Energy Conservation Program for Certain Commercial and Industrial Equipment: Proposed Determination of Natural Draft Commercial Packaged Boilers as Covered Industrial Equipment, 51487-51488 [2015-20970]
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Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket Number EERE–2013–BT–STD–
0030]
RIN 1904–AD01
Energy Conservation Program for
Certain Commercial and Industrial
Equipment: Proposed Determination of
Natural Draft Commercial Packaged
Boilers as Covered Industrial
Equipment
Proposed determination of
coverage; withdrawal.
ACTION:
The U.S. Department of
Energy (DOE) withdraws its August 13,
2013, notice of proposed determination
that natural draft commercial packaged
boilers meet the criteria for covered
equipment under Part A–1 of Title III of
the Energy Policy and Conservation Act
of 1975 (EPCA), as amended. 78 FR
49202. DOE is taking this action after
consideration of comments received in
response to the notice of proposed
determination and other relevant
rulemakings that indicate a common
and long-standing understanding from
interested parties that natural draft
commercial packaged boilers are and
have been covered equipment under
part A–1 of Title III of EPCA.
SUMMARY:
The proposed determination is
withdrawn August 25, 2015.
DATES:
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
Mr. James Raba, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–8654. Email:
commercial_packaged_boilers@
ee.doe.gov.
Mr. Peter Cochran, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585. Telephone:
(202) 586–9496. Email: Peter.Cochran@
hq.doe.gov.
Table of Contents
I. Authority
II. Background
III. Discussion
IV. Approval of the Office of the Secretary
VerDate Sep<11>2014
16:31 Aug 24, 2015
Jkt 235001
announced the availability of the
framework document. 78 FR 54197.
Subsequently, on November 20, 2014,
DOE published another notice of public
meeting (November 2014 NOPM) in the
Federal Register that announced the
availability of the preliminary analysis
technical support document. 79 FR
69066. Both notices requested public
comment from interested parties about
various aspects of the rulemakings.
II. Background
On August 13, 2013, the U.S.
Department of Energy (DOE) published
in the Federal Register a Notice of
Proposed Determination (August 2013
NOPD) to clarify that natural draft
commercial packaged boilers are
covered equipment under EPCA. 78 FR
49202. Under EPCA, ‘‘the term
‘packaged boiler’ means a boiler that is
shipped complete with heating
equipment, mechanical draft
equipment, and automatic controls;
usually shipped in one or more
sections.’’ (42 U.S.C. 6311(11)(B)) In the
August 2013 NOPD, DOE sought to
clarify its statutory authority to cover
commercial packaged boilers that do not
include mechanical draft equipment by
proposing the following definition for
natural draft commercial packaged
boilers: The term ‘‘natural draft
commercial packaged boiler means a
commercial packaged boiler designed to
operate with negative pressure in the
firebox and in the flue connection
created by a chimney or the height of
the unit itself, up to the draft control
device. Such boilers do not require
mechanical drafting equipment to vent
combustion gases, but may include
mechanical devices such as mechanical
flue or stack dampers to limit the heat
losses through the flue vent during offcycle.’’ 78 FR 49203. DOE also
requested public comment on the
proposed determination of coverage and
proposed definition.
In parallel, DOE initiated a
rulemaking to amend the energy
conservation standards for commercial
packaged boilers. On September 3, 2013,
DOE published a notice of public
meeting in the Federal Register that
III. Discussion
DOE received several written
comments that are relevant to the
coverage determination of natural draft
commercial packaged boilers in
response both to the August 2013 NOPD
and the November 2014 NOPM.
In response to the August 2013 NOPD,
DOE received comments from the AirConditioning, Heating, and Refrigeration
Institute (AHRI).
AHRI stated that the long time
practices of both industry and DOE
make clear that natural draft commercial
packaged boilers are covered equipment
subject to the efficiency standards
established in accordance with EPCA,
noting that the minimum efficiency
standards specified for commercial
boilers have been applied to all
commercial packaged boiler models,
natural draft or otherwise, for the past
20 years. AHRI further noted that the
minimum efficiency standards specified
for commercial boilers in American
Society of Heating, Refrigeration, and
Air-Conditioning Engineers (ASHRAE)
Standard 90.1, ‘‘Energy Standard for
Buildings Except Low-Rise Residential
Buildings’’ (upon which the Federal
standards are based) have been applied
to all models since the first edition of
the standard more than 35 years ago,
and asserted that there should be no
question that natural draft commercial
packaged boilers are covered equipment
subject to DOE’s efficiency standards.
Finally, AHRI suggested that if it is
necessary to prevent ambiguity in the
definition, DOE simply edit the
definition to clarify that a commercial
packaged boiler is shipped with
mechanical draft equipment only if
required, which AHRI asserted reflects
the proper reading that the definition
covers all types of boilers. (AHRI, No. 7
at pp. 1–2) 3
In response to the November 2014
NOPM, DOE received comments from
various interested parties, including
1 For editorial reasons, upon codification in the
United States Code (U.S.C.), Part C was redesignated Part A–1.
2 All references to EPCA in this document refer
to the statute as amended through Energy Efficiency
Improvement Act of 2015, Public Law 114–11
(April 30, 2015).
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
AGENCY:
SUPPLEMENTARY INFORMATION:
I. Authority
Title III, Part C 1 of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163, as amended, (42
U.S.C. 6311–6317, as codified), added
by Public Law 95–619, Title IV, § 441(a),
established the Energy Conservation
Program for Certain Industrial
Equipment, which includes commercial
packaged boilers.2 In addition to
specifying a list of covered commercial
and industrial equipment, EPCA
contains provisions that enable the
Secretary of Energy to classify
additional types of commercial and
industrial equipment as covered
equipment. (42 U.S.C. 6311(1)(L))
51487
3 A notation in the form ‘‘AHRI, No. 7 at pp.
1–2’’ identifies a written comment: (1) Made by
AHRI; (2) recorded as comment number 7 in the
docket of this rulemaking (Docket No. EERE–2013–
BT–STD–0030) and available for review at
www.regulations.gov; and (3) which appears on
pages 1 and 2 of comment number 7.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
E:\FR\FM\25AUP1.SGM
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51488
Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules
AHRI and Raypak Inc. Raypak argued
that the industry has recognized, and
there should be no question, that natural
draft boilers have been covered under
EPCA for many years. (Raypak, No. 35
at p. 2) AHRI commented that the
minimum efficiency standards specified
for commercial packaged boilers in
EPCA have been applied to all models
including natural draft for the past 20
years. AHRI also restated its position
from previous comments (discussed
above) that there should be no question
that natural draft commercial packaged
boilers are covered equipment subject to
DOE’s standards. (AHRI, No. 37 at p. 2)
In summary, comments received from
interested parties, both from the August
2013 NOPD and the November 2014
NOPM, support DOE’s understanding
that packaged boilers, as currently
defined under EPCA, include natural
draft packaged boilers. Therefore, DOE
concludes that it is not necessary to
publish a final coverage determination
for natural draft commercial packaged
boilers and is withdrawing its notice of
proposed determination.
IV. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this withdrawal notice.
List of Subjects in 10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Reporting and recordkeeping
requirements.
Issued in Washington, DC, on August 14,
2015.
Kathleen B. Hogan,
Deputy Assistant Secretary Energy Efficiency
and Renewable Energy.
[FR Doc. 2015–20970 Filed 8–24–15; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–3146; Directorate
Identifier 2014–NM–249–AD]
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
SUMMARY:
VerDate Sep<11>2014
16:31 Aug 24, 2015
Jkt 235001
The Boeing Company Model 777–200
series airplanes. This proposed AD was
prompted by an evaluation by the
design approval holder (DAH)
indicating that the skin lap splices at
certain stringers in certain fuselage
sections are subject to widespread
fatigue damage (WFD). This proposed
AD would require inspections to detect
cracking of fuselage skin lap splices in
certain fuselage sections, and corrective
actions if necessary; modification of leftside and right-side lap splices; and postmodification repetitive inspections for
cracks in the modified lap splices, and
corrective actions if necessary. We are
proposing this AD to detect and correct
fatigue cracking of the skin lap splices,
and consequent risk of sudden
decompression and the inability to
sustain limit flight and pressure loads.
DATES: We must receive comments on
this proposed AD by October 9, 2015.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, WA 98124–2207;
telephone 206–544–5000, extension 1;
fax 206–766–5680; Internet https://
www.myboeingfleet.com. You may view
this referenced service information at
the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA,
call 425–227–1221. It is also available
on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3146.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3146; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Haytham Alaidy, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA
98057–3356; phone: 425–917–6573; fax:
425–917–6590; email: Haytham.Aaidy@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2015–3146; Directorate Identifier 2014–
NM–249–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
Structural fatigue damage is
progressive. It begins as minute cracks,
and those cracks grow under the action
of repeated stresses. This can happen
because of normal operational
conditions and design attributes, or
because of isolated situations or
incidents such as material defects, poor
fabrication quality, or corrosion pits,
dings, or scratches. Fatigue damage can
occur locally, in small areas or
structural design details, or globally.
Global fatigue damage is general
degradation of large areas of structure
with similar structural details and stress
levels. Multiple-site damage is global
damage that occurs in a large structural
element such as a single rivet line of a
lap splice joining two large skin panels.
Global damage can also occur in
multiple elements such as adjacent
frames or stringers. Multiple-sitedamage and multiple-element-damage
cracks are typically too small initially to
be reliably detected with normal
E:\FR\FM\25AUP1.SGM
25AUP1
Agencies
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51487-51488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20970]
[[Page 51487]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket Number EERE-2013-BT-STD-0030]
RIN 1904-AD01
Energy Conservation Program for Certain Commercial and Industrial
Equipment: Proposed Determination of Natural Draft Commercial Packaged
Boilers as Covered Industrial Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed determination of coverage; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) withdraws its August 13,
2013, notice of proposed determination that natural draft commercial
packaged boilers meet the criteria for covered equipment under Part A-1
of Title III of the Energy Policy and Conservation Act of 1975 (EPCA),
as amended. 78 FR 49202. DOE is taking this action after consideration
of comments received in response to the notice of proposed
determination and other relevant rulemakings that indicate a common and
long-standing understanding from interested parties that natural draft
commercial packaged boilers are and have been covered equipment under
part A-1 of Title III of EPCA.
DATES: The proposed determination is withdrawn August 25, 2015.
FOR FURTHER INFORMATION CONTACT:
Mr. James Raba, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies, EE-5B, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-8654. Email: commercial_packaged_boilers@ee.doe.gov.
Mr. Peter Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585.
Telephone: (202) 586-9496. Email: Peter.Cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Background
III. Discussion
IV. Approval of the Office of the Secretary
I. Authority
Title III, Part C \1\ of the Energy Policy and Conservation Act of
1975 (EPCA), Public Law 94-163, as amended, (42 U.S.C. 6311-6317, as
codified), added by Public Law 95-619, Title IV, Sec. 441(a),
established the Energy Conservation Program for Certain Industrial
Equipment, which includes commercial packaged boilers.\2\ In addition
to specifying a list of covered commercial and industrial equipment,
EPCA contains provisions that enable the Secretary of Energy to
classify additional types of commercial and industrial equipment as
covered equipment. (42 U.S.C. 6311(1)(L))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the United
States Code (U.S.C.), Part C was re-designated Part A-1.
\2\ All references to EPCA in this document refer to the statute
as amended through Energy Efficiency Improvement Act of 2015, Public
Law 114-11 (April 30, 2015).
---------------------------------------------------------------------------
II. Background
On August 13, 2013, the U.S. Department of Energy (DOE) published
in the Federal Register a Notice of Proposed Determination (August 2013
NOPD) to clarify that natural draft commercial packaged boilers are
covered equipment under EPCA. 78 FR 49202. Under EPCA, ``the term
`packaged boiler' means a boiler that is shipped complete with heating
equipment, mechanical draft equipment, and automatic controls; usually
shipped in one or more sections.'' (42 U.S.C. 6311(11)(B)) In the
August 2013 NOPD, DOE sought to clarify its statutory authority to
cover commercial packaged boilers that do not include mechanical draft
equipment by proposing the following definition for natural draft
commercial packaged boilers: The term ``natural draft commercial
packaged boiler means a commercial packaged boiler designed to operate
with negative pressure in the firebox and in the flue connection
created by a chimney or the height of the unit itself, up to the draft
control device. Such boilers do not require mechanical drafting
equipment to vent combustion gases, but may include mechanical devices
such as mechanical flue or stack dampers to limit the heat losses
through the flue vent during off-cycle.'' 78 FR 49203. DOE also
requested public comment on the proposed determination of coverage and
proposed definition.
In parallel, DOE initiated a rulemaking to amend the energy
conservation standards for commercial packaged boilers. On September 3,
2013, DOE published a notice of public meeting in the Federal Register
that announced the availability of the framework document. 78 FR 54197.
Subsequently, on November 20, 2014, DOE published another notice of
public meeting (November 2014 NOPM) in the Federal Register that
announced the availability of the preliminary analysis technical
support document. 79 FR 69066. Both notices requested public comment
from interested parties about various aspects of the rulemakings.
III. Discussion
DOE received several written comments that are relevant to the
coverage determination of natural draft commercial packaged boilers in
response both to the August 2013 NOPD and the November 2014 NOPM.
In response to the August 2013 NOPD, DOE received comments from the
Air-Conditioning, Heating, and Refrigeration Institute (AHRI).
AHRI stated that the long time practices of both industry and DOE
make clear that natural draft commercial packaged boilers are covered
equipment subject to the efficiency standards established in accordance
with EPCA, noting that the minimum efficiency standards specified for
commercial boilers have been applied to all commercial packaged boiler
models, natural draft or otherwise, for the past 20 years. AHRI further
noted that the minimum efficiency standards specified for commercial
boilers in American Society of Heating, Refrigeration, and Air-
Conditioning Engineers (ASHRAE) Standard 90.1, ``Energy Standard for
Buildings Except Low-Rise Residential Buildings'' (upon which the
Federal standards are based) have been applied to all models since the
first edition of the standard more than 35 years ago, and asserted that
there should be no question that natural draft commercial packaged
boilers are covered equipment subject to DOE's efficiency standards.
Finally, AHRI suggested that if it is necessary to prevent ambiguity in
the definition, DOE simply edit the definition to clarify that a
commercial packaged boiler is shipped with mechanical draft equipment
only if required, which AHRI asserted reflects the proper reading that
the definition covers all types of boilers. (AHRI, No. 7 at pp. 1-2)
\3\
---------------------------------------------------------------------------
\3\ A notation in the form ``AHRI, No. 7 at pp. 1-2'' identifies
a written comment: (1) Made by AHRI; (2) recorded as comment number
7 in the docket of this rulemaking (Docket No. EERE-2013-BT-STD-
0030) and available for review at www.regulations.gov; and (3) which
appears on pages 1 and 2 of comment number 7.
---------------------------------------------------------------------------
In response to the November 2014 NOPM, DOE received comments from
various interested parties, including
[[Page 51488]]
AHRI and Raypak Inc. Raypak argued that the industry has recognized,
and there should be no question, that natural draft boilers have been
covered under EPCA for many years. (Raypak, No. 35 at p. 2) AHRI
commented that the minimum efficiency standards specified for
commercial packaged boilers in EPCA have been applied to all models
including natural draft for the past 20 years. AHRI also restated its
position from previous comments (discussed above) that there should be
no question that natural draft commercial packaged boilers are covered
equipment subject to DOE's standards. (AHRI, No. 37 at p. 2)
In summary, comments received from interested parties, both from
the August 2013 NOPD and the November 2014 NOPM, support DOE's
understanding that packaged boilers, as currently defined under EPCA,
include natural draft packaged boilers. Therefore, DOE concludes that
it is not necessary to publish a final coverage determination for
natural draft commercial packaged boilers and is withdrawing its notice
of proposed determination.
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this withdrawal
notice.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on August 14, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary Energy Efficiency and Renewable Energy.
[FR Doc. 2015-20970 Filed 8-24-15; 8:45 am]
BILLING CODE 6450-01-P