97-27018. Energy Conservation Program for Consumer Products: Test Procedures for Furnaces and Boilers  

  • [Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
    [Rules and Regulations]
    [Pages 53508-53510]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-27018]
    
    
    
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    Part III
    
    
    
    
    
    Department of Energy
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Office of Energy Efficiency and Renewable Energy
    
    
    
    _______________________________________________________________________
    
    
    
    10 CFR Part 430
    
    
    
    Energy Conservation Program for Consumer Products: Test Procedures for 
    Furnaces and Boilers; Interim Final Rule
    
    Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / 
    Rules and Regulations
    
    [[Page 53508]]
    
    
    
    DEPARTMENT OF ENERGY
    
    Office of Energy Efficiency and Renewable Energy
    
    10 CFR Part 430
    
    [Docket No. EE-RM-93-501]
    RIN 1904-AA45
    
    
    Energy Conservation Program for Consumer Products: Test 
    Procedures for Furnaces and Boilers
    
    AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
    Energy.
    
    ACTION: Interim final rule.
    
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    SUMMARY: The Department of Energy (the Department or DOE) is amending a 
    provision of its recently promulgated final rule that prescribed 
    revised test procedures to determine the energy efficiency of furnaces 
    and boilers. Under today's amendment, the test procedures will provide 
    that the flue collector box on a furnace or boiler with a power burner 
    or draft inducer need not be insulated before the start of the cool-
    down test.
    
    DATES: This rule is effective November 10, 1997. Written comments (ten 
    copies) in response to this notice must be received by November 13, 
    1997.
    
    ADDRESSES: Written comments are to be submitted to: U.S. Department of 
    Energy, Office of Energy Efficiency and Renewable Energy, Hearings and 
    Dockets, Interim Final Rule for Test Procedures for Furnaces and 
    Boilers, Docket No. EE-RM-93-501, Forrestal Building, 1000 Independence 
    Avenue, S.W., Washington, D.C. 20585, (202) 586-7574.
        Copies of the public comments received may be read at the 
    Department of Energy Freedom of Information Reading Room, Forrestal 
    Building, Room 1E-190, 1000 Independence Avenue, S.W., Washington, DC 
    20585, (202) 586-6020 between the hours of 9 a.m. and 4 p.m., Monday 
    through Friday, except Federal holidays.
        For more information concerning public participation in this 
    rulemaking proceeding, see Section IV, ``Public Comment,'' of 
    SUPPLEMENTARY INFORMATION.
    
    FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, 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, (202) 586-9138. Or Edward Levy, Esq., U.S. Department of 
    Energy, Office of General Counsel, Mail Station GC-72, Forrestal 
    Building, 1000 Independence Avenue, SW, Washington, DC 20585-0103, 
    (202) 586-9507.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Discussion
    II. Procedural Requirements
        A. Review Under the National Environmental Policy Act of 1969.
        B. Review Under Executive Order 12866, ``Regulatory Planning and 
    Review.''
        C. Review Under Executive Order 12612, ``Federalism.''
        D. Review Under Executive Order 12630, ``Governmental Actions 
    and Interference With Constitutionally Protected Property Rights.''
        E. Review Under the Paperwork Reduction Act.
        F. Review Under Executive Order 12988, ``Civil Justice Reform.''
        G. Review Under Unfunded Mandates Reform Act of 1995.
        H. Review Under Small Business Regulatory Enforcement Fairness 
    Act of 1996.
    III. Interim Final Rule
    IV. Public Comment
    
    I. Discussion
    
        On August 23, 1993, DOE published in the Federal Register a 
    proposal (hereinafter referred to as the 1993 proposed rule) to amend 
    the DOE test procedures for furnaces and boilers. 58 FR 44538. A public 
    hearing was held in Washington, DC, on January 5, 1994, on the proposed 
    rule. On May 12, 1997, after review and evaluation of the comments 
    received, DOE published in the Federal Register a final rule 
    (hereinafter referred to as the 1997 final rule) amending the furnace 
    test procedure. 62 FR 26140. The 1997 final rule incorporated by 
    reference many provisions of the American National Standards Institute, 
    Inc./American Society of Heating, Refrigerating and Air-Conditioning 
    Engineers, Inc. (ANSI/ASHRAE) Standard 103-1993 (hereinafter referred 
    to as Standard 103-1993). Standard 103-1993 includes most of the 
    provisions in the 1993 proposed rule. However, as discussed in preamble 
    to the 1997 final rule, the Department did not intend to adopt in the 
    final rule any revision to the test procedure that would affect the 
    measure of efficiency (Annual Fuel Utilization Efficiency (AFUE)) of 
    existing furnaces and boilers. The 1997 final rule did not include, 
    therefore, those provisions in the 1993 proposed rule (also contained 
    in Standard 103-1993) that the Department believed would, if adopted, 
    reduce the AFUE of certain existing furnaces and boilers.
        Among the provisions of Standard 103-1993 that were included in the 
    1997 final rule was section 7.2.2.2. This section of Standard 103-1993 
    specifies that, for power burner units (including power vented units 
    and oil burners), the flue gas collector box shall be covered with 
    insulation having an R-value of not less than 7 and an outer layer of 
    aluminum foil before the cool-down and heat-up tests.
        After the publication of the 1997 final rule, the Gas Appliance 
    Manufacturers Association (GAMA) contacted the Department and asserted 
    that the adoption of this insulation requirement in the DOE test 
    procedures will reduce the AFUE of many furnaces and boilers. GAMA 
    stated that for some units the reduced AFUE would be below the minimum 
    standard, while for others it would be below the qualifying levels for 
    many utility rebate programs.
        As discussed in the preamble to the 1997 final rule, 62 FR at 
    26147, the requirement to insulate the flue collector box of power 
    burner units can be traced to language in prior DOE test procedures and 
    ANSI/ASHRAE Standard 103-1982. DOE has reviewed that language, and has 
    found that it was ambiguous, and was susceptible to a reasonable 
    interpretation that it did not apply to power vented units. 
    Furthermore, since 1983 furnace manufacturers, GAMA and Intertek 
    Testing Services (an independent testing laboratory contracted by GAMA 
    to administer its furnace and boiler Efficiency Certification Program) 
    have done efficiency tests on furnaces and boilers equipped with power 
    burners without insulating the flue gas collector box.
        As discussed above, the Department did not intend to include any 
    provisions in the 1997 final rule which would affect the measured 
    efficiency for furnaces or boilers. Upon further consideration of the 
    above, the Department concludes that the requirement to insulate the 
    flue collector box could lower existing AFUE measurements. The 
    inclusion of this requirement would affect manufacturers' product 
    offerings and their participation in utility rebate programs. 
    Furthermore, it would add a testing burden on manufacturers, by 
    requiring them to re-test and re-certify existing units. Therefore in 
    today's interim final rule, DOE is deleting from its recently adopted 
    test procedure for furnaces and boilers the insulation requirement for 
    power burner units.
    
    II. Procedural Requirements
    
    A. Review Under the National Environmental Policy Act of 1969
    
        The Department has concluded that this interim final rule falls 
    into a class of actions (categorical exclusion A5) that are 
    categorically excluded from the
    
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    National Environmental Policy Act of 1969 (NEPA) review because they 
    would not individually or cumulatively have a significant impact on the 
    human environment, as determined by DOE's regulations (10 CFR Part 
    1021, Appendix A to Subpart D) implementing the NEPA (42 U.S.C. 4321, 
    4331-35, 4341-47). Therefore this interim final rule does not require 
    an environmental impact statement or an environmental assessment 
    pursuant to NEPA.
    
    B. Review Under Executive Order 12866, ``Regulatory Planning and 
    Review''
    
        Today's regulatory action has been determined not to be a 
    ``significant regulatory action'' under Executive Order 12866, 
    ``Regulatory Planning and Review,'' 58 FR 51735, October 4, 1993. 
    Accordingly, today's action was not subject to review under the 
    Executive Order by the Office of Information and Regulatory Affairs.
    
    C. Review Under Executive Order 12612, ``Federalism''
    
        Executive Order 12612 (52 FR 41685, October 30, 1987) requires that 
    regulations or rules be reviewed for any substantial direct effects on 
    States, on the relationship between the Federal Government and the 
    States, or on the distribution of power and responsibilities among 
    various levels of government. If there are sufficient substantial 
    direct effects, then Executive Order 12612 requires preparation of a 
    Federalism assessment to be used in all decisions involved in 
    promulgating and implementing a regulation or a rule.
        The interim final rule published today would not alter the 
    distribution of authority and responsibility to regulate in this area. 
    The interim final rule would only revise a currently applicable DOE 
    test procedure to improve existing testing methods, and to add 
    provisions that DOE might use in future standard setting. Accordingly, 
    DOE has determined that preparation of a federation assessment is 
    unnecessary.
    
    D. Review Under Executive Order 12630, ``Governmental Actions and 
    Interference With Constitutionally Protected Property Rights''
    
        It has been determined pursuant to Executive Order 12630 (52 FR 
    8859, March 18, 1988) that this final rule would not result in any 
    Takings which might require compensation under the Fifth Amendment to 
    the United States Constitution.
        The Department believes that a test procedure implementing a long-
    established statutory mandate in a manner calculated to minimize 
    adverse economic impacts does not constitute a ``taking'' of private 
    property. Thus, testing under the appliance standards program does not 
    invoke the provisions of E.O. 12630.
    
    E. Review Under the Paperwork Reduction Act
    
        No new information or recordkeeping requirements are imposed by 
    this rulemaking. Accordingly, no OMB clearance is required under the 
    Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    
    F. Review Under Executive Order 12988, ``Civil Justice Reform''
    
        With respect to the review of existing regulations and the 
    promulgation of new regulations, section 3(a) of Executive Order 12988, 
    ``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
    Executive agencies the general duty to adhere to the following 
    requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
    regulations to minimize litigation; and (3) provide a clear legal 
    standard for affected conduct rather than a general standard and 
    promote simplification and burden reduction. With regard to the review 
    required by section 3(a), section 3(b) of Executive Order 12988 
    specifically requires that Executive agencies make every reasonable 
    effort to ensure that the regulation: (1) Clearly specifies the 
    preemptive effect, if any; (2) clearly specifies any effect on existing 
    Federal law or regulation; (3) provides a clear legal standard for 
    affected conduct while promoting simplification and burden reduction; 
    (4) specifies the retroactive effect, if any; (5) adequately defines 
    key terms; and (6) addresses other important issues affecting clarity 
    and general draftsmanship under any guidelines issued by the Attorney 
    General. Section 3(c) of Executive Order 12988 requires Executive 
    agencies to review regulations in light of applicable standards in 
    section 3(a) and section 3(b) to determine whether they are met or it 
    is unreasonable to meet one or more of them. DOE has completed the 
    required review and determined that, to the extent permitted by law, 
    the final regulations meet the relevant standards of Executive Order 
    12988.
    
    G. Review Under Unfunded Mandates Reform Act of 1995
    
        If any proposed or final rule includes a Federal mandate that may 
    result in expenditure by state, local, and tribal governments, in the 
    aggregate, or by the private sector, of $100 million or more in any one 
    year, the Unfunded Mandates Reform Act of 1995, signed into law on 
    March 22, 1995, requires an agency (prior to promulgation) to prepare a 
    budgetary impact statement and select the least costly, most cost 
    effective and least burdensome alternative that achieve the objectives 
    of the rule and is consistent with statutory requirements.
        DOE has determined that the action promulgated today does not 
    include such a Federal mandate. Therefore, the requirements of the 
    Unfunded Mandates Act do not apply to this action.
    
    H. Review Under Small Business Regulatory Enforcement Fairness Act of 
    1996
    
        As required by 5 U.S.C. 801, DOE will report to Congress 
    promulgation of the rule prior to its effective date. 5 U.S.C. 801. The 
    report will state that it has been determined that the rule is not a 
    ``major rule'' as defined by 5 U.S.C. 804(3).
    
    III. Interim Final Rule
    
        This Interim Final Rule revises a provision, concerning insulation 
    of the flue collector box, that is included in the 1997 final rule 
    promulgating test procedures for furnaces. The effective date of the 
    test procedures in 1997 the final rule is November 10, 1997. In order 
    to avoid confusion and unwarranted testing and compliance costs, DOE 
    concluded that this amendment to the 1997 final rule must be effective 
    on November 10,1997, and must be issued as promptly as possible. 
    Moreover based on the comments received in response to the 1993 
    proposed rule, the Department does not expect public comments objecting 
    to the change made by this interim final rule.
        Therefore, the Department finds that it would be impracticable, 
    unnecessary and contrary to the public interest to have notice and 
    public comment prior to issuing the amendment set forth in this interim 
    final rule. However, the Department is providing for a post-publication 
    public comment period, and will respond to comments as appropriate in a 
    notice of final rulemaking.
    
    IV. Public Comment
    
        Interested persons are invited to participate in the rulemaking by 
    submitting data, comments, or information with respect to the test 
    procedures set forth in this notice to the address indicated at the 
    beginning of the notice.
        Comments should be identified both on the envelope and on the 
    documents as ``Test Procedures for Furnaces/Boilers, Docket No. EE-RM-
    93-501.'' Ten (10) copies are requested to be
    
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    submitted. If possible, the Department would appreciate an electronic 
    copy of the comments on a 3.5'' diskette. The Department is currently 
    using WordPerfectTM 6.1. All submittals received by the date 
    specified at the beginning of this notice will be considered by the 
    Department of Energy before final action is taken on the interim final 
    rule.
        Pursuant to the provisions of 10 CFR 1004.11, any person submitting 
    information which he or she believes to be confidential and exempt by 
    law from public disclosure should submit one complete copy of the 
    document and nine copies, if possible, from which the information 
    believed to be confidential has been deleted. The Department of Energy 
    will make its own determination with regard to the confidential status 
    of the information and treat it according to its determination.
        Factors of interest to the Department of Energy when evaluating 
    requests to treat as confidential information that has been submitted 
    include: (1) A description of the items; (2) an indication as to 
    whether and why such items are customarily treated as confidential 
    within the industry; (3) whether the information is generally known by, 
    or available from, other sources; (4) whether the information has 
    previously been made available to others without obligation concerning 
    its confidentiality; (5) an explanation of the competitive injury to 
    the submitting person which would result from public disclosure; (6) an 
    indication as to when such information might lose its confidential 
    character due to the passage of time; and (7) why disclosure of the 
    information would be contrary to the public interest.
    
    List of Subjects in 10 CFR Part 430
    
        Administrative practice and procedure, Energy conservation, 
    Household appliances, Incorporation by reference.
    
        Issued in Washington, DC, on September 5, 1997.
    Joseph J. Romm,
    Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
    
        For the reasons set forth in the preamble, Part 430 of Chapter II 
    of Title 10, Code of Federal Regulations, is amended as set forth 
    below.
    
    PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
    
        1. The authority citation for part 430 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 6291-6309.
    
    Appendix N to Subpart B of Part 430--Uniform Test Method for 
    Measuring the Energy Consumption of Furnaces and Boilers
    
        2. Section 6.0 in appendix N to subpart B of part 430 is revised to 
    read as follows:
    * * * * *
        6.0  Apparatus. The apparatus used in conjunction with the furnace 
    or boiler during the testing shall be as specified in section 7 of 
    ANSI/ASHRAE Standard 103-1993 except for the second paragraph of 
    section 7.2.2.2 and except for section 7.2.2.5, and as specified in 
    section 6.1 of this appendix.
    * * * * *
    [FR Doc. 97-27018 Filed 10-10-97; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Comments Received:
0 Comments
Effective Date:
11/10/1997
Published:
10/14/1997
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Rule
Action:
Interim final rule.
Document Number:
97-27018
Dates:
This rule is effective November 10, 1997. Written comments (ten copies) in response to this notice must be received by November 13, 1997.
Pages:
53508-53510 (3 pages)
Docket Numbers:
Docket No. EE-RM-93-501
RINs:
1904-AA45: Test Procedures for Furnaces/Boilers, Vented Home Heating Equipment, and Pool Heaters -- Amendment
RIN Links:
https://www.federalregister.gov/regulations/1904-AA45/test-procedures-for-furnaces-boilers-vented-home-heating-equipment-and-pool-heaters-amendment
PDF File:
97-27018.pdf
CFR: (1)
10 CFR 430