–15; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Agency Information Collection Extension U.S. Department of Energy. Notice and request for comments. The Department of Energy (DOE), pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years, an information collection request with the Office of Management and Budget (OMB). Comments are invited on: (a) Whether the extended collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. SUMMARY: Comments regarding this proposed information collection must be received on or before May 26, 2015. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. DATES: Written comments may be sent to: Eva Auman, GC–63, Department of Energy, 1000 Independence Ave. SW., Washington, DC 20585; Fax: 202– 586–0971; or email at: eva.auman@hq. doe.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Eva Auman, GC–63, Department of Energy, 1000 Independence Ave. SW., Washington, mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 18:55 Mar 25, 2015 Jkt 235001 Issued in Washington, DC, on March 20, 2015. Jean S. Stucky, Assistant General Counsel for Labor and Pension Law, Office of the General Counsel. [FR Doc. 2015–06920 Filed 3–25–15; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OECA–2014–0055; FRL–9924– 46–OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for the Secondary Lead Smelter Industry (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ‘‘NESHAP for the Secondary Lead Smelter Industry (Renewal)’’ (EPA ICR No. 1686.10, OMB Control No. 2060– 0296) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through March 31, 2015. Public comments were previously requested via the Federal Register (79 FR 30117) on May 27, 2014 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of SUMMARY: PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 information unless it displays a currently valid OMB control number. DATES: Additional comments may be submitted on or before April 27, 2015. ADDRESSES: Submit your comments, referencing Docket ID Number EPA– HQ–OECA–2014–0055, to (1) EPA online using www.regulations.gov (our preferred method), by email to docket.oeca@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to oira_submission@omb.eop.gov. Address comments to OMB Desk Officer for EPA. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564–2970; fax number: (202) 564–0050; email address: yellin.patrick@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/ dockets. Abstract: This standard applies to owners and operators of secondary lead smelter industry facilities. The provisions of this subpart apply to secondary lead smelters that use blast, reverberatory, rotary, or electric smelting furnaces to recover lead metal from scrap lead, primarily from used lead-acid automotive-type batteries. Consistent with the NESHAP General Provisions (40 CFR part 63, subpart A), owners and operators must comply with recordkeeping, monitoring and reporting requirements including control device parameter monitoring, conduct performance tests and submittal of initial and periodic reports such as semiannual compliance reports and an operation, maintenance and E:\FR\FM\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Pages 16001-16004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06922]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. VHE-002]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Empire Comfort Systems From the Department 
of Energy Vented Home Heating Equipment Test Procedure

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

ACTION: Decision and Order.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) gives notice of its 
Decision and Order in Case No. VHE-002, which grants Empire Comfort 
Systems, Inc. (Empire) a waiver from the existing DOE test procedure 
for determining the energy consumption of residential vented home 
heating equipment. DOE previously published the Empire Petition for 
Waiver and solicited comments, data, and information regarding the 
petition, which requested permission to use the DOE test procedure 
proposed in the

[[Page 16002]]

Notice of Proposed Rulemaking (NOPR) for Direct Heating Equipment and 
Pool Heaters published in the Federal Register on October 24, 2013, as 
an alternate test procedure to account for the energy consumption of 
its condensing-type direct heating equipment (DHE) models. Under this 
Decision and Order, Empire shall be required to test and rate its 
condensing-type direct DHE models using the applicable provisions of 
the DOE test procedure final rule for DHE published in the Federal 
Register on January 6, 2015. Empire shall use those provisions as an 
alternate test procedure until July 6, 2015, the mandatory compliance 
date for the amended test procedure, at which point this waiver shall 
terminate.

DATES: This Decision and Order is effective March 26, 2015. The waiver 
granted in this Decision and Order shall terminate on July 6, 2015.

FOR FURTHER INFORMATION CONTACT:
    Mr. Bryan Berringer, U.S. Department of Energy, Building 
Technologies Office, Mailstop 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-33, 1000 Independence Avenue SW., Washington, DC 
20585-0103. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), DOE 
gives notice of the issuance of its Decision and Order as set forth 
below. The Decision and Order grants Empire's request for waiver from 
the existing residential vented home heating equipment test procedure 
in 10 CFR part 430, subpart B, appendix O for its PVS (18,35)(K)(N)(P) 
basic model of condensing-type direct heating equipment, provided that 
Empire tests and rates such products using the alternate test procedure 
described in this notice. This Decision and Order prohibits Empire from 
making representations concerning the energy efficiency of these 
products unless the product has been tested consistent with the 
provisions of the alternate test procedure set forth below, and the 
representations fairly disclose the test results. Distributors, 
retailers, and private labelers are held to the same standard when 
making representations regarding the energy efficiency of these 
products. (42 U.S.C. 6293(c)) This waiver shall terminate on July 6, 
2015, the mandatory compliance date for the amended DOE DHE test 
procedure (the source of the alternate test procedure).

    Issued in Washington, DC, on March 20, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Empire Comfort Systems Inc. (Empire) (Case No. 
VHE-002).

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), sets 
forth a variety of provisions concerning energy efficiency and 
established the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles.'' This program covers most major household 
appliances, including the vented home heating equipment that is the 
subject 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 that measure 
energy efficiency, energy use, or estimated operating costs, and that 
are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test 
procedure for residential 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, on codification in the U.S. Code, 
Part B was re-designated 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 in 10 CFR 430.27, which were recently 
amended, contain provisions that enable a person to petition DOE to 
obtain a waiver from the test procedure requirements for covered 
products. See 79 FR 26591 (May 9, 2014) (revising 10 CFR 430.27, 
effective June 9, 2014). (DOE notes that while the previous version of 
10 CFR 430.27 was effective at the time of Empire's submission, the 
substantive aspects of this regulation have not been changed by the May 
9, 2014 final rule.) A person may petition for a waiver from the test 
procedure requirements that would ordinarily apply to a particular 
basic model covered under DOE's regulations when: (1) The petitioner's 
basic model for which the petition for waiver was submitted contains 
one or more design characteristics that prevent testing according to 
the prescribed test procedure, or (2) when prescribed test procedures 
may evaluate the basic model in a manner so unrepresentative of its 
true energy and/or water consumption characteristics as to provide 
materially inaccurate comparative data. 10 CFR 430.27(a)(1) (noting 
that a person may petition to waive for a particular basic model any 
requirements of 10 CFR 430.23 or of ``any appendix'' under 10 CFR part 
430, subpart B). Petitioners must include in their petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption 
characteristics. 10 CFR 430.27(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 430.27(f)(2). Waivers remain in 
effect pursuant to the provisions of 10 CFR 430.27(h).
    Any interested person who has submitted a Petition for Waiver may 
also file an Application for Interim Waiver from the applicable test 
procedure requirements. 10 CFR 430.27(b)(2). DOE will grant an interim 
waiver request if it is determined that the applicant will experience 
economic hardship if the interim waiver is denied, if it appears likely 
that the petition for waiver will be granted, and/or DOE 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(e)(2).

II. Empire's Petition for Waiver: Assertions and Determinations

    On January 20, 2014, Empire filed a Petition for Waiver and 
Application for Interim Waiver for a condensing-type direct heating 
equipment model from the test procedure applicable to vented home 
heating equipment set forth in 10 CFR part 430, subpart B, appendix 
O.\3\

[[Page 16003]]

See 79 FR 18536 (April 2, 2014). 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 current 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 the 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 comment period 
nor during the re-opening of the 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, DOE has considered only one of the 
basic models submitted in the petition 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 requested an interim waiver from the existing DOE test 
procedure, which DOE granted. See 79 FR 18536, 18537 (April 2, 2014). 
An interim waiver may be granted if it appears likely that the Petition 
for Waiver will be granted and/or DOE 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(e)(2). DOE 
determined that Empire's Application for Interim Waiver did not provide 
sufficient market, equipment price, shipments, and other manufacturer 
impact information to 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 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 requested 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. For the reasons stated above, DOE 
granted Empire's Application for Interim Waiver from testing of its 
condensing-type vented gas heater system. 79 FR 18536, 18537-38 (April 
2, 2014).
    DOE did not receive any comments on the Empire petition published 
in the Federal Register on April 2, 2014 (79 FR 18536).
    Under this Decision and Order, Empire shall be required to test and 
rate its condensing-type direct heating equipment (DHE) models using 
the DOE Final Rule test procedure for DHE published in the Federal 
Register on January 6, 2015 (80 FR 792). The effective date of this 
rule was February 5, 2015 and compliance will be mandatory starting 
July 6, 2015. DOE feels that the use of the Final Rule test procedure 
will utilize the most up-to-date test method and be able to compare 
similar products to help inform the consumer when purchasing these 
types of products.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Empire petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Empire.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Empire and consultation with the FTC staff, it is ordered that:
    (1) The Petition for Waiver submitted by the Empire Comfort 
Systems, Inc. (Case No. VHE-002) is hereby granted as set forth in the 
paragraphs below.
    (2) Empire shall be required to test and rate the following basic 
model (condensing vented heater):
    PVS (18,35) (K)(N)(P) according to the alternate test procedure set 
forth in paragraph (3) below.
    (3) Empire shall not be required to test the products listed in 
paragraph (2) above according to the test procedure for residential 
vented home heating equipment set forth in 10 CFR part 430, subpart B, 
appendix O, but instead shall use as the amended test procedure as set 
forth in the final rule published in the Federal Register on January 6, 
2015 (80 FR 792).
    (4) Representations. Empire may make representations about the 
energy use of its condensing-type DHE models for compliance, marketing, 
or other purposes only to the extent that such products have been 
tested in accordance with the provisions outlined above and such 
representations fairly disclose the results of such testing.
    (5) This waiver shall terminate on July 6, 2015, consistent with 
the provisions of 10 CFR 430.27(h)(2).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the Petition for Waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic model's true energy consumption 
characteristics.
    (7) This waiver is granted for only those models specifically set 
out in Empire's January 20, 2014 Petition for Waiver, not future models 
that may be manufactured by Empire. Empire may submit a new or amended 
Petition for Waiver and Application for Grant of Interim Waiver, as 
appropriate, for additional residential vented home heating equipment 
models for which it seeks a waiver from the DOE test

[[Page 16004]]

procedure. Grant of this waiver also does not release Empire from the 
certification requirements set forth at 10 CFR part 429.

    Issued in Washington, DC, on March 20, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-06922 Filed 3-25-15; 8:45 am]
 BILLING CODE 6450-01-P
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