[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Notices]
[Pages 71630-71631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34457]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Energy Conservation Program for Consumer Products: Publishing of
the Petition for Extension of the 180-Day Period for Revising
Manufacturers Representations
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).
ACTION: Notice.
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SUMMARY: This notice grants the ``Petitions for Extension,'' dated
October 6, 1998, from the Gas Appliance Manufacturers Association
(GAMA) on behalf of Aero Environmental Limited, American Water Heater
Company, Bock Water Heaters, Bradford-White Corporation, Controlled
Energy Corporation (e.l.m. LeBlanc), DEC International, GSW Water
Heating Company Ltd., Heat Transfer Products, Inc., Rheem Water Heater
Division, A. O. Smith Water Products Company, State Industries, Inc.,
Therma-Stor Products Group, Vaughn Manufacturing Company, Vulcano
Termo-Domesticos S.A., Water Heater Innovations, and Airexcel, Inc.,
Crispaire Division. GAMA's Petition asks for an extension of the 180-
day period for manufacturers' representations. The Energy Policy and
Conservation Act, as amended, (EPCA) permits the Secretary of DOE to
extend the period for representations by 180 days if good cause is
shown.
FOR FURTHER INFORMATION CONTACT: Terry Logee, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Mail Station
EE-43, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC
20585-0121, Telephone: (202) 586-1689, E-mail: terry.logee@ee.doe.gov
or Eugene Margolis, Esq., U.S. Department of Energy, Office of General
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence
Avenue, SW, Washington, DC 20585-0121, Telephone: (202) 586-9507.
SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer
Products (other than automobiles) was established by the EPCA which
requires DOE to prescribe standardized test procedures to measure the
energy consumption of certain consumer products, including water
heaters. The intent of the test procedures is to provide a comparable
measure of energy consumption that will assist consumers in making
purchasing decisions, and to form the basis of the Federal Trade
Commission's
[[Page 71631]]
(FTC) labeling requirements. The water heater test procedure final rule
was published on May 11, 1998, at 63 FR 25996. Included in this final
rule, was a revised first hour rating for storage-type water heaters,
defined in the Code of Federal Regulations at 10 CFR, Part 430, Subpart
B, Appendix E, Sec. 1.12.
The following manufacturers have authorized GAMA to petition the
Department under Section 323(c)(2) of EPCA, 42 U.S.C. 6293(c)(2). This
petition was received at DOE on October 6, 1998. The manufacturers
included in the petition are: Aero Environmental Limited, American
Water Heater Company, Bock Water Heaters, Bradford-White Corporation,
Controlled Energy Corporation (e.l.m. LeBlanc), DEC International, GSW
Water Heating Company Ltd., Heat Transfer Products, Inc., Rheem Water
Heater Division, A. O. Smith Water Products Company, State Industries,
Inc., Therma-Stor Products Group, Vaughn Manufacturing Company, Vulcano
Termo-Domesticos S.A., Water Heater Innovations, and Airexcel Inc.,
Crispaire Division.
Section 323(c)(2) of EPCA, 42 U.S.C. 6293(c)(2), allows
manufacturers 180 days to test products according to a new or revised
DOE test procedure in order to determine the energy use or energy
efficiency for the purposes of making representations in writing,
including on a label, or in a broadcast advertisement. On the petition
of any manufacturer(s), the 180-day period may be extended by the
Secretary up to a maximum of an additional 180 days if the Secretary
determines that the initial 180 days would impose undue hardship on the
manufacturer(s). The petition must be received by DOE no later than 60
days before the end of the 180-day period or no later than October 8,
1998 in this case.
In the petition, GAMA claims that there are over 500 models of
residential water heaters. GAMA also claims that since two or more
units for each water heater model must be tested and the revised first
hour test procedure will take about five hours to conduct, the revised
test procedure presents a very large test burden on the manufacturers.
Based on GAMA's survey of residential water heater manufacturers,
each major manufacturer would have to test, on average, at least 190
water heaters at a total cost of about $85,000. This estimate is based
on testing at least two units each for each heater model, and each
major manufacturer having about 95 water heater models to test. Since
the manufacturers have only one or two test cells to dedicate to
testing of the water heaters, GAMA claims that, on average, the testing
will take about 230 days to complete which is greater than the 180 days
required for compliance.
Additionally, GAMA claims that the revised test procedure creates a
difficult situation with regard to the manufacturers' obligation to
comply with the FTC's EnergyGuide labeling requirements for residential
water heaters. Some information on the label is directly specified by
the FTC while other information is determined by the manufacturer based
on the results of the DOE energy efficiency test procedure. The end
points of ranges of comparability for estimated annual energy usage for
models with similar hot water delivery are directly specified by the
FTC. The measure used to group the various water heater models
according to similar hot water delivery capability is the first hour
rating. Since the revised test procedure could result in a change to a
water heater's first hour rating, the FTC appliance label will also
have to change. If the extension is granted, GAMA claims that
manufacturers could provide the FTC with information based on the
revised test procedure in advance of the FTC's May 1st deadline for
estimated annual energy usage for residential water heaters. GAMA
claims this would minimize confusion for consumers.
After discussion with the staff at the FTC, we have determined that
GAMA's claims regarding the FTC's procedures for establishing the end
points of the ranges of comparability for estimated annual energy use
are correct.
DOE staff also verified GAMA's time and cost estimates for testing
water heaters for first hour rating. DOE contacted Intertek Testing
Service (ITS), a commercial testing laboratory, to determine if GAMA's
time estimate of five hours for measuring each water heater's first
hour rating and GAMA's cost estimate of $85,000 for performing tests on
190 water heaters for the revised first hour rating was reasonable. ITS
advised us that the cost estimate of approximately $450 per test unit
($85000/190 heaters) and five-hour time estimate for a first hour
rating by itself with no other tests being conducted was reasonable.
For each water heater tested, in addition to conducting the first hour
rating test, the testing lab would have to unpack the water heater from
the shipping container, setup (and later remove) the water heater from
the test stand, and prepare a report with the test results. Therefore,
DOE has concluded that GAMA's data is accurate and that the revised
test for first hour rating does constitute an undue burden on the
manufacturers.
Since it will take the manufacturers more than 180 days to complete
testing of all water heaters, the Department grants GAMA's petition on
behalf of the following manufacturers: Aero Environmental Limited,
American Water Heater Company, Bock Water Heaters, Bradford-White
Corporation, Controlled Energy Corporation (e.l.m. LeBlanc), DEC
International, GSW Water Heating Company Ltd., Heat Transfer Products,
Inc., Rheem Water Heater Division, A. O. Smith Water Products Company,
State Industries, Inc., Therma-Stor Products Group, Vaughn
Manufacturing Company, Vulcano Termo-Domesticos S.A., Water Heater
Innovations, and Airexcel, Inc., Crispaire Division. This will provide
an additional 180 days so that manufacturers can complete the testing
for first hour rating. The extension allows the manufacturers named
above until June 5, 1999, to comply with representations under the
revised test procedure for first hour rating.
Issued in Washington, DC, on December 21, 1998.
Dan W. Reicher,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 98-34457 Filed 12-28-98; 8:45 am]
BILLING CODE 6450-01-P
